The URL can be used to link to this page

Agenda 07-06-21The City of Boynton Beach City Commission Agenda Tuesday, July 6, 2021, 4:30 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Woodrow L. Hay (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. "'17) u»aJ1,, Iffiiiiuuullll�lllll www. boynton-beach.org Page 1 of 1207 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. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on July 6, 2021 or calling (561) 742-6006 and leaving a message on the public comment hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item number(s) for your comments. Comments received by the deadline will be included in the meeting minutes for the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. Page 2 of 1207 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 1207 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call Closed Door Session Pursuant to Section 286.011(8), Florida Statutes, the City Commission will hold a closed -door session on Tuesday, July 6, 2021 beginning at 4:30 p.m. to discuss pending litigation in the following case: RONALD RYAN, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a local municipality, Defendant — Palm Beach County Circuit Court Case Number: 502016CA007514-XXXX-MB In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Approximately 45 minutes will be needed. I nvocation by Pastor Amalie Ash, First Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Katz Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. FY 2021/2022 budget workshops are scheduled to be held July 12-14, 2021 in the Police Station Community Room, 2100 High Ridge Road: Monday July 12, 2021: 5:30 p.m. Tuesday, July 13, 2021: 10:00 a. m. Wednesday, July 14, 2021: 2:00 p.m. (If needed) The Commission adopts a Preliminary Fire Assessment Rate Resolution and Tentative Millage Rate Resolution at these workshops. B. Proclaim the month of July 2021, as Parks & Recreation Month. Kacy Young, Recreation and Parks Director, will accept the proclamation. C. Acknowledge Mayor Steven Grant's gift of the historical Captain Harold Lyman Charter sign to the Boynton Beach City Library Historical Archives. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Appoint Voting Delegate for the Florida League of Cities Annual Conference on August 12-14, Page 4 of 1207 2021. B. Proposed Resolution No. R21-063 - Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. C. Proposed Resolution No. R21-064 - Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBW RA). D. Proposed Resolution No. R21-065 - Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. E. Proposed Resolution No. R21-066 - Appoint a City Commission representative and alternate to the Transportation Planning Agency (Formerly known as the MPO, Metropolitan Planning Organization). F. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for July 6, 2021 - "Request for Extensions and/or Piggybacks." B. Legal Expenses - May, 2021 - Information at the request of the City Commission. No action required. C. Proposed Resolution No. R21-067 - Approve and authorize the City Manager to sign an amendment to the agreement with Motorola Solutions, Inc. for a Premier One CAD, mobile, records and records mobile solution. D. Proposed Resolution No. R21-068 - Approve and authorize City Manager to sign an amendment to the agreement with Motorola Solutions, Inc. for the Motorola CommandCentral Aware software. E. Proposed Resolution No. R21- 069 - Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) One -Year Action Plan for fiscal year (FY) 2020 authorizing the City Manager to sign the CDBG One Year Action Plan FY 2020. F. Proposed Resolution No. R21-070 - Approve and authorize the Mayor to sign sub recipient agreements for the Community Development Block Grant (CDBG), as adopted in the FY 2020 CDBG One Year Action Plan, on July 6, 2021, subject to approval of the FY 2020 CDBG One Year Annual Action plan, from the U. S. Department of Housing and Urban Development (HUD). G. Proposed Resolution No. R21-071 - Approve Award of Bid No. 022-2516-21 for "Hydraulic Cylinders and Valve Parts and Repairs" and authorize the City Manager to sign a contract with Construction Hydraulics of Lake Worth, Inc. of Lake Worth Florida for an estimated annual expenditure of $65,000.00. H. Authorizing payment to Florida Power & Light (FPL) in the amount of $55,285.00 for the design and supply of the needed conduit and cabling for a new low voltage buried electrical supply for Wells #7 and #8 located in the Boynton Beach Utilities' western wellfield. I. Proposed Resolution No. R21-072 - Authorize the City Manager to sign Amendment No. 1 to Electric Vehicle Charging Equipment Agreement between City of Boynton Beach and Florida Power & Light Company (FPL) modifying the equipment locations and agreement term. Page 5 of 1207 Authorize the rejection of the one (1) bid submitted in response to the solicitation for "Boynton Beach Boulevard Extension Hardscape, Landscape and Irrigation Improvements", Bid No. 018- 2512-20/RW and re -bid the project with changes to specifications and bid documents. K. Approve minutes from the City Commission meeting on June 15, 2021. 7. Consent Bids And Purchases Over $100.000 A. Approve the renewals for employee group medical, dental, vision, long term disability, short term disability, and life/accidental death and dismemberment insurance programs and recommended employer subsidies for Fiscal Year 21-22 and authorize City Manager to sign any required documents. B. Propose Resolution No. R21-073 - Approve amendment to agreement with CareATC, Inc. to administer employee health centers through its shared -site network at a per employee per month base rate of $72.50 and authorize the City Manager to execute all related documents. C. Proposed Resolution No. R21-074 - Approve and Authorize the City Manager to sign the lease - purchase agreement with PNC Equipment Finance, LLC. for Ninety (90) 2021 RXV Elite Golf Cars from EZGO, Division of Textron, Inc for the previously approved total expenditure in the amount of $409,906.80. D. Approve a change to Task Order LIT -11E-03 with Alexis Knight Architects, in the amount of $76,882 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to revise the design plans, provide geotechnical services, surveying services, permitting assistance, bid assistance, and construction administration for Mangrove Park and the Boynton Beach Blvd Extension. 8. Public Hearinq 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 21-019 - Second Reading - Rescinding previous abandonment of a portion of an unimproved five (5) foot wide alley running east to west from Seacrest Boulevard approximately 436.5 feet (ABAN 21-001), and approve abandonment of an approximately 76 foot long section of the five (5) foot wide alley along the south side of Lot 1, Meeks Addition to Boynton Plat. B. Proposed Ordinance No. 21-022 - Second Reading - Amend the Land Development Regulations, Chapter 3, Article IV, Zoning, Section 3.D. Table 3-28, Foot note #103 regarding Landscape Debris Stockpiling use, to add a minimum distance separation standard and amend certain existing operational requirements and standards to avoid hazards, nuisances, and other impacts on residential land uses. City initiated. 9. City Manager's Report A. Approve the Draft American Rescue Plan Act (ARPA) Fiscal Recovery Funds Investment Framework presented by Carisse Lejeune. 10. Unfinished Business - None 11. New Business A. Receive update on status of current lease agreement between the City of Boynton Beach and Lutheran Services of Florida for the City -owned property located at 909 NE 3rd Street (Head Start) and potential options for Lutheran Services to relocate within the City. Page 6 of 1207 12. Legal A. Proposed Ordinance No. 21-023 First Reading - An Ordinance of the City of Boynton Beach, Florida, amending Article I I I of Chapter 18 of the Boynton Beach Code of Ordinances entitled "Municipal Police Officers' Retirement Trust Fund;" amending Section 18-169, Requirements for Retirement Benefit Amounts, providing for conflict, providing for severability, and providing for an effective date. 13. Future Agenda Items A. Discussion on funding for expanding W i-Fi to City parks. - Will be presented during Budget Workshops B. State Representative Emily Slosberg to provide an update on the 2021 Florida Legislative Session. - July 20, 2021 C. Approval of Lease Agreements for City Hall Innovation Space and Cafes Operators - July 20, 2021 D. Consider a recommendation from the PBC Supervisor of Elections to amend the City's candidate qualifying dates and canvassing board for the March 8, 2022 election - July 20, 2021 E. Proposed Ordinance No. 21-020 - First Reading - Approval of Ordinance creating Monument Policy for the City. (Tabled from the June 15, 2021 City Commission Meeting) - July 20, 2021 F. Discussion regarding the use of the Historic Woman's Club of Boynton Beach. - July 20, 2021 G. Mayor Grant requested a discussion about the possibility of a Parks & Recreation Bond. - TBD 14. Adjournment Notice If 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 testinnny and evidence upon which the appeal is to be based. (ES. 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 service, program, or activity conducted by the city. Please contact the City Clerk's office, (561) 742- 6060 or (MT 1-800-955-8771, at least 48 hours prior to the programor activity in order for the city to reasonably accomnndate 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 fromthe office of the City Clerk Page 7 of 1207 1.A. Opening Items 7/6/2021 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Roll Call Closed Door Session Pursuant to Section 286.011(8), Florida Statutes, the City Commission will hold a closed -door session on Tuesday, July 6, 2021 beginning at 4:30 p.m. to discuss pending litigation in the following case: RONALD RYAN, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a local municipality, Defendant— Palm Beach County Circuit Court Case Number: 502016CA007514-XXXX-MB In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Approximately 45 minutes will be needed. I nvocation by Pastor Amalie Ash, First Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Katz Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Page 8 of 1207 Is this a grant? Grant Amount: Attachments: Page 9 of 1207 Requested Action by Commission: Informational items by the Members of the City Commission. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 2.A. Other 7/6/2021 Page 10 of 1207 Requested Action by Commission: FY 2021/2022 budget workshops are scheduled to be held J my 12-14, 2021 in the Police Station Community Room, 2100 High Ridge Road: Monday July 12, 2021: 5:30 p.m. Tuesday, J my 13, 2021: 10:00 a. m. Wednesday, July 14, 2021: 2:00 p.m. (If needed) The Commission adopts a Preliminary Fire Assessment Rate Resolution and Tentative Millage Rate Resolution at these workshops. Explanation of Request: Our FY 2021/2022 Budget process is underway. Budget workshops are scheduled to be held July 12-14, 2021 in the Police Station Community Room, 2100 High Ridge Road: Monday July 12, 2021: 5:30 p.m. Tuesday, J my 13, 2021: 10:00 a. m. Wednesday, July 14, 2021: 2:00 p.m. (If needed) How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 11 of 1207 3.B. Announcements, Community and Special Events and Presentations 7/6/2021 11D City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/6/2021 Requested Action by Commission: Proclaim the month of July 2021, as Parks & Recreation Month. Kacy Young, Recreation and Parks Director, will accept the proclamation. Explanation of Request: July is National Parks & Recreation Month designated by the U.S. House of Representatives. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Boynton Beach Branding Strategic Plan Application: Recognizing the Recreation & Parks Department and the available recreation opportunities the Department offers to residents and visitors. Climate Action Application: No Climate Action Application Is this a grant? Grant Amount: Attachments: Type D Flirc.:ca irna tioin Description Flirc.:cJa irna tioin Flairks and If ec IMonth Page 12 of 1207 Ci%IfG9'r 9 7 Proclamation WHEREAS parks and recreation programs are an integral part of communities throughout this country, including the City of Boynton Beach, and our parks and recreation are vitally important to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of the City of Boynton Beach; and WHEREAS parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and WHEREAS parks and recreation programs increase a community's economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS parks and recreation areas are fundamental to the environmental well-being of the City and parks and natural recreation areas improve water quality, protect groundwater, prevent flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and WHEREAS our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors; and WHEREAS the U.S. House of Representatives has designated July as Parks and Recreation Month; and WHEREAS the City of Boynton Beach recognizes the benefits derived from parks and recreation resources; NOW THEREFORE, I Steven B. Grant, Mayor of the City of Boynton Beach, do hereby proclaim and extend greeting and best wishes to all observing July Two Thousand Twenty -One as: PARKS AND RECREATION MONTH IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 6th day of July Two Thousand Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk Requested Action by Commission: Acknowledge Mayor Steven Grant's gift of the historical Captain Harold Lyman Charter sign to the Boynton Beach City Library Historical Archives. Explanation of Request: Mayor Grant would like the community to know that items with historical value should be kept for posterity (signs, pictures, maps, etc.). Georgen Charnes, Archivist -Librarian, will review what types of donations are accepted by the Library's Historical Archives. How will this affect city programs or services? The presentation could encourage future public donations of historical items related to Boynton Beach to the Library's Historical Archives. Fiscal Impact: None Alternatives: Do not make the announcement Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Attachirneint Description Rh otc...: of S igen Page 14 of 1207 Page 15 of 1207 5.A. Administrative 7/6/2021 11 D City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/6/2021 Requested Action by Commission: Appoint Voting Delegate for the Florida League of Cities Annual Conference on August 12-14, 2021. Explanation of Request: The annual Florida League of Cities conference will be held at the World Center Marriott in Orlando, Florida, August 12-14, 2021. Each year the City Commission appoints a delegate to vote on behalf of the City of Boynton Beach at the annual meeting. See attached request. How will this affect city programs or services? N/A Fiscal Impact: Alternatives: Do not appoint a voting delegate. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Attachirneint Description I:::::II.....0 Voting Delegate IRegL.aESt Page 16 of 1207 FLG)NDA LEAGUE OF CMES To: Key Official From: Eryn Russell, Florida League of Cities Date: June 11, 2021 Subject: 95th Annual Conference Voting Delegate Information The Florida League of Cities' Annual Conference will be held at the World Center Marriot, Orlando, Florida on August 12-14, 2021. This conference will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one official to be the voting delegate. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction of the League. In accordance with the League's by-laws, each municipality's vote is determined by population, and the League will use the Estimates of Population from the University of Florida. Conference registration materials were sent to each municipality via newsletter and are also available online at floridaleagueofcities.com/education-and-events/annual-conference. If you have any questions on voting delegates, please call (850) 701-3616 or email erussell@flcities.com. Voting delegate forms must be received by the League no later than July 28, 2021. Attachments: Form Designating Voting Delegate f C E 31 1(1114 G ' „u, IIIIII ;uw 301 S. ronoucgd Street, Suite 300 °4Ae 'ralVohcas<ee, F'Voridc~a 323171 RO. Box 1757 To80ah assee, Roroda 32302-1757 Phone: FS!50.222.S�btL4 u % 9 fI6fi:oc.s.csona F= 850.222.3806 Page 17 of 1207 95th Annual Conference Florida League of Cities, Inc. August 12-14, 2021 Orlando, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By - Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Voting delegate forms must be received by the League no later than July 28, 2021. Designation of Voting Delegate Name of Voting Delegate: Title Municipality of: AUTHORIZED BY: Name Title Return this form to: Eryn Russell Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Fax: (850) 222-3806 Email: erussell@flcities.com 11111INE FLORIDA LEAGUE OF CITIES VIII h IIISIIAIIIC11ILII'°4,G III !;;,iCAU,,,,, Page 18 of 1207 5.B. Administrative 7/6/2021 Requested Action by Commission: Proposed Resolution No. R21-063 - Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. Explanation of Request: The Countywide I ntergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter -jurisdictional significance. Each individual local government decides the length of the term. Commissioner Ty Penserga is currently serving as the representative and City Manager Lori LaVerriere is currently the alternate for this program. How will this affect city programs or services? Maintain awareness and have input into matters of inter - jurisdictional significance. Fiscal Impact: None Alternatives: The alternative would be to not make an appointment to this program. Strategic Plan: Strategic Plan Application: Climate Action Application: No Is this a grant? Grant Amount: Attachments: Page 19 of 1207 Type IRESdUltion Attachirneint Description IRESdUltion appointing City Repiresentatives to. COL. intywide Ilirit(�sirgov(�siririiryi(�siritaoordination Flirogirairn Disciription of Coirnirnittees Page 20 of 1207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM, AND APPOINTING AS ALTERNATE REPRESENTATIVE TO THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Countywide Intergovernmental Coordination Program; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints as a representative to the Countywide Intergovernmental Coordination Program and appoints as alternate representative to the Countywide Intergovernmental Coordination Program. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 6th day of July, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE YES NO S:ACA\RESO\Appointments\Countywide Intergovermnental Coordination Prograin 2021 - Reso.Docx Page 21 Of 1207 METROPOLITAN PLANNING ORGANIZATION The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi -modal transportation planning and address short-term (five-year) and long-range (20 -year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Government Center. COALITION OF BOYNTON WEST RESIDENTS ASSOCIATION The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter - jurisdictional significance. Each individual local government decides the length of the term. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F1A6E6B2-40DF-4487-AF2E-FD96020DE75A\Boynton Beach. 3060.1. PALM_BEACH_COUNTY_COMMITTEE_-_Explanation_of_Duties.doc Page 22 of 1207 5.C. Administrative 7/6/2021 Requested Action by Commission: Proposed Resolution No. R21-064 - Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBW RA). Explanation of Request: The Coalition of Boynton West Residents Association (COBW RA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBW RA area. The current representative is Commissioner Justin Katz and the alternate is Vice Mayor Woodrow Hay. How will this affect city programs or services? Maintain awareness of matters of significance to the City. Fiscal Impact: None Alternatives: The alternative to this decision would be to not make an appointment to this association. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D f Essc.:llUltioin D Attachirneint Description f Essc.:llUltioin appointing City IlRepirea:>eir tatives to. C0lB W f Description of Coirnirnittees Page 23 of 1207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTS ASSOCIATION (COBWRA), AND APPOINTING AS ALTERNATE REPRESENTATIVE TO THE COALITION OF BOYNTON WEST RESIDENTS ASSOCIATION (COBWRA); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Coalition of Boynton West Residents Association (COBWRA); and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints as a representative to the Coalition of Boynton West Residents Association (COBWRA) and appoints as alternate representative to the Coalition of Boynton West Residents Association (COBWRA). Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 6th day of July, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: VOTE YES NO Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Appointments\COBWRA2021-Reso.Docx Page 24 Of 1207 METROPOLITAN PLANNING ORGANIZATION The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi -modal transportation planning and address short-term (five-year) and long-range (20 -year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Government Center. COALITION OF BOYNTON WEST RESIDENTS ASSOCIATION The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter - jurisdictional significance. Each individual local government decides the length of the term. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F1A6E6B2-40DF-4487-AF2E-FD96020DE75A\Boynton Beach. 3060.1. PALM_BEACH_COUNTY_COMMITTEE_-_Explanation_of_Duties.doc Page 25 of 1207 5.D. Administrative 7/6/2021 Requested Action by Commission: Proposed Resolution No. R21-065 - Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. Explanation of Request: The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self-government. The Board for the Palm Beach County League of Cities meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Commissioner Christina L. Romelus is serving as the representative and Vice Mayor Woodrow Hay is the alternate representative to this Committee. How will this affect city programs or services? Maintain awareness and have input into matters of significance to the City. Fiscal Impact: None Alternatives: The alternative would be to not make an appointment to this organization. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 26 of 1207 Type IRESdUltion Attachirneint Description RESdUltion appointing City Repiresentatives to. Fla�irn Beach I eagLAND Of CiUES Description of Coirnirnittees Page 27 of 1207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES, AND APPOINTING AS ALTERNATE REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF CITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Palm Beach County League of Cities; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints as a representative to the Palm Beach County League of Cities and appoints as alternate representative to the Palm Beach County League of Cities. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 6th day of July, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Appointments\Pahn Beach County League Of Cities 2021 - Reso.Docx VOTE YES NO Page 28 of 1207 METROPOLITAN PLANNING ORGANIZATION The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi -modal transportation planning and address short-term (five-year) and long-range (20 -year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Government Center. COALITION OF BOYNTON WEST RESIDENTS ASSOCIATION The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter - jurisdictional significance. Each individual local government decides the length of the term. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F1A6E6B2-40DF-4487-AF2E-FD96020DE75A\Boynton Beach. 3060.1. PALM_BEACH_COUNTY_COMMITTEE_-_Explanation_of_Duties.doc Page 29 of 1207 5.E. Administrative 7/6/2021 Requested Action by Commission: Proposed Resolution No. R21-066 - Appoint a City Commission representative and alternate to the Transportation Planning Agency (Formerly known as the MPO, Metropolitan Planning Organization). Explanation of Request: The Transportation Planning Agency (TPA) was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The TPA is composed of local elected officials from County and municipal bodies. The responsibilities of the TPA encompass multi -modal transportation planning and addresses short-term (five-year) and long-range (20 -year) time frames. The TPA meeting is held on the 3rd Thursday of the month at the PBC Governmental Center on Olive Avenue. They begin at 9:00 a.m. and typically last two hours. Mayor Steven B. Grant is currently serving as the representative and Vice Mayor Woodrow Hay is the alternate representative to this Committee. How will this affect city programs or services? Maintain communications and awareness of TPA initiatives that may affect the City. Fiscal Impact: None Alternatives: The alternative would be to not make an appointment to this organization. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 30 of 1207 Type IRESdUltion Attachirneint Description IRESdUltion appointing City Repiresentatives to. T lFIA Description of Coirnirnittees Page 31 of 1207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPOINTING AS A REPRESENTATIVE TO THE TRANSPORTATION PLANNING AGENCY (F/K/A METROPOLITAN PLANNING ORGANIZATION), AND APPOINTING AS ALTERNATE REPRESENTATIVE TO THE TRANSPORTATION PLANNING AGENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to representation on the Transportation Planning Agency; and WHEREAS, the City Commission has considered the qualifications necessary for such representation and wishes to bestow upon the following named individuals such right and honor of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints as a representative to the Transportation Planning Agency and appoints as alternate representative to the Transportation Planning Agency. Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 6th day of July, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE YES NO S:ACA\RESO\Appointments\TPA (Fka MPO) 2021 - Reso.Docx Page 32 Of 1207 METROPOLITAN PLANNING ORGANIZATION The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi -modal transportation planning and address short-term (five-year) and long-range (20 -year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Government Center. COALITION OF BOYNTON WEST RESIDENTS ASSOCIATION The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter - jurisdictional significance. Each individual local government decides the length of the term. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\F1A6E6B2-40DF-4487-AF2E-FD96020DE75A\Boynton Beach. 3060.1. PALM_BEACH_COUNTY_COMMITTEE_-_Explanation_of_Duties.doc Page 33 of 1207 5. F. Administrative 7/6/2021 11 D City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/6/2021 Requested Action by Commission: Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: The attached list contains the names of those who have applied for term openings and vacancies on the various advisory boards. A list of vacancies is provided 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: Alternatives: Allow vacancies to remain unfilled Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Attachirneint D Attachirneint Description lRotatic. n and Appointments 07..06...21 JI eir:lk i iris, JI a ernes Page 34 of 1207 Art Advisory Board I Katz Applicants: None Appointments and Applicants for July 6, 2021 Alt 1 yr term to 3/22 Building Board of Adjustments and Appeals Vice Mayor Hay Reg 2 yr term to 3/23 IV Penserga Reg 2 yr term to 3/23 Mayor Grant Alt 1 yr term to 3/22 1 Katz Alt 1 yr term to 3/22 Applicants: None Education and Youth Advisory Board III Romelus Alt 1 yr term to 3/22 Applicants: None Historic Resources Preservation Board III Romelus Reg 2 yr term to 3/22 IV Penserga Alt 1 yr term to 3/22 Applicants: None Recreation and Parks Vice Mayor Hay Reg 2 yr term to 3/23 1 Katz Alternate 1 yr term to 3/22 Applicants: James Jenkins Senior Advisory Board Mayor Grant Reg 2 yr Term 3/23 Applicants: None C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\22365C1B-CC82-4C34-BFFO-6ADC824643FO\Boynton Beach. 27223.1.Appointments_for_07-06- 21.docx Page 35 of 1207 Stanzione, Tammy From: jenkinsjamesj <noreply(c 123forrnbuilder.io> Sent: Tuesday, June 29, 2021 820 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 06/29/2021 Name James Jenkins Phone number 561-654-6374 Address 711 NW 1st Street Suite: 220 Boynton Beach Florida 33435 Reserved Email Current occupation or, if retired, prior occupation Education Are y*y a registere-1 Y+ter' , Do you reside within the jerikinsjaryiesj@yahoo.com 7fr-Jvr4ff#7JFC#7MM• Yes UM - Do you own/manage a business Yes within City limits? If "yes", name of business: Theme Playground Legend "LLC" Are you currently serving on a No City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Recreation & Parks Board If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications Production Event Coordinator Assistant for BET/ Viacom CBS, AVS Production & Special Event Tour Transportation Operator and Stage Management, Studio Live Stage Operator for Tyler Perry Studio, President of The Boynton Beach Rams Minor League Football Team, 2021 USA Football Certified Coach for The Boynton Beach Bulldogs, The Page 36 of 1207 Goal of My Assignment, Preparation Planning According Into Developing Leadership work ethic Team work with passion. extra sheet or resume. Certification 1, the applicant, hereby certify that the staternents and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from aboard. The message has been sent from 7311O4,1Z3(Resermd)at2O31-OG-29I9:2O:O8onChrome 91.D,4472.114 Entry ID: 471 Referrer: Form Host: Page 37 of 1207 Consent Agenda 7/6/2021 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for July 6, 2021 - "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). :NDOR(S) DESCRIPTION OF SOLICITATION RENEWAL TERM AMOUNT SOLICITATION NUMBER SII Marketing L.P. Computer Equipment, State of Florida August 1, 2021 Annual Peripherals, and Contract No. thru July 31, 2022 Estimated Services 43211500-W SCA- Expenditure 15 -ACS $57,800 M Financial Financial Advisory City Bid No. 030- August 2, 2021 thru Annual visors LLC Services 1412-19/MFD August 2, 2023 Estimated Expenditure As -Needed Basis )torola Solutions, Public Safety State of Florida July 1, 2021 thru Estimated Communication Contract December 31, 2021 Expenditure Equipment, Radios, 43190000-18- $35,400 Consoles, Antennas. NASPO-ACS-1 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Page 38 of 1207 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Attachirneint D I Attachirneint D Agireeirneint D I Attachirneint Description Bid E)deinsbins and IRiggy IBaclks Under $100,000 Contract 43211500..Wwry CA...15...ACS Dell Marketing, I F1 Agireeirneint tc..) Reinew RF:::M Il:::::liiriairi(�,,liallAdesoirs, 1 1 C Contract 43190000 18 NASFIO ACS 1 Motc..)irda SdUltioins, Inc, Page 39 of 1207 6; CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS UNDER $100,000 JULY 6, 2021 REQUESTING DEPARTMENT. ITS DEPARTMENT CONTACT: Aaron Burri TERM: August 1, 2021 thru July 31, 2022 SOURCE FOR PURCHASE: 43211500-WSCA-15-ACS A CCO UNT NUMBER: 303-4101-580.65-15 VENDOR(S): Dell Marketing L.P. ANNUAL ESTIMATED EXPENDITURE: $57,800 DESCRIPTION: On 5/7/2019, City Commission authorized the use of the State of Florida Contract # 43211500-WSCA-15-ACS. Approve the renewal for the utilization of the State of Florida Contract for Computer Equipment, Peripherals and Services. Renew the contract for the one-year renewal option August 1, 2021 thru July 31, 2022. REQUESTING DEPARTMENT. FINANCE DEPARTMENT CONTACT: Mara Frederiksen TERM: August 2, 2021 thru August 1, 2023 SOURCE FOR PURCHASE: 003-1410-1811T ACCOUNT NUMBER: Each requirement processed against this open-ended contract will be funded by the appropriate source at the time of release VENDOR(S): PFM Financial Advisors, LLC ANNUAL ESTIMATED EXPENDITURE: As needed DESCRIPTION: On 7/3/2018, Resolution R18-090, City Commission approved authorizing the City Manager to sign an Agreement with PFM Financial Advisors, LLC of Orlando, FL for RFP 003-1410-18/IT for Financial Advisory Services. The Contract allows for two (2) additional, two (2) year periods with the same terms and conditions. The vendor has agreed to renew the Contract for the two-year renewal option August 2, 2021 thru August 1, 2023. REQUESTING DEPARTMENT. POLICE DEPARTMENT CONTACT: Sophia Stewart TERM: July 1, 2021 thru December 31, 2021 SOURCE FOR PURCHASE: 43190000-18-NASPO-ACS-1 ACCOUNT NUMBER: 001-2112-521.46-24 VENDOR(S): Motorola Solutions, Inc. ANNUAL ESTIMATED EXPENDITURE: $35,400.00 DESCRIPTION: Authorize utilizing the State of Florida Contract #43190000-18-NASPO-ACS-1 for the purchase of Public Safety Communication Equipment, Radios, Consoles, Antennas. The contract was extended from July 1, 2021 thru December 31, 2021. rclyu `tV VI IGV/ DocuSign Envelope ID: EAC889CC-OF07-480E-AB62-8DFA4A153228 Mr I ADMINISTRATION May 7, 2021 Alyssa Sayles Dell Marketing L.P. One Dell Way Mailstop RR1-33 Legal Round Rock, TX 78682 Dear Ms. Sayles: STATE OF MINNESOTA Office of State Procurement 112 Administration Building 50 Sherburne Avenue St. Paul, MIN 55155 Voice: 651.296.2600 Fax: 651.297.3996 Please find enclosed Amendment 3 to NASPO Master Agreement No. MNWNC-108 for you to complete and return. Using the DocuSign process, please have the attached document(s) signed and routed for the State's execution by May 14, 2021. A current certificate of insurance from your insurer, in the amounts called for in the contract, is required now to complete the contract document. The insurance requirements are attached for your convenience. Please have your insurance provider send a copy of the COI electronically to Elizabeth Randa at Elizabeth.Randa@state.mn.us. No contract document will be executed with your company until the COI has been received and approved. If the Amendment is not properly executed it will be returned to you. Upon receipt of the properly executed document, and after signatures are obtained from the appropriate State authorities, a copy of the completed Amendment will be sent to your company. If you have any questions, please feel free to contact me. Sincerely, Andy Doran IT Acquisitions Supervisor Enclosure(s) cc: Pamela Kunhart Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Page 41 of 1207 DocuSign Envelope ID: EAC889CC-OF07-480E-AB62-8DFA4A153228 AMENDMENT NO. 3 TO NASPO MASTER AGREEMENT NO. MNWNC-108 THIS AMENDMENT is by and between the State of Minnesota, acting through its Commissioner of Administration ("State"), and Dell Marketing L.P., One Dell Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 ("Contractor" or "Contract Vendor"). WHEREAS, the State has a Contract with the Contractor identified as NASPO Master Agreement No. MNWNC-108, April 15, 2015, through July 31, 2021 ("Contract"), to provide Computer Equipment, Peripherals & Related Services; and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the Commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Office of State Procurement and the Contractor in a fully executed amendment to the Contract. NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows: That NASPO Master Agreement No. MNWNC-108 is extended through July 31, 2022, at the same prices, terms, and conditions. This Amendment is effective beginning August 1, 2021, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. Dell Marketing L.P. The Contractor certifies that the appropriate person(s) have executed this Amendment on behalf of the Contractor as required by applicable articles, bylaws, resolutions, or ordinances. uSigned by: By: FLS& F195AB752459... Alyssa Sayles Printed Name Title: Contract Administrator Date: 5/10/2021 By: Signature Printed Name Title: Date: 2. Office of State Procurement In accordance with Minn. Stat. § 16C.03, subd. 3. DocuSigned by: By: 742DE72118ED492... Title: Acquisition Management Specialist Date: 5/14/2021 3. Commissioner of Administration Or delegated representative. By: FDocuSigned by: A"j Doffs. 681302A26 [77604BA... Date: 5/14/2021 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Amendment No. 3 to NASPO Master Agreement MNWNC-108 Page 42 of 1207 NDMMTiAiChMT�4$.i; r NI,H13�RE Credyrpa�4':�t?Eltirla;. +`C711 3A. 1 ►iQ NVV 1D8 :ht�A R m"J'; WIN M f EIP'M IVT D tl �a~p Page 43 of 1207 AMENDMENT NO. 1 TCS CONTRACT NO. MNWNC-108 THIS AMENDMENT is by and between the State of Minnesota, acting through its commissioner of Administration -("State"), and Dell Marketing L.P., One Deli. Way, Mailstop RR1-33 Legal, Round Rock, TX 78682 ("Contract Vendor"), WHEREAS, the State has a Contract with the Contract Vendor identified as Contract No. MMNNC-108, April 1, 2015, through March 31, 2017 ("Contract"), to provide Computer Equipment: (Desktops, Servers, and Storage including Related Peripherals and Services); and WHEREAS, Minn. Stat. § 16C.03, subd. 5, affords the commissioner of Administration, or delegate pursuant to Minn. Stat. § 16C.03, subd. 16, the authority to amend contracts; and WHEREAS, the terms of the Contract allow the State to amend the Contract as specified herein, upon the mutual agreement of the Materlals Management Division and the Contract Vendor in a fully executed amendment to the Contract. NOW, THEREFORE, it is agreed by the parties to amend the Contract as follows: 1. That Contract No. MNWNC-108 is extended through March 31, 2020, at the same terms and conditions. 2. The Contract Vendor shall provide Computer Equipment: (Desktops, Servers, and Storage including Related Peripherals and Services) at the prices set forth on the attached Exhibit B, Pricing Schedule. This Amendment is effective beginning April 1, 2017, or upon the date that the final required signatures are obtained, whichever occurs later, and shall remain in effect through contract expiration, or until the Contract is canceled, whichever occurs first. Except as herein amended, the provisions of the Contract between the parties hereto are expressly reaffirmed and remain In full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed intending to be bound thereby. 1. DELL MARKETING, L.P. The Contractor oertiRes that the appropriate peraGn(s) have executed this Amendment on behalf of the Contractor as required by appflcg1& arflds bylaws, resolutions, or ordinanoes. By: �:,.�6�... Dian Wt 'I Pdntad Name Title: Contracts Pro ram Manager Date: By • sre mm. Ported Name �"�, Title: Date: 2. OFFICE OF STATE PROCUREMENT In accordance Minn. Etat. § 160.03, subd. 3. By Title: Acauisiiion Management Speciali Date: S°-1 3. COMMISSIONER OF ADMINISTRATION Or deiega , san^rtative. By: Date: Zs CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 45 of 1207 DEPARTMENT OF COMPUTER EQUIPMENT ADMINISTRATION 20�4-2�20 STATE PROCUREMENT Updated 04/01/2017 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD CONTRACT NO. MNWNC-1 08 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 46 of 1207 Coversheet Page I of 2 B.G. CONSENT AGENDA 5/7/2019 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: Sf112019 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R1M51 - Authorize utilizing the State of Florida Alternate Contract #43211500-WSCA-I5-ACS for the purchase of Dell workstations and Monitors from Dell Marketing LP of Round Rock, TX in an amount not to exceed $40,000 and authorize the City Manager to sign an Agreement with Dell Marketing LP. The Florida Alternate Contract procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Contract Period: September 30, 2015 — March 31, 2020 The I.T.S. department has engaged in a computer replacement program over numerous years, to provide our employees with computing technology adequate to run the software needed to perform their job functions. Maintenance on older equipment has proven to be extremely costly from a financial perspective. This purchase provides for the replacement of computers and laptops that are a minimum of 4 years and older or no longer meet the minimum technical requirements for the workload. Our oldest computers are not necessarily replaced with the new computers; Users that require high-end computing power to perform their job functions will receive the newer systems. Their previous systems will be taken back to the I.T.S. department to be refreshed. Those previously used systems are given to users needing less -powerful systems than the new systems, but more efficient than their old systems. The cascading process of this PC replacement plan continues until we are eventually left with the oldest systems. The oldest systems are used for spare parts or are ultimately retired. The State of Florida contract complies with the City of Boynton Beach's competitive bid requirements. NOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? We will be replacing out-of-date employee computer equipment that is marginally capable of running the city's current software products. Many enterprise applications such as GIS, Video Surveillance, and Document Imaging require higher end PC's. The up-to-date PC's will increase efficiency in internal business operations by providing an appropriate hardware! software combination. FISCAL IMPACT: Budgeted Funding was approved and is available in the CIA budget for fiscal year 2018119 under account number 303-4101-580.64-15 for an amount not to exceed $40,000. ALTERNATIVES: The City could issue its own bid request. Staff does not believe that a City bid process would result in a substantially less cost per computer/monitor. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: https://boyntonbeach.novusagenda.com/AgendaIntranet/CoverSheet.aspx?ItemID=5992&M. Pag fg A71207 Coversheet ATTACHMENTS: Type n Il !rffi,q;,pNuud�Pa'rou'h 6 ,+!��,cirrcu�uu,nt D �u�!u.uuvVu,� [] �r!lu�ui r^u7nin,?r� Page 2 of 2 Description Resolution approving piggy -back of Slate Contract for Dell Computers Piggy -back Agreement with Dell for Computers Dell Workstation Quote WSCA Master Agreement Amendment WSCA Agreement Additional Info Dell Master Agreement https://boyntonbeach.novusagenda.com/AgendaIntranet/CoverSheet.aspx?ItemID=5992&MpacW8la 2g 1207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R19 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING UTILIZING THE STATE OF FLORIDA COMPUTER EQUIPMENT, PERIPHERALS & SERVICES CONTRACT NO. 43211500-WSCA-I5-ACS IN AN AMOUNT NOT TO EXCEED $40,000.00; AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH DELL MARKETING, LP.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the ITS Department has determined that the replacement of computers and laptops that are a minimum of 4 years and older which no longer meet the minimum technical requirements for workload is necessary; and WHEREAS, this Agreement allows the City's ITS to use the State of Florida Contract prices to purchase computer workstations and monitors; and WHEREAS, the City Commission of the City of Boynton Beach, upon the recommendation of staff, deems it in the best interest of the citizens and residents of the City of Boynton Beach to approve and authorize the City Manager to sign an Agreement with Dell Marketing, LP., in an amount not to exceed $40,000.00 at prices based on State of Florida Computer Equipment, Peripherals & Services Contract No. 43211500-WSCA-I5-ACS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach hereby approves and authorizes the City Manager to sign an Agreement with Dell Marketing, LP., for the City's computer workstations and monitors in an amount not to exceed $40,000 at prices based on State of Florida Computer Equipment, Peripherals & Services Contract No. 43211500-WSCA- SACAIRES0IAgreementsTiggy-back - State of Florida with Dell (Computers) - Reso.docx Page 49 of 1207 30 15-ACS, a copy of which is attached hereto as Exhibit "A". 31 Section 3. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of _ .................... 2019. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor — Steven B. Grant 38 39 Vice Mayor — Justin Katz 40 41 Commissioner — Mack McCray 42 43 Commissioner — Christina L. Rome] us 44 45 Commissioner — Ty Penserga 46 47 VOTE 48 ATTEST: 49 50 51 52 Judith A. Pyle, CMC 53 City Clerk 54 55 56 (Corporate Seal) 57 S:1CA1RE501Agreements\Piggy-back - State of Florida with Dell (Computers) - Reso.docx Page 50 of 1207 AMENDMENT NO.: 1 - Renewal PARTICIPATING ADDENDUM NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC- And The State of Florida Alternate Contract Source,No. 43211500-WSCA-I5-ACS F, This Amendment ("Amendment") effective April 1, 2017, to the Computer Equipment, Peripherals, & Services Contract No. 43211500-WSCA-15-ACS ("Contract"), between the State of Florida, Department of Management Services ("Department") and ("Contractor") are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Participating Addendum unless otherwise defined herein. Contract Renewal. The Department hereby executes its renewal option for a three (3) year period pursuant to Section 287.057(13), Florida Statutes. The new contract expiration date is March 31, 2020. I. Public Records. The Participating Addendum is amended to add the following: If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency as provided by section 119.0701(2)(b), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency 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, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 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 CONTRACT MANAGER. II. Annual Appropriation. The Participating Addendum is amended to add the following: Pursuant to section 287.0582, F.S., if the ACS binds the State or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the ACS is contingent upon an annual appropriation by the Legislature. Page 51 of 1207 III. Cooperation with the Inspector General. Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/iibrary- archives/records-management/general-records-schedulesn, whichever is longer. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor`s compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include, but will not be limited to salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. IV. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. V. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. VI. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. State of Florida, Department of Management Services By: By: Name: Erin Rock Title: Chief of Staff Date: Name: Title: Date: Page 2 of 2 Page 52 of 1207 Information below was taken from the following website: 9�� P. N �., ...� "��1 . i ,o,.,�, ,o,,,a� ➢� u��! �� . �� aurid @ELgggie �p: boa �t�^��.�do�ta.i�a�� u°ua;�,i�u, �,�� m � � duu � ;� U�a•��uu�ipi�t � i� r�ulu�u�°i�� , a~u�� uui.. nis Ilteiin ate CC11�iuiiraici�: s auairr°w a,oinii eo4nuu.:url�......_ s n a. pattmerd oP Manan Pmierl l Esea^ ';ces > Su.: "i e 0 1-11-alions > State Punt" zWL' g > �&ndar tnfoy�l�arzn > St�mtc �:r uLu:�rcts an grt-erruerris > g. r q; r 4 �a > Computer Equipment, Peripherals & Services r< Pr ftun Computer Equipment, Peripherals &Services 43211500-WSCA-9 5 -Acs `f( ve Period 091,30n2015 through 0313112020 7ype Alternate Contract Source Oft ® 'ii!. C�tuu•p;�'�Jft'9�g.4�r��,tl1s��tyr� e CUMV15 Desaiption 'tllli`ti!�„~i� u�us�p'„il)pk�tt0��1(4�iti �ira��lti0gp�roro� k�u��.��unts~Amu�u��p' 42,11lristoLlherINjr: UIeun (850) 922-9867 d'uitsto bhe!".ri'9[ Yk1.RliE: . irrrs'.n'l iniy.iV_r.X3r1fC UNSPSC-43211500, UNSPSC-43211600, UNSPSC-43219900 This alternate contract source (ACS) authorizes 1he use of the National Association of State Procurement Officials' ValuePoint Program (NASPO ValuePoint) Computer Equipment, Peripherals and Services contract, which vdas competitively solicited and awarded by the State of Minnesota. 13erreftftS This contract is available only for products not on state term contracts_ WSCA participating addendums are entered on behalf of governmental entities in Flonda for Ace, Apple, ByteSpeed, Clara, Cisco, Computer Technology Unk, Dell, EMC, Firefly, Fujitsu, HP Inc_, HP Enterprise, Hitachi, Howard, IBM, Lenovo, M&A Technology, Microsoft, Microtech, NetApp, Nimble, Panasonic, Pure Storage, Samsung, Tegile, Tintri, Transource, and Xiotech. Page 53 of 1207 EIP li-2.2111t7iuY.,"!g[Manou . . . .. . . . . S gy, ........ .... ....... > a: rain ie "'es 11 Qp ag�grp Mtff f %u. Nir iph f ""m ftw-klm C irs, II cell p I-- >� I Mu A - Non-Minonty No No Yes Statewide Contact Information Vendor: Dell Marketing LP FL Minonty Business Designaton: A - Non-MinoMy Vendor FEIN. 74-26161305 Contacts: Katherine Dungy Title: Program Contract Manager One Dell Way, RRI -33 Street Address: Round Rock, TX 78682 Phone Number. 512-723-0818 Email Address: dunavrc-Weg.coni Ordering Information Contact Name: Andre Fuqua Title:_ Sales Representative One Dell Way, RR8-11 Address: Round Rock, TX 78682 Email Address: Andre_FuquaExiell.corn Phone Number 512-513-8704 Toll Free Number: 1-800-981-3355, ext- 513-8704 Ordering Fax Numbers: 512-283-3884 Internet Address: Dell lWaTkeiina Dell Marketing L -P. 010 Dell USA L.P. Remit Address Atlanta, GA 30353-4118 1120.38KB) Page 54 of 1207 kiines I 9)tff : DEPARTNEN r: OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD . WITH DELL MARKETING, L.P. FOR COMPUTER EQUIPMENT: (Desktops, Laptops, Tablets, Servers and Storage including Related Peripherals & Services) To: Dell Marketing L. P:CONTRACT NO: MNWNC-108 One DelMa s op�s� K91-33 V -6/4 - Round Rock, TX 78682 �%%�',?/s�/&CONTRACT PERIOD: April 1, 2015, or upon final Contract .Vendor Administrator: Diane executed. signatures. Wigington whichever. is. later .Email: Diane Wioington@dell.com THROUGH March 31,'2'0'17 Phone: (512) 728-4805 EXTENSION LOPTION: 'UP TO 36 MONTHS You are hereby notified that your response to our solicitation, which opened January 31, 2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the Stater :1. A Participating Entity's Participating Addendum ("PAP) A Participating Entity's Participating Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor underthe Terms of Minnesota WSCA-NASPO Master Agreement.; 2. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms and Conditions); 3: The Solicitation; andA. the Contract Vendor's response to the Solicitatlon: These documents shall be read to.be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. IN WITNESS, WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. I]ELL MARKETING L. P. The Contractor certifies that the appropriate person(s) have executed this Agreement on behalf of the Contractor as required by a artia bylaws& resp S. ora nances. By: Wh kip .G. Miller. ...................:.............. rare: C ntract M .. , alnaader IDir K04QAl� Date: ✓�VI fA� L,- 015 - - By: Title: ..,, _ _ ................... Date: 2. MINNESOTA MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat % 160A. aubd.-3. B T Title: Waster Agreement Administrator Data. 3. MINNESOTA COMMISSIONER OF ADMINISTRATION Or delegated representative. BY -,, —e _.Ina siert Dats, e MAR 0 3 2015 By Lucas J. Jannett CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 55 of 1207 STATE OF MINNESOTA Materials Management Division 112 Administration Building 50 Sherburne Avenue,m St. Paul, MN 65155 Voice: 651.286.2600 Fax: 667,2$7:3896 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD . WITH DELL MARKETING, L.P. FOR COMPUTER EQUIPMENT: (Desktops, Laptops, Tablets, Servers and Storage including Related Peripherals & Services) To: Dell Marketing L. P:CONTRACT NO: MNWNC-108 One DelMa s op�s� K91-33 V -6/4 - Round Rock, TX 78682 �%%�',?/s�/&CONTRACT PERIOD: April 1, 2015, or upon final Contract .Vendor Administrator: Diane executed. signatures. Wigington whichever. is. later .Email: Diane Wioington@dell.com THROUGH March 31,'2'0'17 Phone: (512) 728-4805 EXTENSION LOPTION: 'UP TO 36 MONTHS You are hereby notified that your response to our solicitation, which opened January 31, 2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the Stater :1. A Participating Entity's Participating Addendum ("PAP) A Participating Entity's Participating Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor underthe Terms of Minnesota WSCA-NASPO Master Agreement.; 2. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms and Conditions); 3: The Solicitation; andA. the Contract Vendor's response to the Solicitatlon: These documents shall be read to.be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. IN WITNESS, WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. I]ELL MARKETING L. P. The Contractor certifies that the appropriate person(s) have executed this Agreement on behalf of the Contractor as required by a artia bylaws& resp S. ora nances. By: Wh kip .G. Miller. ...................:.............. rare: C ntract M .. , alnaader IDir K04QAl� Date: ✓�VI fA� L,- 015 - - By: Title: ..,, _ _ ................... Date: 2. MINNESOTA MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat % 160A. aubd.-3. B T Title: Waster Agreement Administrator Data. 3. MINNESOTA COMMISSIONER OF ADMINISTRATION Or delegated representative. BY -,, —e _.Ina siert Dats, e MAR 0 3 2015 By Lucas J. Jannett CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 55 of 1207 ' ��U U�~��U U��Q��'' ~�~�."=. w� . ~~.� ~~��wmw, ~°.°~.� " �� =o�-��"� MINNESOTA O MASTER AGREEMENT AWARD TABLE OF.CONTENTS TABLE OFCONTENTS ----_...,'��---------------------.------___—.,___._____ . 2 SUMMARY....................................................................................................... .................................................................. � _ EXHIBITA' -TERMS & CONDITIONS .................................................................................................................................. 8. EXHiBD'B-PRU�NG---------------.`_----____.______.^_________________ 34 EXHIBITB-PRkCING SCHEDULE ..................... ........................... ............. ................................................................. 2o EXHIBIT C'PRODUCT AND SERVICE SCHEDULE (PSS) ................. ��.�--........... __........... _............. _........... 2T `— `'� EXHD�TD-yVEBSR��.—.-----__,______.�_____,_____.____________,__^_______ 2B EXHIBIT 2 - ACTION REQUEST UPDATE FORM (ARF) ...................................... ......................................................... 2m EXHIBITF-REPORTNG—....... ............... .................................... ............. ...... ......................................................... w/ ` EXHIBIT /�-DEFK4OlONS------''----`---.-----.-----___.—___________, 3� u CONTRACT NO. MnWmG-108 MASTER AGREEMENT AWARD. COMPUTPREQUIPMENT DELL MARKETING L.e . . � Page 56 of 1207 COMPUTEREQUIPMENT'' 2014-2019 lnn'1 / A MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD SUMMARY 1. BACKGROUND. The State of Minnesota, Department of Administration, Materials Management. Division publicly posted a -Request for proposal on behalf of the State:of Minnesota and WSCA-NASPO Cooperative Procurement Program ("WSCA-NASPO") resulting in a Master Agreernent'Award,.After evaluation by a multi tate sourcing team the solicitation resulted in this Minnesota WSCA-NASPO Master Agreements with qualified manufacturers for. Computer Equipment (Resktops, Laptops, Tablets, Servers, and .Storage Including related Peripherals & Services. The original solicitation contains the requirements and definitions establishing the following Product Bands allowed on the Master Agreement, The configuration limits and restrictions for this Master Agreement are provided below. Participating Entities may revise these in their Participating Addendum. Bands awarded are identified below: Band 1: Desktop Band 3'. Tablet Band 5: Storage Band 2: Laptop Band 4: Server The original solicitation included Band 6: Ruggedized. Thfs:band has been removed and ruggedized equipment will be allowed in Bands 1-5. The original solicitation and responses may be found on the WSCA-NASPQ Website, 2, EFFECTIVE DATE: The Master Agreement contract term will begin on April 1, 2015, or upon final executed signatures, whichever is later, through March 31, 2017 with the option to extend up to 36 months, -upon agreement by both parties. Contract Sales may not begin until the Website, Product and Service Schedule and third party products have been approved by the Master Agreement Administrator. 3. PARTICIPATION. All authorized governmental entities in any. State are welcome to use the: resulting Master Agreements through WSCA-NASPO with the approval of the State Chief Procurement Official. Contract Vendors are aisle to sign Participating Addendums (PA) at the option of Participating States. Participating States reserve the right to:add State'specific terms and.canditions and modify the scope of the contract in their Participating Addendum as allowed by the Master Agreement,. 4. CONFIGURATION DOLLAR LIMIT$. The following configuration limits apply to the Master Agreement. Participating States may define their configuration limits in their participating addendum. The Participating State's Chief Procurement Official may;increase or decrease the configuration limits, as defined in their Participating Addendum. The'Participating State.wili detemZine with the Contract Vendor how to'approve these modifications to the State's Product and Service Schedule. The dollar limits identified below are based on a SINGLE computer configuration. This is NOT a restriction on the purchase of multiple configurations (e.g. an entity oodid purchase 10 laptops @ $10,000 for a total purchase price of $100,000). 'ITEM CONFIGURATION* Server $5001-000 Storage $500:000 Desktops $ 10,000 Laptops $ 10,000 Tablets $ 5,000 Peripherals . $ 5,000 Services Addressed by each State in participating addendum * Configuration is defined as the combination of hardware and software components that make up the total functioning system. Software purchases are considered a part of the configuration limit of the equipment. 3 CONTRACT No. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L P. Page 57 of 1207 i5. RESTRICTIONS. The following restrictions apply to the Master Agreement. A Participating State may set further restrictions of products in their Participating Addendum. The -Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. a„ Softw 1. Software is restricted to operating systems and commercial off-the-shelf (COTS) software and is subject to equipment configuration limits. 2. Software is an option which must be related to the procurement of equipment. 3. Software must be pre -loaded or provided as an electronic link with the initial purchase of equipment. 4. Software such as middleware which is not always installed on the equipment, but is related to storage and server equipment:(Band 4&5) purchased, is allowed: and maybe procured after the initial purchase of equipment. b. Servl 1. Services must be related to the procurement of equipment. 2. Service limits will be addressed by each State. 3. Wireless phone and internet service is not allowed. 4. Cloud Services including acquisitions structured as managed on-site services are not allowed. 6. Managed Print Services are not allowed. c. T Part, roduc 1. Contract Vendors can only offer Third Party Products in the bands they have been awarded. 2. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. d AWa#llonal ProductlServices 1. Hardware and software required to solely support wide area network (WAN) operation and management are not allowed. 2. Lease/Rentals of equipment may be allowed and will be addressed by each State. 3. Cellular Phone Equipment is not allowed. 4. EPEAT Bronze requirement maybe waived, on a State case by case basis, if approved by the State's Chief Procurement Officer. a $. PARTNER UTILIZATION: Each state represented by WSCA-NASPO that chooses to participate in this Master Agreement independently has the option of utilizing partners. Only partners approved by the Participating'State may be deployed. The participating State will define the process to add and remove partners in their participating addendum. 4 CONTRACT No. MNWNC-1013 MASTER AGREEMENT AWARp COMPUTER EQUIPMENT DELI. MARKETING L. P. Page 58 of 1207 MINNESOTA WSGA-NASPO MASTER AGREEMENT AWARD EXHIBIT A - TERMS & CONDITIONS MASTED AGREEMENT TERMS AND .C.ONDITtONS A. GENERAL TERMS; CONDITIONS -&'INSTRUCTIONS 1. ACCEPTANCE OF TERMS AND CONDITIONS. The contents of the RFP and the response of the successful responder will become Master Agreement contractual obligations, along with the -final Master Agreement, if acquisition action ensues. A statement of acceptance of the proposed Contract Terms and Conditions, unless taken exception to, as specified in the RFI? must be included'in the response. Any suggestions for alternate language shall be presented. The Lead State is under no obligation to accept wording changes submitted by the responder. The Lead State is solely responsible for rendering decisions in matters of interpretation on all terms and.conditions. Any response which fails to comply with this requirement may be disqualified as nanresponsive: All general proposal terms, specifications and WSGA-NASPO Terms:&.Conditions form apart of this RFP and will apply to any Master Agreements entered into as a result thereof. CONFLICT OF TERMSIORDER OF PRECEDENCE: a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms & Conditions) c. The Solicitation including all Addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority'to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that -are expressly accepted by the- Lead State and must be in writing and attached to the Master Agreement as an Exhibitor Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the- Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed.exception . has been negotiated. 3. ADDENDA TO THE RFP. Any addendum issued will become: apart of the RFP. The Lead State may modify or clarify the RFP by issuing one or.more addenda to all parties who have received the RFP. Each responder must follow the directions on the addendum. Addenda will be numbered consecutively in the order they are issued. 4. AWARD.7he award of this solicitation will be based upon the total accumulated points as established in the RFP, for separate items, by grouping items, or by total lot, and where at its sole discretion the Lead State.believes it will receive the best value. The Lead 'State reserves the right to award this solicitation to a single responder, or to multiple responders, whichever is in the best interest of the Lead State. It is the State's intent to award to multiple responders. The Lead State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re- issue the solicitation, whichever is in the best interest of the Lead State. The Sourcing Team will make a recommendation on the award of this RFP. The commissioner of Administration or designee may accept or reject the recommendation. of the Sourcing Team. The final award decision will be made by the Commissioner of Administration and the WSCA-NASPO Management Board. 5. CLARIFICATION. If a responder discovers any significant ambiguity; error, conflict, discrepancy, omission, or other deficiency in the RFP, the responder.shall immediately notify the Acquisition Management Specialist in writing, as CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L P Page 59 of 1207 specified in the introduction, of such error and request modification'or clarification of the document. This notification is due no later than seven calendar days -prior to the proposal due date and time. Responders ara:cautioned that any activity or communication with a Siete employee or officer, or a member of the Evaluation Team, regarding this Solicitation's contents or process, is strictly prohibited and may, as a result, have its response rejected. Any communication regarding this Solicitation,.its content.or process, must be directed to the Acquisition Management Specialist listed in the Solicitation documents. 6. COMPLETION OF RESPONSES. A response maybe rejected if it is conditional or incomplete. Responses that contain conflicting, false, or misleading statements or that provide references that contradict or do not support an attribute or condition stated by the responder, may rejected. 7. MASTER AGREEMENT ADMINISTRATOR, The Master Agreement Administrator designated by WSCA-NASPO and the State of Minnesota, Department of Administration is: Susan Kahle. Direct all correspondence and inquiries, legal questions, general issues, or technical issues regarding this RFP to: Susan Itahte Acquisition Management Specialist, Department of Administration Materials Management Division 50 Sherburne Man-agement 112 Administration Building St. Paul, MN 5515.5 Fax:- 551.297.3996 E-mail:: gggM kah g&Late.M_n us, S. DISPOSITION OF DATA SUBMITTED BY CONTRACT VENDOR. All materials submitted in response to this RFP will become property of the Lead State and will become public record after the evaluation process is completed. The evaluation process is complete when negotiations. with the selected vendors are final. By executing this Contract: the Contract Vendor certifies and agrees that all information provided in the.Contract and in response to the solicitation will -be made public in accordance with the solicitation and that no information has been designated Trade Secret pursuant to the Minnesota Government Data Practices Act. If the Contract Vendor submits information: after execution of this Contract.that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minn. Stet. § 13.37, the Contract Vendor must: a. clearly mark all trade secret materials at the'time the information is submitted; b. include a statement with regard to the information justifying the trade secret designation for each item; and, c. defend any action seeking release'of the materials it believes to be trade secret, and indemnify and hold harmless the: Lead State, its adepts and employees, from any judgments awarded against the Lead State in :favor of the party requesting the matedals;:and any and all costs connected with that defense. This indemnification survives the Lead State's award of. a Master Agreement. In submitting: a response:to the RFP, the responder agrees that this indemnification survives as long as the trade secret materials are in possession of the Lead State, The Lead State will not consider the prices submitted by the responder to be trade secret materials. 9. DISPUTE RESOLUTION PROCEDURES. Any -issue a responder has with the RFP document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to and received by the Master Agreement Administrator: prior to the -opening due date and: time. Any issue a responder has with the Master Agreement award must be submitted in writing to the Master Agreement Administrator within five working days from the time the notice of the intent to award'is issued. This notice may be made by any of the following methods: nothe Materials Management Lealdcation State will ls spond to atter, W or myl protestail, or o eceivedtha fol ows the above procedure.eFoorr. those protests that meet th s. The he above submission requirements, the appeal process is, in sequence: The responsible Master.Agreement Administrator; the Materials Management Division (MMD)'Assistant Director, and the MMD Director. 10. ELECTRONIC.FILES TO.DOWNLOAD, COMPLETE, AND RETURN:. Responders must download a Word/Excel document. 11. ENTIRE AGREEMENT. A writteh'Master Agreement (including the contents of this RFP and selected portions of Contract Vendor's response incorporated therein by reference).and any written addenda thereto constitute.the entire agreement of the parties to the Master Agreement. CONTRACT No. MNWNc- 08 MASTER AGREEMENT AWARIJ COMPUTER EQUIPMENT DELL MARKETING L. P. Page 60 of 1207 12. IRREVOCABLE OFFER. In'Accordance with this Request for Proposal, and subject to all conditions -thereof, the undersigned agrees that. its response to this RFP, or any part thereof, is:an irrevocable offer for 180 days following the submission deadline date -unless stated this in the RFP. It is understood and agreed -that the response, or any part:thereof, when accepted by the appropriate'department and State officials in writing, may becorrre part of a legal and binding Master Agreement between the undersigned vendor and the State of Minnesota. 13. MATERIAL DEVIATION. A responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of:the conditions. Submission by the responder of its proposed language shall not be viewed as an exception unless -the responder specifically states in the response that its proposed changes are intended to supersede the terms and conditions. RESPONDERS ARE CAUTIONED THAT BY- TAKINO. ANY EXCEPTION THEY MAY 6E MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL TERMS, CONDITIONS AND INSTRUCTIONS OR THE WSCA-NASPO TERMS AND CONDITIONS AND/OR SPECIFICATIONS,. ITS RESPONSE MAYBE REJECTED. A material deviation is an exception to the Request for Proposal general or WSCA-NASPO terms and conditions and/or specifications that: a. gives the responder taking the exception a competitive advantage over other vendors-, or; b. gives the Lead State something. significantly different from that which the Lead State requested. 14. NONRESPONSIVE RESPONSES. Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected. 15. NOTICES. If oneparty is required to give 'notice to the:other under the Master Agreement, such notice shalt be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained. A facsimile transmission shall constitute sufficient: notice, provided the receipt of the transmission is confirmed by the receiving party: Either party must notify the other of a change in address for notification purposes. All notices to the Lead State shall be addressed. as follows: STATE OF MINNESOTA: MN WSCA=NASPO COMPUTER EQUIPMENT CONTRACT ADMINISTRATOR 112 Administration Bldg. 50 Sherburne Avenue St. Paul, MN 55155 651,296-2600 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P... Page 61 of 1207 MASTER AGREEMENT TERMS AND CONDITIONS B. WSCA-NASPO TERMS AND CONDITIONS 1. ADMINISTRATI_ %, The Contract Vendor shall pay a WSCA-NASPO Administrative Fee of one tenth. of one percent (0.1% or 0.001) in accordance with the Terms,and Conditions of the Master Agreement'no later than 60 days following the end of each calendar quarter. The WSCA-NASPO Administrative Fee shall be submitted quarterly and is based on.sales of products and services (less any charges for taxes or shipping). The WSCA-NASPO Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. Additionally, some states may require an additional, fee be paid directly to the state on purchases made by Purchasing Entities within that state.. For all such: requests -,the fee level, .payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is bade a part of the Master Agreement. The Contract Vendor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state: All such agreements may not affect the WSCA-NASPO Administrative Fee.or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. 2. A REEMENTQBPEROPPRECEDENCE., The Master Agreement shall consist of the following documents: a. A Participating Entity's Participating Addendum CPA"); b. Minnesota WSCA-NASP0 Master Agreement (includes negotiated Terms and Conditions) c. The Solicitation including'all addendums; and. d. Contract Vendor's response to the Solicitation . These documents shall be read to be consistent and complementary. Any conflict among these documents shall -be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master. Agreement are only those that are expressly.accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's'response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently -provided by the Contract Vendor. The solicitation language prevails. unless a rnutually agreed exception has been negotiated. 3. AMENDMENTS. The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended. in- any manner whatsoever without prior written approval of the WSCA-NASPO Master Agreement. Administrator. 4. AS GNMENT OF A RUST RIGHTS. Contract Vendor irrevocably assigns to:a Participating Entity any claim for relief or cause of action which the Contract Vendor now has or which ,may accrue to the Contract Vendor in the future by reason of any violation of state or federal antitrust laws (15 U.S.0:'§ 1-15 or a Participating Entity's state antitrust provisions), as now in effect and'as may be amended from time to time, in connection with any goods or services provided to the Contract Vendor for the purpose of carrying out the Contract Vendor's obligations under this Master Agreement or Participating Addendum, including, at a. Participating Entity's, option, the right to control any such litigation on such claim for relief or cause of action. 5. ASL ENTISLJ O CT,. Contract Vendor shall not assign, sell,, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the WSCA-NASPO Master Agreement Administrator. 6. CANCELLATION. Unless otherwise stated in the terms and conditions, any Master Agreement may be canceled by either party upon 60 days' notice, in writing, prior to -the effective date of the cancellation. Further, any Participating Entity may cancel its:p.articipation upon 30'days written notice, unless otherwise limited or stated :in the special terms and conditions of this solicitation or in the applicable Participating Addendum. Cancellation may be in whole or in .. part. Any cancellation under this'provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of a Participating Entity to indemnification by the Contract Vendor, rights of payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in association with any order. Cancellation of the Master Agreement -due to Contract Vendor default maybe immediate if defaults cannot be reasonably cured as allowed per. Default and Remedies term. 7. C IDEN7 fAL T NUIY-IJL�tiL .7U �/►rvu r1Y � w� R=�� •c�av � u+�.,.�+. 7.1 Con#tde�,lt,�. The parties acicnowfedges that they and (heir employees or agents may, in��edprocon CONTRACT NO. MNwNC•7Q8 MASTERAGREEM ENT AWARD COMPUTER EQUIPMENT CELL MARKETING L. P. Page 62 of 1207 confidential obtained in the- performance of this Master Agreement, including, but not necessarily firnited to (a) any Participating Entity records, (b) personnel records; (c) information concerning individuals, (d) software, (e) product. plans, (f) marketing and sales information, (g) customer lists, and (h) 'know-how," or trade secrets, is confidential information ("Confidential Information*). Any reports or other documents or items (including software) that result from the use of the Confidential Information shall be treated in the same manner as the Confidential Information. Confdentiai.Information does not include information that (a) is or becomes.(other than.by disclosure by disclosing party) publicly known; (b) is rightfully furnished by the -disclosing party to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully Kreciplent party's possession without the obligation of .. nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than disclosing party without the obligation of confidentiality, (e) is disclosed with the written consent of disclosing party or; (f) is independently developed by employees, agents or subcontractor of the parties who can be shownto have had no access to the. Confidential Information 7.2 Non-Disciosure. The parties -shall hold. Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information t6third parties or use Confidential Information'for any purposes whatsoever other than: the performance of this Master Agreement, .and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. The patties shall use commercially reasonable efforts in identifying and preventing any unauthorized use or disclosure of any- Confidential'Information. Without limiting the generality of the foregoing, parties shall advise each other immediately if they learn or have reason to believe that any person who has had access to:Confldential Information has violated or intends to violate .the terms of this Master Agreement and' shall at their expense cooperate in seeking injunctive or other equitable relief againat'any such person. Except as directed in writing, theparties will not at .any time during'or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement the parties shall turn over all documents, papers, and other matter in the recipient party's possession that embody Confidential Information. Notwithstanding the foregoing, the recipient party may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement. 7.3 In unctive Relief. The parties acknowledge that breach of this Section, including disclosure of any Confidential Information, may -cause irreparable injury that is inadequately compensable in damages. Accordingly, the injured. party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition toany other legal remedies that may be available. The parties acknowledge and agree that the covenants contained herein are necessary for the protection of the legitimate business interests and are reasonable in scope and content. 7.4 Particiaatina Entity is agreeing to the above language to the extent is not in conflict with Participating Entities public disclosure laws. 8. i3E13 , The Contract Vendor certifies that neither it nor its principals are .presently debarred, suspended, proposed for debarment, declared ineligible; or voluntary excluded from participation in this transaction (Master Agreement) by any governmental department or agency. If the Contract Vendor cannot certify this statement, attach a Written explanation for review by' WSCA-NASPO. In any order againstthis Master Agreement for a requirement established by a Purchasing Entitythat discloses the use of federal funding, to the extent another form of certification is not required'by a Participating Addendum or the order of the Purchasing Entity, the Contractor's quote represents a recertification consistent with the teens of paragraph 8, Section 213, Minnesota Terms and Conditions. 9. DEF DIE . a. The occurrence of any of the following events shall be an event of default under this Master Agreement; i. Nonperformance of contractual requirements; or !i. A material breach of any term or condition of this Master Agreement; or iii. Any representation or warranty by Contract Vendor in response to the solicitation or in this Master Agreement proves to be untrue. or materially misleading; or iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contract Vendor, :or the appointment of:a receiver or similar officer for Contract Vendor or any of its property, which is not vacated or fully stayed within thirty(30) calendar days after the institution or occurrence thereof; or v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, Lead State shall issue a 4vritten notice of default, identifying the nature of the default,.and providingg-a period of 30 calendar days in which Contract Vendor shall have an opportunity to cure the default. The Lead State shall rot be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole e CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L P., Page 63 of 1207 discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contract Vendor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contract Vendor is afforded an opportunity to cure and fails to cure the default within the period specified in -the written notice of default, Contract Vendor shall be in breach of its obligations under this Master Agreement and Lead State shall. have the right to exercise any or all of the following remedies: i. Exercise any remedy provided by law; and. . ii Terminate this Master Agreement -and any related Master Agreements or portions thereof; and iii - Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contract Vendor from receiving future bid solicitations; and v.' Suspend Contract Vendor's performance; and tri. Withhold. payment until the default is remedied. d, In the event of a default under a Participating Addendum, a Participating -Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity.shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be:construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 10. DELIVERY. Unless otherwise indicated in the Master Agreement, the prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contract Vendor. Additional delivery charges will not be allowed for back orders. F g§fflAJE]J&E. Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God andlor.war which is beyond that party's. reasonable control. The WSCA-NASPO Master Agreement Administrator may terminate this Master Agreement after- determining such delay or default will reasonably prevent successful performance of the Master Agreement. 12. This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement,- The construction and effect of any Participating Addendum or order againstthe Master Agreements shall be governed: by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreements or the effect'of a Participating Addendum shall be in the Purchasing Entity's State.. 13. INDEMNIFICATION, DELETED SEE SECTION 2C17. 14. INDEM ICATIO --:INTEKLECTU OPERTY, DELETED SEE SECTION 2C17: 15. IN PEND CONTRACT VENDOR., The Contract Vendor shall be an independent Contract'Vendor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform.any acts as agent for WSCA-NASPO or the stales, except as expressly set forth herein. 16. INDIVIDUAL. C STOMER. Except to the extent modified by a Participating'Addendum, each Participating Entity shall follow the terms and conditions -of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to; any indemnity or to recover anycosts allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contract Vendor will apply the charges and invoice each Purchasing Entity individually, 17. INSU CE. Except to the extent modified by a Participating Addendum, Contract Vendor shall,. during the term of this Master Agreement, maintain in full force and effect,'the insurance described in this section. Contract Vendor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's state and having a rating of A -,-Class VII or better, in the most recently published edition of Best's Reports. f=ailureto buy and maintain the required insurance may result in this MasterAgreeme it's termination or at a Participating Entity's option, result in termination of its Participating Addendum. 10 CONTRACT NO. MNWNC•108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P, Page 64 of 1207 on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision °Purchasing.Carcr with no additional charge. 25. P LIC ORMATION,_ The Master Agreement and all related documents aremsubject to disclosure pursuant to the Participating Entity's public information taws. 26. REC RDS A lSTRATION A UDIT. The disclosure of records in=Participating States relating to Participating addenda and orders; placed against the Master Agreement shall be governed by the laws of the Participating State and entity who placed the order. Thetontractor shall maintain books, records, documents, and other evidence pertaining to:this Master Agreement and -orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees.. Contractor- shall permit the Lead State, a Participating Entity, a Purchasing Entity, -the federal government (including its grant awarding'enthies and the U.S. Comptroller General), and any other duly authorized'agent of a govemment&agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, .documents,.papers and records.directly-pertinent to this Master Agreement or orders placed by a. Purchasing Entity, under it for the purpose of making -audits, examinations, excerpts, and transcriptions. This right shall'surviive for a period of five (5) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State,. Participating Entity; or purchasing Entity for an overpayments inconsistent with the terms of the Master Agreement or orders or underpayment of fees found as a result of the examination of the Contractor's records. The rights and obligations herein right exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self -audit contract obligations and that permits the Lead State Master Agreement Administrator to review compliance with those obligations. Records will be retained longer if required by Participating Entity's law. 27. REPORT - SU RY AND DETAILED USA In addition to other reports that may be required by this solicitation, the Contract Vendor shall provide the following WSCA-NASPO reports. a. Summary Sales Data. The Contractor shall submit quarterly sales. reports directly to WSCA-NASPO using the WSCA NASPO Quarterly SaieslAdministrative Fee Reporting Tool found at y curnul/ 2t a totals b r g� BCPOIalculator,aspx. Any/all sales made under the contract shall be reported as t - Even if Contractor experienees.zero sales during a calendar quarter, a report is still required,. Reports shall be due no later than the last day of the'month following the end of the calendar quarter (as specified in the reporting tool). b. Detailed Sales Data. Contract Vendor shall also report detailed sales data by: state; entity/customer type, e.g., . local government, higher education, K12, tion -profit; Purchasing Entity name; Purchasing. Entity bill -to and ship -to locations; Purchasing: Entity and Contract Vendor Purchase Order identifier/number(s), Purchase Order Type (e.g., sales order, credit, return, upgrade, determined by industry practices); Purchase Order date; Ship Date; and line item description, including product number if used:- The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State no later than the last day of the month following the end of the reporting period. Reports shali:be delivered to the Lead State and to the WSCA NASP0 Cooperative Development Team electronically through email; CD -Rom, jump drive or other electronic matter as determined by the Lead State. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The;fnmriat for the detailed sales data report is in Section 6, Attachment H. Reportable sales for the summary sales data report and detailed sales data report includes. sales to employees for personal use where authorized by the Participating Addendum. Specific data in relation to sales to employees for personal use to be defined in the final contract award to ensure only public information is reported. d. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO 12 CONTRACT No. MiWirNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETINO L. P. Page 66 of 1207 or creating the deliverables, other -than portions that spedifically incorporate proprietary or Confidential Information or data of Ordering Entity (collectively, the `Residual IP"), even if embedded in the deliverable. 31. WAIVER OF FiEAC . , Failure of Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing. Waiver by the Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall not be construed -or operate -as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, a Participating Addendum, or order. 32. WARRA TY: The warranty provided:must be:the manufacturers written warranty tied to the product at the time of purchase and must include the following:: (a) the Product performs according to the specifications (b) the Product is suitable for the ordinary purposes for which such Product is used, (c) the Product is designed and manufactured in a commercially reasonable manner,' and (d) the Product is free of defects. For third party products sold.by the Contract Vendor, the Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. Upon breach of the warranty, the Contract Vendor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonc6nformance is discovered and made known to the Contract Vendor. If the repaired and/or replaced Product proves to be inadequate, or fails of:its essential purpose,.the. Contract -Vendor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this Warranty are in addition to any other rights and remedies of the parties provided by law or so ordered -by the court; 33. LIMITATION F.LIA_ ITY. NEGOTIATED. A. CONTRACT VENDOR WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, SOFTWARE OR SERVICES- PROVIDED HEREUNDER. EXCEPT FOR YOUR BREACH OF PAYMENT OBLIGATIONS OR CONFIDENTIALITY REQUIREMENTS, NEITHER PARTY SHALL HAVE LIABILITY FOR THE FOLLOWING: (1) LOSS OF REVENUE, INCOME, PROFIT OR SAVINGS; (2) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF A SYSTEM OR NETWORK OR THE RECOVERY OF SUCH; (3) LOSS OF BUSINESS OPPORTUNITY; (4) BUSINESS INTERRUPTION OR DOWNTIME; OR (6) DELIVERABLES, DELL PRODUCTS OR THIRD -PARTY PRODUCTS. NOT BEING AVAILABLE FOR USE. B. CONTRACT VENDOR'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF QR IN CONNECTION WITH THIS AGREEMENT AND ALL PARTICIPATING ADDENDA SOURCED FROM THIS MASTER AGREEMENT (INCLUDING ANY PRODUCTS, SOFTWARE, OR SERVICES PROVIDED HEREUNDER) SHALL NOT EXCEED THE AGGREGATE AMOUNT OF TEN MILLION DOLLARS ($10,000,000). C. THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE. THE PARTIES AGREE THAT THESE LIMITATION OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR CONTRACT VENDOR'S SALE OF PRODUCTS, SOFTWARE OR SERVICES TO ORDERING ENTITY, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE.OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. 34. SERyLCEA EEMENTS. NEGOT ATED. Contract Vendor may provide Services, Software or Deliverables to you in accordance with one or more "Service Agreements.' Service Agreements are service contractp, including "Service Descriptions" available at.wvvw.dell.com/§@Ddn ��. "Statements of Work," and any other such mutually agreed upon documents. Each Service Agreement will be interpreted as a single agreement, independent of any other Service Agreement, so that all of the provisions are given as full effect as possible. Any and all licensing, maintenance, or order specific agreements referenced within the terms and conditions of this Master agreement are agreed to only to the extent that the terms do not conflict with the terms of the Participating Addendum or the Master Agreement, and to the extent the terms are not in conflict with the Participating Entities' applicable laws. In the event of conflict the terms and conditions, the Participating Addendum, and then the Master Agreement shall take precedence, as detailed in the Order of Precedence defined herein. Notwithstanding the 14 CONTRACT NO. MNWNC•108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 68 of 1207 program code, in object (binary) or source -code form as well as the related documentation provided- by Contract Vendor to Purchasi ' ng Entity) is subject to the separate.license agreements accompanying the Software, along with any product guides ,'operating manuals, or other documentation included with the software media packaging or presented -to Purchasing Entity.dudng the installation: or use of the Software. Purchasing Entity agreer, that it,will be bound by such license agreement. ------------ 0*nI 36. EXPORT COMPLIANCE.: NEGOIIAT1912. Contract Vendor, Lead State and Purchasing Entities acknowledge thati products (includ ' ing software) sold or licensed underthis Master Agreement are subjectto the export control laws a regulations of the U ' nite ' d States and 6ther countn"es from vkch they wiive supplied and in w hich they are used and Purchasing Entity agrees to abide by those laws and regulations. Purchasing Entity warrants that any software provided by ft and used as a part of the services supplied by Contract Vendor under this Master Agreement containi no encryption or to the extent that it contains encryption such software is approved for export under the relevant la or regu Wions. A[ 14. ................. ..... 4=1 4 Will NIW" INNOW '1010 WWW Is C014TRACT NO. MNWNC-108 MASTER AGREEMENT AWARD'dOMPUTER �CIUI PMENT DEU_ MARKErING L, R Page 69 of 1207 MASTER AGREEMENT TERMS AND CONDITIONS C. MINNESOTA TERMS AND CONDITIONS 1. ACCEPTANCE OF PROPOSAL CONTENT. The contents of this. RFP and selected portions of response of the successful Proposer will beoome contractual obligations, along with the final Master Agreement, if acquisition action ensues. The Lead State is solely responsible for rendering the decision in matters of interpretation of all terms and conditions. 2. ACCESSIBILITY STANDARDS. The State of Minnesota -has developed IT Accessibility Standards effective September 1, 2010, which entails, impart, the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A=D which can be viewed at ht�llwww.mrd.aminste.mn.usldflaccessibilii rd. °off f .. 1! be cored based its com2 ianceT form included in jiy FORMS section the RFP. The completed VPAT rm wrll G VP' Res oncomplete h the Acces ili Standards. The requested WCAG VPAT applies to the responder's website to be offered under the Contract. For products offered, VPATS are only to be provided upon request by the participating entity. Upon request by the participating entity, the responder must make best efforts to provide Voluntary Product Accessibility Templates (VPATS) for all products offered in its response. Click here for link to'VPATS for both Section 508 VPAT and WCAG 2.0:VPAT L!fleS a_ - andards/access)bilit ffl. 3. ADMINISTRATIVE PERSONNEL CHANGES. The Contract Vendor must notify the Contract Administratorof changes in the Contract Vendor's key administrative personnel, in- advance and in writing. Any employee of the Contract Vendor who' in the opinion of the State of Minnesota, is. unacceptable, shall be removed from the -project upon written notice to the Contract Vendor. In the event that an employee is removed pursuant to a written request from the Acquisition Management Specialist, the Contract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee. 4. AMENDMENT(S). Master Agreement amendments shall be negotiated by the Lead State with the Contract Vendor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work. An approved Master Agreement amendment means one approved by the authorized signatories of the Contract Vendor and the Lead State as required bylaw. 6. AMERICANS WITH DISABILITIES ACT (ADA). DELETED. S. AWARD OF RELATED CONTRACTS. In the event the Lead State undertakes or awards supplemental Contracts for work related to the Master Agreement or any, portion thereof, the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases. All. Master Agreements between subcontractors and the Contract Vendor shall include a. provision requiring compliance with this section. 7. AWARD:OF SUCCESSOR CONTRACTS. In the event the Stafe undertakes or awards a successor for work related to the Contract or any portion thereof, the current Contract Vendor shall cooperate fully during the transition with all other,Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION a. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions. Instructions for certification:: 1. By signing and submitting this proposal, the prospective lower tier participant [responder] is providing the certification set but below. 2. The certification in. this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If fi is later determined that.the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or:agency with which this transaction originated may pursue available remedies, including suspension andlor debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal [response] is submitted if at anytime the prospective lower tier participant leams that its certification 1$ CONTRACT No. MNWNC-106 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L P,.. Page 70 of 1207 4. The terms covered transaction, debarred, suspended, ineligible lower tier covered transaction, participant, person,: primary covered transaction, principal, proposal, an6voluntarily.excluded, as used in:this clause, have the meaning setout in the Definitions and Coverages, section of rules implementing, Executive Order 12549. You may contact the person to which thi's proposal.is s.ubmitted for assistance in obtaining a copy of those regulations. 6. the prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not -knowingly enter into any lower tiercovered transaction [subcontract equal to or exceeding $25,000] with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared inelighle, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency.with which this transaction originated. 6. The prospective lower tier participant further agrees by sUbmftting this. proposal'that it wi 1 11 include this clauv- biled, �Certii ' fication Regarding Debarment, Suspension, Ineligibility,. and Volunt ' ary Exclusion - Lower Tier Covered.Transaction,' without modification, in all lower tier covered transactions and in Al solicitations for lower tier covered transactions. 7. A participant in a covered tri.pinsaction may rely upon a certification of a prospective participant in a lower tier covered transa ' ction that it is not proposed for debarment under 48 CFR�part 9, subpart 9.4, debarred, suspended,: ineligiblej or voluntarily excludedfrom covered transactions, unless ft knows that the ceffificatior is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from federal procurement:and norprocurementprograms.' 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good fafth the Certification required by this clause. The knowledge and infon-nation of a participant is not required taexceed thatwhich is normally possessed by a prudent person in -the ordinary cour-se of. business dealings. 9. Except for transactions authorized Under paragraph 5 of these instructions, if a participant in a covered transaction knowingly onters into a lower tier covered transaction wlth a person who is proposed for: debarment u n der 48r ' CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal gov6rnment, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b, Certification Regarding Debarment, Suspension, -Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions. 1. The prospective lower tier p ' a ' r i ticipant certifies, by submission of th is proposal, that neither it nor its p rincipals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntari[yexcluded from participation in this transaction: by any Federal department or -agency. 2. Where- the prospective lower tier participant is unable to certify to any of the statements in this'certification, such prospective participant shall attach an explanation to this proposal. 9. CHANGE REQUEST& The Lead State roserves the'right to request, during the term of the Master Agreement, changes to the products offered. Products: -introduced -during the term of the Master Agreement shall go through a formal review process. A formal process of changing the Master Agreement shall be developed during the negotiation of the Master Agreement. The Contract Vendor shall evaluate and recommend products for which agencies have an ,expressed need, The Lead State shall require the Contract Vendor to provide a summary of its research of those products being recommended for inclusion in the Master Agreement A& Well as defining how adding the product will enhance the Master Agreement. The Lead State may request that products, other than those recommended, are added to the Master Ag reemeni.. In the event that the Lead State:desires to " add new products and services that are not, included in'the original Master Agreement, the. Lead State requires that independent manufacturers and resellers cooperate wfth the already established Contract Vendor in order to meet the Lead State's requirements. Evidence of the need to add products or services should be demonstrated to the Lead State. The Master Agreement shall be modified via supplement or 17 CONTRACT NO. MNWNC,10B MASTER AGREEJ�ENT AWARD COMPUTER-EQUIPM.ENT DELL MARKETING L, P. Page 71 of 1207 i amendment. The Lead State will no the inclusion of the products and services with the Contract Vendor. No ; products or services will .be added to the Master Agreement without the Lead State's prior. approval. 10. CONFLICT MINERALS. Contract Vendor must provide information to the public on its website regarding the use of conflict minerals, as. required by Section 13(p) of the Securities Exchange Act of 1534, as amended, and the rules promulgated thereunder. See: htt �1www.se vlrules/finaV2012134-67718df 11. COPYRIGHTED MATERIAL WAIVER. The -Lead State reserves the right to use, reproduce and. publish proposals in. any manner necessary for State agencies and local units of government to access the responses and/or to respond to request for information pursuant to Minnesota Government Data Practices Act, including but not limited to emailing, photocopying, State Intraneitinternet postings, broadcast faxing, and direct mailing. In the event that the response contains copyrighted or trademarked rnaterials,:it is the responder's responsibility.to obtain permissionfor the Lead State to reproduce and publish the information, regardless of whether the responder is the manufacturer or reseller of the products listed in the materials. By signing its response, the responder certifies that it has obtained all necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, save and.hold the Lead State, its representatives and. employees harmless from any and all claims arising from the violation of this section and .agrees to pay all legal fees incurred by the Lead State in the defense of any such action. 12. EFFECTIVE DATE. Pursuant to Minnesota law, the Master Agreement arising from this RFP shall be effective upon the date of final -execution by the Lead State, unless a later date is specked in the Master Agreement., 13. FOREIGN OUTSOURCING OF WORK. Upon request, the Contract Vendor is required to provide information regarding the location of where services, data storage and/or location of data processing under the Master Agreement will be performed. 14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota Government Data Practices -Act, Minn. -Stat. Ch. 13, (and where applicable, if the Lead State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. as the same may be: amendedifrom time to time) as Reapplies to all data provided by the Lead State to the Contract Vendor and all data provided.to the Lead State. by the Contract Vendor. In addition, the Minnesota Government Data Practices Act applies to all data created, collected, received, stored; used, maintained, or disseminated by the Contract Vendor in accordance with the Master Agreement that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). In the event the Contract Vendor receives a request to release the data referred to in this article, the Contract Vendor must immediately notify the.Lead State.. The Lead State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the Lead State. The Contract Vendor. agrees to indemnify, save, and hold the State. of Minnesota, its agent and employees, harmless from all claims arising 'out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Master Agreement. In'the event that the Contract Vendor subcontracts any or all of the work to be performed under the Master Agreement, the Contract Vendor shall retain responsibility under the terms of this article for such work. 15. HAZARDOUS SUBSTANCES. To the extent that the goods to ber supplied by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents asset forth in applicable State and'federal laws and regulations, the Contract Vendor must provide Material Safety Data Sheets regarding those substances. A copy must be included with each delivery. 16. HUMAN RIGHTSIAFFIRMATIVE ACTION. The Lead State requires affirmative action compliance by its Contract Vendors in accordance with. Minn. Stat. § 363A:36 and Minn. R. 5000.3400 to 5000.3600. a. Covered contracts. and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of $100,000 requires completion of the Affirmative Action Certification page. If -the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds $100,000 whether it will be a multiple award contract or not, you must complete the Affirmative. Action Certification page. If the contract dollar amount or the -State estimated total contract amount exceeds $100,000 and.the Contract Vendor employed more than 7s CONTRACT HO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L P. Page 72 of 1207 f. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36,. subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification:or any modification of it. A copy of Minn. Stat. § 363A.36 and Minn. R. 5000:3400 to 5000.3600 are available upon request from the contracting agency, 17. INDEMNIFICATION.. NDEMNIFICATION. NEGOTIATED. The Contract Vendor shall indemnify; protect, save and hold harmless the Lead State and the Participating Entity, its representatives and employees, from any and all third party claims or causes of action for personal bodily injury, including death, and damage to tangible personal property, including all legal fees incurred by the Lead State and the Participating Entity arising from the negligence in the performance of the Master Agreement by the Contract Vendor or ifs agents, employees, or subcontractors. This clause shall not be construed .to barany legal remedies the Contract Vendor may:have with the Lead State's and Participating Entity's failure to fulfill its obligations pursuant to the Master Agreement. If the Participating Entity's laws. require approval of a third party to defend Participating Entity, Participating Entity Will seek such. approval and if approval is not received, Contract Vendor is not required to defend that Participating Entity. 18. INTELLECTUAL PROPERTY INDEMNIFICATION. NEGOTIATED In the event of any such claim by any third party against the Participating Entity that Products, Software, Services or Deliverables (excluding Third -Party Products and open source software) prepared or produced by Dell and delivered pursuant to this Agreement infringe or misappropriate that third party's U.S. patent, copyright, trade secret, or other intellectual property rights ('Indemnified Claims ), 'the Participating Entity shall promptly notify the Contract Vendor. The Contract Vendor, at its own expense, shall indemnify; defend to the extent permitted by the Participating Entity's laws, and hold harmless the Participating Entity against any loss, cost, expense, or liability (including legal fees) arising out of such a claim, whether or not such claim is successful against the Participating Entity. If Contract Vendor receives prompt notice such a.claim thatin the Contrac 'Vendor's opinion is likely to result in an adverse ruling, the Contract Vendor shall at its option (1) obtain a right for the Participating Entity to continue using such Products, Deliverables or Software or allow Contract Vendor to continue performing the Services; (2) modify such Products, Software, Services or Deliverables to make them non -infringing; (3) replace such Products, Software, Services or.Deliverables with a non -infringing equivalent; or (4) refund any.pre-paid fee$. for the allegedly infringing Services that have not been performed or provide a reasonable depreciated or pro rata refund for the allegedly infringing .Product, Deliverables or Software. Notwithstanding the foregoing, Contract Vendor shall have no obligation under this Section for any claim -resulting or arising from (1) modifications of the Products, Software, Services Deliverables that were not performed by or on behalf of Contract Vendor;: (2) the combination, operation, or use of the Products: Software, Services or Deliverables in connect 'ion with a third -party product, software or service (the combination of which causes the claimed infringement); or (3) Contract Vendoes compliance With Participating Entity's written specifications or directions, including the incorporation of any software or -other materials or processes provided by or requested by Participating Entity. Contract Vendor's duty to indemnify and defend under this Section is contingent upon: (x) Contract Vendor receiving prompt written notice of the third -party claim or action for which Contract Vendor must indemnify Participating Entity, (y) Contract Vendor having the right to solely control.the defense and resolution of such claim or action, and (x) Participating Entity's cooperation with Contract Vendor in defending and resolving such claim or action. This Section states Participating Entity's exclusive remedies for any third -party intellectual property claim or action, and'nothing in this Agreement or elsewhere will: obligate Contract Vendor to provide any. greater indemnity to Participating Entity. 19: JURISDICTION AND VENUE: This RFP and any ensuing Master Agreement, its amendments and supplements thereto, shall be governed by the laws of the State of Minnesota, USA. Venue for all legal proceedings arising out of the Master Agreement, or breach thereof, shall be in the State or federal'court with competent jurisdiction. in Ramsey County, Minnesota. By submitting a response to this Request for Proposal, a Responder voluntarily agrees to be subject to the -jurisdiction of Minnesota for all proceedings arising out of this RFP, any ensuing Master Agreement, or any breach thereof. 20. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished must comply fully with all local, State'and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretaryof State. 21. NONVISUAL ACCESS STANDARDS. Pursuant to Minn:'Stat. § 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards; 20 CONTRACT No. MNWNC-106 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING I- P. a a Page 74 of 1207 review of Contract Vendor's operations, systems;' records, procedures, rules, and practices in the event of a security intrusion in order to validate compliance with PCI DSS. 26. PERFORMANCE WHILEVSPUTE IS PENDING. Notwithstanding the existence of a dispute, the parties shall continue.without delay to carry out all of their responsibilities under the Master Agreement that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under the Master Agreement, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible: party. 26. PREFERENCE. Targeted/Economlcally,Disadvantaged.ln accordance with Minn. Stat.: § 16C.16, subds. 6 and 7, eligible certified targeted group (TG) businesses and certified economically.disadvantaged (ED) businesses will receive a 6 percent preference on the basis of award for this RFP. The preference is applied onlyto the first -$500,000 of the response to the RFP: Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time, To verify TG/ED certification, refer to the. Materials Management Division's web site. at www., and drains e. under "Vendor Information, Directory of Certified TGIED Vendors To verify TG eligibility for preference; refer to the Materials Management Division's web site under "Vendor Information, Targeted Groups Eligible for Preference in State Purchasing' or call the Division's HelpLine at 651.296.2600. Reciprocal Preference. In accordance with Minn. Stat. §16C.06, subd 7; the acquisition of goods or services shall be allowed a preference over a non-resident vendor from'a state that gives or requires a preference to vendors from that state, the preference shall be equal to the preference given or required by the state of the non-resident vendor. If you wish to be considered'a Minnesota Resident vendor you must claim that by'filling out the Resident'Vendor Form included in this solicitation and include it in your response. Veteran. In accordance with Minn. Stat. § 16C.16, subd..6a, (a) Except when mandated by the federal government as a condition of receiving federal funds, the commissioner shall award up to a six percent preference in the amount :bid on state procurement -to certified small businesses that are majority-owned and operated by: (1) recently separated veterans who have served in active military service, at anytime on or after September 11, 2001, and who have been dischargedunder honorable conditions from active service, as indicated by the person's United States Department of Defense foram DD -214 or by the -commissioner of veterans affairs; (2), vateirans with service -connected disabilities, as determined at any by the United.States Department of Veterans Affairs; or (3) any other veteran -owned small businesses certified under section 16C.19, paragraph (d). In accordance with Minn. Stat. § 16C.19.(d), a veteran -owned small business, the. principal place of business of which is in Minnesota, is certified If it has been verified by the United States Department of Veterans Affairs as being either a veteran -owned small business or aservice disabled veteran-owned:small business, in accordance with .Public Law 109461 and Code of. Federal Regulations, title 38, part 74. To receive a preference the veteran -owned small business must meet the statutory requirements above by the solicitation opening date and time. The preference is -applied only to the first $500,000 of the response. If responder is claiming the veteran -owned preference, attach documentation, sign and return form -with response to the solicitation. 'Onlyrellgible veteran -owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference. 27. PUBLIC INFORMATION. Once the information contained in the responses is deemed public information, interested parties may request to obtain the -public information. You may call 651,201:2413 between the hours of 8:00 a.m. to 4:30 p.m, to arrange this. 28. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including but not limited to notices, informational pamphlets, :press releases, research, reports, signs and similar public notices prepared by or for the Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released,, unless such release is a specific part of an approved work plan included in the Master Agreement prior to its approval by the State's Authorized Representative and the State's Assistant Director or designee of Materials Management Division. The Contract Vendor shall make no representations of the State's opinion or position as to the.quality or effectiveness of the products and/or services that are. the subject of the Master Agreement without the prlor,written consent of the 22 CONTRACT Na. mNwNc-9 Da MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P, Page 76 of 1207 State's Assistant Director or designee -of Materials Management Division. Representations include any publicity, including but not .limited to advertisements, notices, press releases, reports, signs,and similar public notices. 29. PURCHASE ORDERS. NEGOTIATED.'The State requires that there will be no minimum order requirements or charges to process an individual purchase order. The Master Agreement number and the PO number must appear on all documents (e.g., invoices, packing slips, etc.). The Ordering Entity's purchase order constitutes a binding contract. Unless otherwise expressly agreed between a Purchasing Entity and the Contract Vendor, any preprinted -terms on the Purchasing Entity's purchase:order shall be given no force or -effect and no terms of a purchase order that conflict with this Master Agreement or the Participating Addendum shall be binding on Contract Vendor_ 30. RIGHTS RESERVED. Notwithstanding anythingto the contrary, the State reserves the right to: a. ; reject any -and all responses received; b. select, for Master Agreements or for negotiations, a response other than that with the lowest cost, c. waive or modify any informalitles, irregularities, or inconsistencies in the responses received; d. negotiate any, aspect of the proposal with any responder and negotiate with more.than one responder; e. request a BEST and FINAL OFFER, if the State deems it necessary and desirable; and f. terminate negotiations and select. the next response providing the.best value for the State, prepare and release a new RFP; or take such other action as the State deems appropriate if negotiations fail 10 resuft in a successful Master Agreement. 31. RISK OF LOSS OR DAMAGE. The'State is relieved of all risks of loss or damage to the goods and/or equipment during periods of transportation, and installation by the Contract Vendor and in the possession of the Contract Vendor or their authorized agent. 32: SEVERABILITY. If any provision of the Master Agreement, including items incorporated by reference, is found to be illegal, unenforceable, orwoid, then.both the State and the Contract Vendor shall be relieved of all obligations arising undersuch provisions. If the remainder of the Master Agreement is capable of performance it shall not be affected by such declaration or finding and shall be fully performed. 33. STATE AUDITS (Minn. Stat. § 16C.05, subd. 5). The books, records, documents, and accounting procedures and practices of the Contract Vendor or other party, that are relevant to the Master Agreement or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of sic years after the end of the Master Agreement or transaction. The State reserves the right to authorize delegate(s) to audit this Master Agreement and transactions. 34. SURVIVABILITY. The following rights and duties of the State and responder will survive the expiration or cancellation of the resulting Master Agreements. These rights and'duties include, but are not limited to paragraphs: Indemnification, Hold Harmless and Limitation of Liability, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Publicity, Intellectual Property Indemnification, and Admin Fees. 35. TRADE $ECRETICONFIDENTIAL INFORMATION. Any information submitted as Trade Secret must be identified and submitted per the Trade Secret Form and must meet Minnesota Trade Secret as defined in Minn. Stat. § 13.37 23 CONTRACT NO. MNWNC-908 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT CELL MARKETING L. P. Page 77 of 1207 COMPUTER EQUIPMENT 2014-2019 W MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBITB - PRICING 1. BANDS) AWARDED: Band 1: Desktop - Band 2: Laptop Band 3: Tablet Band 4: Server Band 5: Storage. 2. PRICE STRUCTURE. The contract employs a MINIMUM discount -off baseline price list structure with category exceptions for each band. The category discounts may be higher or lower than the than the band discount. The minimum discount and categorized exceptions will be applied to all '.quantity one procurements. An end user will be able, to verify pricing using the named base line:price list and the minimum discounts with the categorized exceptions provided in the Master Agreement. 3. PRICE GUARANTEE. These discounts must-remaln.frrm, or the discount may be increased, during the term of the Master Agreement. 4. BASELINE PRICE LIST. The Base'Line Price is designated in the Pricing Discount Schedule. The Base Line Price List must be accessible and verifiable by potential end users preferably on the Contract Vendor Website. All historic versions of the Baseline Price List must be made available.upon request pursuant to the audit provisions. 5. PRODUCT AND SERVICE SCHEDULE (P$.S). The Product and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the Contract Catalog, The PSS will be submltted to.the Lead State following contract award.and must be approved by the Lead State prior to the start of any sales. The PSS must be available. on the Contract Vendor website for end users to verify pricing based on the minimum.discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. 6. CHANGES TO THE PSS. Contract Vendor -will request changes to the PSS utilizing an Action Request Form (ARF) submittals will be reviewed by the Lead State quarterly, Obsolete and discontinued products will be removed. 7.: BULKIVOLUME PRICING. Further bulk/quantity savings may be obtained'when additional quantities are requested. Additional savings are expected when competing awarded vendors for valume.pricing. t3. PROMOTIONAL OFFERS. Contract Vendors may provide promotions for deeply discounted products based on their inventory and sales. The Contract Vendors will be responsible to market these offers. 9. PREMIUM SAVINGS PACKAGE PROGRAM. Contract Vendors participating in the Premium Savings Package (PSP) Program will commit to the standard configurations. The standards currently are refreshed every six -months (May and: November). Refresh. schedule is subject to change. See current. configurations http,llwww.wnr)so.comlindex.htrni. States and other Participating Entities can choose to purchase these packages withoufany signing additional documents. 10. TRADE-IN. Trade -In Programs are the option of the Participating Entity. The Participating; Addendum by each State may address the allowance of Trade -Ins. 11. SERVICES. Services are at the option of the Participating Entity. The Participating Addendum by each State may address service agreement terms and related travel. 24 CONTRACT NO. MNWKC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L R Page 78 of 1207 12. LEASING. The Discount schedule will indicate if the Contract Vendor. provides -leasing, Participating -Entities may enter in to lease agreements if they have the legal authority.to enter into these types of agreements. The Participating Addendum by each State will identify'if and how1basing agreement terms will be conducted. 13. FREIGHT: All prices shall be FOB Destination, prepaid and allowed (with freight included in the price), to the address, receiving dock or warehouse as specified on the ordering agency's purchase order, In those situations in which the "deliver -to" address has no receiving dock or agents,.the Contract Vendor must be able to deliver to the person specified on the PO without additional cost.. If there is a special.cese where inside delivery fee must be charged, the Contract Vendor will notify the customer in advance in order for the customer to determine. if -the additional cost will affect the decision to utilize the Contract Vendor.. 14. DELIVERY. Delivery of ordered product -should be completed within thirty (30) calendar days after receipt of an order, unless otherwise agreed to by the ordering agency. 25 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P Page 79 of 1207 COMPUTER EQUIPMENT 2014-2019 Ml'-NNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B. PRICING. SCHEDULE 26 CONTRACT NO. MNWNC-106 MASTER AGREwENT AWARD COmPUTEi EQUIPMENT DELL MARKETING L. P. Page 80 of 1207 1 COMPUTER EQUIPMENT *. 20'14-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT C - PRODUCT AND SERVICE SCHEDULE (PSS) 1. MAINTAINING THE PSS. The Product and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the WSCA-NASPO Contract Catalog. The PSS will be submitted to -the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will workr with each. State to develop a satisfactory PSS reflecting the individual States restrictions. The Contract Vendor will work to develop a PSS satisfactory to the Lead State prior to the start of sales and containing the following information: a. Band number b. Part # - SKU # c. Manufacturer d. Description . . e. Minimum Discount f. Category Code (This code will be refined during the approval process) g: Other fields approved by the Lead State 2. CHANGES TO THE PSS: Contract Vendor will request changes to the PS5 utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will.be removed. 3. FORMAT: The format for the final product and service schedule will be approved within 30 days of contract award. Suggested format is provided below: 4. MANUFACTURER NAME .......... - DATE: BASELINE PRICE UST: LINK: THIRD PARTY PRODUCTS: A list of third party products is to be submitted to the Lead State. Approval must be received from the Lead State prior to adding third party products to the Product and Service Schedule. Master Agreement restrictions of third party products include: a. Contract Vendors can only offer Third Party Products in the bands they have been awarded. b. Contract'Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master.Agreement unless approved by the Lead State. c. The Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. d. Any additions to the Third Party Product list must be submitted utilizing the Action Request Form. e. The approved Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved. 27 CONTRACT NO. MNWNC-908 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L- P. Page 81 of 12U/ COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT D - WEBSITE 1. IMPLEMENTATION. Within 30 calendar days of Master Agreement. award, the Contract Vendor must provide a sample URL of the Master Agreement webpage to the Lead. State for review and approval. The Lead State will review and determine acceptability of the website format and data. If the information is determined to be unacceptable or incorrect, the Contract Vendor will have 15 calendar days to ,provide revisions to the Lead State. Once the website is approved, the Contract Vendor may not make material changes to -the website without notifying the Lead State and receiving written approval of the changes utilizing the Action Request Form. The Contract Vendor must continue to monitor and update the website throughout the life of the contract. Periodic audits may be conducted to ensure websites are updated and Contract Vendors will be expected to correct deficiencies. 2. WEBSITE CONTENT. The website must be separate from the Contract Vendor's commercially available (i.e., public) on-line catalog and ordering systems. Contract Vendor agrees to pursue design of a website to include the items listed below. The Lead State will review and determine acceptability of the website format and data as stated in Item 1 above. a. Baseline Price List and historic versions b. Approved Product and Service Schedule (PSS) c. Product specifications, pricing, and configuration -aids for the major product categories proposed that can be used to obtain an on-line quote d. Third Party Product list.will be clearly posted on the Vendor provided website and updated as products are approved . e. Link to the:WSCA-NASPO EmarketCenter f. Online ordering capability with the ability to remember multiple ship to locations if applicable to product g. Contact information for order placement, service concerns (warranty and maintenance), problem reporting, and billing concerns h. Sales representatives for participating. entities is Purchase order tracking j. Available Twenty-four (24) hours per day, seven (7) days per week availability, except for regularly scheduled maintenance k. Additional'Terms may. not be posted on the Website without written approval of the Lead State I. Link to the WSCA-NASPO EmarketCenter if a State is participating - m. Information on accessibility and accessible products n. If participating in Premium Savings Package Program, lead.Wdh these products and display prominently on the website o. Links to environmental certification, including but not limited to take-back/recycling programs, p. Information regarding the use of Conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: bt?:MM.sec.gov/rui@§MnPVZO1 2134-67716y� f q. Service options, service agreements for negotiations when allowed by a participating addendum r. EPEAT, Energy Star,'etc. s. Link to Signed Participating Addendums t. Link to Signed Master Agreement u. Link to solicitation and Response 3. TERMINATION Upon termination or expiration of the Master Agreement awarded from this RFP all websites, on-line offering systems and Electronic Catalog functions supported and/or available as part of the Master Agreement will cease and be removed from public viewing access without redirecting to another website. 28 CONTRACT No. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L P. Page 82 of 1207 i COMPUTER EQUIPMENT 2014-2019 Ll MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E - ACTION REQUEST'UPDATE FORM (ARF) The Action Request Form (ARF) provided In this document must be utilized by the Contract Vendor to provide quarterly updates. of PSS and to make requests..The Action Request Forms may be reviewed quarterly by the Lead State. DATE: ATTN: WSCA-NASPO MasterAgreement Administrator RE: Master Agreement # with �(Contraci Vendor) Dear WSCA-NASPO Master Agreement Administrator: (Contract Vendor) is providing the following update and/or requesting the action noted below, Action Requested: Action Log: Verify Log is attached SELECT ACTION BELOW AND PROVIDE REQUIRED INFORMATION: _Update of Product & Service Schedule Provide summary of additions, deletions and pricing changes, NOTE: THIS WILL BE A NOTIFICATION OF CHANGES TO THE PSS, APPROVAL WILL NOT BE NEEDED _Quarterly.Self Audit Check this box to verify the Quarterly Seif Audit has been completed _Third Party Product Addition —Marketing Approval Material Website Change Miscellaneous Inquiry Provide warranty Guarantee Attach Materials for review Describe and provide link fdr review Provide detail (e.g. key contact change, etc.) The Contract Vendor certifies Products and Services provided meet the terms and conditions of the Master Agreement and understands they may be audited for -compliance. Additional information may be requested upon submission. The Lead State may remove previously approved items throughout the life of the Master Agreement if in the best interest at its sole discretion. Contract Vendor: 29 CONTRACT NO. MNWNC-106 Name of Requester: Title of Requester: MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 83 of 1207 COMPUTER EQUIP TENT 20'14-2019 iNNESOTA WSCA-NASPO MASTER. AGREEMENT AWARD -EXHIBIT E - ACTION REQUEST FORM (ARF) ACTION REQUEST FORM LOG Submit updated Action Log With each.update. Log must.provide history of previous update. CONTRACT VENDOR: Contact Name and Email (fog questions): _ DATE:,, 30 CONTRACT NO. MNWNC-108 MIASTERAGPEEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L P. Page 84 of 1207 COMPUTER EQUIPMENT 2014-20'19 per MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT F - REPORTING 1. OWNERSHIP: Recipient of the reports shall have exclusive owriership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive; royalty.free, transferable' right to display; mortify, copy, and otherwise use reports, data and information provided. 2, DUE DATE: Reports shall be due no later than the last day of the month.following the end of the calendar quarter. Y--,-,7.,.� Q1 JanuarjL March 31' A 4.30 Q2 "ril 1� June 30 July 31 Q3July 1 5e tembq. 30 m October 31 October 1 December 31 Januaa 31 _,f" 3. REQUIRED REPORTS: Re CA-NASPO Administrative Fee WSCA-� Identify 1 tIVS�® ... �I �. .�' entif total sale _ ..." r' ose & Submittal " A— _ s and administrative fee due to WSCA- _ y NASPO NASPO 1) Go to: hfto://www.naspo-or-gMNCPO/Calculator aspx 2) Complete all contract report information fields 3) Enter total sales per State or Selecf "no sales for quarter" checkbox 4) Click on Submit button 2 WSCA-NASPO Detailed Sales WSCA- Detailed sales data by line item. Currently via an Excel Report NASPO template. Future MAY involve a portal. No modifications may -be made by: the Contract Vendor to the template. This report may also:fulfill the reporting requirements.of self audits, premium 'savings_sales, and Bring Your Own Device Employee Sales. ........,.... — ---- 3 Participating States Participating Contract Vendor may utilize the detailed sales report to report State to individual States unless otherwise directed by the State. States may require additional reporting. 4 Partici � atin 'Xddendum Status —SCA- Provides statue", -o --Ad "� p g "� us of Participating Addendums, Excel Template NASPO to be provided by WSCA-NASPO. 5 Premium Saving Package {PSP) PSP Lead Additional �,,,. ____ _ s � �� onal reporting may be requested. 6 Quarterly Updates PSS and Self Lead State Utilize.the (ARF) ""of � . he Action RequesfForm Audit 81 CONTRACT NO. MNWNC-108 !WASTER AGREEMENT AWARD COMPUTER tQUIPMENT DELL MARKETING L. P. Page 85 of 1207 COMPUTER EQUIPMENT .... 2014-2019 MINNESOTA ►IIIfSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT G - DEFINITIONS Acceptance. See Master Agreement Terms regarding Acceptance and Acceptance Testing. . Accessory. Accessories do not extend the functionality ofthe computer, but enhances the user experience i.e., mouse pad, monitor stand. For the purposes of this proposal, accessories are considered peripherals, Bands: For the purpose of this.solicitation, there are six product bands which may be awarded. Each product band includes related peripherals and services. Responders must only respond to Bands in which they manufacture the defined product. Responder may receive an award in one or: more bands for which they manufacture a product based on the, evaluation. BAND 1: DESKTOP. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 2) display monitor and 3) input devices usually a keyboard and a mouse. All operating systems for tablets are allowed. Zero Clients, Thin clients, all in ones and workstations will also be included under desktops.. Ruggedized equipment may also be included in the Product and Service schedule for this band. BAND 2: LAPTOP. A laptop computer is'a personal computer for mobile use."A laptop includes a display, keyboard, point device such as. a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. All operating systems for tablets are allowed. Laptops will include notebooks, ultrabook, mobile thin clients, chromebooks and netbooks. Computers with mobile operating systems will also be included'under laptops. Tablets that have the option to be utilized with.a keyboard can be sold in this band. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 3: TABLET. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. All operating systems for tablets are allowed. Ruggedized equipment may also be included as a category in the Product and Service Schedule for this band. BAND -4: SERVER. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 5: STORAGE. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band: -FRay . BAND 6, REMOVED. RUGGEDIZED EQUIPMENT MAY BE SOLD IN BANDS 1-5, PROVIDED IT MEETS BAND REQUIREMENTS. Cloud Services. Delivery of computing as a service rather than a product, whereby shared resources, software and information are provided to computers and other devices:as a utility over a network, such as the Intemet. (Cloud Services: including acquisitions structured as managed on-site services are not allowed.) Contract Vendor or Contractor. The manufacturer responsible for delivering products or performing services under the terms and conditions set forth in the Master Agreement. The Contract Vendor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. For the purposes of this RFP, the term Partner will be utilized in naming the relationship a manufacturer has with another company to market and sell the contract. Participating States will have final determination/approval if a Partner may be approved for that state in the role identified by the Contract Vendor. Components. Parts that make up a computer configuration. Configuration. The.combination of hardware and software components that make up the total functioning system. Desktop. This is Band 1 of this solicitation. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 32 CONTRACT No. MMMC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 86 of 1207 2) display monitor and 3) input devices usually a keyboard and a mouse. Desktop virtualization endpoints such as zero and thin clients will also be included -under the .desktop Band. Energy Stan. A voluntary energy efficiency program sponsored by the-U.S. Environmental Protection Agency. The Energy Star program makes identification of energy efficient computers easy by labeling products that deliver the same or better performance as comparable models while using less energy and saving money, Energy Star qualified computers and monitors automatically power down to 15 watts or less when not in use and may actually last longer than conventional products because they spend a large portion of time in a low-power sleep mode. For additional information on the Energy Star program, including product specifications and a list of qualifying products, visit the Energy Starwebsite at http.-/AvwmeneraYstar.Q'6v. EPEAT. A system for identifying more environmentally preferable computer desktops, laptops, and monitors. it includes an ANSI standard - the IEEE 1680 EPEAT standard — and website www.eoeat,net to identify products manufacturers have declared as meeting the standard. EPEAT provides a.clear and consistent set of performance criteria for the design of products'. It is not a third-party certification program. Instead, Manufacturers self-certify that their products are in conformance with the environmental performance standard for electronic products. FOB' Destination. Shipping charges are included in the price of the item and the shipped item becomes the legal property and responsibility of the receiver when. it reaches its destination unless there is acceptance testing required. FOB Inside Delivery. Special Shipping arrangements, such as inside delivery, may include additional fees payable by the Purchasing Entity. Any FOB inside delivery must be annotated on the Purchasing Entity ordering document. General Consulting. Services related to advising agencies on how best to use information technology to meet business objectives. Examples of such services would include management and administration of IT systems. Each State will have varying-laws, rules, policies and procedures surrounding general consulting which need adherence. Minnesota Statute section 16C.08 defines general consulting for the State of Minnesota.s l/www revisor.mn.aov/statutes)?id=16CA8 Laptop. This is Band 2 of this solicitation. A laptop computer is a personal computer for mobile use, A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a-rechargeable battery, Laptop Band may include notebooks, ultrabooks, and netbooks: Computers with mobile operating systems will also be indluded;under the Laptop Band. Lead State. The State conducting this -cooperative solicitation and centrally administering any resulting Master Agreement with the permission of the Signatory States. Minnesota is the Lead State for this procurement and the laws of Minnesota Statute Chapter 16C apply to this procurement. Manufacturer. A company that, as one of its primary business function, designs, assembles owns the trademark/patent and markets branded computer equipment. Master Agreement. The underlying agreement executed by and between the Lead State and the Contract Vendor. Middleware. Middleware is the software "glue". that helps programs and databases (which may be on different computers) work together. Its most basic function is to enable communication between different pieces of software. Options. An item of equipment or a feature that may be chosen as an addition to or replacement for standard equipment and features. Order. A purchase order, sales. order, or other document used by a Purchasing Entity to order the Equipment. Participating Addendum. A written statement. of agreement signed by the Contract Vendor and a Participating State or other Participating Entity that clarifies the operation of this Master Agreement for the Participating Entity (e.g., ordering procedures specific to a Participating State) and may add other state-specific language or other requirements. A Participating Addendum evidences the Participants willingness to purchase and the Contract Vendor's willingness to provide equipment under the terms and conditions of this Master Agreement with any and all exceptions noted and agreed upon. Participating States. States that utilize the Master Agreement established by the RFP and enter into a Participating Addendum which further defines their participation. Participating Entity: A Participating State, or other legal entity, properly authorized by a Participating State to enter into the Master Agreement through a Participating Addendum and that authorizes orders from the Master Agreement by Purchasing Entities. Under the WSCA-NASPO program; in some cases, local governments, political subdivisions or other entities in a State may be authorized by the chief procurement official to execute its own Participating Addendum where a Participating Addendum is not executed by the chief procurement official for that state that covers local governments, political subdivisions, or other government entities in the state. Partner. A company, authorized by the Contract Vendor and approved by the Participating State, to provide marketing, support, or other authorized contract services on behalf of the Contract Vendor in accordance with the terms and conditions of the Contract Vendor's Master Agreement. In the:RFP, Partner is the term that is used to call out the many different relationships a manufacturer may have with another company to market their product including, but not limited to agents, Subcontractors,. Partners, fulfillment partners, channel partners, business partners, servicing subcontractor, etc. Peripherals. A peripheral means any hardware product that can be attached to, added within or networked with personal computers, servers and storage. Peripherals extend the functionality. of a computer without modifying.the core components of the system. For the purposes of this proposal,:peripherals are defined as including accessories. Peripherals may be manufactured by a third party, however, Contract Vendor shall not offer any peripherals manufactured by another Contract Vendor holding a Master Agreement. The Contract Vendors shall provide the warranty service and 33 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. I f Page 87 of 1207 maintenance for all peripherals on the Master Agreement. Examples of peripheralslaccessorieWoptions: Include but are not limited to: printers, monitors, multifunction printers, audiovisual equipment, instructional equipment, cabling, modems, networking to support server, storage and client applications such as routers, switches. Software is an option which most be related to the purchase of equipment and subject to configuration limits: Third party products are allowed to be offered as paripheralslaccessoriesloptions and may be offered In any related band. Per Transaction Multiple Unit Discount. A contractual volume discount based.on dollars in a single purchase order or combination of purchase -orders submitted at one time by a Participating Entity -or multiple entities conducting a cooperative purchase. Premium Savings Packages. Deeply discounted standard configurations available to Purchasing Entities.using the Master Agreement. This specification includes a commitment to.maintain and upgrade (keep pace with the advance of technology) the standard configurations for a stated period of time or intervals. WSCA-NASPO reserves the right to expand and modify. the PSP throughout the life of the contract.: See hftp://www.wnpsp.comMdex.htmi. Purchasing Entity — means a state, city, county,.district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues an order against the Master Agreement and becomes financially committed to the purchase. Ruggedized.: This was band 6 of this solicitation. Ruggedized refers to equipment specifically designed to operate reliably. in harsh usage environments and conditions, such as strong vibrations, extreme temperatures and wet or dusty conditions. Services. Broadly classed as'installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Agreement. These types of services may include, but are not limited to: warranty services, maintenance, installation, de -installation, factory integration (software or egyipment components), asset management, recycling/disposal, training and carnification, pre -implementation design,. disaster recovery planning and support, service desklhelpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. Contract Vendors may offer, but participating States and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts. EACH PARTICIPATING STATE DETERMINES RESTRICTIONS AND NEGOTIATES TERMS FOR SERVICES. Server. This is Sand 4 of this, solicitation. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This band also.includes server appliances. Serer appliances:have their hardware and softwarapreconfigured by the manufacturer. It also includes embedded networking components such as those found in blade.chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage. This is Band 5 of this solicitation. Storage is hardware with the ability to store large amounts of data. This band includes SAN:switching neoessary.for the proper functioning of the storage environment. Ruggedized equipment -may also be included in the Product and Service Schedule for this band. . Storage Area Network. A storage area network (SAN) is a high-speed special-purpose network (or subnetwork) that interconnects different kinds of data storage. devices with associated data servers on behalf of a larger network of users. Storage as a Service (STaaS), An architecture model by which a provider. allows a customer.to rent or lease storage space on the provider's hardware infrastructure on a subscription basis: E.g., manage onsite or cloud services. Software. For the purposes of this proposal: software is commercial operating off the shelf machine-readable object code instructions including microcode, firmware and operating system software that are preloaded on equipment. The term "Software" applies to all parts of software and. documentation, including new releases, updates, and modifications of software. Tablet: This is Band 3 of this -solicitation. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. Tablet band may include notebooks, ultrabooks, and netbooks that are touchscreen capable: Takeback Program. The Contract Vendor's process for accepting the return of the equipment or other products at the end of life. Third Party Products. Products sold by the. Contract Vendor which are manufactured by another company. Upgrade. Refers to replacement of existing software, hardware or hardware component with a newer version. Warranty. The Manufacturers general warranty tied to the product at the time of purchase. Wide Area Network or WAN. A data network that serves users across a broad geographic area and often uses transmission devices provided by; common carriers. WSCA-NASPO. The WSCA-NASPO cooperative purchasing program, facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC, a 501(c)(3) limited liability company that isa subsidiary organization of the National Association of State Procurement Officials (NASPO). The WS:CA-NASPO-Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state phief procurement officials for the benefit of state departments, institutions, agencies, and.political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states and the District of Columbia. The WSCA-NASPO Cooperative Development Team is identified in the Master Agreement as the recipient -of reports -and may be performing contract administration functions as assigned by the Lead State Contract Administrator. 34 CONTRACT NO. MNINNG408 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P... I I Page 88 of 1207 The City of Bounton Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 June 4, 2021 RFP: FINANCIAL ADVISORY SERVICES Agreement between the City of Boynton Beach and PFM FINANCIAL ADVISORS LLC:. RENEWAL TERM: August 2, 2021 THROUGH August 1, 2023 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional two-year term. No, I do not wish to renew the bid for the following reason(s) PFM FINANCIAL ADVISORS LLC NAME OF COMPANY James W. Glover NAME OF REPRESENTATIVE (please print) June 4, 2021 DATE gloverma-pfm.com E -MAI L S03NATURE Managing Director TITLE 407.406.5760 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 89 of 1207 . . . . . . ....... . f... . ..... 'X .. . . . ..... AGREEMEN"r BETWEEN TIHIE CITY OF 1130YINTON BEACll--1 AND HNANCIAL ADVISORY SERVICES PIROVIDER oil M.I_ 8 - 4 1 1. PROJECT DESIGNATION. The Firm is retained by the City to perfon-n professional services in connection with the RFP FOR FINANCIAL ADVISORY SERVICES; RFIP No.: 003-1410- 18fiT. 2. SCOPE OF SERVICES. Firm agrees to perform the services, identified in Section 11 — Scope of Services and attached hereto _.i 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the PROFESSIONAL to proceed. PROFESSIONAL shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM. This Agreement shall be for a period of three years commencing on the date the Agreement is executed by the City. The City of Boynton Beach may extend the contract with the same terms and conditions for two additional, two-year renewal terms subject to vendor acceptance, satisfactory perflormiance and deterrinination that renewal will be in the best interest of the City. These fees will be paid by the City for completed work and for services rendered under this ,7greement as follows: a. Payment for the work provided by PROFESSIONAL shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to PROFESSIONAL shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The PROFESSIONAL may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval 1hereof, payment will be made to the PROFESSIONAL in the amount approved, c. Final payment of any balance due the PROFESSIONAL of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The PROFESSIONAL'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. Page 90 of 1207 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the properly of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. y. COMPLIANCE WITH LAWS. Professional shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. S. INDEMNIFICATION. Professional shall indemnity, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Professional's own employees, or damage to property occasioned by a negligent act, omission or failure of the Professional. 9, INSURANCE. The Professional shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits; worriers' compensation :Insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the Professional is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Professional nor any employee of Professional shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Professional, or any employee of Professional. 11. COVENANT AGAINST CONTINGENT FEES. The Professional warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Professional, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Professional, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Professional, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, Page 91 of 1207 religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Professional shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON -WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Professional. b. In the event of the death of a member, partner or officer of the Professional, or any of its supervisory personnel assigned to the project, the surviving members of the Professional hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Professional and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Professional shall be sent to the following address: PFM Financial Advisors LLC —Attn: .lames Glover, Mann m Director ...,-0� 300 South OrangeW,4venue, Suite 1"170 m Orlando, FL 32801 ___ _ . 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Professional and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Professional. 19. Contractor is a registered municipal advisor with the Securities and Exchange Commission (the "SEC') and the Municipal Securities Rulemaking Board (the "MSRB"), pursuant to the Securities Exchange Act of 1934 Rule 15Ba1-2. If CITY has designated Contractor as its independent registered municipal advisor ("IRMA") for purposes of SEC Rule 1513a1 - Page 92 of 1207 1(d)(3)(vi) (the "IRMA exemption"), then services provided pursuant to such designation shall be the services described in Exhibt A hereto, subject to any limitations provided herein. im Contractor shall not be responsible for, or have any liability in connection with, verifying that Contractor Is independent from any other party seeking to rely on the IRMA exemption (as such independent status is required pursuant to the IRMA exemption, as interpreted from time to time by the SEC). CITY acknowledges and agrees that any reference to Contractor, its personnel and its role as IRMA, including in the written representation of CITY required under SEC Rule 1513a1-1(d)(3)(vi)(B) shall be subject to prior approval by Contractor. CITY further agrees not to represent that Contractor is CITY's IRMA with respect to any aspect of a municipal securities issuance or municipal financial product, outside of the scope of services without Contractor's prior written consent. MSRB Rules require that municipal advisors make written disclosures to their clients of all material conflicts of interest, certain legal or disciplinary events and certain regulatory requirements. Such disclosures are provided in Contractor's Disclosure Statement delivered to CITY together with this Agreement. 20. All information, data, reports, and records ("Data") in the possession of CITY or any third party necessary for carrying out any services to be performed under this Agreement shall be furnished to Contractor and CITY shall, and shall cause its agent(s) to, cooperate with Contractor in its conduct of reasonable due diligence in performing the services, including with respect to the facts that are necessary in its recommendation(s) to CITY in connection with a municipal securities transaction or municipal financial product and/or relevant to the CITY's determination whether to proceed with a course of action. To the extent CITY requests that Contractor provide advice with regard to any recommendation made by a third party, CITY will provide to Contractor written direction to do so as well as any Data it has received from such third party relating to its recommendation. CITY acknowledges and agrees that while Contractor is relying on the Data in connection with its provision of the services under this Agreement, Contractor makes no representation with respect to and shall not be responsible for the accuracy or completeness of such Data. 21. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the 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 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 Page 93 of 1207 ontra orHaat. be provided to the CITY, upon request firom the CITY's custodian of public records, M a format that is compatible with the infoirmatiion 'tech nology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING 11"HE AP11P11 111CATIOIN OF CHAPTER 119, FLORIDA STATUES, TO THE PUBLIC RECORDS: JUDY PYLE, CITY CLERK 1. 00 E BOYINTOIN BEACH BLVD 561-742 ,,,.6061 PYLEJ@BBIIFL.,US Page 94 of 1207 DATED this ��> day of A , LO CITY OF BOYNTON BEACH Lori I eVerriere, City Manager A 44-41 A. i __�..._ ., ilii .,m.... ..........., Professional PFM Financial Advisors LLC James W. Glover Managing Director Approved as to, orr : AttestuAuthenticated: A. Cherdf, PR9 Attorney Cheryl D. Maddox, Secretary 6 Page 95 of 1207 EXHIBIT A SCOPE OE SERVICES Provide the City with comprehensiveof #- continuous reviews of outstanding indebtedness (bonds, loans, and leases) and provide recommendations `laor early extinguishment of # obligations. 2. The financial .#visor shall assist and/or prepare majorvarious .rincluded in the Comprehensive Plan annually. 3- Prepare Comprehensive Financial Plans, as requested, including a debt capacity analysis, debt ratio study, alternatives and innovative financing options, identification of poterevenue ntial sources,# methods of permitted under Florida 4. Provide the City with Financial Advisory Services on any requested financial issue that the firm can provide expert advice on, 5. Provide the City with advice on proposed and actual changes#moi# development policies, tax laws and financial market developmentscould affect the # 2. Assist the City with consultation's d presentations # rating agencies/credit existingenhancement providers to secure the most favorable and economical credit rating or to maintain an credit. `i## .i$'1 . .f# # #I][ UMMWI 3. Prepare a timetable and distribution list for bond issues and assist the City in coordinating meetings and conference calls. 7 Page 96 of 1207 4. Provide advice and assistance, as needed, to the City, bond counsel, and disclosure counsel as to preparation of the necessary bond authorizing ordinance(s) and other proceedings including a Notice of Sale, if required. 5. Assist, as required, with validation of any bond issues through preparation of financial tables and exhibits and the preparation of testimony. 6. Assist the City in preparing its debt issuance for market whether the sale is made through a competitive or negotiated offering or any other type of sale. Through any method of sale, the financial advisor will assist the City's Disclosure Counsel in the preparation of the preliminary and final official statement that conforms to current acceptable disclosure guideline standards. For competitively bid bond issues: 6.1 Assist the City in preparing the bid documents, including but not limited to the notice of sale. 6.2 At the time of the sale, advise the City as to the best bid received, based upon the verification of bids, and recommend an award which, in the Financial Advisor's judgment is in the best interest of the City. 6.3 Assist in bid protest procedures, as needed. For negotiated bond issues: 6.4 Assist in determining the optimal timing of the issue. 6.5 Assist the City in preparing a Request for Proposal for Underwriting Services, if necessary. 6.6 Assist the City in preparing presentations to underwriters in order to fully describe the bonds to be issued,'when required. 6.7 Participate in the evaluation of the proposals received with selected City personnel. 6.8 Participate in the "pricing call" and advise the City as to the reasonableness of the components of the underwriter's spread. For other means of bond procurement. As directed by the City. a. Provide for the solicitation of competitive proposals for printing the official statement, bid forms, and paying agent/registrar services. b. Assist the City in selecting trustees, paying agents and other financial intermediaries, as necessary, and assist in arranging for appropriate bond insurance as required. c. Advise the City on the condition of the bond market prior to and at the time of the sale of the debt. This activity should address market volume, general economic conditions and competing offerings on a national and statewide basis. d. Assist the City at the time of sale with the negotiation of the terms of the sale (fees, interest rates and interest rate yields, and redemption provisions) if such sale is negotiated or, if sold at competitive sale, review and verify all bids received by the City. The financial advisor shall also recommend to the City whether such negotiated or competitive proposals should be accepted or rejected for each bond issue and indicate whether the transaction terms are the most beneficial to the City for the type and timing of each transaction. Page 97 of 1207 e. Assist the City, as needed, with coordination and supervision of the many events related to the closing for the debt issuance. f. In the area of short-term financing, provide the City with advice, guidance and assistance in bank loans, leasing, and commercial paper, upon request. g. The Financial Advisors shall be available to the City to discuss and make recommendations on such other financial matters as requested by the City, and shall be available for formal presentations to the Mayor and City Commission, as necessary. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Page 98 of 1207 EXHIBIT B FEES AND PAYMENTS V Page 99 of 1207 REWEST FOR PROPOSAL FOR F1t4.A DIAL ADF1 ORY SkRVICts RFP ka.: #b3-t4j0-its T PRICE P ROP'OSAL FORM !ate Shouid cies this fum W aubntang its Fee Pmpow. i t•,� ru r �rTna ,.a s: t i� �� as 'alt 1 .° Usive" fn p made Fr?ineia1 V0Vi30,y zerv;ws I[f s^,�r[isr'..et t�r;1h # xCr• ="r rhis The # apa ; a pr3wat %a fat fnat adV:s� y ser izes S%'! terA'n firm t y t, n t of the + r�eerr nr, The �p'.sr fir rec tal ata.1 be exerr., upcs� rrKj :. a ems .! bet�veer C,.r a� , ' ra�sd G� r, ,Y ;mer egreercront %ti h ell r:, rtml et�r r ca,�dt'a.-1s *6" -red 10 m.9) no FL +- sold la$ue Pae based on pefoar t ot w.id wus Sw ]poi::,w;p19 pap 2. Poe fa, wid,t ; Sw1kes, per M;ar R58 W -W be all L-1clusiva AttB^,,*# ct7m(ne?its Cit ftlfiiwf:B+ iCtbil ]F%ati' t'S!t �d i[Of i� y1S x7 1: 1 the. i'I=41:}'sre: t'sa ,kcivisors 1., C- - CCt��i��1Y h�IMl: � A11�'E-1C�ii� 5ifs"'�A�tlE�� JMs 5 Cluver �t� tYcri £ �cLIRI EWA& AD. DRESS TITLE �'� tlti�£ �b 61� 5ilb�litFD Fad r1�c�t�4i t0 �� C:�3h5,'f�1;RE� ex r FP W. b3l 01-� t; ..j -p, T 11 Page 100 of 1207 0 P A Of � cl!,, 77,,, p -,N At. SQ M j�O�j EIPINI- (�P Ul' All Fi 16"S Alllr, 'QUY F 'IQ. W 11-13 rk'Ic"1441or RIK) WAV LX E FTIA Vr'rY,,mFJm firn fu KMAi 4Vr'iP6",4-Wkjn -Iwluke e",n a Out F3 au enuu Nmda, No'l Au' Vatwom Hewmwv Arw'Wpi, rw,,4a!A. KcAa Vwtwx Y"IF.11 pt t4ti 0ir 11i ths Im(IlM '#VUA All' hr Is as 4rormult'atmasm aiz�lw�irt�; to lnKcmmv, la d A rrr me$ I U00 '.10 51 - ty K -46A 11,0 WW* Y10,1111 VIIS C, x% A WILIAJ requeNt :mr�&ujmoilrnul Ill Mn cir PJMpocW kirpa,mes pj� ; w o klemiqw law, mamw MW GTHER Smoot tog fo"arx:10 aav�,mxiy Px'-:;r imid Wayo neas me- Opp VLIIWAV, I f hand pnxmedc fam"ju OMNW jn,;:6V.#wd rrixilult"'K" rl,wrw"al.�;-rt lwtklraz�b trcu!v tr.-rr pl"gru.."o eontao, ?f lwldlac�jj PONA awou by RIF A5 FFv AnK Mmimpr mM gym. xrrt,lyliglali(,00 41 `40& tcatwlh"r arvharlea dQ, 12 Page 101 of 1207 0 pfm ('ERTIFI "mm "ATE OF AUTHORITY .July 23, 2018 As President and Managing Director of PFM Financial Advisors LLC ("PFM"), I affirm that James W. Glover is a Managing Director of PFM and, as such. is authorized to execute and deliver on behalf of PFM, each document and all other agreements, documents and certificates to be delivered by PFM. PFM Financial Advisors LLC M ,John H. Bonow President and Managing Director Page 102 of 1207 NASPO ValuePoint PARTICIPATING ADDENDUM Public Safety Communication Equipment- Phase One #06913 Lead by the State of Washington (hereinafter "Lead State") Participating Addendum No: 43190000-18-NASPO-ACS-1 Motorola Solutions (hereinafter "Contractor') _a. Florida Department of Management Services (Hereinafter "Participating State/Entity") Page 1 of 19 1. Scope: This addendum covers the purchase of public safety communication equipment and is for use by state agencies and other entities located in the Participating State/Entity authorized by that state's statutes to utilize state/entity contracts with the prior approval of the state's chief procurement official. Contractor has been awarded the following categories: Radios Subcategory: Portable, Dual -Band Subcategory: Portable, Single -Band tier I Subcategory: Portable, Single -Band tier II Subcategory: Portable, Single -Band tier III Subcategory: Mobile, Dual -Band Subcategory: Mobile, Single -Band tier I Subcategory: Mobile, Single -Band tier II Subcategory: Mobile, Single -Band tier III Subcategory: Desktop, Dual -Band Subcategory: Desktop, Single -Band tier I Subcategory: Desktop, Single -Band tier II Base Stations/Repeaters: Single -Band tier I Single -Band tier II Mobile Radio Antennas 2. Participation: Use of specific NASPO ValuePoint cooperative contracts by agencies, political subdivisions and other entities (including cooperatives) authorized by an individual state's statutes to use state/entity contracts are subject to the prior approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official. 3. Participating State Modifications or Additions to Master Agreement: These modifications or additions apply only to actions and relationships within the Participating State. The following changes are modifying or supplementing the Master Agreement terms and conditions. a. Participating Addendum: As used in this document, "Participating Addendum" (whether or not capitalized) shall, unless the context requires otherwise, include this document and all Page 103 of 1207 Page 2 of 19 incorporated Exhibits, which set forth the entire understanding of the Parties and supersedes all prior agreements. All modifications to this Participating Addendum must be in writing and signed by all Parties. b. Exhibits: All Exhibits attached and listed below are incorporated in their entirety into, and form part of this Participating Addendum: 1) Exhibit A: Contract Conditions, Florida General 2) Exhibit B: Contract Conditions, Florida Special 3) Exhibit C: NASPO ValuePoint Master Agreement Number 06913 If a conflict exists among any of the Participating Addendum documents, the documents shall have priority in the order listed below: 1) The Addendum 2) Florida Special Contract Conditions, Exhibit B 3) Florida General Contract Conditions, Exhibit A 4) NASPO ValuePoint Master Agreement Number, 06913, Exhibit C. 4. Orders: Upon execution of this Participating Addendum, customers in the Participating State, may purchase products and services under the Master Agreement using this State of Florida alternate contract source number 43190000-18-NASPO-ACS-1. Any order placed by a customer in the Participating State for a product and/or service available from the Master Agreement, shall be deemed to be a sale under (and governed by the prices and other terms and conditions) of the Master Agreement, unless the parties to the order agree in writing that another contract or agreement applies to such order. 5. Warranty of Authority: Each Person signing this document warrants that he or she is dully authorized to do so and to bind the respective party. 6. Amendments: No oral modifications to this Participating Addendum are permitted. All modifications to this Participating Addendum must be in writing and signed by both parties. Notwithstanding the order listed in section III (a), amendments executed after the Participating Addendum is executed may expressly change the provisions of the Participating Addendum. If they do so expressly, then the most recent amendment will take precedence over anything else that is part of the Participating Addendum. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below. Participating State: Florida Contractor: By: By: Name: Rosalyn Ingram Name: Title: Director of State Purchasing and Chief Procurement Officer Title: Date: Date: Page 104 of 1207 O"Aw signed by all Parties. b. Exhibits: All Exhibits attached and listed below are incorporated in their entirety into, a form part of this Participating Addendum: If a conflict exists among any of the Participating Addendum documents, the documenli shall have priority in the order listed below: 1) The Addendum 2) Florida Special Contract Condons, Exhibit B 3) Florida General Contract Condons, Exhibit A ,t) NASPO ValuePoint Master Agreement Number, 06913, Exhibit C. Any order placed by a customer in the Participating State for a product and/or service available from the Master AgreemeK shall be deemed to be a sale under (and governed by the prices and other terms and conditions) of the Master Agreement, unless the parties to the order agree in writing that another contract or agreement applies to such order. 5. Warranty of Authority: Each Person signing this document warrants that he or she is dully authorized to do so and to bind the respective party. L 0 L I -V Vdinenumerve, of the Participating Addendum. IR '111TAESS 11TAEREOF, the parties have executed this Addendum as of the date of execution by !Doth parties below. ffwriffll� THIS �: 1111X�Irevtor Clided''Rmciare 1)atpa: Date: /I Page 105 of 1207 Alternate Contract Source No. 43190000-18-NASPO-ACS-1 Exhibit A FLORIDA GENERAL CONTRACT CONDITIONS Table of Contents Page 3 of 19 SEC IOIN °1. IC: IF Ih: II IL..1..II OIN S....................................................................................................... 3 .................................................................................................................................................................................................. SEC IOIN 2. COIN ...1.. RAC ...1......1..IF Ii=i IM AIN II) ...1." IF Ii=i IKI INA...1." IOIN ............................................................. 3 ........................................................................................................................................................................................................................................................................................................................................................................................ SEC IOIN 3. II AYIW IF IN...l.. AIN II) IFEES .......................................................................................... 4 SIEC...1..11OIN 4. COIN ...1..RAC ...1... IIMAIINAGEIMEIIN...1...................................................................................6 SIE. C..'].11� I.N Vii. CQ1M CIE. VI....1..1 IC..AWS.................................................................................7 SIF C..'].11 �::711N 5. IM 11 S C IF IC_ IC_A I� IF 0 �.) 5................................................................................................ 8 ................................................................................................................................................................................................................................... S IF C 11OIN 1 7. V �::71i=� IMF Ii=�S' C�::71� P IF IN SA 11OIN 1 AIIN D C IF IN IF IC=�AII.. 11J AB II 11.] .1..Y 1111N S �,) IC=�AIIN C IF. x, ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ IND 11 IN II) IF IM IN II II .: II CA...1.. IOIN IN.........................................................................................................10 ............................................................................................................................................................................ SIF C.I 11 � I.N 3. L,) IB. � IC_ II C Ii=�IF C�:: 1]. IC:)S .........I1=�AIC:� IF SIF C Ii=i IF..1..5 . 1[.). :7 C L,) IM IF 11N 1.. IMAIINAC IF I.MIF 11� 1.. AIIN IC:� IIIN...1..IFIIJI-IFC...1.' li�,)AIC.. IPROPER ...................................................................................................11 SIFC..'].11� I.N �1. IC:�A.]"'A SIFCL.)Ii=�11...1...Y AIINIC:) SIFIC=�VIICIFS....................................................................12 .................................................................................................................................................................................................................................................................................................................................................. SIE. C..'].110I.N. °13. CIC=�A...1..L.)I.."] IIIFS AINIC:) IC-�::7I.BI.BY11IN. C.........................................................................13 SIFC..'].110I.N. ,1.1. C� I.N....1..IC=.AC..... IM0IN. 11...1...x:: [R. 1111NC..............................................................................14 ...................................................................................................................................................................................................................................................................................................... SEC 1OIN °12. COIN ...1..IRAC ...1... AU ID 11...1... S........................................................................................15 SEC 1 11OIN °1;.. IBACIKGIiROL)IINII) SCIi=iIFIFINIIINC AINII) SIFCL)Ii=iII 1 Y...............................................16 ............................................................................................................................................................................................................................................................................................................................................................................................................................................ These General Contract Conditions supersede and replace in their entirety all General Contract Conditions, Form PUR 1000, which is incorporated by reference in Rule 60A-1.002, Florida Administrative Code (F.A.C.) SECTION 1. DEFINITIONS. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes, (F.S.) and Rule Chapter 60A-1, F.A.C.: 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Term and Effective Date. The term of this Participating Addendum will become effective on January 1, 2018, and shall be effective through July 01, 2020, unless terminated earlier in accordance with the General Contract Conditions or if not renewed by the Lead State. 2.2 Renewal. There are no renewals on this Participating Addendum. Page 106 of 1207 Page 4 of 19 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. A Customer may, at its sole discretion, suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor must comply with the notice and will cease the activities associated with any resulting contract or purchase order. Within 90 days, or any longer period agreed to by the Contractor, the Department or Customer will either (1) issue a notice authorizing resumption of work, at which time activity will resume, or (2) terminate the Contract or a resulting contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the Department determines that the performance of the Contractor is not satisfactory, the Department may, at its sole discretion, (a) immediately terminate the Contract, (b) notify the Contractor of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Contract will terminate at the end of such time, or (c) take other action deemed appropriate by the Department. SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: (a) Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders. (b) Preferred Pricing. Consistent with the goals of section 216.0113, F.S., Contractor acknowledges and recognizes that the Department wants to take advantage of any improvements in pricing over the course of the Contract period. To that end, the pricing indicated in this Contract is a maximum guarantee under the terms of this clause. Contractor's pricing will not exceed, on an aggregate basis, the pricing offered under comparable contracts for public entities. Comparable contracts are those which are similar in size, scope and terms. The Contractor shall submit to the Department a completed Preferred Pricing affidavit form annually. Page 107 of 1207 Page 5 of 19 (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor must submit documentation identifying the proposed (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then -authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of properly certified invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain detail sufficient for an audit and contain the Contract Number and the Contractor's Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract. The Contractor must provide commodities or contractual services pursuant to purchase orders. The purchase order period of performance survives the expiration of the Contract. The duration of purchase orders must not exceed the expiration of the Contract by more than 12 months. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing, and may be reimbursed only in accordance with section 112.061, F.S. 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. The State of Florida is not required to pay any taxes, including customs and tariffs, on commodities or contractual services purchased under the Contract. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor by the Department or Customer. The Contractor must return any overpayment within 40 calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. Page 108 of 1207 Page 6 of 19 SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer within the manner and at the location specified in the Contract and any attachments to the Contract. Additionally, the terms of the Contract supersede the terms of any and all prior or contemporaneous agreements between the Parties. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager by certified mail, return receipt requested, by reputable air courier service, email, or by personal delivery, or as otherwise identified by the Department. 4.3 Department's Contract Manager. The Department's Contract Manager, is primarily responsible for the Department's oversight of the Contract. In the event that the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor's Contract Manager. The Contractor's Contract Manager is primarily responsible for the Contractor's oversight of the Contract performance. In the event that the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity Reporting. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises, and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each Customer purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in Section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Page 109 of 1207 Page 7 of 19 Additional information about the designated nonprofit agency and the commodities or contractual services it offers is available at Ictofflrda.or.P ,,ll 4.7 PRIDE. Subject to the agency determination provided for in Sections 946.515 and 287.042(1), F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at IIIt!jp..:.// v .:f Iriicj ::::.�:'!P"r.!e it lrli ..:.. 1r.9 SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with Section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Pursuant to subsection 287.058(1), F.S., the provisions of subparagraphs 287.058(1)(a) -(c), F.S., are hereby incorporated by reference, to the extent applicable. 5.2 Governing Law and Venue. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives any and all privileges and rights relating to venue it may have under Chapter 47, F.S., and any and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. The Contractor and any subcontractors that assert corporate status must provide the Department with conclusive evidence, per section 607.0127, F.S., of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity and maintain such status or authorization through the life of the Contract and any resulting contract or purchase order. 5.4 Convicted and Discriminatory Vendor Lists. In accordance with sections 287.133 and 287.134, F.S., an entity or affiliate who is on the Convicted Vendor List or the Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors or consultants have been Page 110 of 1207 Page 8 of 19 placed on the Convicted Vendor List or the Discriminatory Vendor List during the term of the Contract. 5.5 Contractor Certification. If the Contract exceeds $1,000,000.00 in total, not including renewal years, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to sections 215.473, F.S. and 215.4725 F.S, respectively. Pursuant to section 287.135(5), F.S., and 287.135(3), F.S., Contractor agrees the Department may immediately terminate the Contract for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel during the term of the Contract. 5.6 Cooperation with Inspector General. Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State (available at: JP„„tr a,//cj iP ?„y 11 lrlicj q lr /Illil lr iPy eu�chlve /rracord P ou roct, u � a r,t./, eineir ll recourd chedL ll /), whichever is longer. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include, but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. 5.7 Inspection. Section 215.422, F.S., provides that agencies have five working days to inspect and approve commodities or contractual services. Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at the Contractor's expense. SECTION 6. MISCELLANEOUS. 6.1 Notice of Legal Actions. The Contractor will use its best efforts to notify the Department of any legal actions filed against it for a violation of any laws, rules, codes, ordinances or licensing requirements occurring within the U.S., within 30 days of the action being filed. The Contractor must notify the Department of any legal actions filed against it in the U.S. for a breach of a contract of similar size and scope to this Contract within 30 days of the action being filed. Failure to notify the Department of a legal action within 30 days of the action may be grounds for termination for cause of the Contract pursuant to section 2.3.3(b) herein. 6.2 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all subcontracted work. The Department supports diversity in its procurements and Page 111 of 1207 Page 9 of 19 contracts, and requests that Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at ,cj,h I a ii .i yell, iriicia.c it for information on certified small business enterprises available for subcontracting opportunities. 6.3 Assignment. The Contractor will not sell, assign or transfer any of its rights, duties or obligations under the Contract without the prior written consent of the Department. In the event of any assignment, the Contractor remains secondarily liable for performance of the Contract. The Department may assign the Contract to another state agency. 6.4 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are not employees or agents of the Department and are not entitled to the benefits of State of Florida employees. The Department will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all of its subcontracts under the Contract. 6.5 Risk of Loss. Until acceptance of delivery, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer or the Department rejects a commodity, Contractor will remove the commodity from the premises within 10 days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within 10 days will be deemed abandoned by the Contractor and the Customer or the Department will have the right to ship the equipment back to the Contractor and bill the Contractor for the cost of shipping and time spent. Contractor will reimburse the Customer or the Department for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.6 Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State of Florida inspector. Acceptability customarily requires, at a minimum, an identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories, and National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas -operated assemblies. In addition, all items furnished must meet all applicable requirements of the Occupational Safety and Health Act and State of Florida and federal requirements relating to clean air and water. 6.7 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. Page 112 of 1207 Page 10 of 19 6.8 Waiver. The delay or failure by the Department or Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. SECTION 7. WORKERS' COMPENSATION AND GENERAL LIABILITY INSURANCE, AND INDEMNIFICATION 7.1 Workers' Compensation Insurance. To the extent required by law, the Contractor must be self-insured against, or must secure and maintain during the life of the contract, Worker's Compensation Insurance for all its employees connected with the work of this project, and in case any work is subcontracted, the Contractor must require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees engaged in work under the resulting contract are covered by the Contractor's insurance program. Self-insurance or insurance coverage must comply with the Florida Worker's Compensation law. In the event hazardous work is being performed by the Contractor under the resulting contract or purchase order and any class of employees performing the hazardous work is not protected under Worker's Compensation statutes, the Contractor must provide, and cause each subcontractor to provide adequate insurance satisfactory to the Department for the protection of employees not otherwise protected. 7.2 General Liability Insurance The Contractor must secure and maintain Commercial General Liability Insurance including bodily injury, property damage, product-liability, personal & advertising injury and completed operations. This insurance must provide coverage for all claims that may arise from the services, and operations completed under the Contract and any resulting contract or purchase order, whether such services or operations are by the Contractor or anyone directly or indirectly employed by them. Such insurance must include the State of Florida as an Additional Insured for the entire length of the Contract and any resulting contract or purchase order. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the Contract and any resulting contract or purchase order. All insurance policies must be with insurers licensed or eligible to transact business in the State of Florida. The Contractor's current certificate of insurance will contain a standard notice of cancellation provision that should the policy be cancelled before the expiration date, notice will be delivered in accordance with policy provisions to the Department's Contract Manager. The Contractors must submit insurance certificates evidencing such insurance coverage prior to execution of a contract with the Department. The Contractor must require its insurance carrier to include the Department as an additional insured, as provided below: Florida Department of Management Services c/o Division of State Purchasing 4050 Esplanade Way, Suite 36060 Page 113 of 1207 Page 11 of 19 Tallahassee, Florida 32399-0950 7.3 Indemnification. The Contractor agrees to indemnify, defend, and hold the Department, Customer, the State of Florida, its officers, employees and agents harmless from all fines, claims, assessments, suits, judgments, or direct damages, arising from or relating to violation or infringement of a trademark, copyright, patent, or intellectual property right or out of any acts, actions, breaches, neglect or omissions of the Contractor, its employees, agents, subcontractors, assignees or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees or delegates are not independent contractors in relation to the Department. The Contract does not constitute a waiver of sovereign immunity or consent by the Department or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Department or Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT AND INTELLECTUAL PROPERTY. 8.1 Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within reasonable time and 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 are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency; (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet Page 114 of 1207 Page 12 of 19 all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (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 AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. 8.2 Protection of Trade Secrets or Confidential Information. If the Contractor considers any portion of materials made or received in the course of performing the Contract ("contract -related materials") to be trade secret under section 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as "confidential" when submitted to the Department. If the Department receives a public records request for contract -related materials designated by the Contractor as "confidential," the Department will provide only the portions of the contract -related materials not designated as "confidential." If the requester asserts a right to examine contract -related materials designated as "confidential," the Department will notify the Contractor. The Contractor will be responsible for responding to and resolving all claims for access to contract -related materials it has designated "confidential." If the Department is served with a request for discovery of contract -related materials designated "confidential," the Department will promptly notify the Contractor about the request. The Contractor will be responsible for filing the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated "confidential" only if the Contractor fails to take appropriate action, within timeframes established by statute and court rule, to protect the materials designated as "confidential" from disclosure. The Contractor will protect, defend, and indemnify the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of contract -related materials as "confidential." 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers and documents that were made in relation to this Contract. Contractor must retain all documents related to the Contract for five years after expiration of the Contract, or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at: JI ttr °//cj imyfllou�iic�e.�ou /Iliill�u uY ircNve /irec0. (J !! p-i,.Prnra vt./r u�r ur ll recoird cI r-�c�dle /. SECTION 9. DATA SECURITY AND SERVICES. 9.1 Duty to Provide Secure Data. The Contractor will maintain the security of State of Florida Data including, but not limited to, a secure area around any display of such Data or Data that is otherwise visible. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. 9.2 Warranty of Security. Page 115 of 1207 Page 13 of 19 Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida Data to be sent by any medium, transmitted or accessed outside of the United States. Notwithstanding any provision of this Contract to the contrary, the Contractor must notify the Department as soon as possible, in accordance with the requirements of section 501.171, F.S., and in all events within one (1) business day in the event Contractor discovers any Data is breached, any unauthorized access of Data occurs (even by persons or companies with authorized access for other purposes), any unauthorized transmission of Data or any credible allegation or suspicion of a material violation of the above. This notification is required whether the event affects one agency/customer or the entire population. The notification must be clear and conspicuous and include a description of the following: (a) The incident in general terms. (b) The type of information that was subject to the unauthorized access and acquisition. (c) The type and number of entities who were, or potentially have been affected by the breach. (d) The actions taken by the Contractor to protect the Data from further unauthorized access. However, the description of those actions in the written notice may be general so as not to further increase the risk or severity of the breach. 9.3 Remedial Measures. Upon becoming aware of an alleged security breach, Contractor's Contract Manager must set up a conference call with the Department's Contract Manager. The conference call invitation must contain a brief description of the nature of the event. When possible, a 30 minute notice will be given to allow Department personnel to be available for the call. If the designated time is not practical for the Department, an alternate time for the call will be scheduled. All available information must be shared on the call. The Contractor must answer all questions based on the information known at that time and answer additional questions as additional information becomes known. The Contractor must provide the Department with final documentation of the incident including all actions that took place. If the Contractor becomes aware of a security breach or security incident outside of normal business hours, the Contractor must notify the Department's Contract Manager and in all events, within one business day. 9.4 Indemnification (Breach of Warranty of Security). The Contractor agrees to defend, indemnify and hold harmless the Department, Customer, the State of Florida, its officers, directors and employees for any claims, suits or proceedings related to a breach of the Warranty of Security. The Contractor will include credit monitoring services at its own cost for those individuals affected or potentially affected by a breach of this warranty for a two year period of time following the breach. 9.5 Annual Certification. The Contractor is required to submit an annual certification demonstrating compliance with the Warranty of Security to the Department by December 31 of each Contract year. SECTION 10. GRATUITIES AND LOBBYING. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer Page 116 of 1207 Page 14 of 19 or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to subsection 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract, after the Contract execution and during the Contract's term. SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement of Work and attachments to the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. Coordination must be maintained by the Contractor with representatives of the Customer, the Department, or of other agencies involved in the Contract on behalf of the Department. 11.2 Performance Deficiency. The Department or Customer may, in its sole discretion, notify the Contractor of the deficiency to be corrected, which correction must be made within a time -frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. 11.3 Financial Consequences of Non -Performance. If the corrective action plan is unacceptable to the Department or Customer, or fails to remedy the performance deficiencies, the Contractor will be assessed a non-performance retainage equivalent to 10% of the total invoice amount or as specified in the Contract. The retainage will be applied to the invoice for the then -current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Customer for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited. 11.4 Liquidated Damages. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department or Customer and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department or Customer's delay. The Contractor acknowledges that untimely performance or other material noncompliance will damage the Department or Customer, but by their nature such damages may be difficult to ascertain. Accordingly, any liquidated damages provisions stated in the solicitation will Page 117 of 1207 Page 15 of 19 apply to this Contract. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.5 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department or Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within 10 days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department or Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department or Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department or Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct, or cause to have conducted, either or both performance and compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractor's data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners or agents of the Contractor, pertaining to this Contract, may be inspected by the Department upon 15 days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The State of Florida's Chief Financial Officer and the Office of the Auditor General also have authority to perform audits and inspections. 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained. Records of costs incurred will include the Contractor's general accounting records, together with supporting Page 118 of 1207 Page 16 of 19 documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, State of Florida's Chief Financial Officer or the Office of the Auditor General for audit. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department may require the Contractor and its employees, agents, representatives and subcontractors to provide fingerprints and be subject to such background checks as directed by the Department. The cost of the background checks will be borne by the Contractor. The Department may require the Contractor to exclude the Contractor's employees, agents, representatives or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three calendar days any arrest for any Disqualifying Offense. The Contractor must notify the Contract Manager within 24 hours of all details concerning any reported arrest. The Contractor will ensure that all background screening will be refreshed upon the request of the Department for each person during the term of the Contract. 13.2 E -Verify. In accordance with Executive Order 11-116, the Contractor agrees to utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five days of Contract execution. If the Contractor is not enrolled in DHS E -Verify System, it will do so within five days of notice of Contract award, and provide the Contract Manager a copy of its MOU within five days of Contract execution. The link to E -Verify is provided below. ht.t..Pa,,,// W.LI, ,CiS.,,,r o�/� V� a 6ty. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five days to the Contract Manager identifying the new hire with its E -Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has a criminal misdemeanor or felony record regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict) within the last six years from the date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida Data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related or information technology crimes (b) Fraudulent practices, false pretenses and frauds, and credit card crimes (c) Forgery and counterfeiting (d) Violations involving checks and drafts (e) Misuse of medical or personnel records (f) Felony theft 13.4 Communications and Confidentiality. The Contractor agrees that it will make no statements, press releases, or publicity releases concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, or any particulars thereof, during the period of the Contract, without first notifying the Page 119 of 1207 Page 17 of 19 Department's Contract Manager or the Department designated contact person and securing prior written consent. The Contractor must maintain confidentiality of all confidential data, files, and records related to the services and commodities provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 120 of 1207 Page 18 of 19 EXHIBIT B FLORIDA SPECIAL CONTRACT CONDITIONS This Exhibit contains the Special Contract Conditions. If a conflict exists between the Special Contract Conditions and the General Contract Conditions, the Special Contract Conditions shall take precedence over the General Contract Conditions unless the conflicting term in the General Contract Conditions is required by Florida law, in which case the General Contract Conditions term will take precedence. Special Contract Conditions are as follows: Section 1 Scope All products and services offered under this addendum must be in compliance with the Master Agreement scope. Failure to adhere to Master Agreement scope, may result in addendum termination and the reimbursement of reprocurement costs in accordance to 60A-1.006 F.A.C.. Section 2 Information Technology (IT) Standards Pursuant to sections 282.0051 and 282.318, F.S., the Agency for State Technology (AST) has established information technology standards for security, project management and oversight. State agencies shall ensure compliance with AST standards as established in Rule Chapter 74-1 and 74-2, F.A.C, as applicable. Section 3 Delays and Complaints Delivery delays and service complaints will be monitored on a continual basis. Documented inability to perform under the conditions of the contract, via the established Complaint to Vendor process (PUR 7017 form), may result in default proceedings and cancellation. Section 4 Monthly Transaction Fee Report The Contractor is required to submit monthly Transaction Fee Reports electronically through MFMP VIP. All such reports and payments shall be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions shall constitute grounds for declaring the Contractor in default and subject the Contractor to exclusion from business with the State of Florida. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online through MFMP U on the MyFloridaMarketPlace website (located at http://dms.my[lorida.com/mfmp). Assistance is also available from the MyFloridaMarketPlace Customer Service Desk at feeprocessing@myfloridamarketplace.com or 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM to 6:00 PM, Eastern Time. Section 5 Quarterly Sales Reports Each Contractor shall submit a sales report to the Department on a Quarterly basis. Contract Sales Reports must include the Contractor's name, the dates of Quarter covered, each Customer's name, services provided, and the amount paid by the Customer. Page 121 of 1207 Page 19 of 19 Initiation and submission of the Contract Sales Reports are to be the responsibility of the Contractor. The Contractor will submit the completed Sales Report forms by email to the Department Contract Manager no later than the due date indicated in Section 10. Submission of these reports is considered a material requirement of this Contract and the Contractor. Failure to provide quarterly sales reports, including those indicating no sales, within thirty (30) calendar days following the end of each quarter (January, April, July and October) is considered as Non -Performance by the Contractor. Exceptions may be made if a delay in submitting reports is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Department. The Department reserves the right to request additional sales information as needed. Section 6 Quarterly Reporting Timeframes Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July -September) — Due by October 10 Quarter 2 - (October -December) — Due by January 10 Quarter 3 - (January -March) — Due by April 10 Quarter 4 - (April -June) — Due by July 10 Section 7 Business Review Meetings The Department reserves the right to schedule business review meetings as frequently as necessary. The Department will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Department for review and acceptance. The Contractor shall address the agenda items and any of the Department's additional concerns at the meeting. Failure to comply with this section may result in the Contractor being found in default and contract termination. Section 8 Contract Revisions Notwithstanding General Contract Conditions the following types of revisions can be made to the Contract upon written authorization by the Department: a. Contractor's Information and Contacts b. Contract Manager C. Contract Report Forms Only the above listed provisions can be made without a formal Contract amendment. Florida General Contract Conditions, section 6.10, applies to all other modifications to the Contract. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 122 of 1207 UWVV ✓ ✓2 FLORIDA DEPARTMENT OF MANAGEMENT SEWCES a state purchasing We serve ala¢rsre who serve (Florida. AMENDMENT NO.: 1 Participating Addendum No: 43190000-18-NASPO-ACS-1 Public Safety Communication Equipment- Phase One #06913 This Amendment ("Amendment"), effective as of February 5, 2019, or the last date signed by both parties, to the Participating Addendum ("PA") adopting the Public Safety Communication Equipment, Phase One Contract No. 43190000-18-NASPO-ACS-1 (Alternate Contract Source, "ACS", or "Contract"), between the State of Florida, Department of Management Services ("Department") and Motorola Solutions ("Contractor'), are collectively referred to herein as the "Parties". All capitalized terms used herein shall have the meaning assigned to them in the ACS unless otherwise defined herein. WHEREAS, on January 1, 2018, the Department originally entered into the PA with Motorola Solutions for the provision of a Public Safety Communication Equipment, Phase One; and, WHEREAS, the Parties agreed that the PA may be amended by mutual agreement as provided in section 6.10, Modification and Severability, of Exhibit A, Florida General Contract Conditions, incorporated into the PA; and, WHEREAS, the Parties agree to amend the PA, section 2.1,Term and Effective Date, of Exhibit A,Florida General Contract Conditions, incorporated into the PA; and, THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties agree to the following: Contract Amendment. The PA is amended to replace section 2.1, Term and Effective Date, of Exhibit A, Florida General Contract Conditions, in its entirety to correct the expiration date of the PA to reflect the original intent of the parties to have the PA expire on the same date as the NASPO Master Agreement. Section 2.1 of Exhibit A, Florida General Contract Conditions, is hereby replaced in its entirety as follows: 2.1 Term and Effective Date. The term of this Participating Addendum will become effective on January 1, 2018, and shall be effective through June 30, 2021, unless terminated earlier in accordance with the Florida General Contract Conditions. II. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the ACS, the terms of this Amendment shall control. III. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. Public Safety Communication Equipment- Phase One Page 1 of 2 Alternate Contract Source No.: 43190000-18-NASPO-ACS-1 Page 123 of 1207 IV. Effect. Unless as otherwise modified by this Amendment, all terms and conditions contained in the ACS shall continue in full force and effect. This Amendment sets forth the entire understanding between the parties with regard to this subject matter hereof. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Contractor: Department of Management Services Motorola Solutions is Name: Rosalyn Ingram Title: Director and Chief Procurement Officer Date: By: Name: Title: Date: Public Safety Communication Equipment- Phase One Alternate Contract Source No.: 43190000-18-NASPO-ACS-1 Page 2 of 2 Page 124 of 1207 IV. Effect. Unless as otherwise modified by this Amendment, all terms and conditions od o ts fJ cntaine•in the ACS shall cntinue in full force and eAmendme ffect. This nt se orth t entire understanding between the parties with regard to this subject matter hereof. I IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Contractor: Departmerg f Ma agement Services Motorola3'0l11Ut" S 17 By: By: ............ . ...... .... W . ........................ . ...................................................................... ...................................... .. ......... N I )1r 1 ame: Ros I n In rn Name: 1`and A,. "insloiri ....................................... .................. . . . ............. I . . ................. . ..................................................................................................... Title: Director nd 7ief Procurement Officer Title: MSSSI Vice President Date: Date: 2 20-20,19 ............................... I . . .... I ............................................................................... ............................................................................................... Public Safety Communication Equipment- Phase One Page 125 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 Department of MANAGEN SERVICES We serve those who serve Florida AMENDMENT NO.: 2 - Renewal Alternate Contract Source No.: 43190000-18-NASPO-ACS-1 Alternate Contract Source Name: Public Safety Communication Equipment, Phase 1: Radios, Consoles, Antennas, and Repeaters This Amendment No. 2 ("Amendment"), effective on the date of the last signature below, to Alternate Contract Source No. 43190000-18-NASPO-ACS-1, Public Safety Communication Equipment, Phase 1: Radios, Consoles, Antennas, and Repeaters ("Participating Addendum," "ACS," or "Contract"), is made by and between the State of Florida ("State"), Department of Management Services ("Department"), and Motorola Solutions ("Contractor'), collectively referred to herein as the "Parties." All capitalized terms used herein have the meaning assigned to them in the ACS, unless otherwise defined herein. WHEREAS, the Parties entered into the ACS, effective January 1, 2018, through July 1, 2020, for the provision of Public Safety Communication Equipment, pursuant to State of Washington Master Agreement No. 06913 ("Master Agreement"); WHEREAS, the Parties entered into Amendment No. 1, on March 21, 2019, which revised the July 1, 2020, end date of the ACS with the new end date, June 30, 2021; WHEREAS, the State of Washington and Contractor agreed to extend the Master Agreement through December 31, 2021; WHEREAS, the Department has evaluated the ACS and determined that continuation of the ACS is cost-effective and in the best interest of the State; WHEREAS, the Parties agreed that the ACS may be amended as provided in Section 6, Amendments, of the ACS; and WHEREAS, the Parties wish to renew and amend the ACS as set forth herein. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: I. Amendments. a) Exhibit A: Florida General Contract Conditions is hereby deleted in its entirety and replaced with the attached Exhibit B: Special Contract Conditions, July 1, 2019 Version. b) Exhibit B: Florida Special Contract Conditions is hereby deleted in its entirety and replaced with the attached Exhibit A: Additional Special Contract Conditions. c) Section 3, Participating State Modifications or Additions to Master Agreement, of the ACS is hereby deleted in its entirety and replaced with the following: Page 1 of 2 Page 126 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 Department of MANAGEN SERVICES We serve those who serve Florida AMENDMENT NO.: 2 - Renewal Alternate Contract Source No.: 43190000-18-NASPO-ACS-1 Alternate Contract Source Name: Public Safety Communication Equipment, Phase 1: Radios, Consoles, Antennas, and Repeaters 3. Contract Document and Order of Precedence. This Contract document and the attached exhibits constitute the Contract and the entire understanding of the Parties. All exhibits listed below are incorporated into and form part of this Contract. In the event of a conflict, the following order of precedence shall apply: 1) The ACS and amendments, with latest issued having priority 2) Exhibit A, Additional Special Contract Conditions 3) Exhibit B, Special Contract Conditions 4) Exhibit C, NASPO ValuePoint Master Agreement Number 06913 II. Renewal. In accordance with Section 2.2, Renewal, of Exhibit B, Special Contract Conditions, the ACS is hereby renewed for a period of six (6) months, effective July 1, 2021, with a new expiration date of December 31, 2021. III. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the ACS, the terms of this Amendment shall control. IV. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the ACS, as previously amended, shall continue in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Dep a,af„Management Services Lj�.ii(aw By: gra Name: Tami Fillyaw Title: Chief of Staff Date: 6/3/2021 13:07 PM EDT Contractor: Mot`; ,spill,4jons By: vlC,�4 N a a ie�Wft W, d de Title: Account Executive Date: 6/1/2021 13:32 PM EDT Page 2 of 2 Page 127 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 I'I i Department of MANAGEMENT SERVICES We serve those who serve Florida ADDITIONAL SPECIAL CONTRACT CONDITIONS EXHIBIT A The Contractor and Customers acknowledge and agree to be bound by the terms and conditions of the Master Agreement except as otherwise specified in the Department's Contract as modified and supplemented by the Special Contract Conditions and these Additional Special Contract Conditions. Contractor acknowledges that the Participating State is an agency of the State of Florida and as such, the Contract will include the terms and conditions in these Additional Special Contract Conditions. All references to the Contract in these Additional Special Contract Conditions include the terms and conditions herein. A. Orders: Contractor must be able to accept the State of Florida Purchasing Card and MyFloridaMarketPlace (MFMP) purchase orders. B. Contractor and Applicable Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers: By execution of a Contract, the Contractor acknowledges that it will not be released of its contractual obligations to the Department because of any failure of a subcontractor, reseller, distributor, or dealer. The Contract terms are applicable to subcontractors, resellers, distributors, and dealers and shall apply to the Contractor's Applicable Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers providing commodities and performing services in furtherance of the Contract. The Contractor is fully responsible for satisfactory completion of all work performed under the Contract. C. Purchases Prerequisites: Before fulfilling any Customer purchases and receiving payment, the Contractor and applicable Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers must have met the following requirements, unless further notated below: • Have an active registration with the Florida Department of State, Division of Corporations (www.sunbiz.org), or, if exempt from the registration requirements, provide the Department with the basis for such exemption. • Be registered in the MFMP Vendor Information Portal (h!!2s1 //vendor.myfloridamarketIace.com) *only required by applicable Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers if receiving payment. • Not be on the State's Convicted, Suspended, or Discriminatory Vendor lists (_htt://www.dms.m�florida.com/business operations/State �urchasin/vendor in formation/convicted suspended discriminatory com2laints vendor lists) • Have a copy of e -Verify Status on file Page 1'28 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 • Have a current W-9 filed with the Florida Department of Financial Services (htt�s://flvendor.myfloridacfo.com) *only required by applicable Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers if receiving payment. D. MFMP Electronic Invoicing: The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: 1) EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network (AN) for catalog and non -catalog goods and services. 2) PO Flip via AN This online process allows Contractors to submit invoices via the AN for catalog and non -catalog goods and services. Contractors have the ability to create an invoice directly from their inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. The Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third -party provider of MFMP, a State contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within MFMP. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third -party provider the right and license to reproduce and display within MFMP the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing if needed. E. Contract Reporting: The Contractor shall provide the following reports associated with this Contract. 1) Contract Quarterly Sales Reports. The Contractor shall submit Quarterly Sales Reports to the Department's Contract Manager within 30 calendar days after the close of each State fiscal quarter (the State's fiscal quarters close on September 30, December 31, March 31, and June 30). The Contractor's first Quarterly Sales Report will be due 30 calendar days after the first full quarter following Contract execution. Page 129 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 Reports must be submitted in MS Excel format and can be retrieved by accessing the following link at FL DMS Quarterly Sales Report Form. The report shall include all Customer sales received and associated with this Contract during the quarter. Initiation and submission of the Quarterly Sales Report is the responsibility of the Contractor without prompting or notification from the Department's Contract Manager. If no orders are received during the period, the Contractor must submit a report stating that there was no activity. If the Contractor fails to submit two consecutive quarterly sales reports, the Contract may be terminated, or the Department may choose to not renew the Contract. 2) Certified and Minority Business Enterprises Reports. Upon Customer request, the Contractor shall report to each Customer, spend with certified and other minority business enterprises in the provision of commodities or services related to the Customer orders. These reports shall include the period covered; the name, minority code, and Federal Employer Identification Number of each minority business enterprise utilized during the period; commodities and services provided by the minority business enterprise; and the amount paid to each minority business enterprise on behalf of the Customer. 3) Ad Hoc Sales Reports. The Department may require additional Contract sales information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit these documents and reports within the timeframe specified by the Department. 4) MFMP Transaction Fee Reports. The Contractor shall submit monthly MFMP Transaction Fee Reports to the Department. Reports are due 15 calendar days after the end of each month. Information on how to submit MFMP Transaction Fee Reports online can be located on the Transaction Fee and Reporting website. Assistance with the transaction fee reporting system is also available from the MFMP Customer Service Desk by email at feeprocessing(a-)myfloridamarketplace.com or telephone at 866-FLA-EPRO (866-352-3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. F. Financial Consequences: The following financial consequences will apply for the Contractor's non-performance of the provision of the Quarterly Sales Reports and the MFMP Transaction Fee Reports. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with these provisions of the Contract. The Contractor and the Department agree that the financial consequences for non-performance are an estimate of damages which are difficult to ascertain and are not Page 130 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 penalties. The financial consequences will be paid via check or money order and made out to the Department of Management Services in U.S. dollars within 30 calendar days after the required report submission date. These consequences are individually assessed for failures over each target period beginning with the first full month or quarter of the contract performance and every month or quarter, respectively, thereafter. Financial Consequences Chart Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July -September) — due 30 calendar days after close of the period Quarter 2 - (October -December) — due 30 calendar days after close of the period Quarter 3 - (January -March) — due 30 calendar days after close of the period Quarter 4 - (April -June) — due 30 calendar days after close of the period Page 131 of 1207 Financial Consequence for Performance Non - Due Date Performance Deliverable Performance Metric (Per Calendar Day Late/Not Received by the Contract Manager) Contractor will timely All Quarterly Sales Reports will Reports are $250 submit complete be submitted timely with the due on or Quarterly Sales Reports required information before the 30th calendar day after the close of each State fiscal quarter Contractor will timely All MFMP Transaction Fee Reports are $100 submit complete MFMP Reports will be submitted timely due on or Transaction Fee Reports with the required information before the 15th calendar day after the close of each month Quarterly reporting timeframes coincide with the State Fiscal Year as follows: Quarter 1 - (July -September) — due 30 calendar days after close of the period Quarter 2 - (October -December) — due 30 calendar days after close of the period Quarter 3 - (January -March) — due 30 calendar days after close of the period Quarter 4 - (April -June) — due 30 calendar days after close of the period Page 131 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 The Department may not consider renewal of a Contract or price adjustments if the Contractor is late on submitting required reports or for outstanding fees owed. G. Business Review Meetings: Both the Department and Customer reserve the right to schedule business review meetings. The Department or Customer will provide the format for the Contractor's agenda. In the event the Department or Customer schedules a business review meeting, the Contractor shall submit the completed agenda to the Department or Customer for review and acceptance prior to the meeting. The Contractor shall address the agenda items and any of the Department's or Customer's additional concerns at the meeting. At a minimum, the agenda items may include: a. Contract compliance b. Savings report (in dollar amount and cost avoidance) c. Spend reports by Customer d. Recommendations for improved compliance and performance Failure to comply with this section may result in the Contractor being placed on a Corrective Action Plan and possible termination of the Contract. H. 13.2 E -Verify: The Contractor (and its subcontractors) have an obligation to utilize the U.S. Department of Homeland Security's (DHS) E -Verify system for all newly hired employees. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E -Verify system for all newly hired employees. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. In order to implement this provision, the Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Department's Contract Manager within five (5) days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub -paragraph (2)(c)1, and the Department's obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one (1) year after the date of such termination. The Department reserves the right to order the immediate termination of any contract between the Contractor and a subcontractor performing work on its behalf should the Department develop a good faith belief that the subcontractor has knowingly violated section 448.095(1), F.S. Page 132 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 Exhibit B SPECIAL CONTRACT CONDITIONS JULY 1, 2019 VERSION Table of Contents SECTION 1. DEFINITION...........................................................................................................................2 SECTION 2. CONTRACT TERM AND TERMINATION.................................................................................2 SECTION 3. PAYMENT AND FEES.............................................................................................................3 61:1i19[0 L1ILIW4193L1III T41 2 LVA 1e1►1e[elaLVA 1a►I ! SECTION 5. COMPLIANCE WITH LAWS....................................................................................................6 SECTION 6. MISCELLANEOUS..................................................................................................................7 SECTION 7. LIABILITY AND INSURANCE........................................................................................................... 9 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY..............................................................................................................................................10 SECTION 9. DATA SECURITY..................................................................................................................12 SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS..........................................................13 61:1i19[0L151W4193►IIC TT412► [NLI1C0Iilk] I►[ C! SECTION 12. CONTRACT AUDITS...........................................................................................................15 SECTION 13. BACKGROUND SCREENING AND SECURITY......................................................................16 SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM....................................................17 In accordance with Rule 60A-1.002(7), F.A.C., Form PUR 1000 is included herein by reference but is superseded in its entirety by these Special Contract Conditions. SP approved version 7-1-2019 1 Page 133 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of the suspension. After receiving a suspension notice, the Contractor must comply with the notice and will cease the performance of the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. The Contractor will not resume performance of the Contract or purchase order until so authorized by the Department. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default, require correction, and specify the date by which the correction must be completed before the Contract is terminated; or (c) take other action deemed appropriate by the Department. SP approved version 7-1-2019 2 Page 134 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: 3.2.1 Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders; 3.2.2 Preferred Pricing. The Contractor guarantees that the pricing indicated in this Contract is a maximum price. Additionally, Contractor's pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those that are similar in size, scope, and terms. In compliance with section 216.0113, F.S., Contractor must annually submit an affidavit from the Contractor's authorized representative attesting that the Contract complies with this clause. 3.2.3 Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed: (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then -authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain sufficient detail for an audit and contain the Contract Number and the Contractor's Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract's term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor's performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing and may be reimbursed only in accordance with section 112.061, F.S. SP approved version 7-1-2019 3 Page 135 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer or Department unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of all prior agreements between the Parties on this subject matter. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager in a manner identified by the Department. 4.3 Department's Contract Manager. The Department's Contract Manager, who is primarily responsible for the Department's oversight of the Contract, will be identified in a separate writing to the Contractor upon Contract signing in the following format: Department's Contract Manager Name SP approved version 7-1-2019 4 Page 136 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 Department's Name Department's Physical Address Department's Telephone # Department's Email Address If the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4.4 Contractor's Contract Manager. The Contractor's Contract Manager, who is primarily responsible for the Contractor's oversight of the Contract performance, will be identified in a separate writing to the Department upon Contract signing in the following format: Contractor's Contract Manager Name Contractor's Name Contractor's Physical Address Contractor's Telephone # Contractor's Email Address If the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity. 4.5.1 Office of Supplier Diversity. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfo@dms.myflorida.com. 4.5.2 Diversity Reporting. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each agency purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES; SP approved version 7-1-2019 Page 137 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at gtt�;//w,,,, !ff112...........i,,,q,,,,,,,,,,,,,,,,,,,,,, , ,, g, 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers Is available at SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The provisions of subparagraphs 287.058(1)(a) -(c), and (g), F.S., are hereby incorporated by reference. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives all privileges and rights relating to venue it may have under Chapter 47, F.S., and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to, those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. SP approved version 7-1-2019 Page 138 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 5.4 Suspended, Convicted, and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Suspended Vendor List, Convicted Vendor List, or Discriminatory Vendor List during the term of the Contract. 5.5 Scrutinized Companies - Termination by the Department. The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State's Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The SP approved version 7-1-2019 Page 139 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract. 6.4 Inspection and Acceptance of Commodities. 6.4.1 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's bill of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's bill of lading and damage inspection report. 6.4.2 Rejected Commodities. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor, and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. SP approved version 7-1-2019 8 Page 140 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 6.7 Time is of the Essence. Time is of the essence regarding every obligation of the Contractor under the Contract Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. Agencies seeking to make purchases under this Contract are required to follow the requirements of Rule 60A-1.045(5), F.A.C. SECTION 7. LIABILITY AND INSURANCE. 7.1 Workers' Compensation Insurance. The Contractor shall maintain workers' compensation insurance as required under the Florida Workers' Compensation Law or the workers' compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers' compensation insurance for all of the latter's employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers' Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected. 7.2 General Liability Insurance. The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal and advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from performance of the Contract or completed operations, whether by the Contractor or anyone directly or indirectly employed by the Contractor. Such insurance must include the State of Florida as an additional insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. 7.3 Florida Authorized Insurers. SP approved version 7-1-2019 Page 141 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 All insurance shall be with insurers authorized and eligible to transact the applicable line of insurance business in the State of Florida. The Contractor shall provide Certification(s) of Insurance evidencing that all appropriate coverage is in place and showing the Department to be an additional insured. 7.4 Performance Bond. Unless otherwise prohibited by law, the Department may require the Contractor to furnish, without additional cost to the Department, a performance bond or irrevocable letter of credit or other form of security for the satisfactory performance of work hereunder. The Department shall determine the type and amount of security. 7.5 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Customer and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Customer. The Contract does not constitute a waiver of sovereign immunity or consent by the Customer or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Customer may provide the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. 7.6 Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT, AND INTELLECTUAL PROPERTY. 8.1 Public Records. 8.1.1 Termination of Contract. SP approved version 7-1-2019 10 Page 142 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F. S., made or received by the Contractor in conjunction with the Contract. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(x), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS, AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency 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, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.2 Protection of Trade Secrets or Otherwise Confidential Information. 8.2.1 Contractor Designation of Trade Secrets or Otherwise Confidential Information. If the Contractor considers any portion of materials to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be SP approved version 7-1-2019 11 Page 143 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 responsible for responding to and resolving all claims for access to Contract -related materials it has designated trade secret or otherwise confidential. 8.2.2 Public Records Requests. If the Department receives a public records request for materials designated by the Contractor as trade secret or otherwise confidential under Florida or federal law, the Contractor will be responsible for taking the appropriate legal action in response to the request. If the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential, the Department will provide the materials to the requester. 8.2.3 Indemnification Related to Confidentiality of Materials. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of materials as trade secret or otherwise confidential. 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers, and documents that were made in relation to this Contract. The Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State's Records Management website. 8.4 Intellectual Property. 8.4.1 Ownership. Unless specifically addressed otherwise in the Contract, the State of Florida shall be the owner of all intellectual property rights to all property created or developed in connection with the Contract. 8.4.2 Patentable Inventions or Discoveries. Any inventions or discoveries developed in the course, or as a result, of services in connection with the Contract that are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made through performance of the Contract, and such inventions or discoveries will be referred to the Florida Department of State for a determination on whether patent protection will be sought. The State of Florida will be the sole owner of all patents resulting from any invention or discovery made through performance of the Contract. 8.4.3 Copyrightable Works. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed through performance of the Contract are owned solely by the State of Florida. SECTION 9. DATA SECURITY. SP approved version 7-1-2019 12 Page 144 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 The Contractor will maintain the security of State of Florida data including, but not limited to, maintaining a secure area around any displayed visible data and ensuring data is stored and secured when not in use. The Contractor and subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside the United States due to Contractor's action or inaction. In the event of a security breach involving State of Florida data, the Contractor shall give notice to the Customer and the Department within one business day. "Security breach" for purposes of this section will refer to a confirmed event that compromises the confidentiality, integrity, or availability of data. Once a data breach has been contained, the Contractor must provide the Department with a post -incident report documenting all containment, eradication, and recovery measures taken. The Department reserves the right in its sole discretion to enlist a third party to audit Contractor's findings and produce an independent report, and the Contractor will fully cooperate with the third party. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer's or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not to be used for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to section 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract after the Contract is executed and during the Contract term. 10.3 Communications 10.3.1 Contractor Communication or Disclosure. The Contractor shall not make any public statements, press releases, publicity releases, or other similar communications concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. 10.3.2 Use of Customer Statements. The Contractor shall not use any statement attributable to the Customer or its employees for the Contractor's promotions, press releases, publicity releases, marketing, corporate communications, or other similar communications, without first notifying the Customer's Contract Manager and securing the Customer's prior written consent. SP approved version 7-1-2019 13 Page 145 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non -Performance 11.2.1 Proposal of Corrective Action Plan. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department or Customer determines that there is a performance deficiency that requires correction by the Contractor, then the Department or Customer will notify the Contractor. The correction must be made within a time -frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department or Customer. 11.2.2 Retainage for Unacceptable Corrective Action Plan or Plan Failure. If the corrective action plan is unacceptable to the Department or Customer, or implementation of the plan fails to remedy the performance deficiencies, the Department or Customer will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department or Customer for the retained amount. If the Contractor fails to resolve the performance deficiencies, the retained amount will be forfeited to compensate the Department or Customer for the performance deficiencies. 11.3 Performance Delay 11.3.1 Notification. The Contractor will promptly notify the Department or Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department's delay. 11.3.2 Liquidated Damages. The Contractor acknowledges that delayed performance will damage the DepartmentCustomer, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. SP approved version 7-1-2019 14 Page 146 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay, and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor's reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) calendar days after the cause that created or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers and the Department with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractors' data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida's Chief Financial Officer, the Office of the Auditor General also have authority to perform audits and inspections. SP approved version 7-1-2019 15 Page 147 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor's general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, the State of Florida's Chief Financial Officer, or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department or Customer may require the Contractor to conduct background checks of its employees, agents, representatives, and subcontractors as directed by the Department or Customer. The cost of the background checks will be borne by the Contractor. The Department or Customer may require the Contractor to exclude the Contractor's employees, agents, representatives, or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty-four (24) hours of all details concerning any reported arrest. Upon the request of the Department or Customer, the Contractor will re -screen any of its employees, agents, representatives, and subcontractors during the term of the Contract. 13.2 E -Verify. The Contractor must use the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the subcontractor must utilize the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E - Verify System, it will do so within five (5) calendar days of notice of Contract award and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E -Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E -Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes; (b) Information technology crimes; SP approved version 7-1-2019 16 Page 148 of 1207 DocuSign Envelope ID: 845D5B2D-BEB9-4A2F-8C74-2C95D2085692 (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i) Violations involving checks or drafts; Q) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the commodities or contractual services provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. WARRANTY OF CONTRACTOR'S ABILITY TO PERFORM. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. SP approved version 7-1-2019 17 Page 149 of 1207 State of Washington Contracts & Procurement Division Motorola Solations, Inc. Department of Enterprise Services 24000 35th Ave SE P.O. Box 41411 Bothell, WA 021®0000 Olympia, WA 98504-1412 THIRD AMENDMENT TO NASPO VALUEPOINT MASTER AGREEMENT No. 06913 PUBLIC SAFETY COMMUNICATIONS EQUIPMENT This Third Amendment ("Amendment")«- ValuePoint06913 e and entered into by and between the State of Washington acting by and through the Department of Enterprise b, ter. d Motorola Delaware corporationr dated and effective as of July 1, 2021. 1 111:0111 CA 1101 A. State and Contractor (collectively the "Parties") entered into that certain NASPO Value Master Agreement No. 06913 o ; PublicMns Equipment dated effective as of October 30, 2015 a. Amendment One, dated effective July 1, 2016 extended the Master Agreement through June 30, 2018. . Amendment Two, dated effective July 1, 2018 extended the Master Agreement through June 30, 2021. AGREEMENT Aow THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Parties nereby agree to amend 1. ' . Master Agreement,amended, follows - MASTER Agreement No. 06913 through December 2. No CHANGE OTHER THAN AMENDMENT. Except as amended herein, the Master Agreement unaYected,pt4 remains it, er effect. 3. INTEGRATED AGREEMENT; MODIFICATION. This Amendment constitutesentire agreement understandingPartiesto the subject matter and supersedes negotiations and representations. In the event of any conflict between this Amendment and tj NASPOVALUEPOINT MASTER AGREEMENT No. 06913 -AMENDMENT No. 3 Page 1 (4-24-2017) Page 150 of 1207 Master Agreement or any earlier amendment, this Amendment shall control and govern, This Amendment anot be modified except in writing signed Parties.by the I' AUTHORITY.„ Y and each f s , signing on behalf of each party, authorizedhereby represents and warrants to the other that it has full power and authority to enter into this Amendment and that its execution, delivery, and performance of this Amendment has been fully # , and „w o further approvals or consents are eY e7 to bind such party. 5. ELECTRONIC SIGNATURES. 1( signedcopy Amendmentor any otherancillaryg ee”' fy transmitted by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal delivery of an original Amendment *,' other ,c e -purposes. instrument6. COUNTERPARTS. This Amendment may be executed in one or more Counterparts, each of which shall be deemed an original, and all of which counterparts together shall constitute the same which may be sufficiently by one counterpart. Amendment at different times and places by the parties shall not affect the validity thereof so long as allthe parties hereto execute a counterpartAmendment. Yc,. 1,11: + By:. r »»� wmNfM ' �8'li,"Ym 7a ��»»>�� ..........„m...... Name: ell Thomas Title® Regional Vice President - West., ate® 5/21/21 ;{t , F WASH I � y� ti. $a Name: Kim Kirkland Title: IT Procurement Supervisor 5/21/2021 NASPO VALUEPOINT MASTER AGREEMENT NO. 06913 - AMENDMENT No. 3 Page 2 (4-24-2017} Page 151 of 1207 V tl �dk @ � � � Ir � � I � � Ild � � I � � 1 � A \ Vlt Q �Oa @ 0' f , m w �� a �� I ils ^II " N � �� i, �n�� u�,r � � ml� ;;,� ", �"�� , �,;�� IIS' ;� ' �� ;�I� � �� ,�,'� � �� ul�, o, � h IIS �� 1 � , �,�� ,M � �,� d� �� IIS � ��,�� II�� Ill 211.311.2 "fol n I' 1II ,i "1 Mq I IIV II Final Audit Report 2021-05-21 Created: 2021-05-21 By: Neva Peckham (neva.peckham@des.wa.gov) Status: Signed Transaction ID: CBJCHBCAABAAnVismafMOkgcb4RICjaObNDSEAUoFbSH "06913 Motorola -AMM -Final extension thru 12.31.21_Signed_N T" H istory Document created by Neva Peckham (neva.peckham@des.wa.gov) 2021-05-21 - 4:46:32 PM GMT- IP address: 198.238.242.30 Document emailed to Kim Kirkland (kim.kirkland a@@des.wa.gov) for signature 2021-05-21 - 4:46:54 PM GMT Email viewed by Kim Kirkland (kim.kirkland@des.wa.gov) 2021-05-21 - 4:55:18 PM GMT- IP address: 104.47.65.254 Document e -signed by Kim Kirkland (kim.kirkland@des.wa.gov) Signature Dale: 2021-05-21 - 4:56:26 PM GMT - Time Source: server- IP address: 198.238.242.30 y' Agreement completed. 2021-05-21 -4:56:26 PM GMT Adobe Sign Page 152 of 1207 6.B. Consent Agenda 7/6/2021 11 D City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 7/6/2021 Requested Action by Commission: Legal Expenses - May, 2021 - Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received thru Risk Management are also included. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Attachirneint D Attachirneint D Attachirneint D Attachirneint Description (:)oire'n Clh eirof li any 2021Il ir:vr.:alices (:)oire'n Clh eirof Risk Il.....lifliga litigation I any 2021 1 nv(..:)lic'es f"fUltside COL.aiir:a:e(-') siraci I any 2021 Joines Il:::::c.:a:>teir Tt.)wn wry gUia ire litigation I any 2021 Page 153 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Special Fire Assessment ACCOUNT NO STATEMENT NO HOURS 05/14/2021 MDC Confer with JAC; continue to prepare memo on adoption of assessment resolutions for FY22. 0.40 05/17/2021 MDC Follow upon assessment schedule. 05/19/2021 MDC Review and revise memo; discuss assessment schedule with City staff. 05/20/2021 MDC Revise memo to confirm dates for hearings and related deadlines. 05/26/2021 MDC Revise and final annual timing memo. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 1.90 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/02/2021 306-0005370 36263 0.30 0.30 0.70 0.20 1.90 389.50 TOTAL $389.50 389.50 $389.50 Page 154 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson LABOR - General ACCOUNT NO STATEMENT NO HOURS 05/03/2021 SHB Telephone conference with LL re: Zavattaro pre -d. 0.30 05/11/2021 SHB Complete review of pre -d and discuss investigation matters with DG; review EEOC guidelines. 1.00 05/13/2021 SHB Review documents re: employee arrest; discuss with Oldbury. 0.20 05/20/2021 SHB Attend Police Attorneys meeting re: recently filed legislation and effect/implementation for police departments. 0.50 05/22/2021 JAC Review and research regarding police pension ordinance proposed amendment/185 contributions 1.00 05/27/2021 SHB Review pre -d packets and attend pre -d conferences for Tyson and Sims. Discuss various pending matters with Oldbury. Review LCA and follow up with Oldbury. 3.00 FOR CURRENT SERVICES RENDERED 6.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.00 $205.00 $205.00 SHANA H. BRIDGEMAN 5.00 205.00 1,025.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 06/02/2021 306-0603180 36264 1,230.00 $1,230.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 155 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Red Light Cameras ACCOUNT NO STATEMENT NO L�� 05/03/2021 PE Updated tracking log, updated SHB calendar, sort and organized subpoenas. Looked up each case on clerks website 5.00 SHB Correspondence from Monica Bee re: dismissal request; transmit to PD for review. 0.10 05/04/2021 PE Sort organized and prepared notices for 5/25/21 hearing. 2.80 05/05/2021 SHB Review and approve NOls. 0.20 05/06/2021 PE Changed the date and prepared 23 notices, converted to PDF/A and e -filed. Sent prose notices to printer for mailing. 3.20 05/14/2021 PE Prepared 5 notices for 5/25/2021 hearing. Updated TABs, updated SHB calendar. 3.70 05/17/2021 PE Changed the date, converted to PDF/A and e -filed 5 notices. Updated tracking log. 1.90 05/18/2021 PE Changed the date, corrected and e -filed 5 notices for 5/25/21 hearing. 1.00 05/19/2021 SHB Follow up with Hawkins re: respondent request for case dismissal. 0.10 05/25/2021 PE Looked up 46 cases on the clerks web site for 6/8/2021 hearing 3.00 05/26/2021 PE Sort organized and prepared 17 notices for 6/8/2021 hearing. 2.30 05/27/2021 PE Sort organized and prepared notices. 2.90 05/28/2021 PE Sort organized and prepared 29 notices for 6/8/2021 hearing. Sent prose notices to printer for mailing, converted to PDF/A and e -filed. 7.50 FOR CURRENT SERVICES RENDERED 33.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 PATRICIA EUGENE 33.30 125.00 4,162.50 Page: 1 06/02/2021 306-0806020 36265 4,244.50 Page 156 of 1207 CITY OF BOYNTON BEACH Red Light Cameras Photocopies TOTAL EXPENSES THRU 05/31/2021 TOTAL CURRENT WORK BALANCE DUE Page: 2 06/02/2021 ACCOUNT NO: 306-0806020 STATEMENT NO: 36265 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 6.65 6.65 4,251.15 $4,251.15 Page 157 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 06/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9001821 Boynton Beach FL 33435 STATEMENT NO: 36266 Attn: Lynn Swanson General Matters 05/04/2021 SHB Office hours at City Hall. Various correspondence with Kuntzman re owner/builder matters. Receive and review documents from Weiss re: artist HOURS 05/03/2021 QEM Review of notes; telephone conference with Captain Burdelski re: GrayKey 5.70 QEM I LA. 0.40 HN Review of emails with City manager regarding emotional support livestock letter. Discussion with Lynn Swanson. 0.20 HN Review of peer support training contract. Email to Hugh Bruder with draft. 0.30 DS Researched residential eviction moratoria and reviewed administrative orders from the Supreme Court of Florida and 15th Judicial Circuit. 1.20 QEM Review of email correspondence and attached letter re: ITB 002-2511-21/RW - Oyer Park Boat Ramp Improvement ProjectBid Protest filed by Poseidon Dredge & Marine, Inc. 0.90 SMS Review ILA for Designs with HWCBB and related correspondences 1.30 JAC Office administration hours; participate in senior staff pre -meeting conference call;Review short term telecommuting agreement; follow up 2.00 JAC regarding Isram agreement; Miscellaneous research regarding lead pipe water distribution liability issues; review treasury department emergency rental assistance data; 6.00 05/04/2021 SHB Office hours at City Hall. Various correspondence with Kuntzman re owner/builder matters. Receive and review documents from Weiss re: artist agreement; telephone conference with Weiss. 5.70 QEM Review of additional materials provided by Poseidon re: bid protest; coordinate scheduling with staff; telephone conference with Ms. Pinto re: matter. 1.40 HN Discussion with JAC regarding dissolution of the QPODD. Review of Chapter 189, Florida Statutes. Review of ordinance creating QPODD and other related documents. Reviewed what other cities in Florida did to dissolve. Started drafting ordinance to dissolve the QPODD. Drafted memo related to QPODD dissolution ordinance. Review of email from JAC. Edit to ordinance. 2.60 MDC Review materials, telephone call with City staff on water utility matter. 0.70 SMS Review, calls, and correspondences with staff related to Release of Unity of Title for Taco Bell property; Review of ILA with Delray Beach for Lake IDA 2.00 JAC Prepare for and attend and follow up notations on city commission meeting; contact city clerk regarding possible communications with supervisor election regarding special qualifying period; discuss same with Jacob Horowitz; review release of unity of title/Taco Bell site; preparation of documentation and research concerning termination of QPODD; update review of Vice Mayor selection process and develop options; evaluate Governors executive orders regarding facemasks and office re -openings for city Hall and city buildings; Retrieve and send monument ordinance to commission; 5.50 Page 158 of 1207 CITY OF BOYNTON BEACH General Matters Page: 2 06/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 36266 05/05/2021 SHB Office hours at City Hall. Various correspondence and discussions re: code liens and lien releases. Discuss various matters with JAC, MDC, SS. SMS Call with staff and review of materials on ILA with Delray for water quality sampling QEM Review of email correspondence re: Suga Development property 130 SE 14th Avenue and possible closing on property. HN email exchange with JAC and Lynn re: dissolution of QPODD. DS Drafted email re: GCI Addendum. Drafted email re: e-verify/art in public places. JAC City commission meeting follow up; discussion with assistant CityAttorneys; conference call regarding bamboo Lane and Palmer Road sewer connection issues; review Sylvia Blumenfeld water leak issue and bill adjustment; review assistance CityAttorney assignments and on site hours; 05/06/2021 QEM Review and respond to correspondence from Poseidon counsel re: bid protest procedure; discuss matter with Mr. Cherof. SHB Review ESRI video and documentation re: ADA accessibility; attend meeting with staff. Discuss various chronic nuisance matters with Cafaro. Telephone conference with Clerk and fstaff re: 205 Gulfstream Blvd. lien matters. 05/07/2021 DS Reviewed and revised youth orchestra contract. Researched background screening requirements. SMS Telephone conference call to discuss amendments to Oceanfront Easement and related revisions. HN Follow up email exchange with Lynn re: filing a surplus funds claim prior to the 15th of this month. JAC Review hurricane expo form document; review canine transfer of ownership issue; review and approve Journey Church use agreement; prepare and send implementing governors executive orders memo; follow up on selection of vice mayor; Review weekend assignments and Assistant City Attorney issues; follow up research other governmental entities reopening rules JAC Telephone conference with manager to review pending issues SHB Follow up with City re: 205 Gulfstream Blvd. Begin review of agenda items. 05/10/2021 DS Reviewed and revised YOPBC Summer Camp Agreement. Discussed YOPBC Agreement with City. HN Preparation and attendance of phone conference with Mike Rumpf and Adam Temple regarding sign code ordinance revisions, timeline and questions. Combining HN version of ordinance and Mike's version into one version to work off of. Review of Mike's most recent comments and edits. Discussion with Lynn re: QPODD ordinance. Research relating to the exhibition of immoral or indecent words. Discussion with Mike Rumpf. Email to Mike Rumpf with most recent version of sign code ordinance. JAC On-site review and preparation related to Commission agenda items; follow up research regarding state request for opioid litigation settlement joinde; Additional agenda item review SMS Review calls and correspondences related to Lake Ida Agreement with Delray Beach and review of revisions; Correspondences related to Knuckles release. HOURS 4.00 0.90 0.40 0.10 0.10 5.00 0.40 09Yt 2.10 0.80 0.10 4.60 1.00 0.60 2.20 3.70 3.00 3.10 Page 159 of 1207 Page: 3 CITY OF BOYNTON BEACH 06/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 36266 General Matters 05/11/2021 HN Research as to whether providing for varying sizes depending on the type of sign is contrary to the reed case. Edits to sign code ordinance related to definitions and relief from setback requirements. Review of other municipal ordinances and how "human signs" were categorized and defined. Review of legal articles relating to reed's impact on municipal ability to separate regulations depending on the type of sign. Email to Mike Rumpf. DS Reviewed and revised Instructor Agreement. JAC Agenda review in preparation; SMS Correspondences on Lake IDA ILA SHB Office hours at City Hall. Various correspondence re: reasonable accommodation matters; discuss with Rumpf and revise agreement language. 05/12/2021 DS Drafted email re: YOPBC Summer Camp Agreement. Discussed YOPBC Summer Camp Agreement and Recreation Agreements in general with Parks. Revised YOPBC Summer Camp Agreement and related attachments. HN Review of legal analysis re: Reed case and sign content -neutral requirement. Phone discussion with Mike Rumpf. Email to JAC regarding direction of content neutrality and current size requirements based on content. Review of email from Lynn Swanson regarding new plastic waste reduction ordinance language in the City's RFPs and vendor agreements. Review of new plastic waste reduction ordinance. SHB Review and approve agenda items. Follow up re: chronic nuisance matters; receive and review additional reports from Cafaro. Follow up with Radigan re: ESRI matters. Attend meeting re: masks and public spaces; research re: local library mask regulations. Discuss pending matters with JAC. MDC Review materials, utility e-mails, and attend office hours at City Hall. JAC Review and approve agenda items; Review and call with L. Allen and JR regarding facemasks on city property, city buildings, and city public meetings SMS Call and review related to ILA on Seawalls 05/13/2021 SHB Office hours at City Hall. Attend Chronic Nuisance meeting. Meeting with staff re: ESRI matters. Review agenda items; discuss with Chief Gregory. Follow up re: art board matters. HN Edits to polystyrene language to include in RFPs and contracts from Rebecca Harvey and email to her with revised draft language. Also, left Rebecca a voice message. Additional research related to hate speech in murals and if it can be regulated and if so, how. DS Participated in Risk Zoom call re: Insurance and COI review. JAC Agenda review and finalization of CAO review; Call and follow up with Amanda R regarding reversionary selling provision of development agreement; follow up research for guarding same and outline draft language for development agreement 05/14/2021 SHB Review agenda items. Telephone conference with Snow and Maracotta re: Axon agreement; revise agreement and send to PD for review wit Axon. HN Called Sonia Hall back regarding a concern of a lien on property. Email exchange with JAC. QEM Review of email correspondence and documents forwarded by Ms. Swanson re: closeout of proposal for Bldg Dept Analysis 08 19 19 -CAP Analysis; coordinate with Ms. Swanson and Ms. Grissom re: matter. �� 2.50 0.20 4.00 0.30 K11dt Wit 951 3.00 1.50 1.80 0.30 1.90 1.20 2.50 2.00 0.10 1.70 Page 160 of 1207 Page: 4 CITY OF BOYNTON BEACH 06/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 36266 General Matters JAC Review published city commission meeting agenda, follow up discussion with attorneys regarding state wide opioid MOU; review assistant city attorney assignments; review pleadings and correspondence concerning pending tort defense cases; conference with MC to discuss Sara Sims plat title issue; follow up with Director of Parks and Recreation regarding same; follow up regarding certificates of substantial completion and documents requested by Mayor 05/16/2021 JAC Telephone conference with CityManager regarding pending issues 05/17/2021 QEM Review of email correspondence from title company and staff re: lien payoff �� 1.00 05/19/2021 HN for 130 SE 14th Avenue/Sugg Development. 0.20 HN Review of email from Rebecca Harvey regarding the polystyrene ordinance agreement language. Review of Reed case and analysis relating to 1.80 QEM requirement of content -neutrality. Phone discussion with JAC. 0.60 SMS Review and Correspondences for ILA for Lake Ida; Review information 2.30 QEM related to Release of Unity of Title and additional Unity of Title for Knuckles on lots 1 & 2. 2.50 QEM Review of email correspondence re: Security Camera Registration Program; begin draft of template MOU for program. 2.90 JAC On-site office and assignment administration; conference with Mayor and 1.20 SHB CityManager; discuss assignments with GB and MC 7.50 SHB Review status of bills signed by Governor and update spreadsheet; 1.00 JAC evaluate new legislation to determine issuance of memoranda to client. 1.00 05/18/2021 JAC Prepare for, attend, and follow up city commission meeting; review correspondence regarding Kanter input on crosswalks 6.00 QEM Continue work on drafting MOU for Security Camera Registration Program. 1.60 SMS Review and Correspondences on Oceanfront Park Easement Agreement. 0.50 SHB Receive and review various correspondence re: trespass matters; follow up with PD re: additional reports. Receive and review inquiry re: Citrus Cove rental matters. 0.60 05/19/2021 HN Email to JAC cc Lynn Swanson regarding sign code ordinance. 0.20 QEM Review and evaluation of bid protest procedures; research and analysis of alternate procedures. 1.80 QEM Finalize draft documents for security camera registration program; transmits documents to DC Snow for review and discussion. 2.30 QEM Begin review of EZGO contract issues; correspond with staff re: proper party issue. 1.90 SMS Correspondences and review of final Oceanfront Park Easement with the County 0.20 MDC Attend office hours; review contracts and discuss budget timeline with LL. 1.20 SHB Various correspondence and discussion re: trespass matters. Discuss facility rental matters with City; review reso and interlocal agreement. 1.00 JAC Budget preparation; review Palm Beach schools in Palm Beach County public hearing dates and discuss town square trial settings with Gal;Review sign code ordinance revisions and content neutral caselaw issues; 1.50 DS Researched HB 628. Drafted legislative update memo re: HB 628. 0.40 05/20/2021 SMS Review Unity of Title for Knuckles LLC on Lots 1 & 2, and Lots 3, 4, & 5; Review Bill of Sale and ILA with Hypoluxo for Water Distribution System. 1.70 QEM Review of notes and follow-up with staff re: Proposal for Bldg Dept Analysis CAP Analysis (PO 200348 CAP analysis). 0.70 Page 161 of 1207 CITY OF BOYNTON BEACH General Matters Page: 5 06/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 36266 GB Telephone conference call with City regarding ramp erosion caused by large vessels. HN Preparation for phone conference re: sign code ordinance. Phone conference with Adam Temple and JAC re: sign code ordinance. MDC Review budget/millage adoption schedule; provide comments; forward to City. SHB Office hours at City Hall. Review NDA agreement and follow up with staff. Review additional Axon policies and review comments from Axon re: taser agreement; send comments back to PD and Axon. Review various document re: trespass matters and follow up with Laverriere. JAC Review facilities lease document policies and related park funding document; miscellaneous prep regarding assistant city attorney assignments; prep regarding budget workshops; post legislative session review regarding municipal impacts;Review convenience of water distribution system Town of Manalapan 05/21/2021 QEM Review of email correspondence from Mr. Clark re: Drone Races - Library HOURS 0.30 0.40 0.90 3.00 !WLt 2.30 0.50 1.60 ..o 5.20 0.30 7.00 2.70 5.40 0.30 Page 162 of 1207 Summer Reading Club Kickoff; review of law re: drone regulations; correspond with Mr. Clark re: questions; review and evaluation of responses and advise Mr. Clark on matter. SHB Continued review of status of bills signed by Governor; update spreadsheet. Evaluate new legislation to determine issuance of memoranda to client; discuss additional memoranda with KLE. SMS Draft Bill of Sale and Easement for transfer of water distribution facility with Hypoluxo JAC Follow up on revisions to monuments policy for inclusion in commission agenda; discuss five-year strategic planning meeting with LS and SBA; review drone racing liability issue; follow up regarding journey church land -use agreement; discuss Caliendo motion for a cost issue with GB; follow up on title search issues; review Mangrove Park permitting issue;Review landscape debris stock pile and Code amendment from Mike Rumpf 05/24/2021 JAC Call with Gary' 'Dunmyer regarding mangrove Park; follow up and supplemental review of lease termination options; review Granados notice plea conference; call with Gal Betesh regarding availability of town Square records/mayors request; review cemetery Interment issue; Review agenda items and miscellaneous follow up regarding each; review pending Assistant City Attorney assignments and monitor records related to same. QEM Review and respond to inquiry from DC Snow re: Security Camera Registration Program. SHB Office hours at City Hall. Review various agenda items - Axon, land use, close door, vice mayor, opioid. Attend strategic planning meeting. Receive and review various correspondence re: cemetery plots; discuss with Gibson. Review and sign employment letters. 05/25/2021 QEM Review and evaluation of Comcast Agreement for Comcast to provide connectivity to City Hall in light of questions raised by Mr. Stevens; respond to Mr. Stevens re: matter. SMS Prepare for and Attend Planning and Development Board Meeting; Review Ground Lease Appraisal for Church Property; Correspondences related to UOT for Knuckles property. QEM Telephone conference with Mr. Clark re: Library Advisory Board. HOURS 0.30 0.40 0.90 3.00 !WLt 2.30 0.50 1.60 ..o 5.20 0.30 7.00 2.70 5.40 0.30 Page 162 of 1207 Page: 6 CITY OF BOYNTON BEACH 06/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 36266 General Matters HOURS DS Reviewed and analyzed Ch. 70, Florida Statutes. Reviewed HB 421. Drafted legislative update memo re: HB 421. Revised legislative memo re: HB 628. 0.70 SHB Review and approve additional agenda items. Various correspondence and discussions with PD re: Axon agreement. Follow up with Radigan re: ESRI matters. 1.50 05/26/2021 QEM Preparation for and attend library advisory board meeting. 2.80 DS Discussed Library Kick Off Drone Race with Risk. Researched 0.90 JAC Conference call regarding park permit and use fees; call with CityManager regarding town Square strategy; follow up with LS regarding close door sessions and pending matters; call with Matt Doyle regarding Girl Scouts 1.40 QEM Park intrusion and vandalism; follow up review of assistance CityAttorney assignments; call with Mike Cirullo regarding special assessments; Sara 0.50 JAC Simms park 5.00 MDC Office hours at City Hall; miscellaneous review of pending items. 1.50 SHB Attend meeting re: ESRI and ADA matters. Telephone conference with PD and Axon re: taser contract; revise, finalize, and transmit final contract to 3.50 SHB Axon for signature. 1.50 SMS Review of Hypoluxo Plats and Easements as prep for call with Hypoluxo 0.20 05/28/2021 SMS City Attorney based on transfer of Water Distribution System; Call and 0.30 QEM correspondences related to P & D Board Meeting. 2.10 05/27/2021 QEM Review and respond to email correspondence from Ms. Pinto re: EZGO Page 163 of 1207 agreement. 0.20 SMS Call and correspondences and Review/compare revisions to Lake Ida ILA; Call and correspondences related to assignment of Easements for Hypoluxo water distribution system; Review of Agreement with Hypoluxo from City Staff. 1.40 QEM Review of email correspondence from Ms. Swanson re: Envisio Software Contract; begin review of issue. 0.50 JAC Review and update regarding board meeting attendance, absences, and attendance telephonically; check AGOs for updates; call with and review issue regarding an authorized boat ramp usage/Kacy Young; review ACATTY assignments 3.50 SHB Various correspondence with CLerk, Axon, and Kathryn re: contract matters. 0.20 05/28/2021 SMS Review FAU Lease for Incubator Space 0.30 QEM Continue review of Envisio Agreement documents; follow-up with staff re: notices to Envisio. 1.70 SHB Receive and review final signed version of Axon agreement. Research re: ADA website accessibility matters. Follow up re: taser contract. 0.80 JAC Review regarding modern medicine versus progressive American insurance company litigation; follow up regarding opioid litigation; review published agenda for commission meeting; review state and local COVID-19 related orders and cancellation of orders; Follow up regarding Girl Scout park/discuss with Matthew Doyle; review FAU tech runway Lease agreement 4.20 FOR CURRENT SERVICES RENDERED 208.90 18,385.92 TOTAL CURRENT WORK 18,385.92 Page 163 of 1207 CITY OF BOYNTON BEACH General Matters BALANCE DUE Page: 7 06/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 36266 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $18,385.92 Page 164 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Litigation Miscellaneous ACCOUNT NO STATEMENT NO L�� 05/03/2021 HN Review of notice of demolition re: 1101 N Federal Highway. Edit to notice, review of email from JAC to proceed. Called John Kuntzman and left a voice message. Emailed John with attached notice and suggestions on proceeding with the demolition re: notice to the owners. 0.40 05/05/2021 BJS Review Motion to Return Property, review online docket, and follow up telephone call with Greg Cafaro 1.00 05/06/2021 BJS Review correspondence and follow up re: Miguel Afanador/Motion to Return Property 0.50 05/07/2021 MDC Conference call with Jim Cherof and Gal Betesh. 0.40 05/10/2021 BJS Telephone call with Greg Cafero and draft follow up correspondence re: Return of Firearm 0.60 05/14/2021 BJS Review and revise draft order returning firearms re: Afandor 0.70 05/17/2021 HN Review of email from John Kuntzman regarding demolition of 1101 N. Federal Highway. Phone discussion with John Kuntzman. 0.20 BJS Telephone call with Glenn Mitchell re: Return of Firearm 0.30 05/21/2021 MDC Telephone call with Gal Betesh and Jim Cherof on status of pending cases. 0.50 JAC Weekly litigation review conference with SBA and MC; Follow up review of weekly pleadings and correspondence related cases 1.20 JAC Review pleadings regarding hearing for removal of animal Floyd and Morgan and Josephine Daffin 0.30 05/24/2021 BJS Review Return of Property form, review proposed order re: Return of Firearm/Afanador, follow up on Restitution matters, and telephone call with Greg Cafero, telephone call with and draft follow up correspondence re: Forfeiture/Malave with review of reports and telephone call with Tom D'Andrea 1.80 05/26/2021 BJS Review reports re: Debbie Colunga and telephone call with Mara Frederiksen, draft follow up correspondence, review police reports re: Kevnin Garandos and follow up with Termaine Johnson, telephone call with Tom D'Andrea re: Forfeiture settlement and draft follow up correspondence, begin review of property release forms for Greg Cafaro 1.80 Page: 1 06/02/2021 306-9904950 36267 05/28/2021 BJS Review correspondence and follow up re: Adam Franzen, Esq., motion to Page 165 of 1207 CITY OF BOYNTON BEACH Litigation Miscellaneous return property, follow up re: incorrect filing, follow up re: Upcoming Evidence Destruction Request FOR CURRENT SERVICES RENDERED Page: 2 06/02/2021 ACCOUNT NO: 306-9904950 STATEMENT NO: 36267 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 1.50 $205.00 MICHAEL D. CIRULLO 0.90 205.00 HEATHER NEEDELMAN 0.60 205.00 BRIAN J. SHERMAN 7.60 205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS no ME TOTAL $307.50 184.50 123.00 1,558.00 2,173.00 $2,173.00 Page 166 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Town Square Development 05/03/2021 DJD Participate in conference call with City Commission members. 05/24/2021 GB Reviewed documents provided by E21- for final payment. 05/25/2021 DJD Review email from Eastwind; telephone call with JAC; Telephone conference with City Manager. FOR CURRENT SERVICES RENDERED ACCOUNT NO STATEMENT NO RECAPITULATION TIMEKEEPER HOURS HOURLY RATE D.J. DOODY 2.70 $205.00 GAL BETESH 1.10 205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/02/2021 306-9905263 36268 HOURS 2.00 1.10 0.70 3.80 779.00 TOTAL $553.50 225.50 779.00 $779.00 Page 167 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) HOURS 05/03/2021 HN Review of email exchange between DJD and JAC re: discussion with Daniel Rose. 0.20 05/21/2021 CLD Drafted Certificate of Service for admin order; a -filed same; drafted email to Daniel Rose re: compliance with the admin order. 0.60 FOR CURRENT SERVICES RENDERED 0.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 0.20 $205.00 $41.00 CYNTHIA L. DUNN 0.60 125.00 75.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 06/02/2021 306-9905432 36269 116.00 $116.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 168 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 06/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905433 Boynton Beach FL 33435 STATEMENT NO: 36270 Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) Photocopies 140.00 TOTAL EXPENSES THRU 05/31/2021 140.00 TOTAL CURRENT WORK 973.50 BALANCE DUE $973.50 Page 169 of 1207 HOURS 05/06/2021 HN Review of 15th judicial district mandates re: CMC and determining how it will impact this case. 0.10 05/11/2021 HN Review of pleadings and statutory requirements relating to motion to strike Karen Ho's affirmative defenses and motion to strike Wing Ho's affirmative defenses in reparation for hearing early next month. 1.80 05/14/2021 HN Started coordinating what has to go in binder for Judge for 6/7 hearing. Review of amended complaint and related motions. 1.00 05/18/2021 HN Review and edit of index that will be sent to the Judge prior to 6/7 hearing. 0.20 05/21/2021 HN Review of court order and coordination to serve defendants with court order re: agreed case management plan. Review of certificate of service with the court order re: admin order that was filed with the court. Review of draft language to be sent in an email to Karen and Wing Ho about conferring relating to the court's most recent order with a deadline of July 1. 0.50 CLD Drafted Certificate of Service for new admin order; e -filed same; drafted email to defendants re: compliance with the order. 0.60 05/27/2021 HN Email to MDC cc JAC re: hearing on City's motion to strike affirmative defenses. 0.10 FOR CURRENT SERVICES RENDERED 4.30 833.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 3.70 $205.00 $758.50 CYNTHIA L. DUNN 0.60 125.00 75.00 Photocopies 140.00 TOTAL EXPENSES THRU 05/31/2021 140.00 TOTAL CURRENT WORK 973.50 BALANCE DUE $973.50 Page 169 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Stoll, Devon RPO 05/12/2021 SHB Review file and follow up with PD re: extension of RPO. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.30 0.30 RECAPITULATION HOURS HOURLY RATE TOTAL 0.30 $205.00 $61.50 Page: 1 06/02/2021 306-9905487 36271 61.50 61.50 $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 170 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Bamboo/Palmer Special Assessment L�� 05/04/2021 DS Drafted email re: 171.046 annexation. Reviewed City Code re: requirement to connect and pay. 0.50 05/05/2021 DS Discussed 2011 annexation with J.A.C. Researched Ch. 180. Participated in call with BB Utilities Team, M.D.C. and J.A.C. 1.00 MDC Review materials and attend call with City staff. 0.30 05/06/2021 DS Reviewed Country backup for Annexation Agreement for 3705 N. Federal Hwy. Researched annexation. 0.40 05/12/2021 DS Drafted email re: WSA signed agreements. 0.10 05/17/2021 DS Reviewed map of bamboo/palmer. 0.20 FOR CURRENT SERVICES RENDERED 2.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.30 $205.00 $61.50 DANIELLE SCHWABE 2.20 205.00 451.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 06/02/2021 306-9905495 36272 512.50 $512.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 171 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 06/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905525 Boynton Beach FL 33435 STATEMENT NO: 36273 Attn: Lynn Swanson v. JKM BTS CAPITAL, LLC (Declaratory Action) L�� 05/03/2021 GB Emails with mediator Pozzuoli's office regarding mediation dates. Emails with JAC and Jones Foster regarding mediation. Telephone conference call with JAC regarding status. Email with City regarding Geotech. Telephone conference callS with City, JAC and DJD regarding lawsuit. 2.30 JAC Calls and communications regarding cancellation of closed door; Follow up with Colin Groff (left message) 1.20 IR Receipt and review of Defendant, JKM-BTS, First Request for Admissions to the City of Boynton Beach, with fifteen [15] requests; preparation of ticklers to work with GB to prepare the City's Responses and potential Objections to said Admissions, due May 24, 2021; retrieved online Palm Beach Circuit Court docket, to review current status of discovery pending, in advance of trial; 1.40 05/04/2021 GB Meeting with City and JAC regarding case status updates. Meeting with City regarding as built. Emails with City regarding geotech reports. Began drafting responses to Defendant's First Set of Admissions to the City. 3.10 JAC Conference call with Commissioners regarding status of JKM litigation, north and south parcel options, and related issues 1.00 05/05/2021 GB Telephone conference call with attorney O'Connor and Carlos Mercado regarding geotech. Trial preparation, continued drafting timeline and reviewed and organized exhibits listed in JKM's exhibit list. Email to City regarding admissions. Emails with Mercado regarding geotech. 3.10 05/06/2021 GB Telephone conference call and emails with attorney O'Connor regarding trial preparation and discovery. Emails with E2L regarding box. Email to City regarding discovery produced in this matter. Email to opposing counsel regarding mediation. Continued trial preparation by reviewing Defendant's exhibits and drafting timeline. 2.30 IR Receipt and review of email from Palm Beach Circuit Court Docket Clerk; reviewed Defendant's Motion for Enlargement of Time to Exchange Expert Witness List, filed April 27, 2021; receipt and review of Defendant's Witness List, filed April 27, 2021; receipt and review of Defendant's Exhibits List, filed April 27, 2021; cross-reference of Defendant's witnesses, against the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; initial preparation of input of Defendant's witnesses, addresses, for use during discovery and as potential trial witnesses; 2.10 05/07/2021 GB Telephone conference call with MDC and JAC regarding strategy and status. Telephone conference call with attorney O'Connor regarding mediation. Emails with City regarding meetings to discuss case. Drafted Page 172 of 1207 Page: 2 CITY OF BOYNTON BEACH 06/02/2021 ACCOUNT NO: 306-9905525 STATEMENT NO: 36273 v. JKM BTS CAPITAL, LLC (Declaratory Action) Notice of Deposition for JKM Corporate Representative and Schedule "A" regarding topics to be questioned. Received emails with opposing counsel regarding trial and discussions with JAC regarding trial. 05/11/2021 GB Meeting with attorney O'Connor for trial preparation. Meetings with various City staff for trial preparation and regarding pending issues in the litigation. Reviewed notes from meetings with witnesses and added to trial chart. Continued organizing and reviewing exhibits listed in Defendant's exhibit list. �� 1.60 .M 05/12/2021 IR Telephone conference with GB regarding trial preparation; retrieved City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, for records custodian names and noted records received through discovery; review of Defendant's Trial Exhibits list, to prepare for project, for use at trial; Reviewed ticklers regarding pending discovery, including review of City's Responses / Objections to the Defendant's Request for Admissions, propounded April 23, 2021; 1.90 JAC Communications with cocounsel regarding status of trial, discovery and mediation; follow up discussion with GB and LL 0.80 JAC Review North parcel issues raised by Jack Weir; discuss with city team; communication with Steve Matheson regarding authority to talk directly with Weir 1.20 GB Telephone conference call with City, JAC, and Jones Foster regarding litigation strategy. Telephone conference call with JAC regarding motion to continue. Email to attorney O'Connor regarding responding to opposing counsel's request to continue trial. 0.90 05/13/2021 IR Meeting with GB regarding trial preparation and retrieval of the Defendant's trial exhibits disclosure; extensive review of current litigation file and Town Square documents, for trial project; 2.70 05/14/2021 IR Researched documents as disclosed in Defendant's Trial Exhibits List, filed with the Court on April 26, 2021; receipt and review of GB email, forwarded from our co -counsel's office, regarding potential settlement of particular issues and status of requesting the trial roll; preparation of responsive email to GB regarding same; 1.30 JAC Review JO communication regarding discussion with opposing counsel and options for continuance and narrowing of issues; follow up with LL regarding same; call with GB regarding discovery 1.20 GB Emails with attorney O'Connor regarding Defendant's deposition requests. Email to attorney O'Connor regarding documents we need from City staff. Email to City regarding documents and information we need for litigation. Telephone conference call with City regarding email archives. Email with attorney O'Connor regarding City communications and additional documents we need from City staff. Email to City staff regarding information and documents we need for litigation. Worked on responses to interrogatories reviewed relevant documents to ascertain whether to admit or deny Defendant's requests. 2.40 05/17/2021 IR Receipt and review of email from Defendant's counsel with its attached Response to the City's Request for Production, filed May 14, 2021; receipt and review of GB email to defense counsel, requesting said responsive materials, as noted in the Defendant's Response; preparation of tickler to receive records, or drop box information; 1.20 GB Email to attorney O'Connor regarding emails between City staff and John Page 173 of 1207 Page: 3 CITY OF BOYNTON BEACH 06/02/2021 ACCOUNT NO: 306-9905525 STATEMENT NO: 36273 v. JKM BTS CAPITAL, LLC (Declaratory Action) HOURS Markey. Emails with attorney O'Connor regarding permits and trial dates. Telephone conference call with City regarding trial date conflicts. Began reviewing emails between colin and JKM. 0.90 05/18/2021 GB Emails with attorney O'Connor regarding admissions, mediation and trail dates. Emails with DJD regarding easements on JKM parcels. Telephone conference call with JAC regarding trial dates and easements. Conversation with Andrew Mack regarding trial dates. Continued reviewing documents and drafting timeline for trial preparation. 4.00 DJD Address issue related to parking easements. 0.40 05/19/2021 GB Telephone conference call with E2L regarding Box. Emails with attorney O'Connor regarding trial date. Telephone conference call with JAC regarding continuance of trial. Email to City and voicemail to Andrew Mack regarding discovery. Continued pulling exhibits from Defendant's exhibit list and working on request for admissions. 1.00 JAC Review Michael Simon's comments to Eastwind development 0.40 05/20/2021 IR Continuation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, by cross-referencing JKM-BTS's Trial Witnesses, disclosed in its filing April 27, 2021; 1.40 GB Emails to attorney O'Connor re: mediation and trial dates. Telephone conference call with City regarding discovery. 0.40 05/21/2021 GB Meeting with Andrew Mack regarding discovery. Emails with attorney O'Connor regarding discovery. Reviewed documents produced in this matter for timeline and chain of events in preparation for trial. Emails with City regarding documents. Telephone conference call with City regarding documents needed for litigation. 1.70 IR Cross-referenced of trial witnesses, utilizing each partys' trial disclosures; finalized update to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; receipt and review of email from Palm Beach E -Filing clerk; reviewed Defendant's Response to the City of Boynton Beach's Request for Admissions, filed this date; 2.20 MDC Review discovery issues with Jim Cherof and Gal Betesh. 0.30 05/24/2021 GB Emails with attorney O'Connor regarding discovery and trial preparation. Reviewed communications provided by the City in preparation for trial. Telephone conference call with attorney O'Connor re: request for admissions. 3.10 IR Receipt and review of email from Plaintiff's counsel to all defense counsel, regarding status of contact with the Judicial Assistant, regarding Agreed Order to continue trial deadlines; receipt and review of responsive email from co -defense counsel at Jones, Foster; prepared tickler for follow up, to submit draft Court Order by plaintiff; receipt and review of emails regarding Defendant's Motion to Continue Trial; 0.50 05/25/2021 GB Emails with attorney O'Connor re: trial continuance. Telephone conference calls with mediator regarding dates. Email to City regarding mediation dates. 0.50 IR Receipt and review of email from Palm Beach Circuit Court E -Filing Clerk; reviewed Defendant's Motion to Continue Trial; reviewed Notice of Case Management Conference Hearing on Defendant's Motion to Continue Trial; 0.30 05/26/2021 GB Telephone conference call with JAC regarding mediation. Telephone Page 174 of 1207 Page: 4 CITY OF BOYNTON BEACH 06/02/2021 ACCOUNT NO: 306-9905525 STATEMENT NO: 36273 v. JKM BTS CAPITAL, LLC (Declaratory Action) 05/28/2021 HOURS conference calls and emails with attorney O'Connor regarding mediation and discovery. Reviewed and edits City's responses to JKM's Request for Admissions. Finalized, filed and had served City's Response to Request for Admissions. 1.30 IR Researched Palm Beach Circuit Court ONline Docket; researched Judge Gregory Keyser's Divisional Instructions for specific related materials to Non -Jury trial settings; cross-referenced the City's Witnesses with any and all discovery related materials, to note on the City's Trial Witness and Subpoena Duces Tecum tracking chart; extensive review and updates to the Trial Witness chart, to list business entity addresses, where specific individuals work, including the information from the City's Witness Disclosure, with Registered Agents listed for trial subpoena service of process; 3.40 IR Receipt and review of email from Palm Beach Circuit Court E -Filing Clerk; reviewed Defendant's Re -Notice of Hearing, on Defendant's Motion for Brief Continuance of Trial, to be heard on June 1, 2021; 0.60 FOR CURRENT SERVICES RENDERED 60.10 C7xN_1W1r 1W -A110001 TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 5.80 $205.00 $1,189.00 D.J. DOODY 0.40 205.00 82.00 MICHAEL D. CIRULLO 0.30 205.00 61.50 GAL BETESH 34.60 205.00 7,093.00 INGRID RIERA 19.00 125.00 2,375.00 TOTAL CURRENT WORK BALANCE DUE 10,800.50 10,800.50 $10,800.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 175 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Sara Sims Park Plat - examination of title to approve Plat HOURS 05/03/2021 RLL Further examination of deeds in the chain of title from 1940's on regarding conveyance of portion of underlying property to Mr. and Mrs. Harless and deeds for contiguous properties. 2.00 05/04/2021 RLL Further research on deeds in chain of title; prepare email communication of findings to MDC. 0.80 MDC Telephone call with Rachel Leach; review information from property examiner. 0.20 05/05/2021 RLL Meet with MDC to review several deeds in chain of title to determine how five foot portion of property was eventually deeded to Joe and Kathleen Harless. 1.30 MDC Meet with Rachel Leach to review deeds and documents for silver and chain of title; update Jim Cherof. 1.00 05/07/2021 MDC Telephone call with Palm Beach County Attorney's Office about PBCPA review processes. 0.20 05/14/2021 MDC Review materials; confer with JAC; review signed plat and status of intended park development. 0.50 05/24/2021 JAC Follow up regarding CRA related issue and limitation of transfer 0.30 05/26/2021 RLL Research to find two additional heir search companies and order quotes for search from each. 0.40 MDC Confer with Jim Cherof; review estimates for heir search. 0.20 05/27/2021 RLL Continue to work to obtain quotes from heir search companies. 0.40 FOR CURRENT SERVICES RENDERED 7.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.30 $205.00 $61.50 MICHAEL D. CIRULLO 2.10 205.00 430.50 RACHEL L LEACH 4.90 125.00 612.50 Page: 1 06/02/2021 306-9905528 36274 1, 1V•T..JV Photocopies 9.45 Page 176 of 1207 CITY OF BOYNTON BEACH Sara Sims Park Plat - examination of title to approve Plat TOTAL EXPENSES THRU 05/31/2021 TOTAL CURRENT WORK BALANCE DUE Page: 2 06/02/2021 ACCOUNT NO: 306-9905528 STATEMENT NO: 36274 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE MR 1,113.95 $1,113.95 Page 177 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson PBA Captains Unit Formation 2021 ACCOUNT NO STATEMENT NO 05/03/2021 JAC Follow up on order, transcript, and briefing schedule; consolidate notes from hearing FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 1.30 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/02/2021 306-9905542 36275 HOURS 1.30 1.30 266.50 TOTAL $266.50 266.50 $266.50 Page 178 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Canal Maintenance Special Assessment 05/19/2021 MDC Review materials; prepare implementation memo for City staff. 2.20 05/20/2021 MDC Continue preparing memo on process of levy of assessment in first year; conversion to tax bill collection for FY22-23. 1.10 05/26/2021 MDC Revise and final assessment memo. 0.20 FOR CURRENT SERVICES RENDERED 7.10 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.70 $205.00 $348.50 MICHAEL D. CIRULLO 5.40 205.00 1,107.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 06/02/2021 306-9905552 36276 1,455.50 1,455.50 $1,455.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 179 of 1207 HOURS 05/11/2021 MDC Review materials; attend conference call with City Staff on implementation of assessment. 0.50 JAC City team conference call regarding progression of special assessment process 0.70 05/12/2021 MDC Review materials; power point presentation and e-mails on project; review and respond to questions on process for assessment. 0.70 05/14/2021 JAC Conference with Mike C regarding assessment timetable and pulmonary rate issues; research regarding reasonable assessable administrative charges 1.00 MDC Continue to review materials; confer with Jim Cherof on adoption procedures. 0.40 05/17/2021 MDC Review ordinance, materials, and status of assessment. 0.30 05/19/2021 MDC Review materials; prepare implementation memo for City staff. 2.20 05/20/2021 MDC Continue preparing memo on process of levy of assessment in first year; conversion to tax bill collection for FY22-23. 1.10 05/26/2021 MDC Revise and final assessment memo. 0.20 FOR CURRENT SERVICES RENDERED 7.10 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.70 $205.00 $348.50 MICHAEL D. CIRULLO 5.40 205.00 1,107.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 06/02/2021 306-9905552 36276 1,455.50 1,455.50 $1,455.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 179 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Colonial Estates, Inc./Boynton Beach Agreements ACCOUNT NO STATEMENT NO 05/06/2021 SMS Call with staff to discuss final agreement; correspondences with Colonial counsel for review of draft APA; Finalize draft APA. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SEAN M. SWARTZ 0.80 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/02/2021 306-9905557 36277 HOURS 0.80 0.80 164.00 TOTAL $164.00 164.00 $164.00 Page 180 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Chanteclair Villas Condos (Stephenson, Robert Georges) 05/03/2021 SHB Prepare and file Answer to Complaint. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.40 0.40 RECAPITULATION HOURS HOURLY RATE TOTAL 0.40 $205.00 $82.00 Page: 1 06/02/2021 306-9905559 36278 82.00 82.00 $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 181 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson City of Boynton Beach, Beneficiary of the Estate of Bernard Winiker ACCOUNT NO STATEMENT NO 05/17/2021 SMS Review probate information from attorney. 05/19/2021 SMS Correspondences and review of acceptance of donation. 05/21/2021 SMS Call and correspondences related to the Estate and administration. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SEAN M. SWARTZ 1.10 $205.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.40 0.40 0.30 1.10 Page: 1 06/02/2021 306-9905560 36279 225.50 $225.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 182 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Deutsche Bank (Josephine Daffin) 05/24/2021 SHB Prepare and file Answer to Complaint. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 1.00 1.00 RECAPITULATION HOURS HOURLY RATE TOTAL 1.00 $205.00 $205.00 Page: 1 06/02/2021 306-9905562 36280 205.00 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 183 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO v. Joseph, Vessle Deon (RPO) HOURS 05/14/2021 SHB Receive and review police reports; open new file and follow up with Gorfido. 0.70 05/20/2021 SHB Receive and review additional police reports and documentation support of petition for RPO. Follow up with Gorfido re: additional information needed. Prepare and file Petition, Affidavit, Notice of Confidentiality, and Respondent Description Information. 3.00 05/21/2021 SHB Prepare Stipulation and transmit to Gorfido with instructions for service of RPO and presentation of stipulation. 0.70 05/25/2021 SHB Follow up with Gorfido re: proof of service. Prepare and file Notice of Filing Proof of Service. Various correspondence and follow up with JA re: cancellation of hearing. Follow up with Gorfido re: cancellation of jail transport. 1.00 05/28/2021 SHB Trial preparation. Telephone conference with Gorfido re: trial matters and respondent transport for final hearing. Receive and review additional reports. 2.00 FOR CURRENT SERVICES RENDERED 7.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 7.40 $205.00 $1,517.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 06/02/2021 306-9905563 36281 I". I /.VV 1,517.00 $1,517.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 184 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 06/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905564 Boynton Beach FL 33435 STATEMENT NO: 36282 Attn: Lynn Swanson v. Morgan, Lloyd and Daffin, Josephine (Seizure of Two Dogs) L�� 05/19/2021 HN Review of incident report, review of pictures, email exchange with Liz and phone discussions. Discussion with SHB. Review of Section 828.073, Florida Statutes. Started drafting petition with exhibits. Email exchange with SHB re: petition. Edits to petition based on SHB review. Review of additional pictures sent from Liz. 2.90 SHB Receive and review various documentation re: animal seizure. Telephone conference with HN re: seizure process. Discuss various procedural matters with CD. Receive, review, and revise Petition. 1.50 05/20/2021 HN Review of final petition with exhibits. Discussions with Liz. Review of report. Edit to Petition. Review of clerk's process relating to waiving fees for these types of cases. Called the Palm Beach County Clerk's office. discussion with SHB. Email to Liz cc Lynn Swanson and Shana Bridgeman with update as to filing petition. Email exchange with SHB. Email exchange with Liz. 2.50 CLD Finalized and e -filed Petition; compiled exhibits; phone call to clerk's office re: charge to initiate the case not allowed under the statute. 1.00 CLD Finalized exhibits and petition for filing. 1.00 05/21/2021 HN Review and approval of Summons to respondents. Review of issued summons from clerk's office. Coordination for process server to include admin order with the summons. Review of admin order re: plan and court order. Review of email exchanges with office and compass. 0.80 CLD Drafted summons for both defendants; a -filed same for clerk issuance; transmit to Compass for service of process. 0.80 05/24/2021 HN Review of Section 828.073, review of email from judge's JA as to when the date of hearing has to be set. Phone call to Liz Roehrich. Discussion with Liz Roehrich. Review of palm beach county jail inmates as Lloyd Mogran is currently incarcerated. Coordination to inform compass of this for purposes of service. Email to SHB as to witnesses and subpoenas. Review of email exchanges with compass regarding serving respondents. Email exchange with SHB. Drafted notice of intent to rely on business records. Email to Liz about attaining dogs medical records. Phone discussion with Liz. Review of Florida Statutes relating to exception to hearsay rule for business records and self authenticating documents. Preparation for form to be filled out by custodian of records at vet. 3.50 CLD Drafted emails and corresponded with the judicial assistant re: setting hearing with the time frame frame dictated by F.S. 828.073; researched F.S. 828.073 to provide to the JA. 0.50 IR Receipt and review of email from Judge Shullman's judicial assistant, to schedule hearing on the City of Boynton Beach's Petition for Hearing on Page 185 of 1207 Page: 2 CITY OF BOYNTON BEACH 06/02/2021 ACCOUNT NO: 306-9905564 STATEMENT NO: 36282 v. Morgan, Lloyd and Daffin, Josephine (Seizure of Two Dogs) Removal of Animals from Owners and Transfer to Agency, filed on May 20, 2021; retrieval of online Palm Beach Court Docket and reviewed status of litigation; received email from H. Needelman, Esq. regarding case status; �� 9 :9 05/25/2021 HN Discussion with Liz Roehrich. Review of email exchanges with our office and JA. Email to Liz cc SHB with business record certification. Phone discussion with SHB. Coordinating sending subpoenas for records and witnesses to attend hearing on 6/16. Research and phone call to Palm Beach County Jail relating to procedure for inmates to attend civil hearings. Email exchanges relating to inmate Morgan's attendance of zoom hearing. 2.50 CLD Drafted Notice of Hearing; researched inmate records for Floyd Morgan; spoke with West Detention Center re: having Mr. Morgan present for the 6/16/21 hearing; drafted email to judicial assistant re: order required by the Palm Beach County Jail to facilitate the Zoom hearing; began drafted subpoenas to Best Vet Animal Hospital, Palm Beach County Animal Control, and Officer L. Roehrich. 3.10 SHB Telephone conference with HN re: jail transport for hearing. 0.10 05/26/2021 HN Email exchange with Officer Liz Roehrich. Edits to Affidavit. Review of subpoenas. Review of emails to compass. Discussion with Officer Roehrich. Email exchanges with SHB. Coordinating with jail and judicial assistant Morgan's appearance at the hearing on June 16. Review of emails related to attempt of service on Daffin. 2.10 CLD Finalized 3 subpoenas for records and testimony; e -filed each and sent for service; follow up phone call to judicial assistant re: court order needed to have Mr. Morgan appear at 6/16 hearing from Palm Beach County Jail; drafted Order for Appearance per the judicial assistant; uploaded same into the OLS and emailed to judicial assistant with contact info for West Detention Center; conversations with process server re: inability to serve the petitions and directions to serve Mr. Morgan in the detention center and attempt early morning service at the residence on Ms. Daffin. 2.50 05/27/2021 HN Review of Judge's order re: transport. Email exchanges with SHB re: notice of hearing. Review of revised notice of hearing. Emails relating to notice of intent to rely on business records. 0.60 IR Receipt and review of email from Palm Beach Courts E -Filing Clerk; reviewed the Court's Order for Appearance of Incarcerated Respondent, for June 16, 2021, before Judge Shullman, on Plaintiff's Petition for Hearing on Removal of Animals From Owner and For Transfer to Agency; online review of Florida Department of Law Enforcement and Palm Beach Sheriffs Office, to search Respondent's public information regarding incarceration; reviewed and downloaded retrieved records of Respondent; receipt and review of email from Palm Beach E -Filing clerk with the City of Boynton Beach's Notice of Filing Business Record Certification [2 canine medical histories]; 1.40 CLD Finalized and e -filed Notice of Filing Business Record Certification with Chapman Affidavit; Affidavit of Service re: Best Vet. 0.30 SHB Review various pleadings and discuss service/notice matters with HN and CD. 0.60 05/28/2021 CLD Follow up with judicial assistant re: transport order; IR Receipt and review of email from Palm Beach County E -Filing Clerk; reviewed Return of Service by Process Servers, of service on Best Vet Animal Hospital on May 27, 2021; prepared tickler for follow up to receive records from Best Vet; 0.80 Page 186 of 1207 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO v. Morgan, Lloyd and Daffin, Josephine (Seizure of Two Dogs) HN review of email exchanges with JA related to order of transportation FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE HEATHER NEEDELMAN 15.10 $205.00 SHANA H. BRIDGEMAN 2.20 205.00 CYNTHIA L. DUNN 9.20 125.00 INGRID RIERA 3.00 125.00 Photocopies TOTAL EXPENSES THRU 05/31/2021 TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 29.50 TOTAL $3,095.50 451.00 1,150.00 375.00 Page: 3 06/02/2021 306-9905564 36282 5,071.50 27.65 27.65 5,099.15 $5,099.15 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 187 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO Claim #001470000245GB 05/06/2021 GB Email to JAC, MDC and IVR 4th DCA opinion. Email to City 4th DCA opinion. Reviewed opinion for response to media. JAC Review appellate court opinion; review request for press statement; review options further appeal 05/07/2021 GB Drafted responses to media inquiry. Email to JAC regarding response. 05/19/2021 JAC Review ACLU motion and case law 05/21/2021 JAC Review motion to file amicus brief; review fourth DCA opinion; prep notice to Commission; miscellaneous research regarding potential for reversal of opinion; call to LL FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 3.00 $205.00 1.40 205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/02/2021 306-9905029 36283 HOURS 0.70 1.20 0.70 0.70 1.10 4.40 902.00 TOTAL $615.00 287.00 902.00 $902.00 Page 188 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim #00 1 470000367AB 05/21/2021 IR Receipt and review of email from Palm Beach Circuit Court E -Filing Clerk; review of Plaintiffs, Venegas' Motion for Leave to Reopen Case and Interplead Certain Underwriters At Underwriters, London Subscribing to Certificate PK1017313; 0.20 05/25/2021 GB Email to attorney Berk regarding Plaintiffs Motion to Reopen. Drafted and had filed notice of appearance. 0.30 FOR CURRENT SERVICES RENDERED 0.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.30 $205.00 $61.50 INGRID RIERA 0.20 125.00 25.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 06/02/2021 306-9905098 36284 86.50 86.50 $86.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 189 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 06/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905171 Boynton Beach FL 33435 STATEMENT NO: 36285 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim #001470000400P1 HOURS 05/04/2021 IR Research of online Court docket for most recent filings. 0.40 05/06/2021 GB Received and reviewed Final Summary Judgment in favor of the City. Email with JAC regarding Final Summary Judgment and began drafting memo to the City. 0.40 JAC Review final summary judgment and order dismissing case; discuss next steps with GB; call to LL 0.80 05/07/2021 GB Drafted memo to commissioner regarding Final Summary Judgment. Email to JAC regarding memo. Telephone conference call with JAC and MDC regarding case status. Send memo on Final Summary Judgment to City. 0.70 05/11/2021 IR Receipt and review of email from Palm Beach Courts Docket clerk; retrieved and removed trial deadlines from attorneys' and paralegal calendar and ticklers; closed out paralegal file. 0.70 05/12/2021 GB Emails with TC regarding costs incurred in this matter for Motion to Tax Costs. Email to City regarding costs incurred in this matter for Motion to Tax Costs. 0.50 05/20/2021 GB Legal research regarding taxable costs. Telephone conference call with MDC regarding taxable costs. Drafted Motion to Tax Costs. Filed and served motion. 2.60 IR Online Palm Beach Circuit Court Docket review re: appeal. 0.30 FOR CURRENT SERVICES RENDERED 6.40 1,200.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $205.00 $164.00 GAL BETESH 4.20 205.00 861.00 INGRID RIERA 1.40 125.00 175.00 TOTAL CURRENT WORK 1,200.00 Page 190 of 1207 CITY OF BOYNTON BEACH adv. Caliendo, Giovanni & Emily (code violation) BALANCE DUE Page: 2 06/02/2021 ACCOUNT NO: 306-9905171 STATEMENT NO: 36285 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $1,200.00 Page 191 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 ACCOUNT NO STATEMENT NO 05/18/2021 GB Email with opposing counsel regarding Chief Katz's deposition. 0.10 05/19/2021 GB Follow-up e-mails with opposing counsel regarding former Chief Katz's deposition. 0.10 05/20/2021 IR Receipt and review of email from Palm Beach E -Filing Clerk; review of Plaintiffs' Notice of Deposition of Katz; updated paralegal case tracking, for updated deposition; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, regarding same. 0.30 FOR CURRENT SERVICES RENDERED 0.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.20 $205.00 $41.00 INGRID RIERA 0.30 125.00 37.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 06/02/2021 306-9905190 36286 78.50 78.50 $78.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 192 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470000410EP 05/05/2021 IR Receipt and review of Boynton Beach Police Department discovery; telephone conferences with GB regarding same; receipt, review and responded to emails regarding City of Boynton Beach responsive discovery records; prepared ticklers regarding same; updated Trial Witness and Subpoena Duces Tecum Tracking Chart; 2.20 05/06/2021 IR Telephone conference with GB regarding Boynton Beach Police Department records received via hard drive of multiple documents; 0.60 05/07/2021 GB Emails with opposing counsel regarding mediation. 0.10 05/11/2021 IR Receipt and review of emails from Plaintiff's counsel, regarding discovery; preparation of updates to the City of Boynton Beach's Witness and Subpoena Duces Tecum Tracking Chart 1.30 05/12/2021 IR Review of Boynton Beach Police Department external hard drive of cases; telephone conference with GB, regarding summaries of police department; prepared tickler to follow up with litigation team, once cases downloaded. 1.60 05/26/2021 GB Emails with opposing counsel regarding mediation. 0.10 FOR CURRENT SERVICES RENDERED 5.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.20 $205.00 $41.00 INGRID RIERA 5.70 125.00 712.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 06/02/2021 306-9905216 36287 753.50 $753.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 193 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Meyer, Tamara (MVA) Billing Category: 18 - RLO Claim #00 1 470000427AB 05/18/2021 GB Emails with City regarding settlement of claim and reviewed release. Email to JAC regarding release and settlement. 05/19/2021 IR Telephone conference with GB; prepared update to case status, as settled on May 18, 2021; preparation of update to RLO; FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $205.00 INGRID RIERA 0.70 125.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/02/2021 306-9905277 36288 HOURS 0.20 0.70 0.90 128.50 TOTAL $41.00 87.50 128.50 $128.50 Page 194 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Benitez, Antonio (Park Injuries) 05/27/2021 Billing Category: 18 - RLO Claim #0014700000452GB HOURS IR Receipt and review of email from Lynn Swanson; reviewed Amended Complaint, two [2] sets of Interrogatories, Request for Admissions and Request for Production; research Palm Beach Circuit Court Docket, to retrieve full litigation docket; initial preparation of City of Boynton Beach's Trial Witness and Subpoena Duces Tecum Tracking chart; research on Plaintiff, Benitez; online search of property at 2010 N. Federal Highway, Boynton Beach, FL; calculation of deadlines for the City's responses to 4 sets of discovery, as well as the City's response to the Amended Complaint. 1.90 GB Emails with opposing counsel regarding filed amended Complaint missing Exhibit A; read complaint and pre litigation notice in preparation to respond to complaint. 0.50 FOR CURRENT SERVICES RENDERED 2.40 TIMEKEEPER GAL BETESH INGRID RIERA TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.50 $205.00 1.90 125.00 TOTAL $102.50 237.50 Page: 1 06/02/2021 306-9905347 36289 340.00 340.00 $340.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 195 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Cain, Courtney Billing Category: 18 - RLO Claim #001470001005EP 05/03/2021 GB Reviewed, edits and finalized subpoena to absolute bail bonds Ilc and had notice and subpoena filed. 0.30 IR Finalized the City of Boynton Beach's Notice of Production from Non -Party and Subpoena Duces Tecum to Absolut Bail Bonds; preparation of email to GB, enclosing discovery; receipt and review of several emails regarding the deadline for Absolut Bail Bonds to produce records, along with other related issues; preparation of responses to same to GB and litigation team. 1.30 05/17/2021 GB Emails with opposing counsel regarding discovery. Began drafting deposition summary for Plaintiffs deposition. 1.90 05/21/2021 IR Reviewed tickler to check status of Notice of Production from Non -Party, including if Plaintiffs counsel has filed, or emailed an objection to the Subpoena Duces Tecum, addressed to Absolut Bail Bonds; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; Online research of Palm Beach Circuit Court Docket, for recent filings and discovery status; 1.40 05/26/2021 GB Email to opposing counsel regarding outstanding discovery documents. Filed subpoena duces tecum to Absolute and sent Subpoena to process server for service. 0.30 05/27/2021 IR Research of Palm Beach Circuit Court Docket, for objections to Absolut Bail Bonds subpoena duces tecum; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; 0.70 05/28/2021 IR Receipt and review of email from Palm Beach Circuit Court E -Filing Clerk; reviewed Return of Service on Records Custodian at Absolut Bail Bonds, by serving Jeanette Cain 5.27.21 at 1:45pm; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum Tracking chart; 0.90 FOR CURRENT SERVICES RENDERED 6.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 2.50 $205.00 $512.50 Page: 1 06/02/2021 306-9905360 36290 1,050.00 Page 196 of 1207 CITY OF BOYNTON BEACH adv. Cain, Courtney TIMEKEEPER INGRID RIERA TOTAL CURRENT WORK BALANCE DUE Page: 2 06/02/2021 ACCOUNT NO: 306-9905360 STATEMENT NO: 36290 HOURS HOURLY RATE TOTAL 4.30 125.00 537.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1,050.00 $1,050.00 Page 197 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 06/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905369 Boynton Beach FL 33435 STATEMENT NO: 36291 Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18 - RLO Claim #19754303 Page 198 of 1207 HOURS 05/11/2021 IR Receipt and review of email from GB, regarding preparation of subpoena for deposition to Lawrence Allen; retrieved previous notices of deposition for Lawrence Allen; finalized draft of subpoena to Lawrence Allen; email to GB with draft subpoena for deposition on June 11, 2021 via ZOOM VIDEO CONFERENCE. 0.60 05/12/2021 GB Reviewed subpoena drafted by IVR for Lawrence alien. Emails to IVR regarding edits to subpoena. 0.30 05/13/2021 IR Receipt and review of email from GB, regarding discovery and subpoena for anticipated trial witness; reviewed subpoena for live deposition and revised same; prepared updates to City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; 0.70 05/14/2021 GB Telephone conference call with City regarding Lawrence Allen's deposition. Email to City regarding notice of deposition. 0.20 05/17/2021 GB Edits to subpoena for deposition of Lawrence Allen. Email to IVR regarding cross notice. Drafted filed and served cross notice of deposition for Lawrence Allen. 0.40 05/18/2021 GB Email to process server regarding service of subpoena on Lawrence Allen. 0.10 05/27/2021 GB Email with process server regarding service of subpoena on Lawrence Allen. Email to City regarding address for Lawrence Allen. Email to opposing counsel regarding Lawrence Allen's deposition. 0.30 FOR CURRENT SERVICES RENDERED 2.60 429.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.30 $205.00 $266.50 INGRID RIERA 1.30 125.00 162.50 TOTAL CURRENT WORK 429.00 Page 198 of 1207 CITY OF BOYNTON BEACH adv. Moyse, Roseline (RLO) BALANCE DUE Page: 2 06/02/2021 ACCOUNT NO: 306-9905369 STATEMENT NO: 36291 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $429.00 Page 199 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 06/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905421 Boynton Beach FL 33435 STATEMENT NO: 36292 Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18 - RLO Claim #19779868 05/03/2021 GB Telephone conference call with Officer Goldfuss regarding. Email to opposing counsel regarding Officer Goldfuss' deposition. Emails with Officer Goldfuss regarding his deposition. Telephone conference call with Dr. Garrod's office regarding documents. 1.00 IR Receipt and review of multiple emails exchanged between counsel for the parties, regarding today's deposition of Plaintiffs 'Use of Force' expert witness and his duce tecum to be delivered prior to his deposition, witnesses depositions availability for Dr. Paul Wigoda, Brian Goldfuss deposition, and other witness depositions. 1.10 05/04/2021 GB Prepared for and attended Mike Pennington's deposition. 3.50 05/05/2021 GB Telephone conference call with City regarding Plaintiff's 2nd Request for Production and 2nd set of interrogatories to the City. Legal research regarding work product; duty to preserve records pre litigation; and definition of control for discovery purposes. Began to draft deposition summary for Plaintiff's deposition. 3.90 IR Receipt and review of emails between counsel regarding depositions, prior to trial; telephone conferences with GB regarding expert witness depositions; 1.70 05/06/2021 IR Receipt and review of multiple email exchanges between counsel of record, to schedule witnesses and expert witnesses deposition, in advance of special set trial; 2.80 GB Telephone conference calls with City regarding discovery. Telephone conference call with attorney Kaufer regarding strategy. Reviewed Plaintiffs medical records in preparation for plastic surgeons deposition. 2.40 05/07/2021 GB Telephone conference call and emails with City regarding upcoming deposition. Telephone conference call with JAC and MDC regarding case status. 1.00 05/10/2021 IR Reviewed emails exchanged between counsel for the parties; preparation of updates to City of Boynton Beach's Trial Witness and Subpoena Duces Tecum Tracking Chart, regarding Plaitniffs employer, Electric Connection; reviewed emails of plastic surgeon deposition of Dr. Wigoda. 1.80 GB Attended deposition of Dr. Wagoda 1.10 Page 200 of 1207 Page: 2 CITY OF BOYNTON BEACH 06/02/2021 ACCOUNT NO: 306-9905421 STATEMENT NO: 36292 adv. McFadden, Patrick (K9 Injuries) �� 05/12/2021 GB Telephone conference call with Plaintiff's counsel regarding outstanding discovery and Goldfuss' deposition. Email and telephone conference call with attorney Kaufer regarding Goldfuss deposition. Drafted McFadden's deposition summary. 3.50 05/13/2021 GB Telephone conference call with attorney Kaufer regarding Goldfuss deposition. Attended Goldfuss deposition. Telephone conference call with City regarding mediation. 2.10 05/14/2021 GB Telephone conference call and email with City regarding mediation and case status. Telephone conference call with JAC regarding closed door. Emails with JAC and City regarding closed door. Finished McFadden's deposition summary. Began legal research for Motion for Summary Judgment. Began drafting summary of Officer Sohn. 4.00 05/17/2021 GB Emails with opposing counsel regarding Dr. Garrod's documents and officer Sohn's deposition. Continued drafting deposition summary for officer Sohn's deposition. Emails with the City regarding discovery. Finalized responses to Plaintiff's Amended Amended 2nd Set of Interrogatories and 2nd Request for Production. 3.80 05/19/2021 GB Telephone conference call with City regarding videos in training material. Telephone conference call with opposing counsel regarding discovery and deposition exhibits. Finished officer Sohn's deposition summary and officer Shepaum's deposition summary. Began deposition summary of detective Whitefield. 3.70 05/21/2021 GB Legal research for Motion Summary Judgment. 2.40 05/24/2021 GB Reviewed traffic stop training videos and put them in production format and served upon opposing counsel in response to Plaintiffs second request for production. 0.50 IR Receipt and review of email from Plaintiffs counsel regarding Notice of Production from Non -Party, and Certificate of No Objection to same; receipt and review of Plaintiffs Notice of Production from Non -Party, to Metro PCS, for cellular phone records; receipt and review of email to retract email from Plaintiff's counsel; receipt and review of revised Certificate of Non -Objection to Subpoena Duces Tecum, to Metro PCS; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, regarding same; reviewed pleadings index, for Request for Copies of Metro PCS records received by Plaintiff; 0.70 05/25/2021 IR Reviewed pleadings index and Trial Order Outline for November 2021 trial and upcoming deadlines; reviewed case filings for defense counsel's Request for Copies of Plaintiff's subpoenas for records custodian documents; 0.70 GB Continued working on Motion for Summary Judgment and tristar report. Case law research regarding battery, excessive force and use of k9. 2.30 05/26/2021 GB Worked on Statement of Material Fact in Support of Motion for Summary Judgment. Legal research for Motion for Summary Judgment. Continued reading and summarizing deposition transcripts for Motion for Summary Judgment. 5.50 Page 201 of 1207 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. McFadden, Patrick (K9 Injuries) 05/27/2021 GB Telephone conference call with attorney Kaufer regarding Motion for Summary Judgment. Meeting with MDC regarding exhibits to Motion for Summary Judgment. Continued drafting statements of material facts. Continued reviewing evidence for Motion for Summary Judgment and Statement of Material Facts. 05/28/2021 GB Legal Research, reviewed case file for Motion for Summary Judgment and Statement of Material Facts. Drafted Motion for Summary Judgment and Statement of Material Facts. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 50.40 $205.00 INGRID RIERA 8.80 125.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 3 06/02/2021 306-9905421 36292 HOURS 5.30 4.40 59.20 11,432.00 TOTAL $10,332.00 1,100.00 11,432.00 $11,432.00 Page 202 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 06/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905423 Boynton Beach FL 33435 STATEMENT NO: 36293 Attn: Lynn Swanson adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 05/03/2021 GB Drafted Motion for Entry of Judgment pursuant to Magistrate Judge's Order. Continue preparing Answer Brief. 1.40 Legal research regarding affidavit of non payment requirement. Drafted MDC Continue work on Answer Brief. Affidavit attesting to non-payment. Meeting with MDC regarding Affidavit. 05/25/2021 MDC Email to City regarding Affidavit of Non Payment. 2.30 05/04/2021 MDC Begin review of Appendix materials. 0.40 05/05/2021 IR Receipt and review of email from USDC E -Filing Clerk; reviewed City's MDC Continue to work on Answer Brief; review SCOTUS decisions on conduct Response in Opposition to Plaintiff's Objection to Magistrate's Order on Motion to Tax Costs; reviewed Clerk's Notice to Filer Regarding City's 1.70 Response, with online event to be changed, filed; reviewed Plaintiff's Reply to City's Response in Opposition; reviewed Plaintiffs Motion Regarding Order on Motion to Tax Costs; reviewed USCD E -Filing Clerk's Notice to Filer, Plaintiff, of incorrect filing selection. 0.80 05/07/2021 MDC Review appendix materials. 1.80 05/10/2021 MDC Review appendix materials; begin review of caselaw and legal arguments to prepare Answer Brief. 2.60 05/11/2021 MDC Prepare and file Motion for Extension of Time and Certificate of Interested Persons; begin preparing Answer Brief. 1.40 05/12/2021 MDC Continue preparing Answer Brief. 2.20 05/13/2021 MDC Continue preparing Answer Brief. 1.40 05/24/2021 MDC Continue work on Answer Brief. 2.90 05/25/2021 MDC Research Federal cases on conduct verses speech; continue preparing Answer Brief. 1.20 05/26/2021 MDC Continue to work on Answer Brief; review SCOTUS decisions on conduct versus speech. 1.70 05/28/2021 MDC Continue reviewing Federal caselaw; miscellaneous research and preparing Answer Brief. 2.90 Page 203 of 1207 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 18.50 $205.00 GAL BETESH 2.30 205.00 INGRID RIERA 0.80 125.00 Photocopies TOTAL EXPENSES THRU 05/31/2021 TOTAL CURRENT WORK BALANCE DUE HOURS 21.60 TOTAL $3,792.50 471.50 100.00 Page: 2 06/02/2021 306-9905423 36293 800.80 800.80 5,164.80 $5,164.80 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 204 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson v. Rubenstein, Matthew Dylan (MVA) Billing Category: 18 - RLO Claim #19799723 05/07/2021 GB Research regarding claims against an insurance company that has filed for bankruptcy. Email to City regarding findings. FOR CURRENT SERVICES RENDERED TINACI.ICCDCD CHL tit I tJti TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.60 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/02/2021 306-9905447 36294 HOURS 0.60 0.60 123.00 TOTAL $123.00 123.00 $123.00 Page 205 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Cantrell, Wanda (Trip and Fall) Billing Category: 18 - RLO Claim #20805293 ACCOUNT NO STATEMENT NO 04/06/2021 GB Participated in zoom meeting with Tristar for claim review. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/02/2021 306-9905459 36295 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 206 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 06/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905462 Boynton Beach FL 33435 STATEMENT NO: 36296 Attn: Lynn Swanson adv. Capobianco, Ewa (Charge of Discrimination) Billing Category: 18 - RLO Claim #20806974 05/03/2021 GB Reviewed and edits to Subpoena to Landrum and Notice of Production from Non Party. Emails to IVR regarding edits to documents. 0.20 IR Telephone conference call received from V.P. at Guardian Credit Union regarding the Plaintiffs electronic personnel files; attempts to access Guardian's records of the Plaintiff; preparation of email and text to GB regarding unable to open / access said records; preparation of email to Lisa Oliver, VP at Guardian Credit Union, requesting the documents be sent through alternative platforms, or copied to a jump drive; prepared supplemental email to GB regarding same; 2.20 05/10/2021 IR Receipt and review of email from GB regarding the City of Boynton Beach's Notice of Production from Non -Party's to receive employment records from Guardian Credit Union, through its business records' representatives at Landrum Professional Employer Services, Inc.; telephone conference with General Counsel, Arnie Remington at Landrum Professional Employer Services, Inc. regarding the term "records custodian" on the City of Boynton Beach's Subpoena Duces Tecum; preparation of email to Ms. Remington, as follow-up to the phone conference; receipt and review of email from GB regarding Landrum subpoena duces tecum; receipt and review of email from Guardian Credit Union; review of Plaintiffs personnel records from Guardian. 1.80 05/11/2021 GB Emails to IVR regarding subpoena to Landrum. Reviewed and edits to Subpoena to Landrum, Notice of Nonparty Production, and HIPAA Release form. Email to opposing counsel regarding subpoena to Landrum. Finalized and filed Notice of Nonparty Production, 0.60 IR Preparation of revisions to Subpoena Duces Tecum to Landrum Professional Employer Services, Inc., City of Boynton Beach's Notice of Production from Non -Party, to Landrum Professional Employer Services, Inc., and Health Insurance Portability and Accountability Act of 1996 [HIPAA Assurance form] to Landrum Professional; preparation of email to GB, with enclosures of Landrum subpoena duces tecum, etc.; receipt and review of emails from GB regarding same; preparation of updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; receipt and review of email from GB to Plaintiffs counsel, and reviewed Plaintiff's counsels' response thereto; prepared ticklers to receive personnel and employment records from Landrum Professional. 2.60 Page 207 of 1207 Page: 2 CITY OF BOYNTON BEACH 06/02/2021 ACCOUNT NO: 306-9905462 STATEMENT NO: 36296 adv. Capobianco, Ewa (Charge of Discrimination) 05/14/2021 IR Receipt and review of email from R. Ignoffo, HR / Risk Management with City of Boynton Beach, who provided payment information for subpoena duces tecum records from Landrum; prepared responsive email to Mr. Ignoffo regarding same; preparation of email to General Counsel at Landrum Professional, to provide update on the fee for subpoenaed records; prepared email to GB regarding same and update of ticklers to confirm invoiced payment received at Landrum; initial review of responsive documents from Landrum and downloaded same; preparation of status email to GB regarding documents and noted receipt of said records on the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; GB Emails with IVR Regarding documents from Landrum. 05/25/2021 IR Reviewed tickler regarding Landrum Professional Employment Services invoice status; reviewed email from Landrum, regarding status of payment for subpoena duces tecum records; preparation of email to Landrum regarding receipt of payment for subpoenaed records and received response regarding same; preparation of email to City of Boynton Beach, requesting information relating to payment on voice for subpoenaed records; telephone conference with R. Ignoffo, with the City, regarding options for Landrum; preparation of email to Landrum's general counsel, to provide with two options regarding subpoenaed records invoice; prepared tickler to receive responsive email regarding same; 05/26/2021 IR Receipt and review of email from Richard Ignoffo, with the City of Boynton Beach, confirming our telephone conference of May 25, 2021; prepared tickler to follow up with Richard on June 2, 201, if Landrum Professional Employment Services received the check for the subpoenaed records; received responsive email from R. Ignoffo, with the City, regarding update on payment for subpoenaed records; FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 1.00 $205.00 INGRID RIERA 10.40 125.00 Photocopies TOTAL EXPENSES THRU 05/31/2021 TOTAL CURRENT WORK BALANCE DUE �� 1.60 0.20 1.60 0.60 11.40 TOTAL $205.00 1,300.00 1,505.00 51.10 51.10 1,556.10 $1,556.10 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 208 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Bible Church of God (Property Damage/Fiber Optic Cable) Billing Category: 18 - RLO Claim #19792048 05/14/2021 DS Discussed claim against Bible Church of God with G.B. Reviewed and analyzed ch. 624 and 627, F.S. and related secondary sources/case law. GB Email to City regarding letter requesting insurance information. 05/28/2021 GB Telephone conference call with City regarding bad faith letter. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE DANIELLE SCHWABE 1.50 $205.00 GAL BETESH 0.40 205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/02/2021 306-9905480 36297 HOURS 1.50 0.10 0.30 1.90 389.50 TOTAL $307.50 82.00 389.50 $389.50 Page 209 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson v. Henry, Verna (MVA) (Subrogation Liberty Mutual) Billing Category: 18 - RLO Claim # 05/19/2021 IR Reviewed tickler for status of potential litigation; researched Palm Beach Circuit Court online docket review; reviewed emails and attached police report, claims form from City of Boynton Beach; updated records, to note Boynton Beach Police Department Officer's personal information, were unredacted; preparation of tickler for 90 days; FOR CURRENT SERVICES RENDERED TIMEKEEPER INGRID RIERA TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.70 $125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/02/2021 306-9905488 36298 HOURS 0.70 0.70 87.50 TOTAL $87.50 87.50 $87.50 Page 210 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Clemons, Latosha (Personal Injury Injury from a Public Art Mural and It's Unveiling) Billing Category: 18 - RLO Claim #20820231 ACCOUNT NO STATEMENT NO HOURS 05/07/2021 GB Telephone conference call with MDC and JAC regarding response to complaint. 0.20 05/13/2021 GB Legal research for Motion to Dismiss or Stay Complaint. Drafted and filed Motion to Dismiss or Stay Complaint. 4.00 05/14/2021 IR Receipt and review of email from Court Docket Clerk with filing of the City of Boynton Beach's Motion to Dismiss Plaintiff's Complaint; cross-referenced the City's objections with Plaintiff's allegations; prepared updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, to add individuals noted within the pleadings, including exhibits thereto; receipt and review of City's Notice of Special Set Hearing on its Motion to Dismiss, or Stay Plaintiff's Complaint on June 1; receipt and review of Plaintiffs counsels' Notice of Appearance and Notice of Service of Order for Case Management Request for Agreed Case Management Plan in Pending Civil Cases with said order attached; prepared ticklers to assist with the City's Motion; 1.40 05/25/2021 GB Prepared for Motion to Dismiss hearing. Pulled and read caselaw, drafted a letter to the Judge and had all cases and supporting documents uploaded to the e -courtesy for the judge's review. Emails with opposing counsel re: Plaintiff will amend the complaint due to arguments raised in Motion to Dismiss. Had hearing canceled. Telephone conference call with Judge's chambers pursuant to Judge's instruction to cancel hearing. Drafted proposed order canceling hearing and ordering plaintiff to file an Amended Complaint. Email to City regarding Motion to Dismiss. 2.80 05/28/2021 IR Receipt and review of email from Palm Beach Circuit Court E -Filing Clerk; reviewed Plaintiffs Amended Complaint and calculated Fla.R.Civ.P. for the City of Boynton Beach to file its Answer; extensive updates to the City's Trial Witness and Subpoena Duces Tecum Tracking Chart, listing potential litigation witnesses, as stated in Plaintiffs Amended Complaint; receipt and review of Agreed Order on Defendant's Motion to Dismiss or Stay Plaintiff's Complaint. 1.50 Page: 1 06/02/2021 306-9905498 36299 Page 211 of 1207 Page: 2 CITY OF BOYNTON BEACH 06/02/2021 ACCOUNT NO: 306-9905498 STATEMENT NO: 36299 adv. Clemons, Latosha (Personal Injury Injury from a Public Art Mural and It's Unveiling) FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH INGRID RIERA TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 7.00 $205.00 2.90 125.00 HOURS 9.90 TOTAL $1,435.00 362.50 1,797.50 1,797.50 $1,797.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 212 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv Ho, Wing K., Pro Se and Ho, Karen Yeh, Pro Se (Violation of Civil Rights) Billing Category: 18 - RLO Claim #20825463 04/12/2021 SHB Discuss case matters with JAC and HN. FOR CURRENT SERVICES RENDERED ACCOUNT NO STATEMENT NO RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.30 $205.00 Photocopies TOTAL EXPENSES THRU 05/31/2021 TOTAL CURRENT WORK BALANCE DUE Page: 1 06/02/2021 306-9905511 36300 HOURS 0.30 0.30 61.50 TOTAL $61.50 1.05 1.05 62.55 $62.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 213 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Jones, Doris (MVA with Personal Injury) Billing Category: 18 - RLO Claim #20828184 ACCOUNT NO STATEMENT NO 04/06/2021 GB Participated in zoom meeting with Tristar and City for claim review. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/02/2021 306-9905518 36301 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 214 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Watkins, Elizabeth (sewer back-up, water damage to property) Billing Category: 18 - RLO Claim #21838023 ACCOUNT NO STATEMENT NO 04/06/2021 GB Participated in claim review meeting with City and Tristar. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/02/2021 306-9905540 36302 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 215 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Schneider, Harry and Patti Schneider (MVA) Billing Category: 18 - RLO Claim #21842585 ACCOUNT NO STATEMENT NO 04/06/2021 GB Participated in claim review meeting with City and Tristar. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/02/2021 306-9905543 36303 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 216 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv Little, Emilie (Sewer backup causing waste water to flood home) Billing Category: 18 - RLO Claim #21842582 ACCOUNT NO STATEMENT NO 04/06/2021 GB Participated in zoom meeting with Tristar and City for claim review. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/02/2021 306-9905548 36304 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 217 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv Federick, Carolyn Billing Category: 18 - RLO Claim # 05/28/2021 GB Telephone conference call with City regarding claim and supporting documents provided by claimant. Reviewed medical record and pictures provided by claimant in support of claim. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.80 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/02/2021 306-9905549 36305 HOURS 0.80 0.80 164.00 TOTAL $164.00 164.00 $164.00 Page 218 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Allen, Christina Joi (MVA COBB Police Vehicle #3620) (accident 3/24/2021) Billing Category: 18 RLO Claim #21846301 05/03/2021 IR Receipt and review of potential new litigation, of moving vehicle accident; reviewed email from Richard Ignoffo, with documents from the City and other sources; reviewed Police Vehicle Accident Report; review Claim Form; ACCORD form, completed; email from law firm that represents Christina Allen; initial preparation of City of Boynton Beach Trial Witness and Subpoena Duces Tecum tracking chart, in anticipation of litigation; ticklers prepared; 1.20 05/21/2021 IR Review of Tickler from April, 2021 regarding status of potential litigation; researched online Palm Beach Circuit Court Docket, if case was filed by Plaintiff's counsel; prepared updates to the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart; 0.70 FOR CURRENT SERVICES RENDERED 1.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.90 $125.00 $237.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 06/02/2021 306-9905558 36306 OCY0191 237.50 $237.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 219 of 1207 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv Norwood, Michael (Slip and Fall accident 3/4/2021) Billing Category: 18 - RLO Claim # 05/04/2021 IR Receipt and review of email from Litigation Team, to set up new tort litigation; preparation of the City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, gleaning information from potential Plaintiff's counsels' 'preservation request' correspondence; FOR CURRENT SERVICES RENDERED 11NIU IU MILK/-\ TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.30 $125.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 06/02/2021 306-9905561 36307 HOURS 1.30 1.30 162.50 TOTAL $162.50 162.50 $162.50 Page 220 of 1207 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach June 17, 2021 Attn: claims@bbfl.us Bill No. 58212 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Geraci v. Zeller 19132 Adj: Julie Oldbury BILL FOR FEES AND COSTS THROUGH 05/31/21 PROFESSIONAL SERVICES Date Services Attorney Hours 05/22/21 Correspondence to Chuck Eiss, Counsel for Plaintiff, re: the SHP 0.20 deposition of Records Custodian for Dr. Friedman. 05/25/21 Receipt and review of correspondence from Chuck Eiss, SHP 0.20 Counsel for Plaintiff, re: the deposition of Dr. Stuart Friedman. 05/25/21 Preparation of Notice of Taking Deposition of Records SHP 0.20 Custodian for Dr. Stuart Friedman. 05/25/21 Preparation of Subpoena for Deposition of Records Custodian SHP 0.20 for Dr. Stuart Friedman. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate SHP Sara H. Ptachik, Associate 0.80 160.00 Total Professional Services 0.80 DISBURSEMENTS Date Description 05/13/21 Deposition Transcripts #184360; depositions of Dr. Friedman and Dr. Arthur - Florida Court Reporting Total Disbursements Amount 128.00 $128.00 Amount 220.00 $220.00 Page 221 of 1207 Client: City of Boynton Beach Matter: 19132 - Geraci v. Zeller CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: June 17, 2021 Page 2 $ 348.00 1,033.00 -0.00 $ 1,381.00 Page 222 of 1207 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 58212 Bill Date: June 17, 2021 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 19132 Matter Name: Geraci v. Zeller Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 128.00 220.00 $ 348.00 1,033.00 -0.00 $ 1,381.00 1,033.00 $1,381.00 Page 223 of 1207 JOKES FOSTER P.A. P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401-5950 561 659 3000 T jonesfoster.com City of Boynton Beach c/o James Cherof, Esq. 100 E Ocean Ave Boynton Beach, FL 33435 Represent City with respect to litigation over a development TOTALS FOR THIS STATEMENT JOANNE M. OCONNOR KAREN BOULD-PARA MINDY HALLEY-PARA THOMAS J. BAIRD TOTAL FEE THIS INVOICE TOTAL COSTS ADVANCED THIS INVOICE TOTAL CHARGES THIS INVOICE PREVIOUS BALANCE TOTAL ACCOUNT BALANCE :?_rt 350.00 240,00 230.00 350.00 Tax I.D. 59-1292566 May 31, 2021 Invoice No. 240244 File No. 29049,00002 TJB HOURS AMOUNT 18.40 $6,440.00 0.60 $144.00 1.10 $253.00 2.40 $840.00 $7,677.00 $170.22 $7,847.22 $7,177.00 $15,024.22 Page 224 of 1207 JONES FOSTER P.A. City of Boynton Beach May 31, 2021 Represent City with respect to litigation over a development Invoice No. 240244 File No. 29049.00002 Page 2 FOR PROFESSIONAL SERVICES RENDERED: DATE INDV DESCRIPTION OF SERVICES HOURS AMOUNT 05/03/21 TJB TELEPHONE CONFERENCE WITH CITY ATTORNEY 0.30 105.00 CHEROFF, EMAIL CORRESPONDENCE TO JMO RE SHADE SESSION 05/05/21 JMO CALL WITH ENGINEER AT GFA INTERNATIONAL, G 0.30 105.00 BETESH; REVIEW SUITABLE FOR CONSTRUCTION - LETTER 05/06/21 JMO TEL CALL G BETESH; EMAIL M STEMPLER RE 1.10 385.00 MARKEY DEPOSITION 05/06/21 JMO REVIEW JKM REQUESTS FOR ADMISSIONS (2); 0.40 140.00 GATHER INFORMATION FOR RESPONSES AND FORWARD TO G BETESH (2) 05/07/21 KJB SEARCHES TO LOCATE SURVEYOR DAVID BOWER; 0.60 144.00 STATUS TO J. O'CONNOR 05/07/21 JMO REVIEW CITY'S MOTION CONTINUE TRIAL 0.10 35.00 05/11/21 JMO MEETINGS AT CITY HALL WITH G BETESH, J 4.00 1,400.00 PATERNITI, G DUNMYER, A SLOCUMB, A MACK 05/11/21 JMO TRAVEL TO AND FROM CITY HALL 1.50 525.00 05/11/21 TJB TELEPHONE CONFERENCE WITH JMO RE MOTION, 0.40 140.00 FOR CONTINUANCE OF TRIAL AND EMAIL CORRESPONDENCE TO CITY ATTORNEY CHEROFF RE THE SAME; EXCHANGE EMAIL CORRESPONDENCE WITH GAL BETSCH; RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM ANDREW MACK 05/12/21 JMO REVIEW PRETRIAL DEADLINES; ATTENTION TO 0.50 175.00 COURT'S AVAILABLE UMC DATES FOR HEARING ON MOTION TO CONTINUE; EMAIL G BETESH; TEL CALL T BAIRD; EMAILS WITH J CHEROF; EMAIL OPPOSING COUNSEL M STEMPLER 05/12/21 TJB CONFERENCE CALL RE TOWN SQUARE AND 1.00 350.00 DEFENDANT'S MOTION FOR CONTINUANCE OF TRIAL; REVIEW EMAIL CORRESPONDENCE TO THE CITY ATTORNEY; TELEPHONE CONFERENCE WITH JMO RE CONFERENCE CALL WITH OPPOSING COUNSEL 05/12/21 MSH REVIEW JUDICIAL ASSIGNMENT TO COURT CASE. ' 0.10 23.00 Page 225 of 120 City of Boynton each May 31, 2021 Represent City with respect to litigation over a development Invoice No. 240244 File No. 29049.00002 Page 3 05114/21 JMO TEL CALL OPPOSING COUNSEL M STEMPLER RE 0,40 140.00 TRIAL CONTINUANCE, NARROWING ISSUES, DEPOSITIONS, MEDIATION 05/14/21 JMO REVISE CORRESPONDENCES TO J PATERNITI, A 0,30 105,00 SLOCOMB, A MACK; EMAILS WITH G BETESH 05/16/21 TJB REVIEW DEFENDANT'S RESPONSE TOT HE CITY'S 0.20 70.00 2ND REQUEST TO PRODUCE 05/17121 JMO FMAILS WITH CHEROF,RE TRIAL CONTINUANCE, 0.20 70,00 CLIENT APPROVAL; EMAILS WITH OPPOSING COUNSEL AGREEING TO CONTINUANCE 05/17/21 JMO REVIEW JKM'S RESPONSE TO OUR SECOND 0,50 175.00 REQUEST TO PRODUCE; ATTENTION TO DOCUMENTS PRODUCED BY JKM, CONFER WITH ASSISTANT, G BETESH; EMAILS WITH G BETESH RE CITY 2019 EMAIL SEARCH, MEDIATION DATES 05/19/21 JMO EMAILS G BETESH, M STEMPLER RE TRIAL SETTING; 0.20 70.00 ATTENTION TO JUDGE'S UMC AVAILABILITY 05120/21 JMO LEAVE MESSAGE FOR JUDGE KEYSER'S JUDICIAL, 0.10 35.00 ASSISTANT RE TRIAL SETTING 05/20/21 JMO REVIEW AND REVISE OUR RESPONSES TO 1,20 420.00 REQUESTS FOR ADMISSIONS; EMAILS WITH G BETESH ; REVIEW DOCUMENTS 05/21/21 JMO EMAILS WITH OPPOSING COUNSEL RE SUBMITTING 0A0 35,00 AGREED ORDER ON TRIAL CONTINUANCE 05/21/21 JMO REVIEW OF CITY PRODUCTION/JKM 3.30 1,155.00 CORRESPONDENCE, DRAFT TIMELINE WITH NOTES RE EXHIBITS/ADDITIONAL DISCOVERY; NUMEROUS EMAILS WITH G BETESH 05/21/21 JMO EMAILS WITH M STEMPLER; REVIEW PROPOSED 0.10 35,00 ORDER ON CONTINUANCE 05/24/21 JMO TEL CALL G BETESH RE DISCOVERY, TASKS, 1.60 560.00 RESPONSES TO REQUESTS FOR ADMISSION 05124121 JMO EMAILS WITH M STEMPLER RE ORDER ON TRIAL 0,20 70.00 CONTINUANCE; EMAILS WITH STEMPLER RE EXTENSION TIME TO RESPOND TO REQUESTS FOR ADMISSION 05/24/21 JMO REVISE RESPONSES TO REQUESTS FOR ADMISSION 0.30 105,00 PER LENGTHY CALL WITH G BETESH; FURTHER CALL WITH G BETESH Page 226 of 1207 JONES FOSTER P.A. City of Boynton Beach May 31, 2021 Represent City with respect to litigation over a development Invoice No. 240244 File No. 29049.00002 Page 4 05/24/21 MSH COMMUNICATIONS WITH MS. SWANSON AT CITY 1.00 230.00 CONCERNING MAY EMAIL PRODUCTION LINK. DOWNLOAD MAY 20121 CITY EMAIL PRODUCTION CONSISTING OF MULTIPLE OUTLOOK PST FILES. 05/25/21 JMO EMAILS WITH G BETESH RE TRIAL CONTINUANCE 0.20 70.00 ORDER; EMAILS WITH M STEMPLER OFFICE RE HEARING ON 6/16 05/25/21 JMO EMAILS WITH G BETESH RE MEDIATION 0.10 35.00 05/25/21 JMO REVIEW DOCUMENTS PRODUCED BY J PATERNITI 1.70 595.00 AND EMAILS WITH SAME; REVIEW NUMEROUS DOCS FROM G BETESH RELATIVE TO UTILITIES COMPLETION; REVISE RESPONSE TO REQUEST FOR ADMISSIONS; CONFER G BETESH 05/26/21 TJB REVIEW EMAIL CORRESPONDENCE EXCHANGED, 0.50 175.00 BETWEEN JACK WEIR AND THE CITY RE EASTWIND'S PSA WITH JKM AFFILIATES; ATTENTION TO MEDIATION TOTAL HOURS 22.50 COSTS ADVANCED DATE AMOUNT 05/17/21 LEGAL RES EARCH-WESTLAW/LEXIS 170.22 $170.22 Page 227 of 120� JONES FOSTER P.A. City of Boynton Beach May 31, 2021 Represent City with respect to litigation over a development Invoice No. 240244 File No. 29049.00002 Page 5 PREVIOUS INVOICES OUTSTANDING AMOUNT AMOUNT AMOUNT BILL DATE BILLED PAID ADJUSTED DUE 239071 04/30/21 7,177.00 0.00 0.00 7,177.00 TOTALS: 7,177.00 0.00 0.00 7,177.00 Page 228 of 1207 6.C. Consent Agenda 7/6/2021 Requested Action by Commission: Proposed Resolution No. R21-067 - Approve and authorize the City Manager to sign an amendment to the agreement with Motorola Solutions, Inc. for a Premier One CAD, mobile, records and records mobile solution. Explanation of Request: The City has previously procured Motorola CommandCentral Aware and Motorola PremierOne Computer Aided Dispatch (CAD), Records Management System (RMS) and Mobile Reporting solutions (approved by Resolution R20-065). These two systems will interact with the Florida Department of Law Enforcement systems and the Federal Bureau of Investigations. As a result an amendment to the agreement with Motorola is required that references the Criminal Justice Information Services (CJ IS) Security Policy. The intent of this Security Addendum is to require that the Contractor maintain a security program consistent with federal and state laws, regulations, and standards (including the CJ IS Security Policy in effect when the contract is executed), as well as with policies and standards established by the CJ IS Advisory Policy Board APB. This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance of adequate internal controls within the contractual relationship so that the security and integrity of information resources are not compromised. The security program shall include consideration of personnel security, site security, system security, data security and technical security. How will this affect city programs or services? This system is critical to safety of first responders and the public by tracking and providing critical information when it's needed most. In addition, the reliability and efficiency of public safety dispatch management is dependent on a properly functioning CAD/RMS and Mobile solution. Fiscal Impact: There is no financial impact to the City associated with this amendment to include the security addendum. The previously approved contract fixed cost summary covering FY20-26 is provided for reference. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Page 229 of 1207 Is this a grant? No Grant Amount: Contracts Vendor Name: Motorola Solutions Start Date: 7/7/2020 End Date: 11/15/2025 Contract Value: $2,094,366.50 Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: The term of this Agreement begins on the effective date and continues for five (5) years (Initial Term). Following the I nitial Term, this Agreement will automatically renew upon the anniversary date for successive five (5) year periods. Attachments: Type D IRESOkAtioin Description IRESOkAtioin appiro�Aing Airneindirneint tc..) Agireeirylent Wth lMotc..)iroa fc..)ir Il ireirnier One CAD Page 230 of 1207 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN AMENDMENT TO THE 6 AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR 7 PREMIER ONE CAD, MOBILE, RECORDS AND RECORDS 8 MOBILE SOLUTION; AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 12 WHEREAS, the City has previously procured Motorola CommandCentral Aware and 13 Motorola PremierOne Computer Aided Dispatch (CAD), Records Management System (RMS) 14 and Mobile Reporting solutions; and 15 WHEREAS, these two systems will interact with the Florida Department of Law 16 Enforcement and the Federal Bureau of Investigations' systems; and 17 WHEREAS, as a result, an amendment to the agreement with Motorola is required that 18 references the Criminal Justice Information Services (CJIS) Security Policy; and 19 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 20 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve 21 and authorize the City Manager to sign an amendment to the agreement with Motorola 22 Solutions, Inc. for a Premier One CAD, mobile, records and records mobile solution. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption. 27 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 28 approves and authorizes the City Manager to sign an amendment to the agreement with S:ACA\RESO\Agreements\Ainendinent to Agreement with Motorola for Premier One CAD - Reso.docx -1- Page 231 of 1207 29 Motorola Solutions, Inc. for a Premier One CAD, mobile, records and records mobile solution, 30 a copy of the Amendment is attached hereto as Exhibit "A". 31 Section 3. That this Resolution shall become effective immediately. 32 PASSED AND ADOPTED this 6th day of July, 2021. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ATTEST: 49 50 51 52 Crystal Gibson, MMC 53 City Clerk 54 55 56 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga VOTE S:ACA\RESO\Agreements\Ainendinent to Agreement with Motorola for Premier One CAD - Reso.docx -2- YES NO Page 232 of 1207 I Consent Agenda 7/6/2021 Requested Action by Commission: Proposed Resolution No. R21-068 - Approve and authorize City Manager to sign an amendment to the agreement with Motorola Solutions, Inc. for the Motorola CommandCentral Aware software. Explanation of Request: The City has previously procured Motorola CommandCentral Aware and Motorola PremierOne Computer Aided Dispatch (CAD), Records Management System (RMS) and Mobile Reporting solutions. These two systems will interact with the Florida Department of Law Enforcement and the Federal Bureau of I nvestigations' systems. As a result, an amendment to the agreement with Motorola is required that references the Criminal Justice Information Services (CJ IS) Security Policy. The intent of this Security Addendum is to require that the Contractor maintain a security program consistent with federal and state laws, regulations, and standards (including the CJ IS Security Policy in effect when the contract is executed), as well as with policies and standards established by the CJ IS Advisory Policy Board. This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance of adequate internal controls within the contractual relationship so that the security and integrity of the FBI's information resources are not compromised. The security program shall include consideration of personnel security, site security, system security, and data security, and technical security. How will this affect city programs or services? The purchase of Motorola's software solution includes artificial intelligence technology that will enhance operational workflows and decision-making capability within the police department's Real Time Crime Center by providing real-time intelligence for complete situational awareness with four major components - mapping, video, event monitoring and communications. Fiscal Impact: There is no financial impact to the City associated with the approval of this security addendum. Funding sources are provided for reference: Funds for the acquisition have been budgeted via Grant Account #105-3326-521.64-14 for expenses and Revenue Account #105-0000-331.20-41. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Page 233 of 1207 Is this a grant? Yes Grant Amount: $465,860 Contracts Vendor Name: Motorola Solutions Start Date: 12/17/2019 End Date: 12/17/2024 Contract Value: $933,375 Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Type D IRESOkAtioin Description IRESOkAtioin appiro�Aing Airneindirneint tc..) Agireeirylent Wth lMotc..)iroa fc..)irCoirnirnaindCeintiral >oftm,.."iire Page 234 of 1207 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN AMENDMENT TO THE 6 AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR 7 THE MOTOROLA COMMANDCENTRAL AWARE 8 SOFTWARE; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City has previously procured Motorola CommandCentral Aware and 12 Motorola PremierOne Computer Aided Dispatch (CAD), Records Management System (RMS) 13 and Mobile Reporting solutions; and 14 WHEREAS, these two systems will interact with the Florida Department of Law 15 Enforcement and the Federal Bureau of Investigations' systems; and 16 WHEREAS, as a result, an amendment to the agreement with Motorola is required that 17 references the Criminal Justice Information Services (CJIS) Security Policy; and 18 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 19 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve 20 and authorize the City Manager to sign an amendment to the agreement with Motorola 21 Solutions, Inc. for the Motorola CommandCentral Aware software. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF 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 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 27 approves and authorizes the City Manager to sign an amendment to the agreement with 28 Motorola Solutions, Inc. for the Motorola CommandCentral Aware software, a copy of the S:ACA\RESO\Agreements\Ainendinent to Agreement with Motorola for CoimnandCentral Aware - Reso.docx -1- Page 235 of 1207 29 Amendment is attached hereto as Exhibit "A". 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this 6th day of July, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE S:ACA\RESO\Agreements\Ainendinent to Agreement with Motorola for CoimnandCentral Aware - Reso.docx -2- YES NO Page 236 of 1207 6.E. Consent Agenda 7/6/2021 Requested Action by Commission: Proposed Resolution No. R21- 069 - Adopt the City of Boynton Beach's Community Development Block Grant (CDBG) One -Year Action Plan for fiscal year (FY) 2020 authorizing the City Manager to sign the CDBG One Year Action Plan FY 2020. Explanation of Request: The City of Boynton Beach is in its twenty-fourth year of receiving federal grant funds as an entitlement community. As a requirement of the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program, and per 24 CFR Part 91 — Consolidated Submissions for Community Planning and Development Programs, the City is required to submit an Annual Action Plan. The Annual Action Plan is a component of the City's Five -Year Consolidated Plan for fiscal Year (FY) 2017- 2021. The Annual Action Plan is an application for funding for the CDBG Program, which identifies activities that will be undertaken each program year. HUD's published allocation of $597,962 to the City for FY 2020 is subject to HUD's approval of this Annual Action Plan. The City continues its focus on priorities that are essential to the primary objectives of Title 1 of the Housing and Community Development Act of 1974, as amended. Those objectives continue to be the provision of decent housing, suitable living environments, and the expansion of economic opportunities for its citizens, particularly low/moderate income persons. The City's CDBG Consolidated Annual Action Plan FY 2020 focuses on the preservation of existing housing stock, providing new affordable housing, and other non -housing community development needs associated with the reduction of poverty. Proposals were received as a result of public advertisement, emails and letters sent out to various non-profit agencies in the community. Additionally, a workshop was held for the purpose of explaining the program, eligibility requirements, and public input. Proposals were reviewed by a committee to evaluate the operation, services and budget. The activities selected for funding are services that are most beneficial to the community and are in accordance with the priorities established by the 2017-2021 Consolidated Plan. Adoption includes allocation of FY 2020 CDBG funds of $597,962 and the reprograming of FY 2019 CDBG program income of $63,000. How will this affect city programs or services? The Community Development Block Grant Program's purpose is to assist the City of Boynton Beach in meeting the needs of its lower income residents by offering a wide range of activities. The agencies that are being funded will offer domestic violence training, housing development, legal aid and fair housing education and various other forms of assistance that are considered public service. These agencies request funding to provide for staffing cost and other administrative cost related to the program. Aid to Victims of Domestic Abuse, Inc. (Public Service) — Aid to Victims of Domestic Abuse (AVDA) has provided prevention programming with youth and adults in Palm Beach County since 1992. AVDA violence prevention programming is aligned with the Centers for Disease Control's recommended public health model, Page 237 of 1207 aim prevent the occurrence of domestic and dating violence. The model consists of a 9 -session, evidence - informed, primary prevention curriculum for middle and high school youth, youth -led community impact projects, and a Community Action Team to engage adult influencers in supporting youth to develop healthy, equitable dating relationships. AVDA's comprehensive curriculum is age appropriate and culturally competent for youth living in Boynton Beach. Up to 2000 students will be engaged in the program. Funding Request $20,000 Committee Recommendation $39,847 Legal Aid Society of PBC (Public Service) — Legal Aid Society of Palm Beach County provides Fair housing education and outreach to citizens of Boynton Beach, such as fair housing enforcement activities, landlord tenant counseling and foreclosure representation, to ensure that local housing practices comply with Federal Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988, as well as local fair housing ordinances. Agency will conduct fair housing seminars and outreach events for Boynton Beach Residents, including community groups, persons with disabilities and housing industry groups. Funding Request $6,000 Committee Recommendation $10,000 Pathways to Prosperity (Public Service) — Pathways to Prosperity provides a comprehensive program for people who are willing and ready to move out of poverty. Through a 15-18 weeks Circles Training Class, goals and future plans are mapped out and coupled with tools to secure and retain better jobs. In addition, Pathways to Prosperity assist clients with emergency assistance (i.e., rent and utilities) and/or connect with community resource to meet need. Funding Request $35,000 Committee Recommendation $39,847 Boynton Beach Faith -Based Community Development Corporation - The Boynton Beach Faith- Based Community Development Corporation (BBFBCDC), a Community Based Development Organization, which offers the city more flexibility in achieving its community development objectives. BBFBCDC proposes to continue to provide ongoing support to the community and the City of Boynton Beach by facilitating the intake process for the affordable housing programs, as well as other ongoing community development initiatives. BBFBCDC will provide homebuyer counseling to minimum of 150 individuals, commence and complete construction and sale of at least five (5) single family homes, offer supportive housing opportunities for at least twenty (20) individuals/families who are either chronically homeless or at risk of becoming homeless, assist at least five (5) "mortgage ready" buyers secure mortgage/financing and down -payment (SHIP) assistance if needed and available, to complete home purchases as first-time buyers and collaborate with other groups/agencies/individuals to foster relationships that reduce crime, empower and educate residents to build a stronger and more economically viable community. Funding Request $128,700 Committee Recommendation $100,000 Summary: Sub -grantee funding $189,694 Planning & Grant Administration $119,592 Housing Rehabilitation Program $336,676 included $63,000 FY 2019 CDBG program income Housing Rehabilitation Delivery $15,000 TOTAL $660,962 Fiscal Impact: Non -budgeted. The City of Boynton Beach's CDBG allocation for FY 2020 is $597,962 and FY 2019 CDBG program Income of $63,000. 20% of the CDBG FY 2020 allocation $119,592 will be expended to administer the CDBG program. Alternatives: None recommended. Strategic Plan: Building Wealth in the Community Page 238 of 1207 Strategic Plan Application: Adoption promotes the preservation of existing housing stock, providing new affordable housing, and other non -housing community development needs associated with the reduction of poverty. Climate Action Application: N/A Is this a grant? Yes Grant Amount: $597,962 Attachments: Type D IRESOlUltioin D AddeindUlirn D AddeindUlirn D AddeindUlirn D AddeindUlirn D AddeindUlirn Description IRESOlUltioin appiroAin g the CUB(3) one, e'it actioirl pIain for F:::Y 2020/21 CD B(3) F:::Y 2020 Action IRla in ASSLAirainces, Certifications and Floweir Point Presentation Aid to Victirns ofIC:: oirnestic AbLAS(D, I inc, AICS ICS Iicatioin Boyintc..)n IBeach F:::aith Based CDC Appicatioin I egal lid Society of FIBC Appicatioin Fla thw,.."iys to Prosperity Appicatioin Page 239 of 1207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING THE CITY OF BOYNTON BEACH'S COMMUNITY DEVELOPMENT BLOCK GRANT ONE YEAR ACTION PLAN FOR FISCAL YEAR 2020/2021; AUTHORIZING THE CITY MANAGER TO SIGN THE APPLICATION, ASSURANCES AND THE CERTIFICATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach is in its twenty-fourth year as an entitlement community of receiving Federal Grant Funds; and WHEREAS, as a requirement of the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program, and per 24 CFR Part 91 — Consolidated Submissions for Community Planning and Development Programs, the City of Boynton Beach ("City") is required to submit an Annual Action Plan; and WHEREAS, the Annual Action Plan is an application for funding for the CDBG Program, which identifies activities that will be undertaken each program Year; and WHEREAS, HUD's published allocation of $597,962 to the City, for FY 2020/21 is subject to HUD's approval of this Annual Action Plan; and WHEREAS, the City Commission of the City of Boynton Beach deems it in the best interest of the citizens and residents of the City to adopt the City of Boynton Beach's Community Development Block Grant (CDBG) One -Year Action Plan for fiscal year (FY) 2020 and authorize the City Manager to sign the CDBG One Year Action Plan, Application, Certifications and Assurances for the FY 2020/21. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Approve CDBG One Year Action Plan 2020-21 - Reso.docx 1 Page 240 of 1207 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 hereof. 33 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 34 adopt the City of Boynton Beach's Community Development Block Grant (CDBG) One -Year 35 Action Plan for fiscal year (FY) 2020/21. 36 Section 3. The City Manager is authorized to sign the CDBG One Year Action Plan, 37 Application, Certifications and Assurances for the FY 2020/21. 38 Section 4. This Resolution will become effective immediately upon passage. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 PASSED AND ADOPTED this 6th day of July, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Approve CDBG One Year Action Plan 2020-21 - Reso.docx 2 VOTE YES NO Page 241 of 1207 CITY OF BOYNTON BEACH AI")A]M ]MRIIC)IIRECTOIl GI''°° GIIA]VTS IIMAIII AG�11111111R FY2020 One'Year Action Plan ,,J f"Y 0BOYNTON BEACH DEP'N' Tll`l",V,,lEN""' OF " COW",VNI-I'MITY D,,IVISQN EASTBOYNTON ',,3`4ACH BOULE",v'ARI BEACH, Rl DA 33,11,35 561,742,6359 FAX: 561,742,608'9 Page 242 of 1207 Executive Summary 1r r As a requirement of the U. S. Department of Housing and Urban Development (HUD)' Community Development Block Grant (CDBG) Program, and per 24 CFR Part 91 — Consolidated Submons for Community Planning and Development Programs, the City of Boynton Beach ("City") is required to submit an Annual Action Plan. The Annual Action Plan is a component of the City's Five -Year Consolidated Plan for fiscal Year 2017/2021. The City continues its focus on priorities that are essential to the primary objectives of Title 1 of the Housing and Community Development Act of 1974, as amended. Those objectives continue to be the provision of decent housing, suitable living environments, and the expansion of economic opportunities for its citizens, particularly low/moderate income persons. new affordable housing, homelessness and special needs, and meeting other nrusing and community development needs associated with the reduction of poverty, educational needs and economic development incentives. Fly -A��A ICIV A (Cl Program, which identifies activities that will be undertaken during the next fiscal year, These activiti selected for funding are in accordance with the priorities established by the 2017/2021 Consolidated PI and are in accordance with the primary objectives of the program. HUD's published allocation of $597, 962 to the City of Boynton Beach for Program Year (PY) 2020 is ti cubject of this Annual Action Plan. M It may also contain any essential items from the housing and homeless needs assessment, the housi -5i market analysis or the strategic plan. The City of Boynton Beach plans to undertake the activities in part AP -20 (Annual Goals and Objectives 0.1 this document.) for FY 2020. Which are: The City and the CDBG program committee considered the past performance of the CDBG subrecipients OMB Control No: 2506-0117 (exp. 09/30/2021) ki Page 243 of 1207 when determining the allocation of CDBG funds to proposed FY 2020-21 activities. The CDBG program committee considered funding requests from nonprofit organizations based upon the proposed benefit to CDBG requirements. CDBG funding was allocated only to activities that address the high priority needs of the 2017/2021 Consolidated Plan which were owner -occupied housing rehabilitation, public services, and neighborhood revitalization of the Heart of Boynton low-income target area. limited in the completion of housing rehabilitation cases. Its public services subrecipients had to fund alternative methods of delivering services such as virtual counseling and meetings, delivery of services directly to beneficiaries, and were forced to address the most immediate needs of its clients Such as accessing unemployment benefits and other emergency resources, Yr#7_rT1r-# Y fe-C4T11T 7 I'll 1 7174", 1 if F U. i waivers from the CARES Act. The following FY 2019 performance measures were based on the subrecipient and IDIS reports - 0 $40,240 in CDBG funding was expended including $5,986 in public services, education, and fair housing. No funds were drawn for planning and administration. 0 141 households were assisted with housing counseling and homebuyer mortgage readiness 0 14 houses were completed including new construction and acquisition rehabilitation for homeownership or rental 0 1,366 persons were assisted with public services including victims of domestic violence, and The City advertised the availability of CDBG funds in March 2020, held one public meeting in, solicited inpu) from nonprofit organizations, and encouraged residents to participate in the preparation of the FY 2021 Action Plan. WIF 1774-21 through Saturday, June 19,1021. T-Ws-r—ol" be ?, section of the Con Plan. 77TORM OMB Control No: 2506-0117 (exp. 09/30/2021) Page 244 of 1207 -1 ffy-L -ffitl- T where at least 51 percent of the populationlow and moderate Income. The City expects to receive $597,962 for IFY 2020 in CDBG funds. See Section AP -35 Projects for a detailed description of each activity. Below is a summary of the CDBG activities 4 o' ts. • Program Administration 1.:91Bfunds or program administration. Planning d administrative cost must notrr 20 percent o: the gr -t. 676 in CDBGfunds for r e d exceed• Public Services— $89,694 in CDBG funclsfor public services activities. The PublicServices allocation must not The Annual Action Plan was developed by the Department of Development/Division of Community Improvement with the following proc ss: • Consultation with other City departments and governmental entities 4/21/202 • Public and private entities 4/14/202 • Consultation with Community organizations and private citizens 03/26/2020 Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 09/30/2021) 3 Page 245 of 1207 PR -05 Lead & Responsible Agencies -91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program funding source. Role Name CDBG Administrator City of Boynton BeachDepartment of Development/Division of Community 1 Improvement Table i— Responsible Agencies Narrative (optional) Consolidated Pian Public Contact Information RJ Ramirez Grants Manager Department of Development 100 East Ocean Avenue, Boynton Beach, FL 33426 Telephone: (561) 742-6359 E -Mail: 9 Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 246 of 1207 and notifying local nonprofit agencies by email. Provide a concise summairy of the jurisdiction's activities to enhance coordination between service agencies (91.215(l)) 11''I Ill lilt il , , RM Premier Medical Center.. and Sani-tRsAWP-dArRWpjit-PL-Fxmy-Lvg Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. MIR a d arious other forms of housing. Emergency, self-sufficiency, intervention and homeless services are Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area ir determining how to allocate ESG funds, develop performance standards for and evaluat�! outcomes of projects and activities assisted by IESG funds, and develop funding, policies and procedures for the operation and administration of HMIS TRETVT7r6-dTr=6=Fn in not lrecliIMM-M—Y—unas, but continues to collaborate with the Palm Beach County Continuum of Care on issues addressing the needs of homeless and those at risk of becoming 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other Annual Action Plan 2020 OMB Control No: 25ua-0zolexpomso/2uz) W Page 247 of 1207 table 2 Agencies groups organizations who participated .....,..,,,, 1 Agency/Group/Organization Boynton Beach Faith Based Community Development Corporation Agency/Group/organization Type 'Housing Neighborhood Organization .. ............. ,,,,,,, — „ .... What section of the Plan was addressed by Consultation? Housing, Homeless Special Needs, Homelessness Strategy, Market Analysis . ............................ ........ _._......... ...... .... ........... ._ Briefly describe howt he Agency/Group/Organization was Community Based Housing and Community Development Organization located within the target area. This organization will be providing affordable housing, consulted. What are the anticipated outcomes of the ousing education and credit counseling. consultation or areas for improved coordination? 2 ....� Agency/Group/Organization Delray Beach Housing Authority ..... . ... Public Housing Authority Agency/Group/Organization Type What section of the Plan was addressed by Consultation? Homeless Needs -Chronically Homeless, Homeless Families with Children, i Veterans, Homelessness Strategy. _.__...... . ..... Briefly describe how the Agency/Group/Organization was It was consulted about section 8 vouchers and Family Self-Sufficient Program. Phis organization will continue to help transitioning homeless individual from consulted. What are the anticipated outcomes of the public housing to homeownership. It will also continue to assist family served consultation or areas for improved coordination? Through Section 8 subsidized housing program, become economically independent, home. yet obs, further their education and eventually purchase a i 3 Legal Ai - Agency/Group/Organization id of Palm Beach County, Inc � ....................................... .. ........ _ _., m .. ... ... .. ._..... ..... Agency/Group/Organization Type Fair Housing Legal Advice to Low Income Residents ....................................... ............. ........... ...... ............ . ...... _............ What section of the Plan was addressed by Consultation? Fair Housing Compliance and Education .....j ....., Briefly describe how the Agency/Group/Organization was Legal Aid of Palm Beach County, Inc. will continue assist to low income residents j �,Nith legal advice regarding housing complains within the jurisdiction and keep consulted. What are the anticipated outcomes of the 1�he city apprised of the educational needs of its residents, lenders and other consultation or areas for improved coordination?Mrivate housing providers Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 248 of 1207 4 ................. - .. Agency/Group/Organization ... ® ...... -.-__ .................... .._.. 1Homeless Coalition of Palm Beach County, Inc. ........ .......... _, Agency/Group/Organ ization Type ......,,,o„ ,,� dousing What section of the Plan was addressed by Consultation? Dousing needs, and homeless need strategy. _,_...._... Briefly describe how the Agency/Group/Organization was ...... _ .... _... IOomeless Coalition of Palm Beach County, Inc. was consulted regarding housing consulted. What are the anticipated outcomes of the IDeed in the community and homeless need strategy. The organization will ontinue to serve low income individuals to prevent and end homelessness in our consultation or areas for improved coordination? ..... ... ..... ... .___. ._._. ..7 Community. ..... ......... 5 Agency/Group/Organization ..�.... _. .. ,.ii.. .... .. Pathways to Prosperity Inc Agency/Group/Organization Type Education and Employment """"""� -,........... _..... What section of the Plan was addressed by Consultation? ..... _ _ ......... ._. ....,.,.,.,,, _ Antipoverty strategy for low-income individuals and homeless families with 1"hildren. �.....................�..... Briefly describe how the Agency/Group/Organization was ...................... .... .............. . .„ �„ .... Pathways to Prosperity Inc. was consulted abort how to increase economic consulted. What are the anticipated outcomes of the opportunities to low income families. The organization will continue to address I;he underlying causes of poverty and support low income families in a holistic, consultation or areas for improved coordination?ong .............................................................,,,,,,,,....... _. .. term pathway to economic stabil 17 _._ �...... 6 Agency/Group/Organization .,,..... ...... id to Victims of Domestic Abuse, Inc. (AVDA Agency/Group/Organization Type T� ... Domestic Violence Outreach and Domestic Violence Prevention .. .... What section of the Plan was addressed by Consultation? ....,._ ....... ._ ... __w .... .,,,..m..., .....__. „„„ . Emergency transitional housing, advocacy and counseling. Briefly describe how the Agency/Group/Organization was �,. ,...._.. ........�.... _ , mtVDA was consulted about emergency transitional housing, promoting viol ence- consulted. What are the anticipated outcomes of the free relationships and social change. ADVA will continue to offer alternative choices to victims of domestic violence to help them live violence-free and self- consultation or areas for improved coordination? sufficient lives. Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 09/30/2022) Page 249 of 1207 Identify any Agency Types not consulted and provide rationale for not consulting Boynton Beach Community Caring Center. The organization got dissolved. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Pan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each pl �,-„ �, m��, ....... r, .....__ , _ ......�. �.. Continuum of Care Palm Beach County Health ",he City collaborates with Palm Beach County to implement strategicgoals and and Human Services ollcies under the Continuum of Care. . Table 3 —Other local / regional / federal planning efforts � Narrative (optional) Annual Action Plan 2020 OMB Control No: 2506-0117(exp. 09/30/2021) Page 250 of 1207 AP -12 Participation — 91.105, 91.200(c) I. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal -setting Notices of the funding was distributed city wide as well as within the CDBG target area to churches, day cares and other public facilities, in addition to the City of Boynton Beach website and social media pages. Only one Non -Profit organization attended the meeting due to the Corona Virus Outbreak. The needs assessment/public participation meeting was held on March 26, 2020 at the intracoastai Park Clubhouse located at 2240 North Federal Highway Boynton Beach, FL 33426. Notice of the plan and final approval from the Commission was advertised in a local newspaper of general circulation on May 20, 2021 Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of Summary of Summary of comments I URL (If response/attendance comments received not accepted applicable) .....__,.._ ®_�� . and reasons Notice of Funding Non- targeted/broad Availability was community published in Palm Beach Post and the Palm 1 Newspaper AdNon-profits and City Beach Post website. No Written N/A N/A 1 ., ........................................................._„ departments _ .... Comments w....... .. _ .. ,,. ....... yW ......................�1 Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 251 of 1207 ........__ Sort Order Mode of Outreach i Target of Outreach ......... �,�, Summary of _ ...__.._ Summary of _ ....__,_ Summary of comments URL (If response/attendance comments received not accepted applicable) ........ l... __ ....__ ..... _. ,, ,: and reasons s Notices for the March 26, 2020 CDBG woorkshop meeting were Non profits emailed to non-profit 2 Email agencies. N/A N/A N/A The City Held a public f Non-targeted/broad nneeting workshop on �,ommunity March 26, 2020 with on-profit agencies to No Written 3 Public Meeting INon-profit agencies discuss the application Comments „,end City departments process and N/A N/A requirements. Only one igency was in Tlttendance due to the T,.OVID-19 outbreak Annual Action Plan 10 2020 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 252 of 1207 Annual Action Plan 11 2020 OMB Control No: 2506-0117 (emp. 09/30/2021) Page 253 of 1207 Expected Resources AP -15 Expected Resources — 91.220(c) (1,2) Introduction The primary objective of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment,and economic opportunities, principally for persons of low and moderate income. The City received $63,000 in program income in FY 2019, these funds will be added to the housing Rehabilitation program in FY 2020 as prior year resources. In addition, the City will leverage the activities identified in the Action Plan with state funding and local general funds. As other activities or needs arise, the Commission will be approached to provide necessary funding. Annual Action Plan 12 2020 OMB Control No: 2506-0117 (exp. 09130/2021) Page 254 of 1207 Anticipated Resources Program Source Uses of Funds Expected Amount Available Year 1 �- p _....� —'- Expected p ...... �IarratQveOesc��Ption of Funds Annual Program Prior year Total: Amount Allocation. Income. Resources: $ Available $ Remainder of ConPlan CDBG.. Public q � � Admin e Cly allocates COBS funds for a Federal and Planning arlety of activities including housing conomic rehabilitation, and public services, evelopment musing Public improvements ublic Services 597,95Zp63,000 X660,962 X97962 .,��........................................ ..._ ..... .� Table 5 -Expected Resources -Priority Table ,..... ..... ,,.o, .... Annual Action Plan 13 2020 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 255 of 1207 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Federal Funds will be leveraged with State of Florida SHIP funds, where available, for housing rehabilitation of existing housing. The City of Boynton Beach will provide ad valorem funds for staffing. where available, the city will donate vacant city -owned lots to community development corporations for the development of new housing as part of its neighborhood revitalization efforts. Annual Action Plan 14 2020 OMB Control No: 2506-0117 (exp. 09/30/2021) Page 256 of 1207 If appropriate, describe publicly owned land or property located within the jurisdiction thatmay be used to address the needs identified in the plan Publicly owned land is donated to local nonprofit developers to provide homeownership to first time homebuyers. Discussion Annual Action Plan 2020 DMB Control No: 2306-0117 {exp. 09/30/2021) 17 Page 257 of 1207 F41.9V-tWA=-7 " "1 11 I'll 1 "41IM12=0 Soals Summary Information Sort Goal Name Start End Category Geographic NeedsAddressed Funding Goal Outcome Indi I c I a . tor Order Year Area I Maintain safe and 2021 1 Housing Citywide of $3SI,676 Rehabilitate 6 household housing units Jfordable housing 7ordable �"Reilhabilitation sting units 2 Revitalize low 2017 2021 Affordable Housing -4 LM I areas ............... . . . . . . . Production of new', $100,000 New housing production - 5 units ad income area 1, ind Community units/housing Provide affordable housing �evif#!�ation . . .............. .... -�Non-Hou�ing ounseling . ........ pportunities to at least 30 families I . . ..... . —11,11, 3 P rovide new or 2017 2021 "Itywide �General public $89,694 ............ ..... - - ------ �ublic service activities otherthan LMI increase public 'Commu n ity services ousing benefits �ervices evelopment P 4 .... . ....... Planning and . .. .. ....... 2017 2021 CAher/PlannIng and - - - — ---------------- ltywi e . . . ............. Re a flitation of $119,592 Non-specific 4-dministration Administration existing units, production of new units, housing z,ounseling, ggneral public .. ............ .. .. .. .. ...... ................... .. .. .. .. .......... ........................... . . p,ervices Table 6- Goa Is summary Annual Action Plan 18 2020 OMB Control NO; 2506-U17 (exp. 09/30/202 1) Page 258 of 1207 Annual Action Plan 19 2020 OMB Control No: 2506-0317 (exp. 09/30/2021) Page 259 of 1207 Projects AP -35 Projects — 91.220(d) Introduction The City of Boynton Beach Plans to expend its CDBG funding on the Planning and Administration of the CDBG Program, Rehabilitation of substandard housing and the cost to administer the project. The city will also fund local nonprofit organizations that will provide needed services that will assist in the improvement of the quality of life for our underserved population. Projects Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The City allocates CDBG funds to activities that address the priorities of the 2017-2022 Consolidated Plan and comply with CDBG regulations. The priorities are housing, self-sufficiency, homeless prevention, fair housing education and housing preservation. The City and the CDBG Program Committee considerfunding requests from non-profit agencies based upon the proposed benefit to low- and moderate -income Boynton Beach PedA the agencies demonstrated capacity to carry out the proposed activities, the financial feasibility of the proposed activities, and the amount of funding available. Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 09/30/2021) 20 Page 260 of 1207 AP-38 Project Summary Project Summary Information Project Name . .... . . .... — . ................................................ . . . . . . ........ __ . . .... . ....... . ....... CDBG Administration . . ....................................... Target Area I,—,, . ____ . ....... . ................ ____ . . . . ................ . . . . ........... . ....... .......... . Citywide . ......... . . ........ ................. Goals Supported .. ........................ ..... .. . ... . ... . ...... ......................................... ........ . ............ Program Administration . . . . ..... . . . . ... . . ................. Needs Addressed - . . . ........................... . . . . . . . ................ . Program Administration Funding . . ............................................. __ . . ...... . .. . ................. CDBG: $119,592 .. .. . ... . ..... D e s cr i p tion . . . ................ ........... . ....... . Administration of the CDBG program to include staff and other related Est of program management, coordination, monitoring reporting, I evaluation and oversight. Subject to statutory limitation of 20% of li.nnual . ....... . . ........................ . . . ................ . . . . . . . ................................. allocation. ...................................................... --------. ........ __111 . . . ................... . Target Date 99/30/2021 Estimate the number and ................ . . .... . . . . . . . ................. ......... . . Not Applicable type of families that will benefit from the proposed activities Location Description . ........ . "I ................ . . . ............. . . Citywide ........... . .................. Planned Activities . ................ ................ . . . . ........... . . . . .. . . .. ... Daily administration of the plan to include monitoring of subrecipients, providing technical assistance, reporting and other administrative duties, ........................... . . . .............. - 2 Project Name — ----- - ................. . . . ..................... . Housing Rehabilitation .. . . ........ Target Area . . ................................................................. ........................ . . . ......... . . . ................ ___ ............... . ..... . ........ Citywide .. Goals Supported ......... .................................................................... . . . ......... . . . . ........ . . .... . Housing . . .......................... Needs Addressed . ........................ . . ................ . ..... . ............ . . ........ Housing — ...... ...... . .... ..... .............. .......... ........ Funding ................................... . . . ................. ... .... ..... . ..... - .. . ....... � $336,676 ................................. Description . . . ........ . . . . ................................. . ........... The rehabilitation of existing single -family homes to include roof 11 ,Teplacement or repair, installation of energy efficient windows and kloors, plumbing repair, electrical upgrade and other repairs in an �effort to eliminate slum and blight, and preserve the city's housing stock. ............. . ....................... ........................ Target at . . . . . ............ . . ..... .......... ........ . . 9/30/2021 ... ........................ ........... . . ... . . . . ... . ........ . . ....... . OMB Control No: 2506-0117 (exp. 09/30/2021) 21 Page 261 of 1207 Estimate the number and Estimates six (6) families will benefit from this activity type of families that will benefit from the proposed activities 'ocation Description Page 262 of 1207 .......... Planned Activities .. ... . . ......... .......... Marketing program, application intake and certifying eligibility of applicants. 3 ...................... Project Name . . . . .................................. . ..... . ...... . . . . ............. ... Housing Rehabilitation Administration Target Area . . . . . ................. . ........ . . .............. --- ......................... . . - — ----- . . . . . ................. Citywide _ .......... Goals Supported .. . .............. . ................. ........................................ Administration of the Housing Rehabilitation program Needs Addressed . '' ...... . . . ....... . . . ......... . ......... Housing . .. ... .. . . ....... . . ........ Funding .. . . ........... CDBG: $15,000 ............. Description ts Costs associated with administering rehabilitation to include writing work specifications, inspections, daily monitoring of projects, interaction with contractors and sub -contractors. ................. . . . . . . . . . . . . . . . . . ....................................................... Target Date ... . ............. . .... I ....................... 1111"I'll ...... . . ................ . ................ . . ................. . 9/30/2021 ............................................. Estimate the number and -- - - -------- ...................... 6 families are expected to benefit from this activity. type of families that will benefit from the proposed activities Location Description ................ . ......... . . . .......... . . . . ....... . .... Citywide with emphasis on the Heart of Boynton target area Planned Activities . ............ . ............ .. . . ............... �� - — ---- Costs associated with administering rehabilitation to include writing work specifications, daily monitoring of projects, interaction with contractors and sub -contractors. 4 1Aid . ................ .__' . ........... . to Victims of Domestic Assault Target Area ......................... ------- ......................... . . . ........................ . . ........ Citywide ............ Goals Supported ..... ................ . . . ......... Public Service Needsdressed . . ...... Education - . . . . . . . . ............... . ....... Funding ................................................. . . .. . ..... . . . ....... CDBG: $22,176.49 . .............. . . . . ................... . ............ . . Annual Action Plan 22 2020 OMB Control No: 2506-0117 {exp. 09/30/2021) Page 262 of 1207 -11 . ........... -_ Description Domestic Violence education for local High School students teaching curriculum how to identify potential domestic violence and avoidance, Target Date 9/30/2021 ....... .................................................. ......... ... Estimate the number and . . . . ............... --11111 ................ . . ........ . . 160 students in classroom type of families that will Up to 2,000 students in assemblies attending presentations benefit from the proposed activities .. . .... . ............... - - - ------------------------- . ............................ . ..... . . . . . . ...... . ...... . ...... . fCitywide Location Description Planned Activities - ----------- . . ..... Classroom activities ...... 5 - -------- - -------------- . .......... Project Name . ..................................................... . . . ...... . . . . . . . . . ......... ____ .. . ....................... . . . ......... Legal . ......... ............... Society of Palm Beach County Target Area ................... .. .. ........ . . . -------- ........... . . ........................ . . . . ........ . . .... . . . ........ . ........... . Citywide Goals Supported . ....... . ......... . . . . . . . ................. ....... ..................... . . Education and Fair Housing ............................... . . . . . . . . ........................ . . . . . . . .................... ................. Needs Addressed w ........ . ......................... . . . . . . . . . . ................ - . . . . ................ .............. Education and Outreach to inform the underserved Population about ... ... .......... !fair housing laws and their legal rights. Funding CDBG: $10,000 1 -_1111111111 ......................... . . ....... Description . ... ............... . . . ............... . . Fair Housing Education, and legal aid assistance to low, low -moderate ------- . . . ........ income persons/families in Boynton Beach. ............................. . . . . . . . . . . . -6/3' Target Date 0-/ I Estimate the number and .... . ......... .. . .......... . ........ 25 low and low to moderate -income persons estimated to benefit type of families that will from this activity. benefit from the proposed activities Location Description ... . . . ................. ............... ---,"'I, ... ... Citywide ........................................................ . . ...... Planned Activities ... ........................ . . .................. . . Fair Housing education and complaint follow up, . ........... . 6 . . ............... Project Name ................................................................................. ........................ ........ . . . . . .................... . ........... . . ........ Pathways to Prosperity, Inc. ................................. . Target Area . . ........ ................. ........... Citywide ............................. . . ......... Goals Supported . .................... . . . . . . ................. . . . .............. . . . . Empower low-income individuals to help solve community problems - ----- _ -------- - . . . . ......... ............................................... �Nhile transitioning out of poverty themselves. .................... . . . . . . ................ .... . . ..... Needs Addressed . .................. §,,-elf-Sufficiency and homeless prevention . . . . .. . . . ........... . Funding ......................................................................................................... . . .... .. .............. . . . .. ....................... .. .. . . . ............... ICDBG: $39,847 ................................... . . . .. . ...... . .. . ----- . ..... Annual Action Plan 23 2020 OMB Control No; 2506-0117 (exp. 09/30/2021) Page 263 of 1207 ..... escri tiers ........ _ ... ........-....--_____ ....m_ Vtgency provides education, job placement, financial education and lanning to low income residents predominately within the Heart of ......... oynton ..� ..m. �..___ ......... Target ate 9/30/2021 ...., ...... .................... .............. ...................... ......_._ --------- - ., _._. .e ..... .......... Expects 20 families to benefit from this service. Estimate the number and type of families that will benefit from a proposed activities i Locati escri ti ;citywide with emphasis on the Heart of Boynton target area ed Activities Education, financial training and literacy, family counseling within the Heart of Boynton fProject Name . ...... ... .. ......_....,m . _ . . Boynton Beach Faith Based Community Development Corp. I .,,��................................................. Target Area .... .......— „ �� — Low- and Moderate-income Areas Goals Supported n„ fordable housing, rehabilitation of distressed . g properties, _ _....., Homebuyer education and counseling Needs Addressed ... ...._ ................................. Housing �......__� ........... —.. _... a, „. ni CD G; $100,000 Description LocaCommunity ousing and ent Corporation assists Y lredeveloping the low-inccome with Heart of Boynton low-income targ t area with affordable housing, homeownership, housing counseling, support ort housing, services for persons with IV/AIDS, community organizing and community leadership development. Screens applicants and pre ualifies them to become first time homebuyers. Facilitates new construction as well. . Target [late ......... 9/30/2021 ......... ......... ............. .... _.., .. �,..... Estimate the number and 30 L I families type of families that will benefit r e proposed activities .............._ ... Location Description _ �.,.. .... . Heart of Boynton L I area .,. Planned civities ..... _....... _ . ....... .... ®. .� Neighborhood redevelopment, marketing, home buyer's certification ,workshops and credit counseling. Housing development, housing ......... counseling, community organizing and community advocacy. „ Project Name to be Determined Public Services f ar et real .® itywide ._....... Goals Supported ,� _ .. .... ........ to be Determined ........ _. Needs Address _ ------ T,o be Determined — JI - ------------------- _......... �,,,, .... ... �Furling t DBG: $17,670.51 ................ _,�.,..� ,, Annual Action Plan- �� 24 2020 OMB control No: 2506-0117 (exp. 09/30/2021) Page 264 of 1207 Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 09/30/2021) 25 Page 265 of 1207 111«1�1 lii� :111ilrer Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City selected projects for funding that benefit low- and moderate -income neighborhoods. Activities tha) provide direct/individual benefit will also be offered on a citywide basis to low- and moderate -income households. The areas identified as the Heart of Boynton with census tracts 61.00, 62-01, 62.03 and 57.01 which is composed of high concentrations of minorities and families with the lowest incomes in the city remain the areas of preference to benefit from the Community Development Block Grant Program. The area is east of Interstate 95, and west of the FEC railway, north of Boynton Beach Blvd., and south of the C 16 canal. 4VIII VIII... oI IIIIIF� it Ip III f IF u n d s ...... . .... 15 Citywide 85 Table 8 - Geographic Distribution Funds are targeted to meet the National Objective of benefitting low- and moderate-incorne persons, The parts of the city. There is an abundance of substandard housing requiring rehabilitation. A minimum of 51% of CDBG funds will be expended on very low to low-income persons/fa mi lies. Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 09/30/2021) 26 Page 266 of 1207 Affordable Housing AP -55 Affordable Housing — 91..220(g) Introduction Affordable Housing continues to be a priority with the City of Boynton Beach through the provision of staff support for city personnel and the city's support of its local Community Housing Development Organization, the Boynton Beach Faith Based Community Development Corp., and Pathways to prosperity. This support will be by providing financial literacy, credit counseling, and self-improvement opportunities through job placement. The city will be providing financial support through its funding allocation from the State Housing Initiatives Program (SHIP), if available, and donations of buildable lots, which will help fray the costs, associated with home ownership. One Year Goals for the Number of Households to be Supported ........ ........ mm Homeless O Non -Homeless Special -Needs 15 Total �3 5 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Sup ......... .......................... Rental Assistance 20 The Production of New Units 5 Rehab of Existing Units Acquisition of Existing Units Total 135 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion The City of Boynton Beach will collaborate with the Palm Beach County division of Human Services Homeless and Housing Alliance (Continuum of Care) to provide referral services for people who are homeless. Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 04/30/2021) 27 Page 267 of 1207 W'rW'J"-FJV-T I -T -N&SM7 MMMAWw IT 1-fitro(euctio-,ti The City of Boynton Beach does not have a Public Housing Authority. However, the Delray Beach Housing Authority maintains tenants in scattered units throughout the city. These tenants are kept aware of opportunities that become available within the city that will improve their living standards. They are notified wheneverjob fairs are scheduled as well as the CDBG process, Planned housing workshops, job fairs, and fair housing workshops will be held by our subrecipients. Public Housing Residents will be invited as applicable. Actions to encourage public housing residents to become more involved in management an' -t participate in homeownership N/A If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance Not Applicable Discussion Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 09/30/2021) 28 Page 268 of 1207 AP -65 Homeless and Other Special Needs Activities — 91.220(i) Introduction City ot Boynton Beach recognizes the need to address the homeless individuals and families, and those persons with special needs. A portion r of .s are set aside forr . }members with developmental disabilities. The City funds with CDBG monies, local non-profit agencies who provide services to the homeless in cases of emergencies, and further assists them to obtain permanent assistance through the Palm Beach Cowl. • r r r Describe the jurisdictions.;. goals ., actions for including Reachingout . homeless persons (especiallyrpersons) individual}, While the City *..s * receive ol + e City supportsPalm Beach County Continuum of Care strategies to address homelessness.Additionally, r ,} r .. � other to } add hxm ,related ..r,6. the �r sw t •-Al walsumm'011 .� - r r� .I 1111 11111WIMI r .I III . J J. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals r" families to affordable ho + units, and preventing individuals and families recently homeless from becoming homeless again r homeless.Housing Alliance (Continuum of Care) and the Phillip D. Lewis Center providing referral services for people who are OMB Control No: 2505-0117 (exp. 09/30/2021) W Page 269 of 1207 Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The city works with Boynton Beach Faith Base Community Development Corporation., Palm Beach County Office of Economic Sustainability and the Palm Beach County Division of Human Services homeless and Housing Alliance (Continuum of Care) to help low-income individuals and families discharged from publicly funded institutions or systems of care to avoid them becoming homeless. Discussion The City makes referrals of person at risk of homelessness to the Palm Beach County homeless services. Annual Action Pian 2020 OMB Control No: 2506-0117 (exp. 09/30/2021) 30 Page 270 of 1207 = - �, 7 . The City of Boynton Beach remains committed to providing Affordable Housing. The city and its Community * vALLCO-QUW-9 SILI XU X LM -A r a -r r i z nft-W #, r ja�k, housing. The city actively seeks to assist potential homeowners and developers interested in developing in our community. U, n4n4-vz ;"10&XWWWSZ-4V4--_d5 U. rriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and Policies affecting the return on residential investment 51M �11VTATT housing. The City moved to lessen restrictions on development of non -conforming lots, The regulations focused due to lot size and frontage requirements. In order to allow single-family residences to be built on these lots, area. This action furthered the City's goal of increasing the inventory of attainable housing. Community Improvement staff continue to work closely with the city's' Planning Department and is currently strategizing with local affordable housing providers. Staff remains committed to the follow • Explore actions to eliminate land development regulations that impede affordable housing • Continuing supporting traditional lenders who support affordable housing and promote equal housing for all • Educate low and very low-income persons of fair lending rights and policies • Prioritize the provision of housing for very low, low, and moderate -income families with persons with physical or mental disabilities The production of affordable housing requires intense collaboration with lenders, developers, community leaders, and local government. It requires many incentives to keep everyone at the table in an effort to eliminatz stigmas that may be associated with the production. All involved need to understand what the investment does to the community. Annual Action Plan 2020 OMB Control No: 2506-0117 {exp. 09/30/2021) 31 Page 271 of 1207 AP -85 Other Actions — 91.220(k) Introduction: The City of Boynton Beach will undertake a variety of activities aimed at addressing the needs of the low- a odeoor] mrate-incme ooo husehlds. This includes providing affrdable housing to the extremely low-inc r m ooT lulatiani. ad -lessips-s. pid The City supports services and projects aimed at addressing homelessness, social services, and housing affordability. The Cityof Boynton Beach will continue its current initiatives and collaborations with sub grantees, other publiclprivat gi !I underserved residents, Programs utilizin IDBG funds and other count i wide sources. rtinpme-imerp "RE19- I"Iffl, ismat;4lavoilill I" The City preserves existing affordable housing stock by help financing rehabilitation of affordable housing projects or negotiating with the new owners of affordable housing projects, The City continua I lys u pports the preservation and development of affordable housing to maintain and increase affordable housing supply. Addition incentives offered are expedited permitting, and reduction in building fees. Regulations requiring testing and mitigation of units built prior to 1978 all have risk assessments. The evaluation determines the necessary measures to be taken in order to create safe environments for families who may occupy properties suspected of being contaminated as required by HUD's Lead based final Rule, effective September 2000 (24CFR 35). Only certified lead abatement contractors will perform lead abatement. � =�M r r r,. r The city's Economic Development efforts will provide incentives for business owner that will address the reduction of poverty level families. Businesses will be required to hire low-income families at cost of living wages. Additionally, our sub grantee Pathways to Prosperity offer services that help develop employability skills for residents, thereby increasing their household incomes. Finally, the City supports applications for CDBG funds forjob training and placement outh and adu Its. Annual Action Plan 2020 QMB Contra[ No: 2506-0117 (exp. 09/30/2021) M Page 272 of 1207 Actions planned to enhance coordination between public and private housing and social service agencies The City will continue to work with public and private agencies to coordinate the delivery of housing and related services. The City also maintains close relationship with nonprofit organizations that provide social services to the community. The city administers its homeowner programs for existing and new homeowners with CDBG and State funding with its collaboration efforts with lenders, housing providers, and public housing agencies. This delivered with credit counseling, budgeting, and foreclosure prevention. Discussion: Annual Action Plan 2020 OMB Control No: 2506-0117 {exp. 04/30/20211 33 Page 273 of 1207 Program Specific Requirements AP -90 Program Specific Requirements — 91.220(1) (1,2,4) Introduction: Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in theProjects Table. The following identifies program income that is available for use that is included inprojects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $63,000 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float -funded activities 0 Total Program Income: $63,000 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Action Plan 34 2020 Page 274 of 1207 PAGE INTENTIONALLY LEFT BLANK Annual Action Plan 2020 OMB Control No: 2506-0117 (exp. 09/30/2021) 35 Page 275 of 1207 OMB Number: 4040-0004 Expiration Date: 12131/2022 Application for Federal Assistance SF -424 * 1. Type of Submission: • 2. Type of Application: * If Revision, select appropriate letter(s): ❑ Preapplication ® New ® Application ❑ Continuation * Other (specify): ❑ Changed/Corrected Application ❑ Revision ........ 3. Date Received: 4. Applicant Identifier. 5a. Federal Entity Identifier: 5b. Federal Award Identifier. State Use Only. *Slreetl: 1100 East Ocean Avenue Street2: *City. Boynton777 Beach .......... ...... County/Parish: .. .__ . palm Beach �. ...... _: `State: �FL Florida .. Province: * Country: OSA: UNITED STATES `Zip/ Postal Code: 33435-0310 e. Organizational Unit: Department Name:Division Name Development Community Improvement -_ ................................. ....... __. f. Name and contact information of person to be contacted on matters involving this application: Prefix: }fir ' First Name: *J Middle Name: __ Last Name Ramirez .. .. .. .. Suffix: Title: dGrants Manager Organizational Affiliation: .... , ... ........_...... - n............ ......._ ........ _ _,_..- .... ._....� ...... _... .. "Telephone Number:1561-742 6359 0 Fax Number: *Email: ramirezr@bbfl.us Page 276 of 1207 Page 277 of 1207 Application for Federal Assistance SF -424 16. Congressional Districts Of: ` a. Applicant 123 Attach an additional list of Program/Project Congressional Districts if needed. Add Alta 17. Proposed Project: * a. Start Date 10/41/2020 18. Estimated Funding (S): * a. Federal • b. Applicant • c. State d. Local " e. Other * f. Program Income ` g. TOTAL www * b. Program/Project *b. End Date 09/31)/2021 * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the Stale under the Executive Order 12372 Process for review on -� ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. _... ® c. Program is not covered by E.O. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If' Yes,' provide explanation in attachment.) ❑ Yes ® No If "Yes", provide explanation and attach .. .. .. .. .. .... ,/r, �l„ Epi/ 1 �f �✓ u, 9 r 1'.! /// 21. *By signing this application, I certify (1) to the statements contained in the list of certifications"* and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply wlth any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ® ** I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: ... .... * Telephone Number: 561--742-6010 Fax Number: .._ ....... .... ... ... ................. * Email LaVerriereL@bbfl.us — . * Signature of Authorized Representative: * Date Signed: mmmm .........m. Page 278 of 1207 4 1 I'll AAfl&&1fffr"# 0011"An I NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact t Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to addition assurances. If such is the case, you will be notified. i 1 . Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management and completion of project described in this application. —, ;W#YfflJV-TXVTTUJ —Iel of the United States and, if appropriate, the State, the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency dire(gives. 3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project, 4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review anif, approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State. 6. VVill ate and complete the work within the applicable time frame after receipt of approval of the awarding agency 7. VVill establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizationi-�,? conflict of interest, or personal gain. I 8. Will comply with the Intergovernmental Personnel Act of 1970 ,+ ,r U.S.C. §§4728-4763) relating to prescribed standards of merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPIVI's Standards for a Merit System of Personnel Administration (5 CF.R. 900, Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42§§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabation of residence structures. 10. Will comply with all Federal statutes relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P1. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) US.0 §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age� (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended relating to nondiscrimination on the basis of drug abuse; (f)l the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism: (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VI I I of the Civil Rights Act of 1968 (42§§3601 as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statue(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statue(s) which may apply to the application. Authorized for Local Reproduction Standard Form 4241) (Rev. 7-97) Prescribed by OMB Circular A-102 Page 279 of 1207 11. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Will comply with the provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327- 333) regarding labor standards for federally -assisted construction subagreements. 14. Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15. Will comply with environmental standards which may be prescribed pursuant to the following; (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Federal actions to State (Clean Air) implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P. L. 93-205). 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq). 18. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations." 19. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 20. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (NPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. TITLE City Manager � � � ..,.� ............. __ .,. _,. m APPLICANT ORGANIZATION DATE SUBMITTED City of Boynton Beach II SF -424D (Rev. 7-97) Back Page 280 of 1207 CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing. Uniform Relocation Act and Anti -displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR Part 24. It has in effect and is following a residential anti -displacement and relocation assistance plan required under 24 CFR Part 42 in connection with any activity assisted with funding under the Community Development Block Grant or HOME programs, Anti -Lobbying --To the best of the jurisdiction's knowledge and belief - L No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph I and 2 of this anti -lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan --The housing activities to be undertaken with Community Development Block Grant, HOME, Emergency Solutions Grant, and Housing Opportunities for Persons With AIDS funds are consistent with the strategic plan in the jurisdiction's consolidated plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u) and implementing regulations at 24 CFR Part 135. Signature of Authorized Official Date Page 281 of 1207 Specific Community Development Block Grant Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that that have been developed in accordance with the primary objective of the CDBG program (ie., the development Of viable urban communities, by providing decent housing and expanding economic opportunities, primarily for persons of low and moderate income) and requirements of 24 CFR Parts 91 and 570. Following a Plan -- It is following a current consolidated plan that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Pfiorhy. With respect to activities expected to be assisted with CDBG funds, it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low- and moderate -income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include CDBG-assisted activities which the grantee certifies are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available (see Optional CDBG Certification). 2. Overall Benefit. The aggregate use of CDBG funds, including Section 108 guaranteed loans, during program year(s) FY 2020 [a period specified by the grantee of '. . .. . .... I ... . .. . . . .... . .............................. one, two, or three specific consecutive program years], shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period. 3 , Sl',aqcial Assessments. It will not attempt to recover any capital costs of public improvements ................ ................ — assisted with CDBG funds, including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. 11VVVV1W' 1 11 are Lisea to p, ne f)7TT,,,,1oruo.T1 o Tee or assessment that relates to the capital costs of public improvements (assisted in part with CD13G funds) financed from Other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds, In addition, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: I , A policy prohibiting the use of excessive force by law enforcement agencies within its Jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. Page 282 of 1207 Compliance with Anti -discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations. Lead -Based Paint -- Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, Subparts A, B, J, K and R. Compliance with Laws -- It will comply with applicable laws. Signature of Authorized Official Date City Manager Title Page 283 of 1207 OPTIONAL Community Development Block Grant Certification Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having particular urgency as specified in 24 CFR 570.208(c) - The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG- assisted activities which are designed to meet other community development needs having particular urgency because existing conditions pose a serious and immediate threat to the health or we] fare of the community and other financial resources are not available to meet such needs. ............................. Signature of Authorized Official Date Page 284 of 1207 Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If it plans to provide tenant -based rental assistance, the tenant -based rental assistance is an essential element of its consolidated plan, Eligible Activities and Costs -- It is using and will use HOME funds for eligible activities and costs, as described in 24 CFR §§92.205 through 92.209 and that it is not using and will not use 110ME funds to, - prohibited activities, as described in §92,214. Subsidy layering -- Before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; . . . . . . . ................. Signature of Authorized Official Date Page 285 of 1207 Emergency Solutions Grants Certifications The Emergency Solutions Grants Program recipient certifies that: Major rehabilitation/conversion/re.novation — If anemergency shelter's rehabilitation costs exceed 75 percent of the value of the building before rehabilitation, the recipient will maintain the building as a shelter for homeless individuals and families fora minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed rehabilitation. If the cost to convert a building into an emergency shelter exceeds 75 percent of the value of the building after conversion, the recipient will maintain the building as a shelter for homeless individuals and families for a minimum of 10 years after the date the building is first occupied by a homeless individual or family after the completed conversion. In all other cases where ESG funds are used for renovation, the recipient will maintain the building as a shelter for homeless individuals and fornilies fora minimum of 3 years after the date the building is first occupied by a horneless individual or family after the completed renovation. Essential Services and Operating Costs — In the case of assistance involving shelter operations or essential services related to street outreach or emergency shelter, the recipient will provide services or shelter to homeless individuals and families for the period during which the ESG assistance is provided, without regard to a particular site or structure, so long the recipient serves the same type of persons (e,g,, families with children, unaccompanied youth, disabled individuals, or victims of domestic violence) or persons in the same geographic area. Renovation — Any renovation carried out with ESG assistance shall be sufficient to ensure that the building involved is safe and sanitary. Supportive Services —The recipient will assist homeless individuals in obtaining permanent housing, appropriate supportive services (including medical and mental health treatment, victim services, counseling, supervision, and other services essential for achieving independent living), and other Federal State, local, and private assistance available for these individuals. Matching Funds —'The recipient will obtain matching amounts required under 24 CFR 576.201. Confidentiality The recipient has established and is implementing procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted under the ESG program, including protection against the release of the address or location of any family violence shelter project, except with the written authorization of the person responsible for the operation of that shelter. Homeless Persons Involvement — To the maximum extent practicable, the recipient will involve, through employment, volunteer services, or otherwise, homeless individuals and families in constructing,, renovating, maintaining, and operating facilities assisted under the ESG program, in providing services assisted under the ESG program, and in providing services for occupants of facilities assisted under the program. Consolidated Plan — All activities the recipient undertakes with assistance under ESG are consistent with its consolidated plan. Page 286 of 1207 Discharge Policy ......The recipient will establish and implement, to the maximum extent practicable and where app policies and prorocois for the discharge of persons From publicly funded institutions or systems ofcare (such as heahh care fcifities, mental health facilities, foster care or other youthfiacifities, or correction programs and institutions) in order to prevent this discharge from immediately resulting in homelessness f6r these persons, Signature of Authorized Official Date City Manager Title Page 287 of 1207 Housing Opportunities for Persons With AIDS Certifications The 11OPWA grantee certifies that: Activities -- Activities funded under the program will tneet urgent needs that are not being tn.et by available public and private sources. Building -- Any building or structure assisted under that program shall be operated for the purpose specified in the consolidated plan: 1. For a period of not less than 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2. For a period of not less than 3 years in the case of assistance involving non -substantial reMbilitation or repair of a building or structure, ....................... Signature of Authorized Official Date Page 288 of 1207 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING CERTIFICATION: Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Page 289 of 1207 �N IUWI@uuuNNNNufl Ammlllllllllllllllllllll I��IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIII �IIIIIIIIIIIIIII HI IIIIIIIIIIIIIIIII IIIA IIIIIIIIIII IIIIIIII E mmll Illlllllllml Page 290 of 1207 ]7 Page 292 of 1207 0 CU au c:w .— o � V S� E E C 0 iJ V • — a--+ C: cr �,,�.0 aj C� a 0 W U O � p — 0 cu aj � 0 '0 4-1 0 C: a) a U O a) Ln a) U 0 ...._ 0 O > V Q V E E L p m C� Q M a -J 0 V Page 292 of 1207 Page 2 of 1207 tto + O � U U O Q .0 O 4-J CL Q � �' E O Q O �, •� ° 4 O +� oma' 0 O .° f6 ..U +� a-JLU U O O — (A� Oa � Q C N �. -a ai 4 -J -CCL 0 O c cL aA 7 Q C: 'L' -j (n aA ca > _0 O a) U Q >. +j 4- O Q cn cn Q O� W p L cu 4- Q u w cQ E U .� Cu m E O U Z O= U U o I I I I z U Z m m A Page 2 of 1207 13 V IV Page 294 of 1207 r"ll-, Kau N. 0 N all iQD d- 0 W 0 I' L u�, � N M G) 0 "' W C 0 0 IN ai ) AA 0 Ln ar Ln E �, @ " � CU01 0 10 01 0 cp 0 "." LZ1 pw CU W�' E Nu106 IUD I ICU�p C: " 10 I 1A Po°M 13 V IV Page 294 of 1207 Page 295 0 1207 Fiscal Year 2020 — 2021 COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) FUNDING APPLICATION SUBMISSION DEADLINE April 20, 2020, 4:30PM (ELECTRONICALLY Q LY' TO City of Boynton Beach Community Improvement Division 3301 Quantum Blvd, Suite 101 Boynton Beach, FL 33426 FOR MORE INFORMATION OR QUESTIONS, PLEASE CONTACT: CITY OF BOYNTON COMMUNITY IMPROVEMENT DIVISION 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33426 Telephone: 561-742-6066 Email: BrooksL@bbfl.us Lashea Brooks, Interim Community Improvement Manager Community Improvement Division 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33436 brookslbbLus Page 296 of 1207 Agency Name: Aid to Victims of Domestic Abuse Inc. Project: Commit to Change: A Violence Prevention Initiative APPLICATION X Submit Electronic Application Onl X Application is signed and dated. By Director, and Board Chairperson X 501(c) (3) is attached (if applicable). X Board Member list. X Copy of latest audit. X All funding sources for this project identified. ADDITIONAL ATTACHMENTS ........ ..._.�.,..._A...................��.�... X Attachment 1 Agency Artices of a.n....d. AgencyBy-laws N/A Attachment 2 Copies of current license(s) needed to operate (as applicable to the funded activity) X Attachment 3 Evidence of matching contributions .... ....... A description/schedule of fees charged to the targeted N/A Attachment 4 beneficiaries of the programs/services/facilities to be funded (if eapplicable). ........... .. _ .........� A job description for each position for which funds are being X Attachment 5 requested (explain salary increase request if higher than amount funded last year) FY 20-21 CDBG Funding Application Page 297 of 1207 FY 2020-2021 Funding Request To submit an application, complete A — G, Attachments 1-5 (if applicable) and any other items requested. Do not include any items that are not requested. Submit Electronic Application to Lashea Brooks (brooks) + bbfl.us) Community Improvement Division, 3301 Quantum Boulevard, Boynton Beach, FL 33436 by 4:30pm, April 20, 2020. Please review the "Subrecipient Guide" for the Programs, goals, requirements and timelines. For assistance, please call the Community Improvement Division at 561-742-6600. A. GENERAL INFORMATION 1. Name of Applicant: Aid to Victims of Domestic Abuse Inc. AVDA X Non-profit Neighborhood Association For -Profit CHDO (Provide copy of your IRS ruling providing tax exempt status under Section'501(c) (3) of the 1986 IRS Code if you are a non-profit) Name of Project: Commit to Change: A Violence Prevention Initiative 3. Area or Location of Project: Communit based throu hout the City of Ba nton Beach and Palm Beach Count 4. Contact Person/Title: Kathleen Hishmeh Business Operations Director (Preferably Pres. /Director) Email Address: khishmeh avda-fl.com Additional Contact Person/Title: Jennifer Rey,Program Services Director (Preferably Person responsible for preparing reports) Alternate Email Address: "Ire avda-fl.com Mailing Address/Zip: PO Box 6161 Delray Beach FL 33482 Telephone: 561-265-3797 Fax: 561-265-2102 5. Grant Request Activity Area: Public Service Homeless Prevention Services Public Facility Other Public Safety/Crime Prevention Economic Development Senior Services X Youth Programs 6. Amount of Funds Requested for Project: __x20.000 7. Amount of Matching Funds for Project:. X20,000 FY 20-21 CDBG Funding Application Page 298 of 1207 Match Type: x Cash —Sweat Equity _ Other Grants Donations Identify Source of Match: Florida Coalition of Domestic Violence Primary Prevention 8. Unduplicated Units Served (agency's definition) A unit of service is defined as one hour of staff time, inclusive of salary, benefits and all costs related to program operations, in direct education of clients served or in related indirect work that may include employee training, staff meetings, community action team meetings, mentoring, coaching, training development, curriculum facilitation prep work, community presentation, mentoring recruitment/training, creation of individualized youth action plan. CDBG: (a) Total CDBG Funds Requested _______$20,000 (b) Total Unduplicated Units Served 267 (Explain how determined?) 20 000 75 cost ]2er unit = 267 units (c) Average CD Cost Per Unit (a/b) $75.00 TOTAL PROJECT: (a) Total Project X273,812 (b) Total Unduplicated Units Served ___ 3,691 (Explain how determined?) 273 812 X75 cost er unit = 3 ..691 units (c) Average Cost Per Unit (a/b) 75.00 9. Is this. project: A new service; or X A quantifiable increase in the level of an existing service which has been provided by the grantee on its behalf through State or local government funds in the 12 months preceding the submission of the grantee's Consolidate d Plan Annual Action Plan 10. Could this project occur without these funds? X Yes No Note: This project is scalable to adapt to various funding levels. 11. Will this project continue after our funding ends? X Yes No B. PROPOSED PROJECT: Project Description: In three sentences concisely describe your project. This description will be used in future publications should your application be approved. Limit to three sentences. Commit to Change: A Violence Prevention Initiative is project within AVDA's Domestic Violence Outreach Program that provides educational programs to members of the community, from children to professionals, on the issues related to domestic violence, including effective intervention and prevention strategies. Commit to Change seeks to reduce the overall likelihood that anyone will become a victim or a perpetrator by creating FY 20-21 CDBG Funding Application Page 299 of 1207 conditions that make violence less likely to occur and educates youth and adults to identify and address early signs of abuse. C. STRATEGY: Check the ONE STRATEGY that best describes your project and provide number of units that will be served underthis program. � Check OneSpecific Objective Number of Units This Project Will Serve Nousrng/I Qn-Housing _ Cornmrmity De44l6meet Plan �m Economic Dev. __..... Jobs Created: Public Safety/Crime Prevention # of Programs: Public Facilities Facilities Impacted: Public Service Households/Persons: (please specify which) Senior Services Elderly Households/Persons: (please specify which) _..._ ............................ X Youth Programs Children/Youth: 2,000; a minimum of i i 200 in the City of Boynton Beach engaged in long-term; evidenced - e.. based prevention programming Special Activityyyy by Community - Based Organization Other (Specify) D. PROJECT SUMMARY Provide a detailed description of the proposed project/activity to be funded, including a plan of action explaining in detail how the agency (and who, specifically) will implement the activity: i.e. intake procedures, required documentation, etc. Describe how this activity relates to the overall organizational structure. Be very specific how the CDBG funds are proposed to be used. (Attach additional sheets if necessary) According to the Centers for Disease Control, 1 in 4 women and 1 in 7 men report experiencing domestic violence in their lifetime. Palm Beach County has a history of significantly high numbers of domestic violence crimes. According to the Florida Department of Law Enforcement Domestic Violence Crime Report by County for 2019, Palm Beach County had 4,613 domestic violence crimes reported. Out of all the 67 counties in Florida reporting for 2017, Palm Beach County had the 7th highest number of domestic violence deaths (10) reported in the crime report with 9 murders and 1 manslaughter offense. Palm Beach county ranked 4th highest forthe number of aggravated assaults (874); and 3rd highest number of forcible rapes (107) (only Miami -Dade and Orange Counties had a higher number of forcible rapes). Palm Beach FY 20-21 CDBG Funding Application Page 300 of 1207 County had the 2nd highest number of stalking offenses (37) and data shows a correlation between stalking and homicides of women. Commit to Change: A Violence Prevention Initiative is project within AVDA's Domestic Violence Outreach Program. AVDA provides educational programs to members of the community, from children to professionals, on the issues related to domestic violence, including effective intervention and prevention strategies with the goal of reducing the occurrence of domestic violence in Palm Beach County. Commit to Change is comprised of primary prevention education components. Primary prevention seeks to reduce the overall likelihood that anyone will become a victim or a perpetrator by creating conditions that make violence less likely to occur. Studies have shown that effective violence prevention education for youth contributes toward building a healthy emotional state that positively affects their academic, family, and social life. AVDA has provided prevention programming with youth and adults in Palm Beach County since 1992. In 2008, AVDA aligned our violence prevention programming with the Centers for Disease Control's (CDCs) recommended public health model to prevent the occurrence of domestic and dating violence by developing a 9 -session, evidence -informed, primary prevention curriculum for middle and high school youth, youth -led community impact projects, and a Community Action Team to engage adult influencers in supporting youth to develop healthy, equitable dating relationships. AVDA's comprehensive curriculum is age appropriate and culturally competent for youth living in Boynton Beach and includes all nine of the effective prevention principles as outlined in Nation et al article, "What Works in Prevention." (http://www.ncdsv.org/images/AmPsy_WhatWorksI nPrevention_6-7-2003. pdf) This highly successful model was first implemented in Boynton Beach Community High School with students enrolled in the Teen Leadership Class. Youth are first engaged in the program through AVDA's 9 -session curriculum, which addresses the knowledge, attitude, beliefs, and behaviors that support violence and seeks to change social and gender norms to promote equality and healthy relationships. The last session of the curriculum is focused on effective community organizing strategies and highlighting the collective impact young people have on their peers and in their community. During the remainder of the school year, AVDA's Violence Prevention Educators meet weekly with the Teen Leadership students to develop community impact projects that allow the students to share their newly acquired knowledge and skills with other youth in the City of Boynton Beach while increasing their confidence in using skills to build healthy dating relationships. Community impact projects have included Leadership students hosting school -wide events such as poetry slams where students share their experiences with abuse or their vision for a peaceful, nonviolence society; Teen Dating Violence Awareness Month activities on their campus during the month of February; and facilitating classroom -style presentations for'their peers on assertive communication, nonviolent conflict resolution, and dating rights and responsibilities. This program component is implemented weekly in Boynton Beach High Community High School's Teen Leadership Class and has expanded to students enrolled in Advancement Via Individual Determination (AVID) and Early Childhood Education classes at Boynton Beach Community High School. Annually, AVDA's Educators invite and accompany youth from the Teen Leadership Class to the Statewide Teen Dating Violence Youth Summit. This provides youth the opportunity to hear from national speakers on topics related to the prevention of domestic and dating violence, participate in a day of experiential workshops designed to deepen their understanding of healthy relationships and dating violence prevention, and interact with youth from across Florida who are engaged in similar programming. The 2017, 2018, and 2019 FCADV Statewide Teen Dating Violence Youth Summit was hosted at Boynton Beach FY 20-21 CDBG Funding Application Page 301 of 1207 Community High School as a direct result of the effective programming being conducted by AVDA in the City of Boynton Beach. Students in AVDA's Commit to Change program will occasionally disclose their personal experiences with teen dating violence or witnessing domestic violence at home. AVDA's educators provide individual support for students who need assistance in accessing appropriate services. AVDA and BRIDGES of Boynton Beach (also known as Pathways to Prosperity) have a cooperative agreement to collaborate on activities to prevent domestic violence, broadening AVDA's presence in the City of Boynton Beach. Adult participants in BRIDGES receive educational workshops on domestic violence, teen dating violence, and how to talk to youth about dating violence. With the support ofAVDA's Violence Prevention Educators, adults in the BRIDGES program are encouraged to brainstorm ideas to engage other community members in discussions around the steps needed to prevent domestic violence in their community. This component of Commit to Change helps community members develop skills they can model for youth in the community around healthy relationships, assertive communication, and nonviolent conflict resolution while also developing techniques to talk to teens about healthy relationships and dating violence. AVDA's Commit to Change program is committed to saturating the entire City of Boynton Beach with support, education, and prevention activities to reduce incidents of domestic and dating violence. As a direct result of AVDA's work with BoyntonBeach Community High School, AVDA received the School District of Palm Beach County Bronze Business Partnership Award on May 5, 2010. The City of Boynton Beach and AVDA have been commended on this program in articles from the School District of Palm Beach County, Sun -Sentinel, and the Palm Beach Post. During Victim's Rights Week in April of 2014, AVDA and Boynton Beach high school students and faculty were featured on Channel 12's evening news for the positive work being facilitated in the community. In 2016, 2017, and 2018, youth from Boynton Beach Community High School facilitated workshops at the Statewide Teen Dating Violence Prevention Youth Summit and were featured in the educational videos created at those events. In February 2020, AVDA chartered two buses to transport and accompany 37 Palm Beach County youth, 23 from Boynton Beach Community High School, to the Statewide Youth Summit hosted at Seminole Community College. AVDA is committed to the prevention of domestic and dating violence in the City of Boynton Beach. CDBG funding through the City of Boynton Beach supports the salary and benefits of a Violence Prevention Educator to facilitate prevention programming and coordinate the extensive array of activities associated with AVDA's Commit to Change program in the City of Boynton Beach. Lawanda Gibson, Violence Prevention Educator will implement the CDBG funded project in Boynton Beach, maintain sign -in sheets, pre and post surveys, and group process notes related to the documentation of this project. Explain how this program fits with your mission AVDA's mission is to promote violence -free relationships and social change by offering alternative choices to end violence and domestic abuse. Commit to Change is directly in line with our mission to end violence and domestic abuse by facilitating evidence -informed prevention programming that is socially and culturally relevant for each community served in Palm Beach County. FY 20-21 CDBG Funding Application Page 302 of 1207 How will it impact your current operation? Commit to Change impacts our current operation by providing information to the community on AVDA's services and supports available for victims of domestic violence to become safe and free from violence while shifting the social norms in our county to prevent the occurrence of domestic and dating violence. How does this program relate to the Consolidated Plan Priority? Commit to Change relates to the Consolidated Plan Priority set forth in the City of Boynton Beach's Action Plan by supporting the goals of the programming funds associated with this grant program to assist and devise innovative ways to improve the physical, social and economic conditions in low-income areas as described by Ms. Brooks at the March 26, 2020 CDBG Public Participation Meeting. Commit to Change seeks to improve the social conditions of youth in the City of Boynton Beach through programming designed to reduce the occurrence of domestic violence in their community and interpersonal relationships. Does this program serve a targeted neighborhood, who is the targeted population (at least 70% of the City's CDBG funds must directly benefit our low and moderate -income citizens)? Commit to Change serves youth throughout the City of Boynton Beach with a concentration in Boynton Beach Community High School. The targeted population is youth in the City of Boynton Beach. According to the most recent data available through the U.S. Census Bureau, in the City of Boynton Beach the per capita income is $28,267 and median household income is $50,561, both of which indicate that the majority of youth served by this project live in moderate income, low-income, very low-income, or extremely low-income based on the 2019 Palm Beach County Income Guidelines provided in the guidance with this funding application. 100% of CDBG funds for this project will directly benefit low and moderate income youth. Will Program Income be generated from this activity? No program income will be generated from this activity. Where will the Program take place? Commit to Change takes place in schools, youth centers, and community organizations throughout the City of Boynton Beach. Are you working with other organizations in a cooperative effort on the program? AVDA has a Memorandum of Understanding with the statewide coalition of domestic violence centers, Delray Beach Parks and Recreation's 505 Teen Center, and independent hip-hop artist Ramon "Absoloot" Robinson to engage men and boys in the prevention of domestic and dating violence; a collaborative agreement with the Palm Beach County School District that approves AVDA as an authorized organization to provide prevention programming on school campuses; FY 20-21 CDBG Funding Application Page 303 of 1207 and a Memorandum of Agreement with BRIDGES to work collaboratively on community-based efforts to prevent domestic and dating violence. Goals/Objectives/Activity Measures: Goal: Reduce social attitudes that engender domestic violence. Objective #1- 65%of youth enrolled in Commit to Change 9 -session prevention curriculum will report an increase in endorsement of using respectful, nonviolent, behavior and confidence in using skills for building healthy relationships. Goal: Organize youth -led community impact project in the City of Boynton Beach to reduce social attitudes that engender domestic violence in their community. Objective #1— A minimum of 15 youth will organize and facilitate one youth -led community impact project to benefit citizens in the City of Boynton Beach. FY 20-21 CDBG Funding Application Page 304 of 1207 9l.1110104A Please list applicant's anticipated expenditures, detailing requested funds and applicant's matching funds. Please place C=Cash, S=Sweat Equity, O=Other Grants, D=Donations beside each amount under "Applicant's Match" to denote the type of match being used. FY 20-21 CDBG Funding Application Page 305 of 1207 S / ADMINISTRATION: Personnel (# 3.65FTE ) $15,098 0 $ 12,267_ $104,187 $1_31,552 Payroll Taxes 2,062 0 167810 020 13,760 Employee Benefits 2,840 0 2,312 ..._...... 13,799 18,951 Office Supplies 74 2,0W 2,074 Copy Supplies Postage . _... ...... .__ 161 161 Telephone 4,988 4,988 Promotional 1,935 1,935 Professional Services0 269 3,167 3,436 Vehicle Fuel/Mileage 0 1,502 4,280 ..........._ .... ii 5,782 Other (Insurance, etc.) 0 1,972 89,201 91,173 PROGRAM: Acquisition Reconstruction ._ Rehabilitation ... ........ Installation Other: �..._.... ... ... $ 20,000 0 $ 20,000 $233,812 $273,812 TOTALS FY 20-21 CDBG Funding Application Page 305 of 1207 F. APPLICANT INFORMATION: (Provide a brief description of each) Capacity of Organization AVDA, founded in 1985, is one of 42 certified DV centers in Florida. AVDA is a non-profit, nongovernmental, community-based agency that provides safe shelter and advocacy for domestic and dating violence survivors throughout PBC, and community education, professional training and prevention programming for the community at large. AVDA's Emergency Shelter has been a safe haven for thousands of victims of domestic abuse. Adults and children are provided 24-hour, 7 days a week emergency shelter, crisis counseling, food, clothing, individual and group counseling services. In 2005, AVDA expanded its emergency shelter capacity and opened the doors to a new transitional living facility. The Casa Vegso Transitional Living Facility added a new dimension to AVDA's services by providing housing for domestic violence survivors for up to two years. In the transitional living program, survivors can move from homelessness to independent living while receiving counseling, life skills, training, and encouragement. In 2006, AVDA added a Health & Wellness Initiative for residents in AVDA's Emergency Shelter and Transitional Housing. This program was expanded in 2013 to include onsite yoga, exercise and nutrition classes for residents. In 2014, AVDA demolished its original shelter building to rebuild a new, state-of-the-art shelter that increased AVDA's capacity by 56% for a total of 64 beds. Since 2014, AVDA's Outreach Center expanded to add a full-time Economic Justice Advocate, thereby increasing access to AVDA's economic empowerment program, Anne's STEPS (Support Training and Education for Personal Success); a highly -collaborative Child Protection Investigation team project in which AVDA's Domestic Violence Child Welfare Advocate serves as a consultant to the CPI teams toward the goal of keeping children with the non -offending parents while holding perpetrators accountable for their behaviors; and a Sexual Assault Response Team (SART) Victim Advocate who works collaboratively with Palm Beach County's Victim Service's SART Team, in which our advocate supports domestic violence survivors who have been sexually assaulted. Two new prevention positions were added to engaging men & boys in the prevention of violence against women and girls through group mentoring; a public education campaign, and the facilitation of Men Can Stop Rape's evidence -informed Men of Strength Clubs to support men and boys in building healthy relationships and becoming "upstanders" to prevent domestic and dating violence in their community. In collaboration with Legal Aid of Palm Beach County, AVDA developed a Community Wide Anti - Stalking Initiative for Palm Beach County, which has been used as a national model. AVDA is also a member of the Sexual Assault Response Team of Palm Beach County. AVDA's growth reflects the dedication of the organization to empower victims of domestic abuse to enable them to live their lives independently and free of fear. FY 20-21 CDBG Funding Application Page 306 of 1207 Mission Statement AVDA's mission is to promote violence -free relationships and social change by offering alternative choices to end violence and domestic abuse. Prior Experience AVDA's prevention programming for youth began in 1992 with classroom presentations on domestic and dating violence, warning signs of an abusive partner, and safety planning. AVDA has a long standing, highly collaborative relationship with the Palm Beach County School District to provide prevention programming onsite in their schools. In 2008, AVDA revised our violence prevention program to align with the Centers for Disease Control's public health model to prevent domestic and dating violence and the principles of primary prevention, now called Commit to Change: A Violence Prevention Initiative. Boynton Beach Community High School was the first site AVDA facilitated the new curriculum, which engages youth in a community impact project to increase their skills to prevent domestic and dating violence in their community. AVDA's Program Services Director participated in the development of the Statewide Primary Prevention Toolkit and Teen Dating Violence Prevention Curriculum for educators throughout Florida hosted on the Florida Coalition Against Domestic Violence's website. (http://fcadv.org/projects-programs/primary-prevention-toolkit and http://fcadv.org/educators) AVDA's prevention program has expanded through funding from the Office on Violence Against Women and Palm Beach County Youth Services to engage men and boys specifically in preventing domestic and dating violence by becoming effective "upstanders" in their community when domestic and dating violence occurs and allies to women and girls in their community. In March 2019, the Office on Violence Against Women approved AVDA's 9 -session prevention curriculum for use in programming supported by their Consolidated Youth Grant Program. Annual Budget AVDA's budget for Fiscal Year 2020-2021 is $3,495,607 Staffing Jennifer Rey, Program Services Director, graduated with a Bachelor's degree in Social Sciences from SUNY Stony Brook and has dedicated her career to ending intimate partner violence throughout the state of Florida since 2001. She has worked in shelter and outreach programs serving children who witness domestic violence. Currently, Jennifer oversees AVDA's direct services programs, violence prevention programs, fundraising and development; trains staff; works closely with criminal justice professionals to ensure victim's rights; and provides education and safety -planning for victims as needed. In 2008, Jennifer developed AVDA's strategic plan to prevent intimate partner violence in Palm Beach County, Florida. She develops AVDA's prevention curricula and evaluation tools, conducts data FY 20-21 CDBG Funding Application Page 307 of 1207 evaluation, participates in community organizing efforts, and serves as a leader in Palm Beach County on issues related to domestic violence. Jennifer assisted prevention efforts on a statewide level by working closely with the Florida Coalition Against Domestic Violence in developing a statewide teen dating violence curriculum for the Florida Department of Education and a Primary Prevention Toolkit. Melanie Rodriguez, Outreach Services Manager has dedicated her career to empowering survivors of domestic violence and working collaboratively with community agencies to create safer outcomes for families. Since 2006, she has worked in shelter and outreach programs to provide survivors with support, resources, safety planning and crisis -intervention throughout south Florida. Currently, she is responsible for contributing in the management of AVDA's outreach, prevention, and community education programs. LaWanda Gibson, Violence Prevention Educator, is a graduate of Central Missouri State University, Warrensburg, MO with a Bachelors in Recreation/Education. LaWanda has spent 25 years in the field of domestic violence and sexual assault. She's worked in schools and community centers educating communities on domestic violence in both Indiana and Florida. She joined AVDA in January 2019 as a Violence Prevention Educator facilitating prevention programming, community education, and professional training. LaWanda, is committed to educating youth on healthy relationships, and the community on domestic violence. Reporting Capabilities (include sample copy of form(s) used to capture client demographics, services provided, etc.) Do financial statements break down income and expenses by programs to follow revenue and disbursements? Is an Audit performed annually? AVDA's financial statements do break down income and expenses by programs to follow revenue and disbursements and an audit is performed annually. Sign -in sheets attached. Governing Body Profile (Does Board membership reflect the community as regards ethnicity, gender and representative of the population served? Is Board Orientation conducted for new members? How often does the Board meet? Include Board Member list) Yes, AVDA's Board of Directors reflects the community as regards to ethnicity, gender, and is representative of the population served by AVDA. Yes, AVDA's Board of Director orientation is conducted for new board members. AVDA's Board of Directors meets monthly except in December and one month in the summer. Board of Directors List Attached FY 20-21 CDBG Funding Application Page 308 of 1207 G. Conflict of Interest Federal law (24 CFR 570.611) prohibits persons who exercise or who have exercised any functions or responsibilities with respect to the above grant ... or who are in a position to participate in a decision making process or to gain inside information with regard to such activities, may obtain a financial interest or benefit from an assisted activity... either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 1. Is there any member of the applicant's staff, member of the applicant's Board of Directors, or office who currently is or has/have been within one year of the date of this application a City employee, or a member of the City Commission? Yes X No If yes, please list names: 2. Is there any member of the applicant's staff, member(s) of the Board of Directors, or officer(s) who are business partners or immediate family of a City employee, or a member of the City Commission? Yes X No If yes, please list names: 3. Will the funds requested. by the applicant be used to pay the salaries of any of the applicant's staff or award a subcontract to any individual who is or has been within one year of the date of this application a City employee, or a member of the City Commission? Yes X No If yes, please list names: FY 20-21 CDBG Funding Application Page 309 of 1207 The applicant certifiestothe best of his/her knowledge;and belief thatthe.data in this application Is true and correct and that the filing of the application :has been duly authorized by the governing body of the applicant (if applicable) and that the applicant will comply with all the requirements of this grant if the application is approved. Name: Beverly Cordner, Board Chair Title: Chair. Board of Directors Name:. Pam O'Brien Pres. & CEO Title: President & CEO FY 20-21 CDBG Funding lic6toP1207 )01666 IRSpal�aronenl of aw 'rraayury internal Revenue service P.O. Box 2508 Cincinnati OH 45201 AID TO INC PO BOX DELRAY VICTIMS OF DOMESTIC ABUSE 6161 BEACH FL 33482-6161619 In reply refer to: 0248237276 Dec. 21, 2007 LTR 4168C EO 59-2486620 000000 00 000 00018151 BODC t TE Employer Identification Number: 59-2486620 Person to Contact: Mr. Morton Toll Free Telephone Number: 1-877-829-5500 Dear Taxpayer: DEC 2120p� This is in response to your request of Dec. 12, 2007, regarding your tax-exempt status. Our records indicate that g determination letter was issued in July 1985, that recognized you as exempt from Federal income tax, and discloses that you are currently exempt under section 501(c)(3) of the Internal Revenue Code. Our records also indicate you are not a private foundation within the meaning of section 509(a) df the Code because you are described in section(s) 509(a)(1) and 110(b)(1)(A)(vi). Donors may deduct contributions 'to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. If you have any questions, please call us at the telephone number shown in the heading of this letter. Sillcerely yours, Michele M. Sullivan, Oper. Mgr. Accounts Management Operations I Page 311 of 1207 Updated: August 28, 2019 Aid to Victims of Domestic Abuse, Inc. Board of Directors Community Volunteer Area Manager PO Box 6161 Aerie by American Eagle Delray Beach, FL 33482 PO Box 6161 Term: 4/25/18 - 2021 * Delray Beach, FL 33482 Term: 4/24/19 - 2022* Sun Broadcast Group - Director of Network Sales PO Box 6161 Delray Beach, FL 33482 Term: 4/25/18 - 2021* NCCI Holdings, Inc.- Actuary PO Box 6161 Delray Beach, FL 33482 Term: 6/30/17 - 2020* MMMMOMMEMMEEMMENIMM Highland Beach Police Department PO Box 6161 Delray Beach, FL 33482 Term: 6/30/17 - 2021* A N NCCI Holdings, Inc. - Manager and Actuary PO Box 6161 Delray Beach, FL 33482 Term: 6/30/17 - 2020* MUNZWEMMINEWMIENRUM Delray Beach Police Department PO Box 6161 Delray Beach, FL 33482 Term: 4/24/19 - 2022* MMIMMMINMENEMEMM O'BRIEN, PAM, President and CEO Phone: 561-265-3797 ext. 101 E-mail: pobrien@avda-fi.com IMEMMEMENEENEENOM Administration: 561-265-3797 Fax: 561-265-2102 P.O. Box 6161, Delray Beach, FL 33482 24 -Hour Crisis Hotline: 1-800-355-8547 WWW.AVDAONLINE.ORG * Note: Terms begin and end at Annual Meetings Page 312 of 1207 AID TO VICTIMS OF DOMESTIC ABUSE, INC. FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2019 Page 313 of 1207 AID TO VICTIMS OF DOMESTIC ABUSE, INC. FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2019 TABLE OF CONTENTS PAGE Independent Auditor's Report ................................................................................................................ 1-2 Financial Statements Statement of Financial Position.......................................................................................................... 3 Statementof Activities......................................................................................................................... 4 Statementof Cash Flows.................................................................................................................... 5 Statement of Functional Expenses..................................................................................................... 6 Notesto Financial Statements............................................................................................................ 7-12 Schedule of Expenditures of Federal Awards and State Financial Assistance ..................................... 13 Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance ....................... 14-15 Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with GovernmentAuditing Standards........................................................................................................... 16-17 Independent Auditor's Report on Compliance for Each Major Program and on Internal Control over Compliance Required by the Uniform Guidance ................................................. 18-19 Notes to Schedule of Expenditures of Federal Awards and State Financial Assistance ....................... 20 Page 314 of 1207 INDEPENDENT AUDITOR'S REPORT Board of Directors Aid to Victims of Domestic Abuse, Inc. Delray Beach, Florida Report on the Financial Statements 951 Yamato Road - Suite 280 Boca Raton, Florida 33431 (561) 994-9299 - (800) 299-4728 Fax (561) 994-5823 www.graucpa.com We have audited the accompanying financial statements of Aid to Victims of Domestic Abuse, Inc. (a nonprofit organization) (the "Organization"), which comprise the statement of financial position as of June 30, 2019, and the related statements of activities, functional expenses and cash flows for the fiscal year then ended, and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Aid to Victims of Domestic Abuse as of June 30, 2019, and the changes in its net assets and its cash flows for the fiscal year then ended in accordance with accounting principles generally accepted in the United States of America. Report on Summarized Comparative Information We have previously audited the Organization's 2018 financial statements, and we expressed an unmodified audit opinion on those audited financial statements in our report dated October 18, 2018. In our opinion, the summarized comparative information presented herein as of and for the fiscal year ended June 30, 2018, is consistent, in all material respects, with the audited financial statements from which it has been derived. Page 315 of 1207 Other Matters Other Information Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The accompanying schedule of expenditures of federal awards and state financial assistance, as required by Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and Chapter 10.650 of the Rules of the Auditor General of the State of Florida, is presented for purposes of additional analysis and is not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated, in all material respects, in relation to the financial statements as a whole. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated November 4, 2019 on our consideration of the Organization's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of the effectiveness of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Organization's internal control over financial reporting and compliance. November 4, 2019 2 Page 316 of 1207 AID TO VICTIMS OF DOMESTIC ABUSE, INC. STATEMENT OF FINANCIAL POSITION JUNE 30, 2019 WITH SUMMARIZED FINANCIAL INFORMATION FOR THE FISCAL YEAR ENDED JUNE 30, 2018 ASSETS Cash and cash equivalents I nvestments Grants and contributions receivable Other receivables Prepaid expenses Property and equipment, net Other assets Total assets LIABILITIES AND NET ASSETS LIABILITIES Accounts payable Accrued expenses Loan payable Deferred revenue Total liabilities NET ASSETS With donor restrictions Purpose restricted Without donor restrictions Undesignated Total net assets Total liabilities and net assets $ 2,458 $ - $ 2,458 $ 4,659 72,048 - 72,048 67,801 150,000 - 150,000 300,000 31,624 - 31,624 1,500 256 130 - _ 256,130 373,960 191,778 191,778 124,005 2,701,083 - 2,701,083 2,832,244 2,701,083 191,778 2,892,861 2,956,249 $ 2,957,213 $ 191,778 $ 3,148, 991 $ 3,330,209 See notes to financial statements 3 Page 317 of 1207 2019 2018 Without Donor With Donor Restrictions Restrictions -$W WWWWWWWW Total Total $ 129,857 191,778 $ 321,635ITITm $W 356,886-- 56,889119,342 119,342 - 119,342 105,772 229,140 - 229,140 309,580 579 - 579 7,515 11,046 - 11,046 14,993 2,461,813 - 2,461,813 2,530,024 5,436 - 5,436 5,436 $ &957,213 213 $ 191,778 $ 3,148, 991 $ 3,330,209 $ 2,458 $ - $ 2,458 $ 4,659 72,048 - 72,048 67,801 150,000 - 150,000 300,000 31,624 - 31,624 1,500 256 130 - _ 256,130 373,960 191,778 191,778 124,005 2,701,083 - 2,701,083 2,832,244 2,701,083 191,778 2,892,861 2,956,249 $ 2,957,213 $ 191,778 $ 3,148, 991 $ 3,330,209 See notes to financial statements 3 Page 317 of 1207 AID TO VICTIMS OF DOMESTIC ABUSE, INC. STATEMENT OF ACTIVITIES YEAR ENDED JUNE 30, 2019 WITH SUMMARIZED FINANCIAL INFORMATION FOR THE FISCAL YEAR ENDED JUNE 30, 2018 Public support: Contributions Contributions - donation in-kind Grants from United Way Grants from governmental agencies (includes local agencies) Special events, net Habitat for Humanity - salvage merchandise license agreement Revenues: Interest income Other income Net assets released from restrictions Total support and revenues Expenses Program services Supporting services: General and administration Fund raising Total expenses Change in net assets Net assets, beginning of year Net assets, end of year See notes to financial statements 4 Page 318 of 1207 2019 2018 Without Donor With Donor Restrictions Restrictions Total Total $ 405,498 $ 89,778 $ 495,276 $ 500,678 12,028 - 12,028 - 131,859 - 131,859 143,652 2,028,110 - 2,028,110 1,773,948 155,646 - 155,646 120,115 49,216 - 49,216 19,224 7,186 - 7,186 5,075 1,876 - 1,876 4,924 2,791,419 89,778 2,881,197 2,567,616 22,005 22,005 - - 2,813,424 67,773 2,881,197 2,567,616 2,674,445 - 2,674,445 2,352,445 170,842 - 170,842 129,455 99,298 - 99,298 93,321 2,944,585 - 2,944,585 2,575,221 (131,161) 67,773 (63,388) (7,605) 2,832,244 124,005 2,956,249 2,963,854 $ 2,701,083 $ 191,778 $ 2,892,861 $ 2,956,249 See notes to financial statements 4 Page 318 of 1207 AID TO VICTIMS OF DOMESTIC ABUSE, INC. STATEMENT OF CASH FLOWS YEAR ENDED JUNE 30, 2019 WITH SUMMARIZED FINANCIAL INFORMATION FOR THE FISCAL YEAR ENDED JUNE 30, 2018 2019 2018 CASH FLOWS FROM OPERATING ACTIVITIES Change in Net Assets $ (63,388) $ (7,605) Adjustments to reconcile change in net assets to net cash provided (used in) by operating activities: Unrealized (gain)/loss on investments (2) (113) Depreciation expense 124,231 119,064 (Increase) decrease in: Grants receivable 80,440 (51,390) Other receivables 6,936 (4,036) Prepaid expenses 3,947 (4,820) Increase (decrease) in: Accounts payable (2,201) (4,257) Accrued expenses 4,247 1,732 Deferred revenues 30,124 1,500 NET CASH PROVIDED (USED IN) BY OPERATING ACTIVITIES 184,334 50,075 CASH FLOWS FROM INVESTING ACTIVITIES Sale (purchase) of investments (13,569) (4,862) Purchase of fixed assets X56,019 73,408 NET CASH (USED IN) INVESTING ACTIVITIES _(69,588) 78,270 CASH FLOWS FROM FINANCING ACTIVITIES Proceeds from (repayment of) line of credit 150,000) 20,000 NET CASH PROVIDED BY (USED IN) FINANCING ACTIVITIES - �� 150, 009L 20,000 NET INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS (35,254) (8,195) CASH AND CASH EQUIVALENTS AT BEGINNING OF YEAR 356,889 365,084 CASH AND CASH EQUIVALENTS AT END OF YEAR $ 321,635 $ 356,889 Supplemental data: Interest paid $ 15,979 $ 11,388 See notes to financial statement 5 Page 319 of 1207 AID TO VICTIMS OF DOMESTIC ABUSE, INC. STATEMENT OF FUNCTIONAL EXPENSES YEAR ENDED JUNE 30, 2019 WITH SUMMARIZED FINANCIAL INFORMATION FOR THE FISCAL YEAR ENDED JUNE 30, 2018 Salaries Payroll taxes and charges Other employee benefits Building maintenance and repairs Utilities Security Client food and supplies Storage rental Rent Postage Printing Telephone and intemet Public relations Office supplies fT Hardware & Software Program supplies Equipment rental and maintenance Transportation Direct assistance Consulting and professional service Payroll service charges Insurance Staff development Traval and conferences Memberships and subscriptions Licenses and fees Bank charges Interest expense Year end campaign Miscellaneous Special events - noncash prizes Special events - rent/facility costs Special events - food and beverages Special events - entertainment Special events - other direct costs Total expenses before depreciation Depreciation Total expenses Program General and Fund Total All Expenses Services Administrative Raising 2019 2018 $ 1,541,051 $ 85,772 $ 85,119 $ 1,711,942 $ 1,477,131 122,120 6,562 6,512 135,194 107,356 179,240 20,085 - 199,325 201,161 45,568 274 - 45,842 33,817 52,588 1,598 - 54,186 55,852 8,251 57 - 8,308 13,715 56,643 16 - 56,659 35,224 2,257 251 - 2,508 2,228 74,593 13,163 - 87,756 82,380 1,569 118 7 1,694 1,901 2,328 171 - 2,499 4,785 28,464 928 - 29,392 28,096 10,793 59 - 10,852 16,574 11,753 908 - 12,661 14,009 7,340 661 1,375 9,376 3,892 39,175 - - 39,175 28,846 18,920 313 - 19,233 18,149 30,144 678 238 31,060 25,573 115,485 - - 115,485 110,690 46,091 14,892 - 60,983 47,357 29,579 3,284 - 32,863 27,361 61,285 5,185 - 66,470 57,580 2,076 50 402 2,528 2,667 35,584 - - 35,584 21,190 11,998 1,010 - 13,008 12,632 4,514 411 - 4,925 5,551 4,282 72 565 4,919 4,775 14,381 1,598 - 15,979 11,388 - - 1,704 1,704 940 4,565 303 3,376 8,244 3,337 - - 7,238 7,238 6,266 - 19,074 19,074 21,217 3,702 3,702 947 - 16,960 16,960 3,039 - - 19,007 19,007 20,445 2,562,637 158,419 165,279 2,886,335 2,508,071 111„808 12,423 - 124,231 119,064 $ 2,674,445 $ 170,842 $ 165,279 3,010,566 2,627,135 Less direct costs reported net of special event revenue Ei5,981' 5 1,914 Expenses reported on statement of activities $ 2,944,585 �$ 2,575,221 See notes to financial statements 6 Page 320 of 1207 AID TO VICTIMS OF DOMESTIC ABUSE, INC. NOTES TO FINANCIAL STATEMENTS NOTE 1 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The following is a summary of the significant accounting policies of Aid to Victims of Domestic Abuse, Inc. Nature of the Organization's Activit Aid to Victims of Domestic Abuse, Inc. (the "Organization") operates a center in the Southern Palm Beach County area. The agency provides emergency shelter for victims of domestic violence and their children. In addition, the Organization provides counseling services, prevention programs, and community education to the general public. In March 2005, the Organization began a transitional living program for victims where they can stay up to two years. During the fiscal year ended June 30, 2019, approximately 69% of the Organization's funding came from various federal, state and county agencies and local municipalities as contracted for services. If funding policies and/or amounts of funding were to be substantially reduced by these agencies in future contracts, the operations of the Organization could be significantly affected in the future. Financial Statement Presentation The Organization is required to report information regarding its financial position and activities according to two classes of net assets: net assets without donor restrictions and net assets with donor restrictions. In addition, the Organization is required to present a statement of cash flows. Contributions received are recorded as support with or without donor restrictions depending on the existence and/or nature of any donor restrictions. In addition, the Organization recognizes only those contributed services, which are provided by individuals possessing "specialized skills". Restricted contributions whose restrictions are met in the same reporting period as unrestricted contributions are treated as unrestricted contributions. The financial statements include certain prior year summarized comparative information in total but not by net asset class. Such information does not include sufficient detail to constitute a presentation in conformity with accounting principles generally accepted in the United States of America. Accordingly, such information should be read in conjunction with the Organization's financial statements for the fiscal year ended June 30, 2018, from which the summarized information was derived. Cash and Cash E uivalents For purposes of reporting cash flows, the Organization considers all money market funds with an original maturity of three months or less to be cash equivalents. Financial instruments that potentially subject the Organization to concentrations of credit risk consist principally of cash deposits. Accounts at each institution are insured by the Federal Deposit Insurance Corporation (FDIC) up to $250,000. At times, such accounts may be in excess of the FDIC insurance limits. Investments Investments in marketable securities with readily determinable fair values and all investments in debt securities are reported at their fair values in the statement of financial position. Unrealized gains and losses are included in the change in net assets. Investment income and gains restricted by a donor are reported as increases in unrestricted net assets if the restrictions are met (either by passage of time or by use) in the reporting period in which the income and gains are recognized. 7 Page 321 of 1207 NOTE 1 — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Promises to Give Unconditional promises to give are recognized as revenues or gains in the period received and as assets, decreases of liabilities, or expenses depending on the form of the benefits received. Unconditional promises to give non-cash assets that are expected to be received in future years are recorded at the present value of the expected fair value of the underlying non-cash assets expected to be received. The discounts on those amounts are computed using a risk-free interest rate applicable to the years in which the promises are received. Amortization of the discounts is included in contribution revenue. Any changes in the expected fair value of underlying non-cash assets are reported as increases and decreases in contribution revenue in the period the change occurs. Conditional promises to give are recognized when the conditions on which they depend are substantially met. Accounts Receivable Accounts receivable are unconditional promises to give or unsecured amounts due from grantors on cost reimbursement or performance grants. Management believes that all outstanding accounts receivable are collectible in full, therefore, no allowance for uncollectible receivables has been provided. Donated Use of Assets and Donated Services The estimated fair value of the free use of assets owned by others and the estimated fair value of contributed services of individuals with special skills over which the Organization exercises control, and which constitutes an enhancement to the normal program or services that would not otherwise be performed by paid personnel, the amount of which is clearly measurable, are also recorded and reflected in the accompanying financial statements. Fixed Assets Property and equipment are stated at cost, if purchased by the Organization or at fair value at the date of the gift, if received as a donation. Donations are reported as unrestricted support unless the donor has restricted the donated. asset to a specific purpose. Assets donated with explicit restrictions regarding their use and contributions of cash that must be used to acquire property and equipment are reported as restricted support. Absent donor stipulations regarding how long those donated assets must be maintained, the Organization reports expirations of donor restrictions when the donated or acquired assets are placed in service as instructed by the donor. The Organization reclassifies temporarily restricted net assets to unrestricted net assets at that time. Those assets donated with donor stipulations regarding permanent restrictions for a certain use are included as permanently restricted. Major additions, which materially increase the value of the property, are capitalized and depreciated over the life of the asset. Maintenance and repairs are charged to expense as incurred. Depreciation expense has been computed using the straight-line method over useful lives ranging from 5 to 30 years. The Organization follows the practice of capitalizing all expenditures for land, buildings and equipment in excess of $1,000. Allocation of Common Costs The costs of providing the various programs and other activities have been detailed in the statement of functional expenses and summarized on a functional basis in the statement of activities. Salaries and other expenses, which are associated with a specific program or specific supporting function, are charged directly to that program or supporting function. The financial statements report certain categories of expenses that are attributable to one or more program or supporting function. These costs are classified under three categories: program, facilities and administration. Program expenses are allocated based on the ratio of staff per program. Facilities expenses are allocated based on the square footage used by each program function. Administration expenses are allocated based the ratio of salaries and wages attributed to each functional area. Income Taxes The Organization is incorporated in the state of Florida as a nonprofit organization and has also elected federal tax-exempt status under I.R.C. Section 501(c)(3). The Organization's Form 990, Return of Organization Exempt from Income Tax, for the years ended 2016, 2017, and 2018 are subject to examination by the Internal Revenue Service, generally for three years after they were filled. 8 Page 322 of 1207 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Use of Estimates in the Pre aration of Financial Statements The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. New Accounting Pronouncement On August 18, 2016 FASB issued ASU 2016-14, Not -for -Profit Entities (Topic 958) - Presentation of Financial Statements of Not -for -Profit Entities. The update addresses the complexity and understandability of net asset classification, deficiencies in information about liquidity and availability of resources, and the lack of consistency in the type of information provided about expenses and investment return. The Organization has adjusted the presentation of these statements accordingly. The ASU has been applied retrospectively to all periods presented. NOTE 2 - NET ASSETS WITH DONOR RESTRICTIONS Net assets with donor restrictions are as follows at June 30: Life enrichment center Victim advocate salary Emergency assistance for participants Commit to change program Transitional housing Emergency shelter Welcome basket items Anne's STEPS program Total temporarily restricted net assets 2019 2018 $ 102,000 $ 102,000 1,234 - 57,166 14,505 6,793 7,500 16,555 - 5,000 - 1,000 - 2,030 - $ 191,778 $ 124,005 Net assets released from restrictions during the fiscal year ended June 30, New shelter Emergency assistance for participants Commit to change program Total NOTE 3 - PROPERTY AND EQUIPMENT The following summarizes property and equipment at June 30: Land Construction in process Buildings and improvements Equipment Vehicles Furniture and fixtures Total property and equipment Less accumulated depreciation Total property and equipment, net 2019 2018 $ - $ 78,055 14,505 61,414 7,500 - $ 22,005 $ 139,469 2019 2018 $ 111,261 $ 111,261 1,660 1,660 2,822,025 2,784,822 199,079 183,492 58,658 58,658 133,129 133,129 3,325,812 3,273,022 863,999 742,998 $ 2!4611813 $ 2,530 024 9 Page 323 of 1207 NOTE 4 - INVESTMENTS The following is a summary of investments and their fair value measurements and levels within the fair value hierarchy of those measurements at June 30: 2019 2018 Quoted prices in Quoted prices in active markets active markets for identical for identical Fair Value assets Level 1 Fair Value assets 'Level 1 Bond funds 70,134 70,134 58,777 58,777 Equity funds 49,208 49,208 46,995 46,995 $ 119,342 $ 119,342 $ 105,772 $ 105,772 NOTE 5 - GRANTS AND OTHER FUNDING The following is a summary of grants and other funding for the fiscal year ended June 30: Certain contracts require that the Organization match other funds with the contract revenues. Although most of the contracts are on a different fiscal period than the Organization, the unreimbursed amount of expenses exceeded the matching requirements of the related contracts. These contracts are renegotiated annually, and some have terms that do not coincide with the June 30 fiscal year of the Organization. 10 Page 324 of 1207 2019 2018 City of Boynton Beach $ 8,544 $ 9,534 Florida Coalition Against Domestic Violence Basic Needs 18,279 4,998 Child Protective Investigations 75,000 75,000 Domestic Violence Services 616,592 616,592 Economic Justice 58,345 72,530 Economic Empowerment - 1,966 Engaging Men 57,288 62,737 Mental Health Grant 101,191 101,191 Prevention 20,000 20,000 Training - 4,047 Transportation and Participant Needs 46,870 42,014 OVW Sexual Assault 36,458 51,003 OVW Transitional Housing 127,317 145,096 PBC Emergency Solutions Grant 61,376 56,526 PBC Community Development Block Grant 21,487 20,021 U. S. Department of Justice - Legal Assistance Grant 20,490 31,236 U. S. Department of Justice Victims of Crime Act 373,607 168,199 Total Federal and State grants 1,642,844 1,482,690 City of Boca Raton 27,500 27,500 Palm Beach County (PBC) Board of County Commissioners 257,257 199,473 PBC Youth Services 98,009 58,238 Town of Palm Beach United Way 70,000 79,000 United Way agencies 61,859 64,652 Other local grants 2,500 6,047 Total other grants 517,125 434,910 Total grants $ 2,159,969 $ 1,917,600 Certain contracts require that the Organization match other funds with the contract revenues. Although most of the contracts are on a different fiscal period than the Organization, the unreimbursed amount of expenses exceeded the matching requirements of the related contracts. These contracts are renegotiated annually, and some have terms that do not coincide with the June 30 fiscal year of the Organization. 10 Page 324 of 1207 NOTE 6 — HABITAT FOR HUMANITY The Organization had a royalty -based license agreement with Habitat for Humanity of South Palm Beach County ("Habitat for Humanity"). The agreement terminated on December 31, 2018. NOTE 7 — SPECIAL EVENTS During the fiscal year ended June 30, 2019, the Organization held several special fund raising events. The following summarizes those activities: 2019 2018 Gross support $ 221,627 $ 172,029 Less: direct costs 65,981' 51,914' Net support $ 155,646 $ 120,115 NOTE 8 — EMPLOYEE BENEFITS PLAN Employees of the Organization are eligible to establish their own Tax -Deferred Annuity (TDA), a tax deferred retirement program, created under Section 403(b) of the Internal Revenue Code. Effective May 1, 2002, the Board of Directors established a Thrift Plan for eligible employees. In order to be eligible, the employee must have obtained the age of 21 and have completed one year of service with the Organization. All employees who were employed prior to May 1, 2002 were eligible for the plan. The plan is administered by Mutual of America in New York. The value of an individual account attributable to employer contributions is vested as follows: Years of Service 0-1 1 2 3 or more Percent Vested 0% 33% 66% 100% Effective July 1, 2004, the Board passed a resolution to terminate funding the Thrift Plan. The plan remains in existence and is maintained for the benefit of the employees. At that time, all employees in the plan became 100% vested. NOTE 9 — DONATED MATERIALS AND SERVICES A substantial number of volunteers have donated significant amounts of their time in the Organization's program services. The estimated value of these services was $13,495 and $17,744 for the fiscal years ended June 30, 2019 and 2018, respectively. These services are considered non-professional and as such are not recorded in the financial statements. NOTE 10 — LEASE COMMITMENTS In a prior year the Organization moved its administrative offices to a separate location away from the shelter and entered into an operating lease agreement. The lease agreement includes periodic increases over the life of the lease. The Organization can modify the lease to reduce square footage and associated costs or cancel the lease upon 60 days prior written notice to the Lessor if the Organization loses the funding source used to pay the rent on the space. Unless cancelled or modified, future minimum lease payments over the life of the lease are as follows at June 30, 2019: Year Ended June 30, Total 2020 $ 90,389 $ 90 389 Rent expense was $87,756 and $82,380 for the fiscal years ended June 30, 2019 and 2018, respectively. 11 Page 325 of 1207 NOTE 11 — COMPENSATED ABSENCES The Organization allows its employees to carry forward up to 40 hours of vacation time each year. As of June 30, 2019 and 2018, the Organization had accrued $36,078 and $32,170, respectively, in relation to this expense. NOTE 12 — GRANT REQUIREMENTS During the fiscal years ended June 30, 2014, and June 30, 2015, the Organization received grant funds from the Florida Department of Children and Families ("DCF") to improve their emergency shelter. As part of the requirements placed on the Organization to receive the funds, DCF retained certain rights on the assets acquired with the grant funds. DCF provided $582,540 towards the improvements and retained a security interest in the form of a mortgage for a term of 20 years from the date of completion of the project. The security interest will end on June 20, 2035. NOTE 13 — AVAILABILITY AND LIQUIDITY The following represents the Organization's financial assets at June 30, 2019, reduced by amounts not available for general use within one year of June 30, 2019: Financial assets at year end Cash and cash equivalents $ 321,635 Investments 119,342 Grants and contributions receivable 229,140 Other receivables 579 Total financial assets 670,696 Less those unavailable for general expenditure within one year: _ Financial assets available to meet general expenditures over the next twelve months $ 670„696 The Organization is substantially supported by restricted contributions. Because a donor's restrictions require resources to be used in a particular manner or in a future period, the Organization, must maintain sufficient resources to meet those responsibilities to its donors. Thus, financials assets may not be available for general expenditure within one year. As part of the Organization's liquidity management, it has a policy to structure its financial assets to be available as its general expenditures, liabilities, and other obligations come due. In the event of an unanticipated liquidity need, the Organization, could draw upon $350,000 of available lines of credit (as further discussed in Note 14). NOTE 14 — LINE OF CREDIT On January 26, 2011, the Organization entered into a revolving line of credit agreement with a bank in the amount of $300,000, secured by substantially all of the Organization's assets, with no fixed maturity date. On June 1, 2015, the agreement was amended to increase the principal from $300,000 to $500,000. The line carries a variable interest rate based upon one percent over the prime rate. The line of credit carries a term note conversion option for a period up to sixty months at any time, upon written notice to the Organization. As of June 30, 2019, the Organization has $150,000 outstanding on the line of credit. NOTE 15 — SUBSEQUENT EVENTS There have been no significant subsequent events after June 30, 2019. Subsequent events have been evaluated through November 4, 2019, which is the date the financial statements were available to be issued. Events occurring after that date have not been evaluated to determine whether a change in the financial statements would be required. 12 Page 326 of 1207 AID TO VICTIMS OF DOMESTIC ABUSE, INC. SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE FOR THE FISCAL YEAR ENDED JUNE 30, 2019 Federal/State Agency, CFDA/ Contract Passthrough Entity, CSFA Grant Federal/State Federal Program/State Project Title Number Number __________Expenditures FEDERAL AGENCY rtment of Housi and Urban Develo meat Pass-through programs from: Palm Beach County, Florida: Emergency Shelter Grants Program 14.231 R2017-1546 $ 8,132 Emergency Shelter Grants Program 14.231 R2018-1337 53,244 Palm Beach County, Florida: Community Development Block Grant 14.218 R2017-1494 1,384 Community Development Block Grant 14.218 R2018-1582 20,103 City of Boynton Beach, Florida: Community Development Block Grant 14.218 R18-182 8,543 Total U.S. Department of Housing and Urban Development 91,406 U.S, Dgga m n f H al n man Services Pass-through programs from: Florida Coalition Against Domestic Violence: Temporary Assistance to Needy Families 93.558 19-2204 DVS 198,171 Family Violence Prevention and Services 93.671 19-2204 DVS 140,688 Total U.S. Department of Health and Human Services 338,859 U.S. Department of Justice Direct programs: Transitional Housing Assistance 16.736 2016 -WH -AX -007 127,317 Pass-through programs from: State of Florida Office of Attorney General Victims of Crime Act Program 16.575 VOCA-2017-00425 65,658 Victims of Crime Act Program 16.575 VOCA-2018-00374 307,949 Legal Aid OVW Legal Assistance for Victims 16.524 2010 -WL -AX -0002 20,490 Palm Beach County Victim Services OVW - Sexual assault 16.590 2011 -WL -AX 0027 36,459 Florida Coalition Against Domestic Violence: OVW - Engaging Men 16.888 18-2204 EM 15,040 OVW - Engaging Men 16.888 21-2204 EM 42,247 OVW - STOP 16.588 19-2204 BN 6,068 VOCA Economic Empowerment 16.575 18-2204-EJ-VOCA 26,526 VOCA Economic Empowerment 16.575 19-2204 EJ -VOLA 31,819 OVW - MH - CCIII 16.888 19-2204 CCIII 101,191 Total U.S. Department of Justice 780,764 TOTAL EXPENDITURES OF FEDERAL AWARDS 1,211,029 STATE AGENCY Elorida Deortment of Chil Pass-through projects from: Florida Coalition Against Domestic Violence: DCF Domestic Violence Trust Fund N/A 19-2204 DVS 147,245 DCF General Revenue N/A 19-2204 DVS 284,570 Total Florida Department of Children & Families 431,815 TOTAL STATE FINANCIAL ASSISTANCE 431,815 TOTAL EXPENDITURES OF FEDERAL AWARDS AND STATE FINANCIAL ASSISTANCE $ 1,642 844 See notes to schedule of expenditures of federal awards and state financial assistance. 13 Page 327 of 1207 AID TO VICTIMS OF DOMESTIC ABUSE, INC. NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS PROGRAMS AND STATE FINANCIAL ASSISTANCE NOTE A — BASIS OF PRESENTATION The accompanying schedule of expenditures of federal and state financial assistance (the "Schedule") includes the federal and state grant activity of the Aid to Victims of Domestic Abuse, Inc., (the "Organization") for the fiscal year ended June 30, 2019. The information in this schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 10.650, Rules of the Auditor General. Since the Schedule presents only a selected portion of the operations of the Organization, it is not intended to and does not present the financial position, changes in net assets, or cash flows of the Organization. NOTE B — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Expenditures reported on the schedule are reported on the accrual basis of accounting. Such expenditures are recognized following the cost principles contained in Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost .Principles, and Audit Requirements for Federal Awards wherein certain types of expenditures are not allowable or are limited as to reimbursement. Additionally, it should be noted the Organization did not elect to use the 10 percent de minimis indirect cost rate. NOTE C — REVIEWS PERFORMED BY OTHER ORGANIZATIONS Reviews performed related to programs as of July 1, 2018 were as follows: Date: July 17, 2018 Agency: Nonprofits First Type: Agency Certification Outcomes: 2018 Accreditation for Excellence in Nonprofit Management Date: July 19, 2018 Agency: Palm Beach County Youth Services Department Type: Youth Services Grant Outcomes: No findings or concerns Date: September 18-19, 2018 Agency: Palm Beach County Department of Community Services Type: FAA Program, Services and Fiscal Monitoring Outcomes: No findings Date: March 5-8, 2019 Agency: Florida Coalition Against Domestic Violence Type: Fiscal, Administrative and Program Quality Assurance- Agency wide Outcomes: Fiscal/Administrative — no findings; Program — Two findings; both corrected Date: May 6, 2019 Agency: Palm Beach County Youth Services Department Type: Youth Services Program Outcomes: No findings or concerns 14 Page 328 of 1207 NOTE C — REVIEWS PERFORMED BY OTHER ORGANIZATIONS (Continued) Date: May 14, 2019 Agency: Palm Beach County Department of Community Services Type: Emergency Solutions Grant (ESG) Outcomes: No findings or concerns Date: June 5, 2019 Agency: Nonprofits First Type: Agency Certification Outcomes: 2019 Accreditation for Excellence in Nonprofit Management Date: June 18, 2019 Agency: Department of Children & Families Type: Domestic Violence Shelter Certification Outcomes: In compliance with certification requirements Date: July 10, 2019 Agency: Palm Beach County Department of Housing & Economic Sustainability Type: Community Development Block Grant (CDBG) Outcomes: No findings or concerns Date: June 12, 2019 Agency: US Department of Justice: Office of Violence Against Women (OVW) Type: Transitional Housing Outcomes: In compliance with Federal, OJP, and OVW guidelines 15 Page 329 of 1207 951 Yamato Road • Suite 280 Boca Raton, Florida 33431 Gran R' Associate— s Fax 61)9299 • (800) 299-4728 Vi Fax (561) 994-5823 —............w.u............www.graucpa.com CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Directors Aid to Victims of Domestic Abuse, Inc. Delray Beach, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of Aid to Victims of Domestic Abuse, Inc. (a nonprofit organization) (the "Organization"), which comprise the statement of financial position as of June 30, 2019, and the related statements of activities, functional expenses and cash flows for the fiscal year then ended, and the related notes to the financial statements, and have issued our report thereon dated November 4, 2019. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the Organization's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Organization's internal control. Accordingly, we do not express an opinion on the effectiveness of the Organization's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Organization's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 16 Page 330 of 1207 Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Organization's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the organization's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. November 4, 2019 17 Page 331 of 1207 951 Yamato Road • Suite 280 Boca Raton, Florida 33431 Gran & As s o d ates (561) 994-9299 • (800) 299-4728 Fax (561) 994-5823 ..-....-.FIm ..WACCOUNTANTS.�...� www.graucpa.com CERTI BLIC INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE FOR EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE To the Board of Directors Aid to Victims of Domestic Abuse, Inc. Delray Beach, Florida Report on Compliance for Each Major Federal Program and State Project We have audited Aid to Victims of Domestic Abuse, Inc.'s (a nonprofit organization) (the "Organization") compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the Organization's major federal programs for the fiscal year ended June 30, 2019. The Organization's major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Management's Responsibility Management is responsible for compliance with the requirements of laws, regulations, contracts, and grants applicable to its federal programs. Auditor's Responsibility Our responsibility is to express an opinion on compliance for each of the Organization's major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the Organization's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of the Organization's compliance. Opinion on Each Major Federal Program and State Project In our opinion, Aid to Victims of Domestic Abuse, Inc. complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the fiscal year ended June 30, 2019. Report on Internal Control Over Compliance Management of the Organization is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered the Organization's internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of the Organization's internal control over compliance. 18 Page 332 of 1207 A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. November 4, 2019 19 Page 333 of 1207 AID TO VICTIMS OF DOMESTIC'ABUSE, INC. SCHEDULE OF FINDINGS AND QUESTIONED COSTS - FEDERAL PROGRAMS FISCAL YEAR ENDED JUNE 30, 2019 A. SUMMARY OF AUDIT RESULTS 1. The auditor's report expresses an unmodified opinion on the financial statements of Aid to Victims of Domestic Abuse, Inc. 2. No significant deficiencies or material weaknesses relating to the audit of the financial statements are reported in the independent auditor's report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards. 3. No instances of noncompliance material to the financial statements of Aid to Victims of Domestic Abuse, Inc. were disclosed during the audit. 4. No significant deficiencies or material weaknesses relating to the audits of the major federal programs are reported in the independent auditor's report on compliance for each major program and on internal control over compliance required by the Uniform Guidance. 5. The independent auditor's report on compliance for each major federal awards program of Aid to Victims of Domestic Abuse, Inc. expresses an unmodified opinion. 6. There were no audit findings relative to the major federal awards tested for Aid to Victims of Domestic Abuse, Inc. 7. The federal programs tested as major were: Federal Program Federal CFDA # Temporary Assistance to Needy Families 93.558 8. The dollar threshold used to distinguish between Type A and Type B programs was $750,000. 9. Aid to Victims of Domestic Abuse, Inc. was determined to be a low-risk auditee pursuant to the Uniform Guidance. B. PRIOR YEAR, FINDINGS, FINDINGS AND QUESTION COSTS, AND OTHER FINDINGS — FINANCIAL STATEMENTS AUDIT None 20 Page 334 of 1207 NON-PROFIT GENERAL PURPOSE FOR WHICH ORGANIZED: A. The corporation is organized exclusively for those lawful purposes not for pecuniary profit for which a corporation may be formed under the laws of the State of Florida. The corporation shall not be conducted or operated for profit and no ,part of the net earnings of the corporation shall inure to the benefit of any member or any individual, nor shall any of such net earnings,.. or of the property or. assets of the corporation be used otherwise than for charitable purposes. B. In the event of the liquidation, dissolution or winding - up of the corporation whether voluntary or -involuntary, or whether by operation of Law, tion of the property of the_ corporation, nor any proceeds thereof, nor any other assets of the corporation shall be distributed to or divided among any of the members of the corporatiL n. C. Upon the ._ssolutio-i of thin C�rp3rat �-,_ter c:i•nd'ing up of t€�p e 335 of 1207 t is affairs, the assets of the Corporation shall be distribu J A� ARTICLES. OF INCORPORATION'S OF �n AID TO VICTIMS Of' DOMESTIC ASSAULT, INC. !> We, the undersigned,•for the purpose of forming a corporatiQ.�j, not for profit, pursuant to chapter 617 of the Florida Statuted y 1979 and the laws of the State of Florida relating thereto, do hereby certify as follows: ARTICLE I NAME OF CORPORATION The name of this Corporation is: AID TO VICTIMS OF DOMESTIC ASSAULT, INC. ARTICLE II NON-PROFIT GENERAL PURPOSE FOR WHICH ORGANIZED: A. The corporation is organized exclusively for those lawful purposes not for pecuniary profit for which a corporation may be formed under the laws of the State of Florida. The corporation shall not be conducted or operated for profit and no ,part of the net earnings of the corporation shall inure to the benefit of any member or any individual, nor shall any of such net earnings,.. or of the property or. assets of the corporation be used otherwise than for charitable purposes. B. In the event of the liquidation, dissolution or winding - up of the corporation whether voluntary or -involuntary, or whether by operation of Law, tion of the property of the_ corporation, nor any proceeds thereof, nor any other assets of the corporation shall be distributed to or divided among any of the members of the corporatiL n. C. Upon the ._ssolutio-i of thin C�rp3rat �-,_ter c:i•nd'ing up of t€�p e 335 of 1207 t is affairs, the assets of the Corporation shall be distribu (a) to provide .shelter and services to victims of domestic violence;, and to receive and administer funds for charitable d purposes within the meaning of Section 501 (C) (3) of the Internal Revenue Code of 1954 as amended (b) To accept, receive, hold, invest, reinvest and administer gifts, legacies, bequests, and property of any sort or nature, :t rl -without limitation as to amount or. value, and to use, expend, ' -- and/or to de-vote.. the same to exclusively charitable purposes., and x. in accordance with the purposes for which the corporation was +' formed. (c)r to acquire land for and build, operate and manage a shelter for victims of domestic violence. (d) To render aid, services, and assistance to such persons. (e) Either directly or indirectly, either alone or in conjunction or cooperation with others, to do any and all lawful acts and things, and to engage in any and all lawful activities, whish may be necessary or desirable for the furtherance of any and all of the foregoing purposes. ARTICLE IV PROHIBITED ACTIVITIES No substantial part of the activities of the corporation shallconsist of carrying on the propaganda or otherwise -attempting to influence Legislation, except as provided by iaw. f No part of the activities of the corporation shall be participating in or intervening in (including publication or distribution of statements,) any political campaign on behalf of any candidate for public office. ARTICLE V NON=STOCK CORPORATION The corporation shall not have or issue shares of stock, Page 336 of 1207 3EANNE P. ROSE CAROL R. PETERS 2717 S. W. 6TH ST. DELRAY BEACH, FLORIDA 33445 10121 MARLIN DR•I-VE --- BOCA RATON, FLORIDA 33428 Page 337 of 1207 6f Directors without any further qualification or restriction on membership. ARTICLE VII TERM OF ,EXISTENCE This corporation shall have perpetual existence unless sooner dissolved by law. ARTICLE VIII INCORPORATORS ' The names and addresses of each incorporator of these articles are as follows: NAME ADDRESS CHARLOTTE H. DANCIII 1020 RUSSELL DRIVE, HIGHLAND BCH. FL. 33432 7EANNE F. ROSE 2717 S. W. 6TH ST. DELRAY BEACH, FLORIDA 33445 � e CAROL R. PETERS 10121 MARLIN DRIVE .i. BOCA RATON, FLORIDA 33438 . ARTICLE IX BOARD OF DIRECTORS The business corporation shall be governed by a Board of Directors composed initially of three (3) directors. The number or directors may be increased or diminished from time to time by the By -Laws adopted hereunder, but shall never be less than three (3). The names and addresses of .the persons who are to serve on the initial Board of Directors until the first election thereof are as follows: NAME ADDRESS CHARLOTTE H. DANCIU 1020 RUSSELL DRIVE HIGHLAND BEACH, FLORIDA 33432 3EANNE P. ROSE CAROL R. PETERS 2717 S. W. 6TH ST. DELRAY BEACH, FLORIDA 33445 10121 MARLIN DR•I-VE --- BOCA RATON, FLORIDA 33428 Page 337 of 1207 ARTICLE XI BY-LAWS The By -Laws of the corporation are to be made, altered, or rescinded upon a two-thirds (2/3) vote of the members present at any annual meeting of the corporation. ARTICLE XII ARTICLES OF INCORPORATION S The;Aa�ticles of Incorporation of the corporation are -to - be made, aeled, amended or rescinded upon a two-thirds (2/3) vote F of the embers present at any annual meeting of the corporation. IN WITNESS WHEREOF, we have subscribed our names this day of 9 vv - CHARLOTTE H. DANCIU, Registered Agent E P. ROSE CAROL STATE OF..FLORIDA COUNTY OF PALM BEACH On this day of f`' 1985, before me personally appeared known to me to be the person whose. name is subscribed to the within instrument, and acknowledges that she executed the same for the purproses therein contained. IN WITNESS WHEREOF, I have setmy nd and o ficial seal.-.- AMC& 'd N6ARY PU'BLI it DIY CO,-ISS2oN EXPIRES JULY 23rd. 19aS My commission expires: �,�n M r - c-> ? STATE OF FLORIDA C_ COUNTY OF. PALM BEACH N> On this dap o � , . 198_x, bef'Z" me P11 personally appeared known to m-eitolo be the person whose name is subscribed to, ;.the within inst en - and ackn.ewledges that she executed the same for the poses " therein contained. 'Pa 338 of 1207 NESS WHEREOF, I have set my han and offici seal. 00 NOTARY PUBLIC Xy commission expires: ,.10% HILY 23M, 1135 cl. E— cn c) kge 339 of 1207 BY-LAWS AH AID TO VICTIMS OF DOMESTIC ABUSE, INC. AVDA By-laws Revision dated March 30, 2011 Previously revised May 17, 2000; September 2001; July 2002; January 2005; September 2005; February 2006; November 17, 2010 Incorporated January 25, 1985 Page 340 of 1207 TABLE OF CONTENTS Page ARTICLE1 NAME .........................................................................................................................3 Section1.1 NAME..........................................................................................................3 Section 1.2 REGISTERED OFFICE ARTICLE2 PURPOSE...................................................................................................................3 Section2.1 PURPOSE....................................................................................................3 ARTICLE 3 NON-DISCRIMINATION.........................................................................................3 Section 3.1 NON-DISCRIMINATION..........................................................................3 ARTICLE4 MEMBERSHIP ...........................................................................................................4 Section4.1 MEMBERS..................................................................................................4 Section 4.2 CLASSIFICATIONS OF MEMBERSHIP..................................................4 Section 4.3 TERMINATION OF MEMBERSHIP.........................................................4 Section 4.4 NO PROPERTY RIGHTS...........................................................................4 Section 4.5 MEMBERS NOT LIABLE..........................................................................4 Section 4.6 ANNUAL MEETING OF MEMBERS..........................................5 ARTICLE 5 BOARD OF DIRECTORS.........................................................................................5 Section5.1 GENERAL POWERS..................................................................................5 Section5.2 NUMBER....................................................................................................5 Section5.3 MEMBERSHIP............................................................................................5 Section 5.4 NOMINATING COMMITTEE; ELECTION OF DIRECTORS................5 Section5.5 VACANCIES...............................................................................................6 Section5.6 REMOVAL..................................................................................................6 Section5.7 NON-ATTENDANCE.................................................................................6 Section5.8 ADVISORY BOARD..................................................................................6 ARTICLE 6 MEETINGS OF THE BOARD OF DIRECTORS; VOTING....................................6 Section6.1 MEETINGS.................................................................................................6 Section 6.2 CHAIR OF THE BOARD...........................................................................6 Section 6.3 QUORUM; PARTICIPATION BY TELEPHONE.....................................7 Section6.4 VOTING......................................................................................................7 Section 6.5 ACTION WITHOUT A MEETING............................................................7 Section 6.6 CONFLICT OF INTEREST........................................................................7 ARTICLE7 OFFICERS..................................................................................................................7 Section7.1 OFFICERS...................................................................................................7 Section 7.2 DESCRIPTION OF OFFICES....................................................................8 Section 7.3 ELECTION OF OFFICERS........................................................................8 ARTICLE 8 COMMITTEES OF THE BOARD.............................................................................9 Section8.1 GENERAL...................................................................................................9 Section 8.2 EXECUTIVE COMMITTEE......................................................................9 Section 8.3 STANDING COMMITTEES......................................................................9 I Page 341 of 1207 TABLE OF CONTENTS Page Section 8.4 AD HOC COMMITTEES...........................................................................9 Section 8.5 MINUTES AND REVIEW..........................................................................9 ARTICLE 9 ANNUAL MEETING.................................................................................................9 Section 9.1 ANNUAL MEETING..................................................................................9 Section 9.2 PLACE OF MEETING..............................................................................10 Section 9.3 NOTICE OF HEARING............................................................................10 Section 9.4 VOTING LISTS.........................................................................................10 ARTICLE 10 EMPLOYEES.........................................................................................................10 Section 10.1 PRESIDENT AND CHIEF EXECUTIVE OFFICER...............................10 Section 10.2 OTHER EMPLOYEES..............................................................................10 ARTICLE 11 MISCELLANEOUS...............................................................................................10 Section11.1 DUES.........................................................................................................10 Section 11.2 ROBERT'S RULES OF ORDER..............................................................10 ARTICLE12 CONTRACTS.........................................................................................................11 Section 12.1 CONTRACTS............................................................................................11 Section 12.2 CONTRACTS SIGNED BY THE PRESIDENT & CEO .........................11 Section 12.3 LOAN COMMITMENTS.........................................................................11 Section12.4 CHECKS....................................................................................................11 Section12.5 DEPOSITS.................................................................................................11 Section 12.6 TREASURER OR FINANCE COMMITTEE...........................................11 ARTICLE13 FISCAL YEAR.......................................................................................................11 ARTICLE14 AMENDMENTS....................................................................................................11 Section 14.1 AMENDMENTS TO BY-LAWS..............................................................11 Section 14.2 ANNUAL REVIEW OF BY-LAWS.........................................................12 ARTICLE 15 INDEMNIFICATION..........................................................................................12 ARTICLE 16 GENERAL STANDARDS FOR DIRECTORS.....................................................12 ARTICLE 17 DIRECTOR CONFLICT OF INTEREST .......... . . .... . . ................12 ARTICLE 18 DISSOLUTION.. . . ........... . ....... . ...................................................13 ii Page 342 of 1207 1AVAII-YIf AID TO VICTIMS OF DOMESTIC ABUSE, INC. (A FLORIDA NOT-FOR-PROFIT CORPORATION) ARTICLE 1 NAME Section 1.1 NAME. The name of the Corporation shall be Aid to Victims of Domestic Abuse, Inc. (hereinafter, the "Corporation" or "AVDA"). Section 1.2 REGISTERED OFFICE. The registered office of Aid to Victims of Domestic Abuse, Inc., shall be located in the County of Palm Beach, State of Florida. The Corporation may also have offices at such other places, either within or without the State of Florida, as the Board of Directors of the Corporation (the "Board of Directors") may from time to time determine or as the business of the Corporation may require. ARTICLE 2 PURPOSE Section 2.1 PURPOSE. The purposes for which this Corporation has been organized are as follows: A. to provide services to victims of domestic violence; B. to engage in educational efforts designed to inform the public, specific groups and agencies about the nature of domestic violence and its effect on individuals, families and society; and C. to engage in any and all other lawful activities which contribute to the elimination of domestic violence. ARTICLE 3 NON-DISCRIMINATION Section 3.1 NON-DISCRIMINATION. The Corporation shall not discriminate on the basis of age, race, religion, color, disability, national origin, marital status, gender, veteran status, or sexual orientation and shall operate in compliance with the applicable requirements of all public regulatory agencies that govern equal employment. This non-discrimination principle applies to the selection and treatment of employees, volunteers, clients, members of the Board of Directors of the Corporation, and the Advisory Board. AVDA By-laws 3 Page 343 of 1207 ARTICLE 4 MEMBERSHIP Section 4.1 MEMBERS. The Corporation shall have no members, as contemplated by Section 617.0601, Florida Statutes. However, the Board shall designate and define the rights and qualifications for various classes of contributors to the Corporation, which contributors may be designated "members," from time to time, and may, by amendment to these By-laws, establish procedures for the holding of annual and special meetings of such members. Unless so provided by amendment to these By-laws, such members do not have voting rights. Section 4.2 CLASSIFICATIONS OF MEMBERSHIP. There are three membership classifications in the Corporation, as follows: A. Board of Directors (`Board"): All persons who have been nominated and elected pursuant to Article V of these By -Laws shall comprise the membership of the Board of Directors. Such persons are each individually referred to herein as a "Director" and collectively as the "Board" or "Board of Directors." B. General Membershi -;i: All persons who are interested in the aims and purposes for which this Corporation was formed are eligible for General Membership upon payment of dues. Such persons are each individually referred to herein as a "General Member" and collectively as the "General Members." General Members shall not be eligible to vote on any matter pertaining to the operations of the Corporation. C. Honorar?Members: The Board of Directors may from time to time award "Honorary Member" status to such civic and community leaders or other persons as the Board of Directors believes to be in the best interests of the Corporation. Honorary Members shall not be eligible to vote on any matter pertaining to the operations of the Corporation. General Members, Honorary Members and Directors are collectively referred to as "Members." Section 4.3 TERMINATION OF MEMBERSHIP. The Membership in the Corporation of any Member shall terminate upon the earlier to occur of (i) dissolution of the Corporation, (ii) resignation of such Member, and (iii) the failure of such Member to pay annual dues within sixty (60) days after the due date. Section 4.4 NO PROPERTY RIGHTS. No Member shall have any right, title, interest or privilege with respect to any of the Corporation's property or assets, including any earnings or investment income of the Corporation, nor shall the Corporation's assets or property be distributed to any Member upon the dissolution or winding up of the Corporation. Section 4.5 MEMBERS NOT LIABLE. No Member of the Corporation shall be personally liable for any of the Corporation's debts, liabilities or obligations, nor shall any Member be subject to any obligation to the Corporation AVDA By-laws 11 Page 344 of 1207 other than annual dues and voluntary contributions pledged by such Member, as applicable. Section 4.6 ANNUAL MEETING OF MEMBERS. All Members shall be entitled to attend the Annual Meeting held by the Board of Directors in accordance with the provisions of Article IX. ARTICLE 5 BOARD OF DIRECTORS Section 5.1 GENERAL POWERS. The business and affairs of the Corporation shall be managed under the direction of the Board of Directors. The powers of the Board shall include, without limitation, the power to: (i) elect officers of the Corporation, (ii) elect Directors, (iii) fill vacancies in any office, (iv) approve the budget, projects, expenditures and activities of the Corporation and (v) select and employ a President and Chief Executive Officer ("President & CEO"). Section 5.2 NUMBER. The Board of Directors shall consist of not less than nine (9) or more than twenty-one (21) members. The Board shall be composed of at least three (3) citizens who reside within the Corporation's service area, one (1) of whom must be an employee of a local, municipal, or county law enforcement agency whose jurisdiction includes some or all of the Corporation's service area, as required by the Florida Department of Children and Families. Section 5.3 MEMBERSHIP. Membership on the Board of Directors shall be for three (3) years. A Director may not serve for more than two consecutive three-year terms; provided however, that such limitation may be waived with respect to any individual by an affirmative vote of two-thirds of the Board of Directors present and entitled to vote. No Director shall receive compensation or other consideration, whether directly or indirectly, for his or her volunteer service as a Director. Section 5.4 NOMINATING COMMITTEE• ELECTION OF DIRECTORS. A. Nominating Committee Qualifications. The Nominating Committee shall consist of the President & CEO of the Corporation and not less than three (3) Directors who have served on the Board for at least two years. The Nominating Committee shall be charged with submitting nominations for the election of Directors at the Annual. meeting of The Board of Directors. At the Annual meeting, the floor shall be open for additional nominations to be made by any Director. B. Responsibility of Committee. The Nominating Committee shall be responsible for screening, interviewing and selecting individuals seeking to become a member of the Board of Directors. After a selection has been finalized, the Committee Chair shall present the name(s) of the nominee(s) along with other relevant information to the Board of Directors for acceptance by a majority vote. AVDA By-laws Page 345 of 1207 C. Report of the Nominating Committee. The report of the Nominating Committee shall be filed with the Secretary of the Corporation no less than 10 days prior to the date fixed for the election. Section 5.5 VACANCIES. When a vacancy occurs on the Board of Directors other than as a result of the expiration of Director's term in office, the Nominating Committee may nominate any Member in good standing for election by the Board of Directors. Such replacement Director(s) shall be elected upon the affirmative vote of a majority of the Board at any meeting. Any Director so elected shall be a Director for the remaining term of the Director replaced. Section 5.6 REMOVAL. Any member of the Board of Directors may be removed with or without cause by a majority of the remaining Directors present and entitled to vote at a duly noticed meeting. An affirmative vote shall be required for removal and each such Director shall be presumed to assent to removal unless they expressly abstain or vote otherwise. Any such removal will be effective immediately following the vote on such matter. Section 5.7 NON-ATTENDANCE. Unexcused absence at three (3) board meetings in a calendar year shall require that the Board consider and vote upon the removal of such Director. An affirmative vote of the majority of the Directors present and entitled to vote at a duly noticed meeting shall be required for removal and each such Director shall be presumed to assent to removal unless they expressly abstain or vote otherwise. Any such removal will be effective immediately following the vote on such matter. Section 5.8 ADVISORY BOARD. The Board of Directors may appoint an Advisory Board which shall assist the agency with fundraising and development activities. Advisory Board members do not have voting privileges with respect to matters voted upon by the Board of Directors. The chairperson of the Fund Development Committee shall be a member of the Board of Directors and serve as the liaison to the Advisory Board. ARTICLE 6 MEETINGS OF THE BOARD OF DIRECTORS; VOTING Section 6.1 MEETINGS. The Board of Directors shall conduct at least six (6) general meetings per year. Special meetings may be called by the Chair or any three (3) Directors in order to transact the business of the Board; provided, (i) that a reasonable attempt to notify all Directors has been made at least 24 -hours in advance and (ii) the requirements for a quorum and for the taking of any action shall not be reduced for the purposes of such special meeting. Section 6.2 CHAIR OF THE BOARD. At all meetings of the Board of Directors, the Chair, or, in his or her absence a Vice Chair shall act as the chairperson for such meeting. AVDA By-laws 0 Page 346 of 1207 Section 6.3 QUORUM;_ PARTICIPATION BY TELEPHONE. The presence of a majority of the Directors shall constitute a quorum, Members of the Board of Directors (or any committee thereof) may participate in a meeting of the Board (or committee) by means of a conference telephone or similar communications equipment by means of which all persons participating in the meeting can communicate with or hear each other at the same time. Participation by such means shall constitute presence in person at a meeting. Section ®4 VOTING. Except as may be otherwise provided herein, all actions of the Board of Directors shall be made by the affirmative vote of a simple majority of the Directors constituting the quorum established for a given meeting. Section 6.5 ACTION WITHOUT A MEETING. Any action required or permitted to be taken ata meeting of the Board of Directors or committee thereof may be taken without a meeting if a written consent that sets forth the action taken is signed by all of the Directors or committee members and is filed in the minutes of the proceedings of the Board of Directors or the respective committee, as the case may be, Section 6.6 CONFLICT OF INTEREST. Any duality of interest or -10 4,001 011, 01 '_'W' I wlau*" LU LAU ULIIUF i7recturs UnU MdUC U MULLer oT recora renecieu in me minules oi me meeting of the Board of Directors. Any Director having a duality of interest or possible conflict of interest on any matter before the Board shall not be entitled to vote and shall not attempt to influence other Directors in voting on such matter. A Director having any such duality of interest or conflict of interest shall not be counted in determining the quorum for purposes of voting on the issue. The minutes shall reflect the abstention of such Director from voting and the required quorum. Section 7®1 OFFICERS. There shall be elected by the Board of Directors the following Officers: A. Chair of the Board; B. One or more Vice Chairs-, C. Secretary; D. Treasurer; and E. such other officers as the Board of Directors may from time to time determine, who shall have such duties and functions as hereinafter provided. AVDA By-laws 7 Page 347 of 1207 The Officers shall have the authority to take actions in furtherance of the policies, instructions and determinations of the Board of Directors. Section 7.2 DESCRIPTION OF OFFICES. A. Chair: The Chair shall act as Chairperson during the meetings of the Board of Directors, preside at all meetings of the membership and preside at the Executive Committee Meeting, and shall be an ex -officio or member of all committees. He or she shall be subject to approval by the Board of Directors, appoint committee chairpersons and members and carry on such other duties as usually pertain to this office. B. Vice Chair: The Vice Chair shall perform duties assigned to him or her by the Chair. In the absence of the Chair, the Vice Chair will serve as chairperson during meetings of the Board of Directors. C. Secretary: The Secretary shall record the minutes of the meetings of the Board of Directors and shall be responsible for securing the Board of Directors' voting records and the list of nominees from the Nominating Committee. The Secretary shall maintain an updated list of name, address and phone number for each of the Directors. D. Treasurer: The Treasurer shall maintain financial records of any money received and spent by the Board of Directors. The Treasurer shall serve as chairperson for the Finance Committee and shall present a financial report of the Corporation at each regular meeting of the Board of Directors. At least once per year the financial records of the Corporation shall be reviewed by a Certified Public Account ("CPA") selected by the Board of Directors; the Treasurer shall serve as liaison to the CPA in connection with such review. The Treasurer shall review the audit of the Annual Financial Statements prepared by the CPA. The certified audit prepared by the CPA shall be reviewed by the Board of Directors upon completion. Section 7.3 ELECTION OF OFFICERS. All officers shall be elected to hold office until the Annual meeting of the Board of Directors. Each officer shall hold office for a term of one (1) year and may be re-elected for an additional one (1) year term. A. The Board of Directors shall elect among themselves officers whose names shall have been submitted by the Nominating Committee. There need not be seconding of nominations for office. B. Those who receive a plurality of votes of those present and voting shall be deemed elected. C. In the event of a tie, the same procedure set out in Section 7.3(B) shall apply. D. All Directors and Officers shall assume their respective office, duties and responsibilities as of the date of the election. E. All vacancies that occur shall be filled in accordance with these By -Laws. AVDA By-laws Page 348 of 1207 F. No person shall serve as an Officer in the same position for more than three (3) consecutive terms unless waived by a two-thirds (2/3) vote of the Directors, present and voting. G. The results of the elections shall be final. ARTICLE 8 COMMITTEES OF THE BOARD Section 8.1 GENERAL. The Chair of the Board of Directors, as needed, to conduct the business of the Corporation, shall appoint committees and committee chairs. The Chair of the Board of Directors and President & CEO shall sit as an ex -officio member on all committees. The chairperson of each of the Standing Committees shall be a Director; provided, however, that such requirement may be waived by the affirmative vote of two-thirds of the Board of Directors. Section 8.2 EXECUTIVE COMMITTEE. The Executive Committee shall consist of the officers of the Board of Directors and immediate past Chair, if such person remains a Director. The purpose of this committee is to function on behalf of and with the authority of the Board of Directors at such times as when it is impossible to delay action until a meeting of the Board can be called to act. The Executive Committee shall report to the Board, at the next regular meeting on any action taken between regular Board meetings. Section 8.3 STANDING COMMITTEES. The Standing Committees of the Board of Directors shall consist of the following: (i) Nominating Committee; (ii) Finance/Audit Committee; (iii) Fund Development Committee; and (iv) Policy Committee; and Section 8.4 AD HOC COMMITTEES. The Board of Directors may, from time to time, create such additional committees as it deems necessary. Section 8.5 MINUTES AND REVIEW. Each committee shall submit a report of its proceedings to the Board of Directors for review. The proposed actions of any committee are subject to review and approval by the Board of Directors. ARTICLE 9 ANNUAL MEETING Section 9.1 ANNUAL MEETING. The Annual Meeting will be held on a day set by the Board of Directors. AVDA By-laws 0 Page 349 of 1207 Section 9.2 PLACE OF MEETING. The Board of Directors may designate any place for the Annual Meeting. If no designation is made, or if a special meeting were otherwise called, the place of meeting shall be the principal office of the organization. Section 9.3 NOTICE OF HEARING. Written notice as required of organizations by law for State and Federal Funding, stating the place, the day and hour of the meeting shall be delivered no less than ten (10) nor more than twenty (20) days before the date of the Meeting, either personally or by mail at the direction of the Chairperson or the Secretary, or the office or persons calling the meeting, to each Director entitled to vote at such meeting. Section 9.4 VOTING LISTS. The Nominating Committee Chairperson or designee shall make and certify a complete list of the Board of Directors, which list shall be subject to inspection by the Board entitled to vote at such meeting. The list shall be prima facie evidence as to which Board members are to vote at the meeting. ARTICLE 10 EMPLOYEES Section 10.1 PRESIDENT AND CHIEF EXECUTIVE OFFICER. The Board of Directors shall employ a President and Chief Executive Officer who shall be responsible for developing and administering the Corporation's programs in accordance with the policies and procedures established by the Board of Directors. Hiring and dismissal of the President & CEO shall require a simple majority of the elected Board. Section 10.2 OTHER EMPLOYEES. All employees of the Corporation shall be governed by the Personnel Policies as revised and adopted by the Board of Directors from time to time. ARTICLE 11 MISCELLANEOUS Section 11.1 DUES. The Board of Directors shall determine annual dues payable by the Directors and the General Members and shall receive the recommendation of the Fund Development Committee. Said dues shall be payable on or before June 15th of each calendar year. AVDA By-laws Section 11.2 ROBERT'S RULES OF ORDER. The rules contained in Robert's Rules of Order, latest revised edition, shall govern the meetings of the Corporation in all cases to which they are applicable and in which they are not inconsistent with the bylaws of the Corporation. 10 Page 350 of 1207 ARTICLE 12 CONTRACTS Section 12.1 CONTRACTS. The Board of Directors may authorize any Officer or Officers, agent or agents to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation; provided, however, that contracts and other obligations that are either of a dollar value greater than Fifty Thousand Dollars ($50,000.00), may not be entered into except as authorized by a resolution of the Board of Directors. Section 12.2 CONTRACTS SIGNED BY THE PRESIDENT AND CHIEF EXECUTIVE OFFICER, Contracts in any amount may be signed by the President & CEO or any officer of the Board of Directors. Section 12.3 LOAN COMMITMENTS. Loan commitment may not be entered into except as authorized by a resolution of the Board of Directors. Section 12.4 CHECKS. All checks, drafts or other orders for payment of money, notes or other evidence of indebtedness issued in the name of the Corporation shall be signed by an Officer or agent of the Corporation. and in such manner as shall, from time to time, be determined by resolution of the Board of Directors. Section 12.5 DEPOSITS. All funds of the Corporation not otherwise employed shall be deposited from time to time to the credit of the corporation in such banks, trust, companies or other depositories as the Board of Directors may select. Section 12.6 TREASURER OR FINANCE COMMITTEE. The Treasurer or Finance Committee must approve the issuance of checks for purchases in excess of $5,000.00 if such purchases were not previously approved in the budget of the Corporation. ARTICLE 13 FISCAL YEAR The fiscal year of the Corporation shall begin on the 1St day of July and end on the last day of June. ARTICLE 14 AMENDMENTS Section 14.1 AMENDMENTS TO BY-LAWS. These by-laws may be altered, amended or repealed and new by-laws adopted by the Board of Directors at any meeting of the Board of Directors. Any such alteration, modification, amendment or ratification of the by-laws shall require an affirmative vote of a majority of the Directors constituting a quorum at a meeting of the Board of Directors. AVDA By-laws 11 Page 351 of 1207 Section 14.2 ANNUAL REVIEW OF BY-LAWS. The Corporation shall review the by-laws annually. ARTICLE 15 INDEMNIFICATION Each person (including the heirs, executors, administrators, or estate of such person) (a) who is or was a director, manager, trustee or officer of the Corporation, (b) who is or was an agent or employee of the Corporation other than an officer and as to whom the Corporation has agreed to grant such indemnity, or (c) who is or was serving at the request of the Corporation as its representative in the position of a director, manager, trustee, officer, agent or employee of another corporation, partnership, joint venture, trust or other enterprise and as to whom the Corporation has agreed to grant such indemnity shall be indemnified by the Corporation as of right to the fullest extent permitted or authorized by current or future legislation or judicial or administrative decision, against any fine, liability, cost or expense, including attorneys' fees, asserted against him or incurred by him in that capacity or arising out of his status as director, officer, agent, employee or representative. The foregoing right of indemnification shall not be exclusive of other rights to which those seeking an indemnification may be entitled. The Corporation may maintain insurance, at its expense, to protect itself and any of those persons against fines, liabilities, costs or expenses, whether or not the Corporation would have the legal power directly to indemnify the person against such liability. ARTICLE 16 GENERAL STANDARDS FOR DIRECTORS A Director shall discharge his or her duties as a Director, including his or her duties as a member of a committee: (a) in good faith; (b) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (c) in a manner he or she reasonably believes to be in the best interest of the Corporation. In discharging his or her duties, a Director may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by (a) one or more officers or employees of the Corporation whom the Director reasonably believes to be reliable and competent in the matters presented; (b) legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; or (c) a committee of the Board of Directors of which he or she is not a member if the Director reasonably believes the committee merits confidence. A Director is not acting in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted unwarranted. A Director is not liable for any action taken as a Director, or any failure to take any action, if he or she performed the duties of his or her office in compliance with this section. ARTICLE 17 DIRECTOR CONFLICT OF INTEREST No contract or other transaction between the Corporation and one or more of its directors or any other corporation, firm, association, or entity in which one or more of its directors are directors or officers or are financially interested, shall be either void or voidable because of such relationship or interest, because such director or directors are present at the meeting of the board AVDA By-laws 12 Page 352 of 1207 or a committee thereof which authorizes, approves, or ratifies such contract or transaction, or because his or her or their vote(s) are counted for such purpose, if (a) The fact of such relationship or interest shall be disclosed in writing to the board or committee prior to a vote which authorizes, approves or ratifies the contract by a vote and (b) the contract or transaction is fair and reasonable to the corporation at the time it is authorized by the board, a committee or the members. Common or interested directors may be counted in determining the presence of a quorum at a meeting of the board or a committee thereof which authorizes, approves, or ratifies such contract or transaction. Provided, however, that notwithstanding the above, no such contract or other transaction shall be entered into if it would adversely affect the status of the corporation as an organization described in Section 501(c)(3) of the Code. No member of the Board of Directors or Advisory Board or their family members may be employed by or enter into a contract with AVDA while serving on the Board or for a one-year period following their termination from the Board of Directors or Advisory Board. ARTICLE 18 DISSOLUTION Upon dissolution of the corporation, all assets, real or personal, shall be distributed to such organizations as may qualify exempt under 501(c)(3) pursuant to the requirements of Internal Revenue Code, as amended from time to time, or the corresponding provision of any future Internal Revenue Code. Such exempt organization shall embrace a mission statement similar to the Corporation. AVDA By-laws 13 Page 353 of 1207 Evidence of Matching Contributions Matching funds will be from the Florida Coalition of Domestic Violence (FCADV) Primary Prevention Grant. Please see below evidence from our FCADV contract. We have not yet received the contract for 20-21, but we have received verbal approval that we will be receiving $20,000 for the 20-21 grant year. The FCADV grant year runs from July to June. The 2018-2019 and the 2019-2020 grant years there was an exception as the 2018-2019 grant year ran from July to July (13 months) and 2019-2020 grant year ran from August to June (11 months). Due to these exception we are including both the 2018-2019 and the 2019-2020 contracts below as evidence. 2019-2020 $ 18,333.33 2020-2021 1,666.67 (one month of this contract) Tota12019-2020 $ 20,000.00 3. Effective Dates This contract shall begin on August 1, 2019. It shall end at midnight, Eastern Standard Time, on June 30, 2020, unless terminated earlier pursuant to Section 22 herein. All Provider services shall be performed during this period except that preparation and submission of reports may be required after expiration or termination of this contract, to the extent expressly stated in this contract, and payment for services may be rendered after the expiration or termination of the contract term for services provided prior to expiration or termination of the contract term. Certain terms of this contract survive expiration or termination of the contract as described in Section 23 herein. 4. Contract Amount The FCADV shall pay for contracted services according to the terms and conditions of this contract in an amount not to exceed. 5678.062.1¢, subject to the availability of funds and satisfactory performance of all terms by the Provider. The FCADV's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Florida Legislature to the Florida Department of Children and Families (the "Department") and the Department's contract with the FCADV. Any Provider costs or services paid for from any other contract or source are not eligible for payment under this contract. 5. Funding Sources The breakdown by funding source for the contract amount is as follows: (a) Domestic Violence Trust Fund (DVTF),S68,705.74 (b) Family Violence Prevention and Services Act (FVPSA) S82.7".23 (c) Family Violence Prevention and Services Act (FVPSA 11-FYE20);SSM2.$¢ 46mmii99 (g) Family Violence Prevention and Services Act (FVPSA Il-FYE20-TRANS) $25,769.95 (h) General Revenue (CPI -GR -219) 568.750.00 Page 354 of 1207 3. Effective Dates This contract shall begin on July 1, 2018, or on the date on which the contract has been signed by the last party required to sign it, whichever is later. It shall end at midnight, local time of the Provider, on July 31, 2019, unless terminated earlier pursuant to Section 22 herein. Ail Provider services shall be performed during this period exeept that preparation and submission of reports may be required atter expiration or termination of this contract, to the extent expressly stated In this contract, and payment for services may be rendered after the expiration or termination of the contract term, Certain terms of this contract survive expiration or #enninatiou ofthe contract as described in Section 23 heroin. 2. Section 4 is hereby amended to read: 4. Contract Amount The PCADV shall pay for contracted services according to the terms and conditions of this contract in an amount not to exceed 19: subject to the availability of funds and ,satisfactory performance of oil tarns by the Provider. The MAW& performance and obligadoa to pay under this contract is contingent upon an annual appropriation by the Florida°l egislature to the Florida Department of Children and Families (the "Department") and the Department's contract with the FCAAV. Any Provider costs or services paid for from any other contract or source are not eligible for payment under this contract. Any match reported for tho period of July 1, 2018 through June 30, 7019 in excess of the match n quireme tt for that perlad. may not be utilized for the parlod July 1, 2019 through July 31, 2019. 3. Section 3 is hereby amended to read; S. Funding'Sources The breakdown by funding source for the contract amount is as follows-, (a) Domestic Violence "'Frust Fund (DVIT) (b) Domemic Violence Trust Pund (DVTP II-PY920),U QM (c) Family Violence Prevention and Services Act (PVPSA) 3853111.91 (d) family Violovoc Prcyonlion and Services :Act (FVPSA Il-FYE20)„, },,= ( Prima 1�rov+dt:�PPETANF') ( cetera eveflue®n (11) Famlly Vlolenoe Prevention and Services Act (PVPSA II-PYB20-TRANS),J913, 3.52 (i) General Revenue (CPI.GR.219) III j 0.oa Page 355 of 1207 Aid to Victims of Domestic Abuse, Inc. JOB TITLE: Violence Prevention Educator DEPARTMENT: Program Services — Outreach CLASSIFICATION: Full-time, nonexempt, hourly, "at -will" REPORTS TO: Outreach Services Manager JOB SUMMARY: The Violence Prevention Educator educates youth, staff, professionals and members of the community on issues relating to domestic violence and healthy relationship building; assists in curriculum and program development. Work schedule: 40 hours per week as assigned by your supervisor. Flexibility is required to meet the needs of the requests for presentations. ESSENTIAL DUTIES AND RESPONSIBILITIES: • Read and abide by the rules, policies and standards set forth in the Employee Personnel Policy Manual. • Perform duties in accordance with program guidelines and agency policies. • Implement primary and secondary prevention programming including curricula facilitation with youth, community organizing, and social marketing to prevent domestic/dating violence. • Facilitate violence prevention curricula with school age youth. • Assist with curriculum and program development. • Provide profession al/com mu n ity training; participate in community events and meetings. • Coordinate staff in-service trainings. • Able to work in different environments and utilize effective time management skills. • Maintain accurate program records, grant required statistics and implement program evaluation tools. • Promote an organizational culture that embraces workplace values of respect, caring, support, effective communication, teamwork, collaboration, accountability and responsibility; and work with staff to create and maintain a workplace environment reflective of those values. POSITION REQUIREMENTS: • Bachelor's degree in public health, sociology, education or related field or a minimum of three years relevant experience in education or professional training. ® Experience working with youth and public speaking. • Fluent in social media platforms. • FCADV Core Competency Training and privilege status obtained within first 90 days. • Meet required training hours annually to maintain privilege status. • Excellent verbal and written communication skills; exceptional customer service skills. • Reliable transportation, and if that is a personal vehicle, a valid driver's license and clean driving record for insurability. • Intermediate use of MS Excel, Word, Outlook and client database software. • Fluent in reading, writing, speaking English. Secondary language is a plus. W, ECIAL REQUIREMENTS AND PHYSICAL DEMANDS: Ability to exert physical effort which may involve some lifting, carrying, pushing and/or pulling of objects all materials of light weight (up to 20 pounds), bending, stooping, stretching, squatting, sifting, including movement up and down stairs. Regular to frequent travel required in the Palm Beach County area. October 2016 M Page 356 of 1207 cn a� >, 0 N0. H(cn D0 ° N0 w� in O m a rn c :3 o m o U C n fn 0 o ° 00 c i 7 O U) `� T Enm O m .Q c ❑ m C -0 O C 0 ) U O O N in +3+ X C U) a a � cn o Ems, cow cu > c r O N u0i -' N N 0 N C U) U) C. N ❑ N f6 N U) E L +- C 7 C U) O U ° C (A N .Z' U) 0 L O (DU) C CU '0 O E N ai m m 'D rn ❑ cu C V -0N U) M C ca O U,) ci a N 2 in o p o N U O ° C ° y Ol 2-0 :? c CL ° cn o a) c (W° EQ~ c c Z c O �W� (D M NU LL 7 CO N y Ct) O d H c N aZ E 0 E Q ❑ v fn Z ~ LlJ c LL a J N M U7 CO I� 00I rn r r r r r N N N N N r LL d O Page 357 of 1207 i............ w 0 o E 0 Z cn' — w LO CO r- 00 '.. W O r N M (O h 00 O O r N M V LO 0 N N N N N M M M M M M M M M M v I IT V W E L V a Page 358 of 1207 1' a „/.Fiscal Year 2020 2021 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING APPLICATION SUBMISSION DEADi INE April 0-'i T FOR MORE INFORMATION OR QUESTIONS, PLEASE CONTACT: CITY OF BOYNTON COMMUNITY IMPROVEMENT DIVISION 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33426 Telephone: 561-742-6066 Email: yw°�IllllllllwwIIIV°II°��°IIII Lashea Brooks, Interim Community Improvement Manager Community Improvement Division 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 3343 tCm M A" Page 359 of 1207 Agency Name: Bo nton Beach Faith Based Communit Develo ment Cor Project: Housin Counselin & Affordable Housin . Development APPLICATION X Submit Electronic Application Only X Application is signed and dated. By Director, and Board Chairperson X 501(c) (3) is attached (if applicable). (See PDF below) 4F 501-C-3. p df X Board Member list. (See PDF below) PGF Board Member List.pdf X Copy of latest audit. (See PDF below) 2018 Audit.pdf X All funding sources for this project identified. (See PDF below) Funding Sources.pdf ADDITIONAL ATTACHMENTS........... ......... ........................_............ �..._.._......................................... X Attachment 1 ....... Agency Articles of Incorporation and Agency By-laws See attached PDF Articles of Incorporation.pdf ....... . ....... ...... X Attachment 2 .... . .......................... Copies of current license(s) needed to operate (as applicable to the funded activity) - See attached PDF m�".� PGF Business License.pdf X Attachment 3 Evidence of matching contributions — See attached PDF o,,,,1.,.,.,"', ��,FeGr�m PGF Match i�n g Funds.pdf Page 360 of 1207 A description/schedule of fees charged g d to the targeted N/A Attachment 4 beneficiaries of the programs/services/facilities to be funded (if applicable) Our service is provided "free" to participants R � A job description for each position for which funds are being requested (explain salary increase request if higher than amount Job funded last ear —See attached PDF Descriptions.pdf year) X Attachment 5 FY 2020-2021 Funding Request To submit an application, complete A — G, Attachments 1-5 (if applicable) and any other items requested. Do not include any items that are not requested. SubmitIl ectr"oni Ill lllll cafe ori to Lashea Brooks ��„�4:��pm�ImUmlllm�mu) Community Improvement Division, 3301 Quantum Boulevard, Boynton Beach, FL 33436 by 4:3Qpini, III!iiiri114 20, 2i"1,20. Please review the "Subrecipient Guide” for the Programs, goals, requirements and timelines. For assistance, please call the Community Improvement Division at 561-742-6600. A. GENERAL INFORMATION 1. Name of Applicant: Boynton Beach Faith Based Community,Development Cor X Non-profit Neighborhood Association For -Profit X CHDO (Provide copy of your IRS ruling providing tax exempt status under Section 501(c) (3) of the 1986 IRS Code if you are a non-profit) 2. Name of Project: Housing Counseling & Affordable Housing Development 3. Area or Location of Project: City,of Boynton Beach Municipa,[Boundary with the Heart of Boynton as Priority Area 4. Contact Person/Title: Keturah Jose h Executive Director (Preferably Pres. /Director) Email Address: k'bbfbcdc a ahoo.com Additional Contact Person/Title: N/A (Preferably Person responsible for preparing reports) Alternate Email Address: N A Mailing Address/Zip: 2191 N Seacrest Blvd Boynton Beach FL 33435 Telephone: 561-752-0303 Fax: 561-244-5046 5. Grant Request Activity Area: 2 Page 361 of 1207 A 7. E Public Service Public Facility Public Safety/Crime Prevention Senior Services Homeless Prevention Services Other X Economic Development Youth Programs Amount of Funds Requested for Project: 128 700 --�-- Amount of Matching Funds for Project: $3,374,310 Match Type: X Cash _ Sweat Equity _ Other Grants Donations Identify Source of Match: Florida Community Loan Fund 1 Million Credit Line Unduplicated Units Served (agency's definition) Total number of personsZindividuals that will benefit from the project. CDBG: (a) Total CDBG Funds Requested X128,700 (b) Total Unduplicated Units Served 220 (Explain how determined?) • Homebuyer education and counseling— 150 individuals • Supportive housing -30 individuals • New homeowners —10 • Housing preservation counseling - 50 (c) Average CD Cost Per Unit (a/b) $536.251per unit TOTAL PROJECT: (a) Total Project3,„503,010 (Operating & Housing Development) (b) Total Unduplicated Units Served 10 (Explain how determined?) 5 new construction units (Model Block Phase II) 5 acquisition/rehab properties (c) Average Cost Per Unit (a/b) 1264,123 Per Unity of Housin Develo ed 9. Is this project: A new service; or X A quantifiable increase in the level of an existing service which has been provided by the grantee on its behalf through State or local government funds in the 12 months preceding the submission of the grantee's Consolidate d Plan Annual Action Plan 10. Could this project occur without these funds? Yes X No 11. Will this project continue after our funding ends? X Yes No 3 Page 362 of 1207 B. PROPOSED PROJECT: Project Description: In three sentences concisely describe your project. This description will be used in future publications should your application be approved. Limit to three sentences. The project is a continuation of our ongoing redevelopment efforts in the Heart of Boynton (HOB), and it incorporates four interrelated components: 1) Affordable Housing development involves new construction and acquisition and rehabilitation of distressed properties 2) Homebuyer education and counseling to prospective homebuyers 3) Home preservation counseling to homeowners affected by the Coronavirus pandemic 4) First-time homebuyer opportunities 5) Community outreach that provides supportive housing for at -risk individuals C. STRATEGY: Check the ONE STRATEGY that best describes your project and provide number oT units tnat WOne wiii De servea unaer tnis program. _ mUnits Check Specific Objective Number of This Project Will Serve Housing/Non-Housing Community Development Plan .............. Economic Dev. ........ ........ Jobs Created: Public Safety/Crime Prevention # of Programs: _ ............ .............: Public Facilities _.. .... .... Facilities...lmpa�...�..............._............ Public Service Households/Persons: (please specify which) Senior Services Elderly Households/Persons: (please specify which) ............. Youth Programs w..._ .�......_ ..w_....�. Children/Youth: .aw..��_....�..._.__._.........._.._,,Special Activity by Community- �..��..._Homebuyer Education —150 households X Based Organization Housing Development —12 units Home Preservation — 50 (projected) Supportive Housing — 20 individuals Other (Specify) D. PROJECT SUMMARY Provide a detailed description of the proposed project/activity to be funded, including a plan of action explaining in detail how the agency (and who, specifically) will implement the activity: i.e. intake procedures, required documentation, etc. Describe how this 2 Page 363 of 1207 activity relates to the overall organizational structure. Be very specific how the CDBG funds are proposed to be used. (Attach additional sheets if necessary) Brief History Boynton Beach Faith Based Community Development Corporation (Boynton Beach CDC) is an experienced non-profit organization that is engaged in housing, community and neighborhood development, and redevelopment in the Heart of Boynton (HOB) communities. The CDC operates under its primary mission to create safe, decent, affordable housing opportunities for low-income residents of Boynton Beach. The CDC was established in 1999 by a group of concerned community residents who came together to address the decay, neglect, and blight in the HOB. They banded together to bring positive changes to their neighborhoods. From these beginnings and with the assistance of the City of Boynton Beach, the organization has grown. Today, more than twenty years later, Boynton Beach CDC is a Qualified Community -Based Development Organization and a leader in affordable housing development in the City. Boynton Beach Faith Based Community Development Corporation (Boynton Beach CDC) is an experienced non-profit organization that was organized by a group of concerned citizens in 1999 who were frustrated with the conditions of crime, hopelessness, and poverty that was rampant in the HOB communities. They banded together to bring positive changes to their neighborhoods. From these beginnings and with the assistance of the City of Boynton Beach, the organization has grown. Today, more than twenty years later, Boynton Beach CDC is a Qualified Community -Based Development Organization and a leader in affordable housing development in the City. Throughout the years, the City of Boynton Beach has remained a loyal partner providing ongoing financial and technical support to the CDC. One of the primary assignment of our mission is to address slum and blight and improve the deteriorating housing stock in the HOB. The objective is to make strategic investments that increase the permanent supply of affordable housing in the HOB. Remaining faithful to that mission, we create, sustain, and promote access to affordable housing for low and moderate - income individuals and families, the vast majority with household incomes below 80 percent of the area median income. The goal is to enable everyone desirous of becoming a homeowner to accomplish that goal. We achieve that objective by assisting prospective homebuyers overcome credit and income impediments to achieve their homeownership goals through intensive homebuyer education and counseling. To date, has created more than 260 affordable housing in the HOB neighborhoods, assisted more than 360 low/moderate-income individuals and families achieve the goal of homeownership, and we have provided homebuyer education and counseling to more than 3,700 participants. Funding Purpose: If granted, the funds will provide partial operating support that will allow the CDC to continue and further advance our revitalization efforts that create, sustain, and increase the permanent supply of affordable housing in the HOB. More specifically, the funds will leverage a $1 million 5 Page 364 of 1207 loan from the Florida Community Loan Fund to facilitate our housing development efforts in the HOB. Throughout the years, the City of Boynton Beach has remained a loyal partner providing ongoing financial and technical support to the CDC. The proposed "project" will sustain that collaboration, and will support the following activities: • Housing development that creates affordable homeownership opportunities for low/moderate-income individuals (new and existing) • Intensive client -focused homebuyer education and counseling to prospective first-time homebuyers • Promotes access and retention of affordable housing among lower-income individuals and families • Create/provide supportive housing opportunities for at -risk special -needs individuals. The project will continue our affordable housing development activities in the HOB. During the activity period, the CDC will carry out the following activities/services: 1. Develop/build seven (7) new single-family housing units 2. Depending on availability, purchase five (5) distressed/abandoned/blighted structures, renovate and resell to eligible buyers 3. Provide intensive homebuyer education and counseling to 150 individuals 4. Provide homeownership preservation counseling to individuals affected by the Coronavirus pandemic 5. Provide supportive housing to not less than 20 at-risk/disable individuals through our "street outreach" program The proposed activities in this request fulfills the CDBG activity definition of 24CFR570.204 (a) Special Activities by Community -Based Development Organizations. Project Goals and Objectives • Revitalize and stabilize neighborhoods in the target area of the HOB • Improve the quality and condition of housing stock in the area and provide housing for low wage individuals/families • Provide homebuyer education and client -focused counseling to individuals desirous of becoming homeowners • Enhance the community's attractiveness and address deferred maintenance issues by purchasing distressed/abandoned properties, renovating them, and selling/leasing after renovation is completed. • Utilize City donated vacant lots, CDC owned vacant lots, and distressed properties to create new affordable housing opportunities for lower -wage individuals and families • Provide supportive housing opportunities for individuals with special need. Housing Development The housing activity provides an array of housing opportunities to eligible low and moderate income families. The primary objective of this activity is to create safe and decent housing that lower income individuals and families can afford, and is intended to improve and revitalize the HOB target community. All units developed (new or existing) are sold or leased to eligible G Page 365 of 1207 families/individuals thus accomplishing the CDC's mission of delivering affordable homeownership opportunities to low and moderate income residents. The housing development activity incorporates the following three activities: 1. New home construction 2. Acquisition and rehabilitation of distressed properties 3. Supportive housing New Home Construction This component involves the construction of new single-family homes in the HOB neighborhoods. The project's new housing efforts will primarily concentrate on completing Phase II of the Model Block project (a seventeen (17) unit redevelopment project in the Poinciana Gardens community that commenced in 2016/17), to fulfill our redevelopment promise of transforming that community. Seven (7) "new" homes will be built during the activity period. Five (5) in the "Model Block" redevelopment area of Poinciana Gardens on recently donated city lots and two (2) on CDC owned lots in the adjacent community. However, our new construction efforts will concentrate on completing Phase II of the Model Block project. All units developed will be sold to qualified low and moderate -income families at affordable prices. The new housing units will be attractive in design and will range in size from 1,800 to 2,000 sq. ft. We create housing opportunities structured to meet the needs of qualified homebuyers (See Floor Plan, Mode Block press article and marketing information in PDF below). „t Model Block Press Article.pdf Implementation The Model Block redevelopment project is a city -sponsored initiative aimed at improving the housing condition/stock in the Poinciana Gardens community. In 2016/17, with the City's support, The CDC and Habitat for Humanity embarked on Phase I of the Model Block redevelopment project. The City & CRA donated seven lots to the CDC and Habitat for Humanity, and the project commenced. Seven (7) new homes were constructed on the donated lots. The CDC built and sold four (4), and Habitat built and sold three (3). In 2018/19, while awaiting additional lot donations from the City, the CDC built four (4) other homes within the same general vicinity. The City donated ten (10) additional lots — five each to the CDC and Habitat for Humanity - in 2019 to commence Phase II of the Model Block initiative and complete the project. In 2019, to complete the Poinciana Gardens/Model Block redevelopment initiative, the City donated ten (10) additional lots (five to the CDC, and five to Habitat). The CDC will build seven 7 Page 366 of 1207 P� Floor Plans.pdf Model Bock Fhw.pub Implementation The Model Block redevelopment project is a city -sponsored initiative aimed at improving the housing condition/stock in the Poinciana Gardens community. In 2016/17, with the City's support, The CDC and Habitat for Humanity embarked on Phase I of the Model Block redevelopment project. The City & CRA donated seven lots to the CDC and Habitat for Humanity, and the project commenced. Seven (7) new homes were constructed on the donated lots. The CDC built and sold four (4), and Habitat built and sold three (3). In 2018/19, while awaiting additional lot donations from the City, the CDC built four (4) other homes within the same general vicinity. The City donated ten (10) additional lots — five each to the CDC and Habitat for Humanity - in 2019 to commence Phase II of the Model Block initiative and complete the project. In 2019, to complete the Poinciana Gardens/Model Block redevelopment initiative, the City donated ten (10) additional lots (five to the CDC, and five to Habitat). The CDC will build seven 7 Page 366 of 1207 (7) new homes during the activity period. Five (5) units will be built in the Poinciana Gardens community on the City donated lots (Model Block Phase II), and two (2) will be built on scattered infill lots. We are eager to commence Phase II to complete the Model Block project that began in 2016/17. (See Model Block Phase II lot details in PDF below). Lot Details Model Block Phase Il.pdf The Poinciana Gardens community is located in (census 61.00) - one of two census tracts in the City with the lowest household income. Prior to the start of the construction of the Model Block units, it contained only twenty-five (25) properties, most requiring extensive rehabilitation. The community was unattractive and not appealing because of the dilapidated nature of existing structures and the low percentage of homeowners. However, the neighborhood transformation began in 2016/17 with the seven new homes that were developed by the CDC and Habitat. It will become even more appealing to prospective homebuyers upon completion of the ten (10) additional dwellings. The homeownership rate will almost double with the addition of seventeen (17) new homes. It will appeal to prospective homebuyers because of its proximity to amenities that include Poinciana Elementary, Carolyn Sims recreation facility, transportation routes, shopping, medical facilities, and the major redevelopment of the City's downtown area, currently underway. All seventeen (17) "new" homes in the Model Block community are contiguous. The homes are constructed side by side, encompassing one block which will help stabilize and rebuild the economic base of the neighborhood and foster economic rebirth in the community, thereby achieving the goal of revitalizing that community. Our efforts will not end once the project is completed. We will continue our efforts to build additional homes and will continue to purchase lots when available, as well as solicit land donations from the City/CRA to continue our revitalization efforts. The goal is to attract working individuals and families back to the community to stabilize and rebuild the economic base and transform the neighborhood into a vibrant, thriving community (See Model Block home photos and new housing development budget in PDF below). ,pqq 0 C6 Model Block New Housing Dev Phase 1 Homes.pdf Budget.pdf Our new home construction activity also includes infill housing development. The "infill" activity involves acquiring vacant lots in various HOB neighborhoods either through donation or purchase from private landowners, and construction of new housing units for sale to eligible buyers. The objective of the "infill housing" activity is the same as the "new housing" activity — 8 Page 367 of 1207 facilitate the creation of new housing units within the HOB target area. All CDC built homes are attractive in design and range in size from 1,500 sq. ft. to 1,800 sq. ft. and will have 3 bedrooms, 2 baths and either 1 or 2 car garages. The homes will be similar in design to the ones previously built for continuity and curb appeal and will include green and energy-efficient features. The CDC is actively seeking to acquire vacant lots to continue our new housing activity. New housing construction is accomplished by acquiring lots either through donations or through economically viable purchases to build on scattered sites (Infill housing). Given the scarcity of buildable land and the cost to develop, affordable housing is costly to build. The cost of building and maintaining safe and decent housing exceeds what can be afforded by many low-income households. In today's escalating housing prices and projected continued price increases, the cost of building and maintaining safe and decent affordable housing exceeds the price low/very-low-income households can afford to pay for housing. The lack of reasonably priced buildable land is a significant impediment to our redevelopment efforts. The large number of small parcels in the HOB makes it challenging to assemble property of sufficient size to develop large scale projects in the community economically. If land is not available via donations, and we cannot acquire additional lots due to high cost, our new housing development activity will no longer be viable, and lower -wage individuals will be severely impacted. Simply put, if suitable sites are no longer available or reasonable to purchase, our affordable housing activity will be severely hampered. We hope our collaboration with the City/CRA will endure, and the lot donations will continue to allow the CDC to produce affordable housing units that benefit low-income individuals and families. (See photos of newly built scattered site homes in PDF below) PfF Newly Built Homes.pdf Acquisition and Rehabilitation of Distressed Properties According to a recent April 3, 2020, Attom Data Solutions report, foreclosure activity continued to decline in March with the number of filings at one-sixth of what it was following the Great Depression a decade ago. According to the report, the U.S. foreclosure rate is below pre - recession levels in 61 percent of U.S. markets. This trend, however, comes with a warning because it captures the crucial months before millions of Americans started losing their jobs because of the economic fallout connected to the Coronavirus pandemic. Banks, the report further states, are temporarily holding off on foreclosures, and it is expected that this will bring foreclosures even lower for at least the next few quarters. However, with unemployment and other "distress factors" hitting the economy now, the numbers could rise significantly later this year and into next, depending on how many people can't keep up with their payments." Z Page 368 of 1207 According to an April, 2020, Attom Data Solutions report, delinquency and foreclosure rates remain high in Florida despite the recent decrease in foreclosures and foreclosure filings nationwide. The report reveals, nationwide one in every 873 housing units in the United States had a foreclosure filing in the first quarter of 2020. Florida is among the states with the highest foreclosure rates in the first quarter, with one in 628 housing units with a foreclosure filing. New Jersey was one in 406; Delaware - one in 433 units; Illinois - one in 448 units; and Maryland - one in 583 units top off the other states with the highest foreclosure rates during the same period. The second component of the CDCs housing development activity involves the acquisition of distressed properties directly from banks and servicing companies through an established relationship with the National Community Stabilization Trust (NCST). Boynton Beach CDC commenced the housing acquisition/rehabilitation activity in 2011, utilizing grant funding from the City of Boynton Beach and Wells Fargo. The goal is to stabilize communities and eliminate blight by occupying vacant properties, thereby limiting the destabilizing effects on home values by acquiring and renovating abandoned structures and converting them into long-term affordable housing options for low-income individuals. The CDC will continue the acquisition and rehabilitation program during the activity. Depending on availability and financial feasibility, the CDC proposes to acquire, renovate, and sell five (5) foreclosed homes during the activity period. A March 2020 Realty Trac report discloses the number of properties that received a foreclosure filing in Florida was 4 percent higher than the previous month, although 33 percent lower than the previous year. Despite the downward trajectory of the past year, March posted an increase in Florida, and this increase is expected to rise significantly, depending on the economic downturn and resulting job loss associated with the Coronavirus pandemic. Florida consistently ranked among the top states with the highest number of foreclosures during the Great Recession. That pattern may be repeated depending on the severity of the economic downturn associated with the pandemic. As such, the opportunity to purchase foreclosed homes through our established relationships with various banks and mortgage servicers is likely to continue. Implementation Whenever possible and financially practical, we will utilize revenue generated from the sale of properties and our revolving line of credit to purchase properties directly from lenders and servicers through an established relationship with the Nation Community Stabilization Trust (NCST) at a negotiated discount rate. Every unit purchased will undergo extensive renovated and, to the extent possible, will include "green" features. Rehabilitation, when needed, will involve upgrading the major components of the home, such as electrical, heating and cooling, and plumbing upgrades, new kitchen, appliances, bathrooms, and floors. Once the renovation is completed, the units are sold to eligible buyers. The goal of the acquisition activity is: Help revitalize and stabilize neighborhoods impacted by foreclosure and limit the destabilizing effects on home values by acquiring and renovation abandoned structures 10 Page 369 of 1207 ii. Save communities from decay, blight and depreciating home values by occupying vacant properties as quickly as possible and returning them to the tax roll iii. Create long-term permanent affordable housing opportunities for low wage individuals and families iv. Improve the quality and condition of the housing stock and create/provide housing options that enhance the beauty and livability of neighborhoods by renovating blighted/abandoned structures as quickly as possible and minimizing the length of time properties stand vacant in communities V. Create jobs and promote economic development. (See Housing Acquisition & Resale Plan and housing development budget in PDF below) PGF l Combined Housing Dev Budget.pdf Housing Acquisition & Resal( Since 2011), the CDC has purchased forty-five (46) foreclosed/distressed properties. Forty (41) were renovated and sold, two (2) units were demolished, rebuilt, and sold, and three (3) are rented to eligible low-income tenants. The acquisition activity not only create homeownership opportunities for prospective homebuyers, but it also provides much needed and in demand "supportive housing" for at -risk individuals. Of the 46 distressed acquisitions we purchased, two properties currently provides housing for at - risk individuals — a 4 -unit building and a single-family home. Currently we provide housing for fourteen 1(4) at -risk individuals. The goal is to provide this specialized housing activity to a maximum of 20 individuals during the activity period. (See photos of Acquisition/Rehab Homes a list of recently developed properties in PDF below) 0 C3 Aquisition Rehab 2.pdf o v RGF Recently Developed Property Listing Revi The Project Manager is responsible for the implementation of the housing development activity and other housing related activities. Supportive Housin The third component of our housing development activity is supportive housing for at -risk individuals. 11 Page 370 of 1207 According to a 2019 Florida Housing "Home Matters" report, Florida has the third highest homeless population of any state in the nation, with 31,030 people living in homeless shelters and on the streets. This includes 2,543 veterans and 9,587 families with at least one child. In the 2018 Point -in -Time (PIT) counts, communities across Florida identified a total of 31,030 "literally homeless" people - those staying in shelters, on the street, or in other places not meant for human habitation, a reduction of 36% since 2007 from a high of 57,551 in 2010. Unfortunately, another commonly used measure suggests that family homelessness has increased both nationally and in Florida reported 40,967 homeless students in the 2008-2009 school year. That increased to 75,106 in the 2016-2017 year — a net increase of 83%, indicative of an increased need for affordable housing for low-income families. These numbers emphasize that homelessness is a serious problem across the state of Florida that needs to be addressed. The 2019 Home Matters report also revealed 921,928 very low-income Florida households which include hardworking seniors and people with disabilities pay more than 50 percent of their income for housing. Low wage jobs are prevalent in Florida's economy. In many occupations, workers do not earn enough to rent a modest apartment or buy their first home. When a household's rent or mortgage payments compete with other basic needs, such as food and healthcare, they are at risk of homelessness. The cause of homelessness is primarily poverty. However, there are other causes such as mental health, substance abuse, domestic violence, loss of employment, underemployment, and lack of affordable housing. Homelessness is a condition of being without a home, and while the issue is complex, the underlying solution is simple — housing combined with focused support services. In 2013, the CDC commenced a street outreach initiative that provides advocacy, case management, and interactive activities that created a supportive community to meet the basic needs of individuals identified through assessment as economically and socially disadvantaged, mentally disabled and/or homeless. We discovered a critical need for housing for the at -risk individuals we encountered through the outreach activity, especially women. Our outreach efforts revealed isolated underserved populations of women who receive limited services, and recognized that the provision of comprehensive services for women require a "safe haven" designed specifically for that population. Our efforts to secure adequate housing for the at -risk population were mostly unsuccessful, so in 2017 we acquired an abandoned 4 -unit building that we completely renovated and created a supportive housing program that provides housing and supportive services for individuals who are homeless or at risk of becoming homeless. We introduced the supportive housing component to create a holistic intervention approach to our outreach program to reduce homelessness among the target group and promote learning outcomes and job readiness that lead to maintaining healthy relationships and steady employment. We are aiming to expand the housing program component to increase our capacity and provide housing for twenty (20) individuals. To achieve that target, we will identify and purchase another distressed property that will provide additional supportive housing for at -risk individuals. Additionally, we anticipate that approximately 150 individuals will benefit from our street outreach activity. 12 Page 371 of 1207 Communities need to create local systems that has a goal to make homelessness rare, brief, and one time. Through our community outreach program, the CDC is addressing homelessness in Boynton Beach. Implementation Our supportive housing initiative provides much needed permanent supportive housing for chronically homeless, disabled, and special needs individuals. We presently offer accommodation for fourteen (14) individuals. We identify homeless men and women through our street outreach activities and provide housing as a transition to independent living. We offer positive support and reinforcement by providing self-care and social skills, vocation counseling and support, budgeting, social services, and other direct services that lead to maintaining independence. The program is and 8 -part intervention aimed at decreasing homelessness by assisting each resident with focusing on becoming a vital part of the community where they will both work and live. It brings together various techniques that have been proven to work. We introduced the supportive housing component to create a holistic intervention approach to our outreach program participants to reduce homelessness among the target group and promote learning outcomes and job readiness that lead to maintaining healthy relationships and steady employment. We are aiming to expand the housing program component to twenty (20) individuals during the activity period. Additionally, we anticipate that approximately 100 individuals will benefit from our street outreach activity. The activity will create supportive rental housing that will be made available to very- low/extremely-low income renter households with special needs. Because the shortage of housing is most acute for extremely -low income (ELI) renters, every supportive unit developed will be made available/set aside for ELI renters exclusively. (See Supportive Housing flyer and intake form in PDF below)) ..... �,.......y... . Supportive Housing intake forn The housing development activity in this request therefore, will at a minimum, produce twelve (12) "for sale" affordable housing units - seven (7) new homes and five (5) distressed properties and rental housing that will provide supportive housing for twenty (20) special needs individuals. The Project Manager is responsible for the implementation of the housing development activity and other housing related activities. (See Evidence of Site Control in PDF below) PUF Evidence of Site Control New Constr Homebu er Education Counselin 13 Page 372 of 1207 The majority of low and moderate -income families face long term impediments to homeownership. Most of them have very little knowledge of the home buying process and are vulnerable to being targeted by predatory lenders. Additionally, they lack homeownership and home buying education, financial understanding, education and discipline, and responsible financial behavior needed to improve the economic viability of their household. Homebuyers can be prevented from buying a home for a variety of reasons for a variety of reasons, such as high debt, insufficient cash for the down payment, a poor credit history, excessive debt, insufficient income, or interest rates that are too high. The third component of the "project" involves homebuyer education and counseling for first- time homebuyers. The programs' emphasis is on community education that trains participants on how to become successful homeowners, and addresses all aspects of homeownership. Homebuyer education and counseling are central to accomplishing the CDC's homeownership objective. We, at Boynton Beach CDC, understand that the first step to creating successful homeowners is education. Educated homeowners stay in their homes longer; they take pride in their properties and have one-third fewer foreclosures. The homebuyer education/counseling program provides training and guidance to prospective homebuyers free of charge is offered at no charge to participants. It contains the following interrelated components: 1. Pre -Purchase Counseling Provides intensive counselor -to -client (individual) guidance and support that is client - focused, addresses participants' unique financial circumstances and housing goals, and focuses on budgeting and overcoming credit issues. Individual counseling varies and depends on mortgage readiness. Clients meet with the housing counselor to explore homeownership opportunities, identify goals, and create individualized action plans to achieve their housing goal. If participants are not mortgage ready, intensive credit counseling is provided to remedy the problem. Individual pre -purchase counseling sometimes requires a great deal of time, sometimes up to 24 months, or for as long as needed. 2. Home Preservation New Activit Florida is among several states with housing markets that are vulnerable to the impact of the Coronavirus pandemic, according to an April 7, 2020, Attom Data Solutions report. The report states Florida is among states with the largest concentration of "most at -risk counties." According to the report, ten (10) counties in Florida are vulnerable to the economic impact of the Coronavirus. It further states that although it's "too early to tell how much effect the Coronavirus fallout will be, the impact is likely to be significant from county to county." The next few months will reveal how severe the impact will be Mr. Todd Teta, chief product officer with Attom Data Solutions, said. A March 30, 2020 Joint Center for Housing Studies (JCHS) report predicts the Coronavirus pandemic will worsen affordability issues for service, retail, and transportation workers. The report states that "while the full economic impact of COVID-19 is yet to be seen, early indications suggest that we are headed into a recession 14 Page 373 of 1207 that will affect workers who were already facing affordability challenges. Workers who are unable to do their jobs remotely have lost crucial wages as businesses close or reduce their operations to slow the spread of the virus". Anticipating the impact of the Coronavirus pandemic and its potential effect on the economy and job loss, our housing counseling activity will incorporate a home preservation component that will focus on keeping families in their homes, reducing delinquencies and foreclosures for homeowners impacted by the Coronavirus pandemic. The home preservation counseling activity will offer individual guidance to homeowners experiencing economic hardship to help them identify resources to minimize mortgage delinquency and foreclosure. We will offer individual counseling to homeowners experiencing job loss as a result of the pandemic, to help protect their home. The CDC believes that the best way to avoid foreclosures is to budget and plan for emergencies. Home preservation counseling will provide suggestions and ideas on how homeowners can prepare for and work through tough times. The Housing counselor will analyze each family's individual/unique situation, identify resources to address the situation, develop a plan to address their issues, and identify options to prevent mortgage delinquency and foreclosure. Individual counseling will include early delinquency intervention, guidance on money management, budgeting and handling family finances lender negotiations, and refinancing and foreclosure prevention strategies. Homeowners will learn what to do when they fall behind on their mortgage payments before notices begin to show up from lenders. The program will offer the following services to homeowners who are experiencing job loss due to the coronavirus and are at risk of delinquency: • Financial Counseling: The housing counselor will help homeowners create a budget that's based on their current financial situation and set priorities on expenditures. • Negotiation Services: Staff will initiate lender negotiation on behalf of the homeowner to secure a payment plan that the client can afford or a temporary forbearance plan that will halt payment for a specified period. • Refinance Services: When possible and if necessary, the housing counselor will help the owner find a new mortgage that fits their current budget to save their home. Boynton Beach CDC is committed to preserving homeownership and keeping families in their homes. The goal of the new activity is to provide homeowners effective alternatives to delinquency and home loss. The program is intended to prevent or reduce mortgage delinquency to persons affected by the COVD-19 virus, thereby decreasing and, to the extent possible, eliminating the possibility of foreclosure and home loss. 3. Homebuver Education The homebuyer education component provides essential training to prospective homebuyers in group in -class settings. It addresses homeownership topics such as the home -buying process, home maintenance, home preservation, budgeting, mortgage terms and products, the importance of good credit, and other home -buying related 15 Page 374 of 1207 subjects. All classes meet HUD requirements and are taught in-house by certified counseling educators. The group education class is a six (6) hour class. The primary goal is to prepare prospective homebuyers for homeownership. Upon completion, participants receive a Certificate of Completion. The objective of the homebuyer education/counseling program is to eliminate obstacles and empower buyers with information and knowledge to make the right choice in their home and mortgage selection process. Participants receive targeted counseling and education that not only help them qualify for a mortgage but also ensure they fully understand the home buying process and the responsibilities associated with homeownership. Every effort is made to ensure participants receive the training and education necessary to succeed as homeowners. The training empowers them with knowledge and information that help them make wise consumer choices, and avoid predatory mortgage products. Implementation We offer intensive training on all aspects of homeownership and the home -buying process to ensure buyers fully understand the home buying process and are fully equipped to undertake homeownership. Participants receive pre and post -purchase education and counseling in both group and individual setting in the following subject areas: • Credit, budgeting, and money management • Prescreening to assess credit, income, and employment to determine mortgage readiness a Understanding, building and maintaining good credit Mortgage products, terms, and services Initial mortgage pre -qualification Post -purchase counseling Homeownership maintenance and preservation Avoiding predatory lending Access to available down -payment assistance Participants' mortgage readiness depends on their credit and employment circumstances. If participants are not "mortgage —ready" because of credit issues, credit counseling is offered to assist with remedying the credit issues. Individual (one-on-one) credit counseling and guidance sometimes requires a great deal of time and is usually delivered over an extended period, sometimes for as long as twenty-four (24) months, or for as long as it's needed to rectify credit impediments. Upon entry into the program, each applicant's credit and financial position are assessed to determine their home buying potential, mortgage readiness, the counseling plan of action needed to attain homeownership, and the projected time -frame it will take. Within each client's file, documentation concerning contacts, date and time of contacts, appointments, contracts, counseling plan, and conversation log. Also, each file contains a cover sheet with the applicant's identifying information, a nine -digit file number if applicable, client number and the counselor's name, copy of client's credit report, activities conducted on behalf of the client, and outcomes or closing statement if a home is purchased. 16 Page 375 of 1207 Group counseling files are also maintained. Sign -in sheets that include participants' names address and phone numbers are maintained for each group activity. The date and place of group activity, topics covered, syllabus, counselor's name, and presenters name if applicable. A qualifying statement regarding clients' eligibility for home buying or a renter with a housing voucher is created and maintained for attendees in the group education that are not CDC clients. The CDC's Homebuyer education and counseling programs provides free pre -purchase and post- purchase education, homebuyer and homeowner counseling in group and one-on-one settings. The training helps households make wise consumer choices, overcome credit hurdles, and empower them with knowledge that builds confidence in their home buying decision. Staff works with program graduates and to ensure they purchase housing that compliments their budget and family needs and make informed decisions in the lender selection process that serves their best interest. To date, over 3,700 participants have benefited from the CDC's homebuyer education and counseling program, and more than 260 graduates have achieved the goal of homeownership as first-time home buyers. The housing counselor is responsible for the implementation of the homebuyer education, housing counseling, and housing preservation activities. (See CDC pre-screening application in PDF below) CDC Pre -Screening Application.pdf Homeownership/First-time Homebu er The CDC's first-time homebuyer program/activity is an extension of the homebuyer education and counseling program. The first time homebuyer program provides homeownership opportunities to "mortgage ready" buyers. Upon completion of the homebuyer training program, participants are ready to take the next step to homeownership. They receive information on CDC owned properties, and if interested, they are allowed to purchase a CDC owned home. Participants are not obligated to select a CDC owned unit. They are free to choose a home of their choice. Whatever the decision, we guide them through the home buying process until their home buying process is completed, and the homeownership goal is achieved. When a participant is ready to purchase if the CDC does not have an available home for sale, or if the buyer does not wish to purchase a CDC owned property, staff works with the buyer and provide any assistance necessary to enable and assist them in their home selection, mortgage approval, and closing process. The homebuyer counselor guides the buyer through the entire process until the buyer's housing goal is realized, and their purchase is completed. To date, more than 260 CDC participants have attained their goal of homeownership. 17 Page 376 of 1207 The Homebuyer Coordinator and Project Manager are responsible for the implementation of homeownership/first-time homebuyer activity. (See marketing materials in the attached PDF's) IEF CDC Flyer.pdf Marketing Material (2). pd f In summary, the project will provide affordable housing opportunities and other housing support services that include homebuyer education and counseling, first-time homebuyer opportunities, as well as supportive housing to homeless/special needs individuals. The first time homebuyer program provides homeownership opportunities to eligible buyers. The homebuyer education/counseling program's emphasis is on community education that trains participants on how to become successful homeowners. The supportive housing activity assists homeless individuals and/or persons will special needs and offer housing and support services as a transition to independent living. The CDC's programs/activities benefit individuals and families that qualify as very -low, low, and moderate -income. All units developed are sold or leased to income -eligible families and individuals. In particular, the supportive housing program benefit homeless individuals and or persons with special needs who are typically extremely low-income. Housing (See Housing Counseling Plan in the attached PDF) Counseling Plan.pd- Explain how this program fits with your mission Background/Overview Boynton Beach Faith Based Community Development Corporation (Boynton Beach CDC) is an experienced non-profit organization that was established in 1999 by a group of concerned residents who began holding meetings to develop ways to bring positive changes to the Heart of Boynton (HOB). This area was experiencing decay, neglect, slum, and blight. From these beginnings and with the assistance of the City of Boynton Beach and Local Initiatives Support Corporation (LISC), the organization has grown. Today, more than twenty (20) years later, Boynton Beach CDC is a recognized/Qualified Community -Based Development Organization and a leader in affordable housing development in the city. 18 Page 377 of 1207 One of the primary assignment of our mission is to address slum and blight and improve the deteriorating housing stock within the Heart of Boynton. The CDC, since inception, has worked relentlessly to address the housing neglect issue of the HOB. Remaining faithful to our mission, we create, sustain, and promote access to affordable housing for lower-income individuals and families in the HOB. The CDC's programs attempt to improve the deteriorating housing stock, and lack of affordable housing in the HOB by creating affordable housing that involves acquiring vacant land and distressed properties in the HOB, construction of new housing units on the vacant sites and renovation and sale or lease of the existing features the CDC purchase. The objective of our affordable housing efforts (new or existing) is the same — facilitate the creation of safe, decent, affordable housing units within the HOB redevelopment area. The project is targeted to low and moderate -income families/individuals and is designed to have a significant impact on the physical environment (elimination of slum and blight), as well as on the lives of its residents. (See the attached CDC flyer below) PLF CDC Flyer.pdf The Need for Affordable Housing The first and most fundamental need for affordable housing comes from the undisputable gap that exists between household incomes and the cost of acquiring or renting safe, decent, affordable housing. Even in communities with "moderate" housing cost, many residents struggle to find quality affordable housing if they work in low wage jobs or live on fixed incomes. A 2018 housing report by the Joint Center for Housing Studies (JCHS) and the American Community Survey (ACS), indicate there is a significant gap between the need for, and the supply of affordable housing in the United States. The size of the gap the report states, can best be summarized by the fact that "more than a third of U.S. households live in housing that exceeds their means". According to the report, one of the biggest barriers to economic stability for households in the United States is the severe shortage of affordable homes. A household is considered "severely cost burdened" if it spends more than 30 percent of its income on housing (rent or mortgage payments). According to a 2016 Economy Magazine article titled "America has an Affordable Housing Crisis", there is not a single state where a minimum wage employee working full time can reasonably afford a one -bedroom apartment at fair market rent (FMR). The report asserts no state has an adequate supply of homes affordable and available to its lowest -income residents. As a result, 11 million renters are severely cost burdened, paying more than half of their incomes for housing. The vast majority of them have extremely low incomes, and most are seniors, people with disabilities, or people in the low-wage labor force. With more than half their limited income going to keep a roof overtheir heads, they are forced to make impossible choices between paying for housing and buying groceries, seeing a doctor, or saving for college or a rainy day, the report says. 19 Page 378 of 1207 The affordable housing crisis is a multi -faceted ordeal". Demand for affordable housing is on the rise, but so is the cost of housing in metropolitan areas across the country. Yet wage growth is stagnant and low income jobs are limited according to data from the department of Housing and Urban Development (HUD) and the Bureau of Labor Statistics. A lack of inventory and skyrocketing real estate is making homeownership for the average first- time buyer a difficult task. Luxury high-end rental condos abound but are unaffordable to low, very -low and extremely -low income renter households. Rents are sky-high, and the supply of affordable rental units for low and very low-income renter households are inadequate. Households are scrambling to meet their rising housing cost. As housing becomes less affordable to the lowest -income people, homelessness increases in cities across the nation. "Today's modern phenomenon of homeless -shelters, "tent cities", and parking lots of RV's with hundreds of people including children -did not exist decades ago" when the US housed almost everyone, including the lowest -income and most vulnerable families. To the contrary, in the late 1970s, the country had a "modest surplus of affordable homes for the lowest -income people". The primary difference between then and now is federal/public investments. Federal budgets for housing assistance programs 50 years ago was nearly three times more than it is today despite the significant growth in the number of low-income renters eligible for housing assistance. Because of decades of funding cuts and budget caps, three out of four families eligible for housing assistance are denied any help. These families add their names to years -long, sometimes decades -long, waiting list, hoping to obtain housing assistance where only the "lucky" 25 percent get the help they so desperately need. A 2019 National Low Income Housing Coalition report reveal the vast majority of Americans (85%) believe that ensuring everyone has a safe, decent affordable place to live should be a "top national priority", 82 percent want elected leaders to address the housing affordability, 90 percent think more needs to be done to prevent homelessness, while 80 percent believe Congress should "take major action" to make housing more affordable for low-income people, thereby affirming the CDC's objective to create, sustain and increase, the permanent supply of safe, decent, affordable in the HOB. Housing.Afforclability in Florida A shortage of affordable housing exists nationwide, and Florida is no exception. The struggle to find affordable housing is acute among low-income households because low-income individuals outnumber the supply of low-cost units, and also because the shortage, or "affordability gap" is most severe among low-income persons. According to a 2016 Bureau of Labor Statistics report, in Florida, the minimum wage is $8.05 per hour. A full-time minimum -wage worker would have to earn $15.50 per hour to afford a one - bedroom apartment at fair market rent, and they would have to earn $19.35 per hour to afford a two-bedroom unit. 20 Page 379 of 1207 A 2015 Florida Housing Coalition report revealed Florida has an acute affordable housing crisis. The report states: Thirty-six percent (36%) of Florida households pay more than 30 percent of their income for housing ■ More than 910,000 families spend at least 50 percent of their income on rent or mortgage payments". Florida has the "third largest homeless population in the nation with 32,190 people living in homeless shelters and on the streets. This includes 2,817 veterans and 9,422 people in families with at least one child. Low-wage jobs are prevalent in Florida's economy. In many occupations, workers do not earn enough to rent a modest apartment or buy their first home. ■ The health, safety, and welfare of Floridians and the strength of Florida's overall economy hinges on an adequate supply of affordable housing for Florida's working families, elders, and people with disabilities living on fixed incomes. ■ A critical shortage of affordable rental housing for extremely low-income households is the root cause of homelessness. Florida's affordable housing crisis intensifies the problem of homelessness in the state, the 2015 report reveals. With an inadequate supply of housing, many hardworking people are struggling to pay for a place to live. According to the report, there is only one affordable rental unit available for every five extremely low-income (ELI) Florida households with incomes at or below 30 percent of the Area Median Income (AMI). And when considering transportation and housing costs together, "Florida's largest metro areas are less affordable than New York and San Francisco metro areas". A Florida resident who works 40 hours a week, 52 weeks per year, would need to earn $19.39 per hour to afford a 2 -bedroom apartment at Fair Market Rent (FMR). Minimum wage earners must work 56 hours a week to pay for a 2 -bedroom at FMR as per the report. A March 2018 report published by the National Low Income Housing Coalition, showed "Florida has an extreme scarcity of affordable housing and is among the states with the greatest percentage of low income households with "severe housing cost burden". Orlando/Kissimmee, FL is among the fifty largest metropolitan areas in the United States where low income renters face the most severe shortages. The report states that for extremely low income (ELI) households, only 22 units of affordable rental housing are available for every 100 ELI households. It estimates that there is an affordable housing shortage deficit in Florida of 392 474 units. The same study disclosed that although the South Florida region has seen strong job growth, the Miami -Fort -Lauderdale -West Palm Beach metro area ranked tenth from the bottom in the supply of affordable housing for extremely low-income residents. Another 2018 National Association of Realtors report ranked Florida as the nation's sixth -least affordable housing market. A March 2019 report published by the National Low Income Housing Coalition declares the "affordable housing crisis continues". It states the US is in the "grips of a severe and pervasive housing affordability crisis". Nationally, there is a shortage of 7 million homes affordable and available to the lowest -income renters. Rents have risen faster than renter's income over the last two decades, and while more people are renting than ever, "the supply of housing has lagged", the report states. 21 Page 380 of 1207 One of the challenges faced by the present housing market is a persistent lack of inventory of homes especially affordable homes for sale and rent. The most recent data on existing home sales from the National Association of Realtors show that for more than 48 months we've been in a seller's market — a market in which there is less than 6 months' supply of homes listed for sale. With fewer homes available for sale, new listings are almost immediately snatched up, with high competition among buyers pushing prices out of reach of a growing number of would-be homebuyers' especially would-be low-income homebuyers. The limited supply of available homes is contributing to the escalating prices. Making it harder for first-time and low-income buyers seeking an entry-level home to find a home they can afford. The housing shortage for both the rental and buyer's market has caused both rents and homes prices to appreciate rapidly. Additionally, the March 30, 2020 Joint Center for Housing Studies (JCHS) report states "While the full economic impact of COVID-19 is yet to be seen, early indications suggest that we are headed into a recession that will affect workers who were already facing affordability challenges". Workers who are unable to do their jobs remotely have lost significant wages as businesses close or reduce their operations to slow the spread of the virus. According to the JCHS analysis, about 13 million households rely on at -risk jobs for all of their wages. Even before losing work, these households were more likely to be cost -burdened than those relying on income from other industries. This means the impending recession could be most detrimental for households already struggling with high housing costs. The Urban Institute also notes that services spending tends to increase as a share of expenditures during a typical recession, but this recession will likely be different as service industries are expected to be most heavily affected by the downturn. The closure of restaurants and bars will contribute to slow spending in these sectors while closed shops will also hit the retail industry. The mass cancellation of travel adds to the list of industries that will be affected, contributing to what will likely be characterized as a services recession. Indeed, analysis from Moody's Analytics projects that jobs in transportation and travel and leisure and hospitality are at risk as well as jobs in oil drilling and extraction. The project's housing development activity will address the affordable housing supply issue by producing 12 units of single family "for sale" housing Q new and 5 existing), and supportive rental housing for approximately twenty (20) special needs individuals that will help alleviate housing cost -burdens for low-income and very-low/extremely-low income households. How will it impact your current operation? As a Community Based Development Organization (CBDO), Boynton Beach CDC is qualified to undertake community revitalization activities. As such, Boynton Beach CDC remain actively involved and engaged in redevelopment activities of the HOB. The project is a continuation of the CDC's affordable housing development and homebuyer education/counseling activities, and aim to improve and revitalize the target community. Our activities will continue to: Revitalize and stabilize neighborhoods in the targeted areas 22 Page 381 of 1207 improve the quality and condition of housing stock and provide housing for lower - wage individuals/families Increase clients' ability to secure and maintain economic independence through homeownership ■ Provide homebuyer education and counseling to individuals desirous of becoming homeowners a Reduce barriers that impact participants' ability to establish and maintain permanent affordable housing ■ Promote access and retention of affordable housing among low income individuals and families Increase a clients' ability to become successful homeowners and reduce the likelihood of future mortgage delinquencies through client -focused education and counseling Provide supportive housing opportunities for special needs individuals Boynton Beach CDC affordable housing project goals are follows: How does this program relate to the Consolidated Plan Priority? The activities as described in the project will benefit low and moderate -income families and individuals. The objective of the project is to create, sustain and increase the permanent supply of affordable housing for very-low/extremely-low, low, and moderate income households in the following manner:.. New housing construction will develop/build seven (7) new housing units on vacant lots Depending on availability, purchase, renovate and sell five (5) distressed properties to help eliminate blight • Provide supportive housing opportunities for special needs individuals • Provide homebuyer education and counseling to individuals desirous of becoming homeowners. The project will not only create new housing units via the new home construction activity, but also preserve the existing housing stock by acquiring distressed properties, as well as address the needs of homeless/at risk individuals through the supportive housing program. Does this program serve a targeted neighborhood, who is the targeted population (at least 70% of the City's CDBG funds must directly benefit our low and moderate -income citizens)? Target Geographic Area The project is located within the Heart of Boynton (HOB) redevelopment area at large, primarily Census Tract 61.00. The tract is located in the Northeast sector of the City. There are thirteen neighborhoods located within this tract. Poinciana Heights, where our "new housing' efforts will be focused, is one of the thirteen communities. The "acquisition" activity will take place in the area -wide HOB target community. 23 Page 382 of 1207 The Model Block neighborhood is not presently appealing because of the dilapidated nature of existing structures and the low percentage of homeowners. We view this not as a challenge, but instead as an opportunity to leverage public and private resources to improve the characteristics and economic base of the community. Doing so will enhance the Carolyn Sims Center as well as Poinciana Elementary Magnet School. We are committed to investing resources in the community and will continue our collaborative efforts with the City to develop and deliver new housing opportunities for first-time buyers. The transformation of that neighborhood commenced in 2016/17. Seven (7) new homes were recently built and sold in the community. The second phase of the development (Model Block Phase II) will involve construction of ten (10) additional home. The CDC will build 5 units and Habitat will build 5 units. Upon completing 10 additional homes, the homeownership rate in that community will increase dramatically. We believe the addition of seventeen (17) new homes in the Model Block community (9 CDC built and 8 Habitat built homes), will transform the neighborhood into a vibrant thriving community. Our efforts will not end once the project is completed. We will continue our efforts to build additional homes and will solicit land donations from the City to continue our revitalization efforts in the neighborhood. The goal is to attract working individuals and families back to the neighborhood in an effort to stabilize and rebuild the economic base of the community. Household Income, The project's target income group is low and moderate income households in the Model Block community of Poinciana Gardens. Poinciana Gardens is located in Census tract 61.00 - one of four census tracts with the lowest income in the City. According to 2016 US Census data (the most recent data) available for Tract 61.00, the median family income for Tract 61.00 in 2015 was $33,564, and 31.96 percent live below the poverty line. The population is4,046,the minority population is2,908 (71.87 %), and 2,501(61%) are black households. There are 1,985 housing units, 728 units (36%) are owner occupied, 765 units (38%) are renter occupied, and 492 units (24%) are vacant. Housin Affordabilit Housing affordability remains a serious problem in the HOB. The American Community Survey estimates indicate that about 49% of owner households in the HOB area spend 30% or more of their income on housing, as compared to the 40.9% of owners city-wide. As for those who rent, the data indicates a significantly worse situation. For 82% of renter households, gross rent constitutes 30% or more of income, and more than half spend 50% or more of income on housing. When housing cost exceed thirty percent of household income the household is cost -burdened. Under the economic law of supply and demand, one obvious answer to address the crisis of housing cost -burden experienced by low income households is to expand the supply of affordable housing for that income groups. Affordable housing programs address the housing needs of primarily low, very -low and moderate income households, whose incomes are not enough to cover their housing costs. Boynton Beach CDC is attempting to address this crisis by expanding the supply of affordable housing available to low income households in Boynton Beach. This 24 Page 383 of 1207 funding request is in support of accomplishing that goal- to develop affordable housing units that addresses the needs of low income households. Mortp,ap,e Market Conditions Although the homeownership rate has rebounded in recent years, it remains well below the high it reached before the foreclosure crisis. As of the second quarter of 2018, 64.3% of households owned their home, as opposed to 69.2% back in the fourth quarter of 2004, when real estate bubbles were forming in California, Florida, and other areas that were later devastated by the housing crisis. Matters are even worse for black, Hispanic, and low-income Americans, though. Today fewer than half of black households (41.6%) and Hispanic households (46.6%) are homeowners, while just over half of households whose income is less than the national median family income own where they live (50.2%). While still relatively low, interest rates are rising, and while the mortgage qualification requirements are more restrictive as a result of the foreclosure crisis, buyers must meet the minimum credit requirements to obtain mortgage approval. After taking record losses during the mortgage crisis, lenders now face a greater risk of having to buy back loans should buyers default. As a result, first-time buyers and lower -wage buyers are encountering more restrictive credit requirements making credit less available and accessible. Code Enforcement Code Enforcement efforts in this census tract are very aggressive due to the socioeconomic condition circumstances of the residents. There are many substandard houses in need of repair, numerous abandoned vehicles, and unkempt lawns. Housing rehabilitation assistance is available to low/mod income residents utilizing CDBG funding. Owner households need financial support for exterior repairs of their homes. City Involvement in the Heart of Boynton The City has played a vital role in the activities of "The Heart of Boynton" by funding non -profits working within this area. City staff, along with the CRA, has funded housing rehabilitation programs and provided subsidies for first-time homebuyers purchasing in the area. The CRA funded a community policing activity in an effort to curtail crime within the area. The CRA also facilitates community meetings for informational purposes to area residents. In 2007, the City completed the renovation of the city's only public swimming pool, the Carolyn Sims Center, and Wilson Park with local and state funds in the amount of $8,900,000. Will Program Income be generated from this activity? Yes. Income will be generated upon the sale of the units built or acquired and rehabilitated, or rental income for leased properties. Units are sold or rented at a discounted price to maintain affordability. When needed, the CDC provides development subsidy in the form of a zero - interest forgivable mortgage to preserve/support affordability. Where will the Program take place? 25 Page 384 of 1207 The program will take place in the Heart of Boynton redevelopment area at large. More specifically, the activities will take place as follows: The proposed"new housing" development activity is located in the HOB with special emphasis in the City's designated "Model Block" redevelopment area of Poinciana Gardens. The "acquisition" activity will take place in the area -wide HOB target community. Seven (7) new homes are proposed and all will be built in census 61.00. Five (5) homes will be built at NW 11th Ave (Model Block Phase II, and two (2) at NE 12th Ave (See Lot Details in PDF below) PDF „ Evidence of Site Control New Constr The acquisition activity will be undertaken within the HOB redevelopment area at la rge. Supportive housing activities will take place within census 61.00 & 67.0. Property address: 1507 NE 16th Court & 550 NW 12th Ave (See PDF below for evidence of Supportive Housing Site Control) PPF Site Control - Supportive Housing Homebuyer education and counseling will be conducted at the CDC's office — 2191 N Seacrest Blvd. Are you working with other organizations in a cooperative effort on the program? No. Although Habitat of South Palm Beach County will be building 5 of the 10 new homes in phase II of the Model Block development, each entity's development activity will be conducted independently. Goals/Objectives/Activity Measures: 26 Page 385 of 1207 Goal: Goal: Provide homebuyer education and counseling to not less than one hundred fifty 150 unduplicated participants desirous of becoming homeowners Objective #1— Assist participants overcome credit issues and other barriers to home ownership, create mortgage ready homebuyers, and groom them for successful home buying and home ownership experience. Objective #2 — Assist not less than ten (10) participants achieve homeownership Objective #3 — Create homeownership opportunities for graduates of the home buyer education and counseling program Goal: Provide for the creation of new affordable housing, support the preservation of the existing housing stock, and establish supportive housing opportunities for special needs individuals in the Heart of Boynton (HOB) redevelopment area Objective #1— Create/produce new affordable housing opportunities for eligible low, very -low and moderate income households Objective #2: • Complete construction of seven (7) "new" single family housing units to complete Phase II of the Model Block project • Depending on availability and economic practically, acquire, renovate and sell five (5) distressed/abandoned properties. E. PROJECT BUDGET Please list applicant's anticipated expenditures, detailing requested funds and applicant's matchingfunds. Please place C=Cash, S=Sweat Equity, O=Other Grants, D=Donations beside each amount under "Applicant's Match" to denote the type of match being used. _......... Line Item CD Funds Applicant's _....�.......... .... Other Total Project Requested Match Project Budget Funds ADMINISTRATION: Personnel (# ) ............�....��.m�,�.._,,. $91,500 _ $86,000 (C) $7,500(0) $185,000 .� .. Payroll 6,800 Payroll Taxes 7,353(C) 14,153 PAN Page 386 of 1207 Employee Benefits (Health Ins.) 8,400 9,100 (C) 17,500 Office Supplies3,500 ...... (C) 3,500 Copy Supplies - 2,725 (C) 2,725 Postage 1,000 (C) 1,000 Telephone 5,260 (C) 5,260 Promotional 1,200 (C) 1,200 Professional Services 22,000 8,700 (C) 30,700 Vehicle Fuel/Mileage - 3,000 (C) 3,000 Other: (Liability Ins, landscaping.............._....��..��_.��_ & Bldg. Maintenance, etc.)57,500 � �...�.... ..�.......................... ..................� (C) �..��.............��..��.................��.._�..._.........��..�...12,00�0��..... 57,500 Other: (In -Kind) .._................. PROGRAM: .... .... ........................�. Acquisition/Rehab ��..� 1,170, () ....�_w__..�.. .............. ..... 1,.1.7..._0,. 400 Construction (New Housing) 1,999,072 (C) 1,999,072 Rehabilitation Installation Other: (In -Kind) TOTALS $128,700 $3,354,810 $7,500 $3,503,010 F. APPLICANT INFORMATION: (Provide a brief description of each) Capacity of Organization Since inception, Boynton Beach CDC have been actively involved in the redevelopment efforts of the heart of Boynton (HOB) and, has an established partnership with the City and CRA to address the dilapidated housing stock and lack of affordable housing in the HOB residents and to implement a coordinated, locally -focused affordable housing development program that addressed the housing needs of HOB residents. To accomplish that task, the CDC also developed partnerships/relationships with various for- profit and nonprofit housing development agencies, mortgage lenders, local housing authorities, builders/developers, Real Estate agencies, County government, and other housing and service organizations to leverage various sources of funding including private loans, Community Development Block Grant (CDBG), State Housing Initiative Partnership (SHIP) funds, Community Redevelopment Agency and the City's funds to successfully develop affordable housing units for income challenged buyers; provided financial counseling and financing mechanisms that created more than 260 first time homeowners; homebuyer education and counseling to more than 3,700 unduplicated participants; and developed (built or purchased/rehabilitated) more than eighty (80) affordable housing units. Program participants are low wage individuals with incomes that range from extremely -low income to moderate -income. 28 Page 387 of 1207 Demonstrated Capacity in Affordable Housing Development As the premier affordable housing developer in the City, over the years, we have developed long-standing partnerships with various nonprofit housing development agencies, mortgage lenders, local housing authorities, builders/developers, Real Estate agencies, municipalities, County governments, and other housing and service organizations to deliver affordable housing opportunities to low-income families successfully. Boynton Beach CDC has been actively involved in the creation of homeownership opportunities for hundreds of low/mod-income families and has leveraged various funding sources including private loans, Community Development Block Grant (CDBG), State Housing Initiative Partnership (SHIP) funds, and City and CRA funding to develop housing opportunities for lower -wage individuals and families successfully. When needed, we have also provided secondary financing to ensure affordability for eligible buyers, as well as housing rehabilitation eligible homeowners. Our most recent housing development accomplishments are: Since 2011, with the City's support, our housing development efforts created/produced sixty-two (62) affordable housing units that were disposed in the following manner: Built/constructed and sold sixteen (16) new single family homes Purchased 46 distressed/REO properties. ✓ Renovated and sold - 40 units ✓ Demolition and rebuild - 2 units ✓ Renovated and lease — 3 units ✓ Created Supportive Housing —1 unit ✓ Purchased and renovated a four -unit abandoned/blighted structure that provides supportive housing for at -risk individuals (See PDF of before and after photos of demo/rebuilt homes below) 'I'�""". pSFl,Y, 0 C4 Demo Rebuild.pdf In early 2019, the City completed the transfer of five (5) lots to the CDC to complete Phase II of the Model Block redevelopment project. We have completed all predevelopment activities on the sites, and anticipate construction will commence shortly. The City/CRA's support is essential to our continued success in preserving and creating housing opportunities for low/moderate- incomes residents of Boynton Beach. (See PDF of recently built homes below) ,;Qp POF 0 C7 Newly Built Homes.pdf W Page 388 of 1207 Mission Statement Our Mission: To develop sustainable communities through services and resources that include homeownership opportunities, real estate development, financial education, and youth empowerment. The objective is to empower community residents to bring about the spiritual and economic revitalization of their community. Prior Experience Throughout Boynton Beach CDC's existence, the condition and availability of housing for low and moderate -income households have been and remains a top priority. The CDC has been involved in creating affordable housing that benefits low/moderate-income families since it was created. Our affordable housing activity consists of the construction of new homes, acquisition and renovation of distressed properties, and housing support services in the form of intensive homebuyer education and counseling. In 2018, the CDC added a new housing activity that supports the housing needs of individuals with "special needs." Since 2011 with City support and utilizing a $1 million credit line, Boynton Beach CDC created sixty-two affordable housing units. Sixteen (16) were "new" single-family homes, and forty-six (46) were acquisitions of foreclosed/distressed properties. The new homes were built on city - donated lots donated or CDC owned vacant lots. (See Recently Developed Properties Listing in PDF below). von Recently Developed Property Listing Revi The City conveyed the lots as incentives to buy down the cost of producing affordable housing. The sale of all homes (new and existing) are completed. Of the 44 existing properties purchased, two (2) properties provides supportive housing for at -risk individuals, two (2) are rented to eligible ve�-low-income individuals/families, and forty (40) have been fully rehabilitated and sold. All "for sale" units developed are first made available to participants of our homebuyer education and counseling program. However, participants are under no obligation to purchase or rent a CDC owned property. They are free to find a home on their own, but if they wish to buy or lease a CDC owned property, they are given priority. If program participants are not interested or unable to purchase a CDC owned property, the homes are advertised on the open market. Purchase Plans: The CDC intends to continue purchasing homes requiring rehabilitation at a discount that will be fully repaired and sold to eligible buyers. The home purchase activity will continue as long as funding remains available, and the purchase of distressed homes is financially practical. The 30 Page 389 of 1207 CDC will also pursue the acquisition of a multi -family property to provide additional rental housing for very -low and extremely -low income at -risk individuals. Our housing development activity provides an array of housing opportunities for low and moderate -income residents. The primary objective is to enable every family/individual desirous of becoming a homeowner to attain that goal. This objective is accomplished through the construction of new housing units and/or the acquisition of existing distressed units that produce homeownership and/or rental housing opportunities for area residents. The "project" primarily involves the creation of new housing units (new and existing) as well as homebuyer education and counseling that prepares prospective buyers for homeownership. The CDC is proposing to add a new activity that involves home preservation counseling. This new activity will offer individual counseling to homeowners experiencing job loss as a result of the pandemic, to help protect their home To date, the CDC's housing development efforts have produced more than one hundred (100) affordable housing units (62 units since 2011); assisted over 260 participants accomplish the home ownership goals; provided homebuyer education and counseling to more than 3,700 participants; and delivered supportive services to 60 special needs individuals. Desired Outcomes Upon completion, the project will produce: Seven (7) "new" single-family housing units ■ Depending on availability and financial feasibility, acquire, renovate and sell five (5) distressed properties to reduce blight ■ Provide homebuyer education and counseling to a minimum of 150 unduplicated individuals ■ Provide housing and support services to at least 20 at -risk individuals (supportive housing) ■ Provide home preservation counseling to existing homeowners that are experiencing job loss or/or economic difficulties as a result of the Coronavirus pandemic. Performance Measures: Boynton Beach CDC will measure its success by tracking results associated with the number of new housing units built and sold to eligible homebuyers; the number of distressed properties purchased, renovated and sold, the number of special needs individuals assisted, and completing one acquisition and renovation or demolition of a blighted structure. These measures will assist in demonstrating how the program has improved the physical character of the target area through the reduction of blight and abandonment as well as its positive impact on the economic stability of the neighborhoods. (See budget documents in the attachment below) J,±✓ II.L Final Budgets.xls Agency's Budget (Worksheet #1) Combined Housing Dev. Budget (Worksheet # 4) Operating Budget (Worksheet # 2) New Construction Budget (Worksheet # 3) 31 Page 390 of 1207 APPLICANT INFORMATION (cont.) Staffing Boynton Beach CDC has a staff of four, which includes an executive director, project director, homebuyer counselor, and clerical staff. The administrative staff position is presently vacant but will be filled during the activity period due to the anticipated work increase the home preservation activity will create. Currently, the "street outreach" program is facilitated with the help of volunteers. (See Staff List in PDF Below) , P� Staff Ust.pdf Reporting Capabilities (include sample copy of form(s) used to capture client demographics, services provided, etc.) Do financial statements break down income and expenses by programs to follow revenue and disbursements? Is an Audit performed annually? Homebuyer Education Program Upon entry into the program, a client file is created for each applicant. Within each client's file, documentation concerning contracts, appointments, contacts, date and time of communications, elapsed time, individual counseling plan, and a summary of the purpose and discussion is maintained. Additionally, each file contains an information cover sheet that includes the client's name, FHA case number if applicable, client ID number, and the counselor's name. The file also contains a copy of the client's credit report, a summary of background information and qualifications for program participation, activities conducted on behalf of the client, and outcomes or closing statement if a home is purchased. Group counseling files are also maintained. Sign -in sheets that include participants' names address and phone numbers are required and retained for each group activity. Other group activity information that is maintained includes time, date and place of group activity, topics covered, syllabus, counselor's name, and presenter's name if applicable. A qualifying statement regarding clients' eligibility for home buying or as a renter with a housing voucher is created and maintained for attendees who only participate in the group counseling activity that are not CDC clients. Homeownership/First-time Homebuyer The CDC's first-time homebuyer program is an extension of the homebuyer education and counseling program. Upon completion of the homebuyer training program, participants are ready to take the next step to homeownership. They receive information on CDC owned properties, and if interested, they are given an opportunity to purchase a CDC owned home. Participants are not obligated to buy a CDC owned unit. They are free to choose a home of their choice. Whatever the decision, we guide them through the home buying process until their purchase is completed. ON Page 391 of 1207 The Homebuyer Coordinator/Housing Counselor is responsible for the implementation of the homebuyer education activity and other housing related activities. Surmortive Housing Program Our supportive housing initiative is a relatively new activity that will provides much needed permanent housing units for chronically homeless, disabled and special needs individuals. We discovered through our street outreach activity, underserved populations of women who receive limited services and recognize that the provision of comprehensive services require a safe shelter explicitly designed for this population. Our supportive housing program initially only provided housing for male clients. We purchased and renovated a distressed/REO property in late 2018 for the specific purpose of creating supportive housing for at -risk females. That activity now provides accommodation for both male and female at -risk individuals at two different locations. We will identify homeless women though our street outreach activities and offer housing as a transition to independent living, with positive support and reinforcement by providing self-care and social skills, vocation counseling and support, budgeting, social services, and other direct services that lead to maintaining independence. The program is an 8 -part intervention aimed at decreasing homelessness by assisting each resident with focusing on becoming a vital part of the community where they will both work and live. (See Supportive Housing documents below) R � u8dh� Ir PGF Su pportive Housing Program FI ^wa. PGF Supportive Housing Intake Forr Governing Body Profile (Does Board membership reflect the community as regards ethnicity, gender and representative of the population served? Yes Is Board Orientation conducted for new members? Yes How often does the Board meet? Monthly (include Board Member list) (See Board Member List in PDF below) Uu PGF Board Member List.pdf 33 Page 392 of 1207 G. Conflict of Interest Federal law (24 CFR 570.611) prohibits persons who exercise or who have exercised any functions or responsibilities with respect to the above grant ... or who are in a position to participate in a decision making process or to gain inside information with regard to such activities, may obtain a financial interest or benefit from an assisted activity...either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 1. Is there any member of the applicant's staff, member of the applicant's Board of Directors, or office who currently is or has/have been within one year of the date of this application a City employee, or a member of the City Commission? Yes X No If yes, please list names: N/A 2. Is there any member of the applicant's staff, member(s) of the Board of Directors, or officer(s) who are business partners or immediate family of a City employee, or a member of the City Commission? Yes If yes, please list names: NLA *: lr.7 3. Will the funds requested by the applicant be used to pay the salaries of any of the applicant's staff or award a subcontract to any individual who is or has been within one year of the date of this application a City employee, or a member of the City Commission? Yes X No If yes, please list names: N/A The applicant certifies to the best of his/her knowledge and belief that the data in this application is true and correct and that the filing of the application has been duly authorized by the governing body of the applicant (if applicable) and that the applicant will comply with all the requirements of this grant if the application is approved. Name: KeturahJose-h Signature: �64q,, Title: Executive Director Date: 4Z2OZZM Name: ________ Signature: Title: Date: 34 Page 393 of 1207 INTERNAL REVENUE SERVICE P. 0. BOX 2508 CINCINNATI, OH 45201 Date: WN U 0 2094 BOYNTON BEACH FAITH BASED COMMUNITY DEV CORP PO BOX 337 BOYNTON BEACH, FL 33425-0000 Dear Applicant: o DEPARTMENT OF THE TREASURY Employer Identification Number: 65-0971509 DLN: 11b53073775004 Contact Person: SANDRA MAK ID# 95023 Contact Telephone Number: (877) 829-5500 Public Charity Status: 170 (b) (1) (A) (vi) Our letter dated October 2000, stated you would be exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code, and you would be treated as a public charity, rather than as a private foundation, during an advance ruling period. Based on the information you submitted, you are classified as a public charity under the Code section listed in the heading of this letter. Since your exempt status was not under consideration, you continue to be classified as an organization exempt from Federal- income tax under section 501(e)(3) of the Code. Publication 557, Tax -Exempt Status for Your Organization, provides detailed information about your rights and responsibilities as an exempt organization. You may request a copy by calling the toll-free number for forms, (800) 829-3676. Information is also available on our Internet web Site at www.irs.gov. If you have general questions about exempt organizations, please call our toll-free number shown in the heading between 8:00 a.m. - 6:30 p.m. Eastern time. Please keep this letter in your permanent records. Sincerely yours, Lois G!�Lerner Director, Exempt Organizations Rulings and Agreements Letter 1050 (DO/CG) Page 394 of 1207 �. Delmillieut of the TreasulY r� a1 IRS Infernal Hovenue Sol -vice P;, 0. Sox 2508 Cincinnati OH 45201 420 BOYNTON BEACH DEV CORP COURTNEY C PO BOX 337 BOYNTON BEACH FAITH BASED COMMUNITY CAIN FL 33425-0337 In reply refer to: 0248574153 Apr. 13, 2011 LTR 4168C EO 65-0971509 000000 00 00017038 BODCt TE Employer identification Numbert 65-0971509 Person to Contact: MS. JOCKERS Toll Free Telephone Number: 1-877-829-5500 Dear TAXPAYER: This is in response to your Apr. 04, 2011, request for information regarding your tax-exempt status. Our records indicate that you were recognized as exempt under section 501(c)(3) of the Internal Revenue Code in a determination letter issued in OCTOBER 2000. Our records also indicate that you are not a private foundation within the meaning of section 509(a) of the Code because you are described in section(s) 509(x)(1) and 170(b)(1)(A)(vi). Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. Please refer to our website www.irs.gov/eo for information regarding filing requirements. Specifically, section 6033(j) of the Code provides that failure to file an annual information return for three consecutive years results in revocation of tax-exempt status as of the filing due date of the third return for organizations required to file. We will publish a list of organizations whose tax-exempt status was revoked under section 6033(j) of the Code on our website beginning in early 2011. Page 395 of 1207 0248574153 Apr. 13, 2011 LTR 4168C EO 65-0971509 000000 00 00017039 BOYNTON BEACH FAITH BASED COMMU14ITY DEV CORP COURTNEY C CAIN PO BOX 337 BOYNTON BEACH FL 33425-0337 If you have any questions, please call us at the telephone number shown in the heading of this letter. Sincerely yours, S. A. Martin, Operations Manager Accounts Management Operations Page 396 of 1207 z O a O a oc O F Z W a O J W W z C� GC G O V Q W Ln a m H R LL V a W m z O Z m Z O ca G O LL Z LL LL a N W Y ca w W m LU G oc 0 m LL N O W W Z a H F m W d W LLCC O U a 41 a1•� C 4J ? l7 -O a) f�0 7 -a W -p i aJ f�6 7 W "p LJ w OC Vf a, N f0 " m C LL U U Z E p � ' LJ ai OC Q Z i 41 aJ N N f6 u m C IL V) U_ aJ N = c I..L a a Q w m Q Z (U a) U Z n m N L U "O C7 N 0 0 W O a n z z z w z z zLU } W Z O N ON N ON N N ON N N N N N ON F- \ \ N \r14 O O rq O C14\ O W OC r -I 0\0 `� r -IO O rn C14 C14 N to l0 I� Wx LL O Z L i L L U1 N w N N COC G a ? A � } } >- A ai �c 0 Z W m r�I 0) � 00 � Ln m 9- m W J Qj C wa' L O p Z E V) aJ ` E E E E m L aj 2 2 v coo coo In- cn U O N N O a o m ro a o 0 a 0 0 m Q m m co o m m m in X O m W a) � N p t W fa U Y m O O LO 0 m p a p L m O a1 0 N 0 E N C L > c c W a% +� W L O N U 2 d 2 O 0 r t U co +_+ 2 ZN L v m L m cfl L i d m N aJ E 3 U ai L CUD C p a) 3 W O O 4 — E L w V 2 = Y U a 1 — L—L—� Page 397 of 1207 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT FINANCIAL STATEMENTS DECEMBER 31, 2018 Page 398 of 1207 TABLE_OFmm CONTENTS PAGE Independent Auditor's Report 1-2 Statement of Financial Position 3 Statement of Activities 4 Statement of Functional Expenses Statement of Cash Flows 6 Notes to the Financial Statements 7-10 Independent Auditor's Report On Internal Control Over Financial Reporting and On Compliance and Other Matters Based On An Audit Of Financial 11-12 Statements Performed In Accordance With Government Auditing Standards Page 399 of 1207 WW William Washington Certified Public Accountant INDEPENDENT AUDITOR'S REPORT To the Board of Directors Boynton Beach Faith Based Community Development Corp Report on the Financial Statements P0.Box 10515 Riviera Beach, Florida 33419 Phone: (561) 703-5197 E-mail: billwashjr@oomcast.net I have audited the accompanying financial statements of Boynton Beach Faith Based Community Development Corp (" CDC" ) (a nonprofit organization), which comprise the statement of financial position as of December 31, 2018, and the related statements of activities, functional expenses and cash flows for the year then ended, and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that I plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, I express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my audit opinion. Page 400 of 1207 Opinion In my opinion, the financial statements referred to above present fairly, in all material respects, the financial position of CDC as of December 31, 2018, and the changes in its net assets and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, I have also issued my report dated August 20, 2019, on my consideration of CDC's internal control over financial reporting and on my tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of my testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering CDC's internal control over financial reporting and compliance. WMarrt W46A&Wtoit, ifc%# West Palm Beach, FL August 20, 2019 2 Page 401 of 1207 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION STATEMENT OF FINANCIAL POSITION DECEMBER 31, 2018 Without Donor ASSETS Restrictions Cash $ 561,242 Real estate held for sale 921,276 Grant receivable 39,077 Mortgage receivable 389,738 Total Assets $ 1,911,333 LIABILITIES Note payable $ 218,000 Accrued liabilities 5,226 Total liabilities 223,226 NET ASSETS Unrestricted 1,688,107 Total net assets 1,688,107 Total Liabilities and Net Assets $ 1,911,333 See accompanying notes to financial statements. 3 Page 402 of 1207 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION STATEMENT OF ACTIVITIES FOR THE YEAR ENDED DECEMBER 31, 2018 REVENUES AND CONTRIBUTIONS Grants from Government Agencies Rental income Net realized gain on real estate Total Without Donor Restrictions $ 108,128 26,568 231,833 366,529 TOTAL REVENUES AND CONTRIBUTIONS 366,529 Expenses Program Services 178,865 Supporting Services 135,212 Total Expenses 314,077 Change in Net Assets 52,452 Net Assets, Beginning of Year 1,635,655 Net Assets, End of Year $ 1,688,107 See accompanying notes to the financial statements. 4 Page 403 of 1207 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION STATEMENT OF CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 2018 Without Donor OPERATING ACTIVITIES: Restrictions Change in Net Assets $ 52,452 Adjustment to Reconcile Increase in Net Assets to Net Cash Provided by ( Used in ) Operating Activities: Changes in Operating Assets and Liabilities: Mortgage Receivables 15,000 Real Estate Held for Sale 139,391 Grant Receivables 4,712 Other 1,894 Accrued Expenses 4,226 Net Cash Provided by ( Used in ) Operating Activities 217,675 FINANCING ACTIVITIES: Note payable 611,656 payableNote payments Net Ca hPro in ded (Used in ) Financing Activities J5q,0 Increase ( Decrease) in Cash 167,649 Cash at Beginning of Year 393,593 Cash at End of Year $ 561,242 Interest Paid $ 17,490 See accompanying notes to financial statements. Page 404 of 1207 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION STATEMENT OF FUNCTIONAL EXPENSES FOR THE YEAR ENDED DECEMBER 31, 2018 PROGRAM SERVICES Neighborhood Development and Stabilization Salaries and Benefits $ 27,253 Professional Fees 16,020 Maintenance 23,653 Utilities 10,506 Consulting 32,980 Property Taxes 7,879 HOA Fees 5,345 Office Expense 4,573 Insurance 15,899 Internet 3,049 Interest 17,490 Travel 1,188 Other 13,030 Total $ 178.865 SUPPORTING SERVICES Fund - raisin Management & General $ 109,009 4,005 2,626 8,245 1,144 5,867 762 296 3,258 $ 135,212 See accompanying notes to financial statements. R Total Ex enses $ 136,262 20,025 23,653 13,132 41,225 7,879 5,345 5,717 21,766 3,811 17,490 1,484 16,288 $ 314,077 Page 405 of 1207 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2018 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING ACTIVITIES Nature of Activities Boynton Beach Faith Based Community Development Corporation ("the CDC") is a nonprofit corporation organized to provide community service, youth programs, and improve the economic conditions of the Boynton Beach, Florida neighborhood through facilitating home ownership for moderate and low income families. The Corporation also provides social services to the neighborhood. Basis of Accounting The Financial Statements of the CDC have been prepared on the accrual basis of accounting and accordingly reflect all significant receivables, payables, and other liabilities. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles include the use of estimates that affect the financial statements. Accordingly, actual results could differ from those estimates. Functional Classification of Expenses In the accompanying Statement of Activities, expenses have been reported by their functional classification, a method of grouping expenses according to the purpose for which they were incurred. The primary functional classifications are program services and supporting activities. Program services are the activities that result in services being provided to members that fulfill the purposes or mission for which the CDC exists. Supporting activities are all activities of an organization other than program services and are included in the financial statements as management and general expenses., and are allocated based on time spent. Grants Resources from Government grants are recorded as revenue when the related costs are incurred. All other grants, unless restricted are recorded as revenue when the grant is received. The CDC is dependent on continued financial assistance by federal and local government agencies. Contributions whose restrictions are met in the same reporting period is reported as unrestricted contributions. Concentration of Credit Risk Financial instruments that subject the CDC to concentrations of credit risk include cash. While the CDC attempts to limit its financial exposure, its deposit balances may at times exceed federally insured limits. The CDC has not experienced any losses on such balances. 7 Page 406 of 1207 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2018 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Cont'd.) Contributed Services The CDC does not recognize any support, revenue or expense from services contributed by volunteers, because they do not meet the criteria for measurement. Availability and Liquidity: Financial assets of cash $561,242, grant receivables $39,078 less accrued liabilities of $5,228, financial assets available of $595,092 to meet expenses over next twelve months. Income Tax Status The CDC is exempt from federal income tax as an organization described in Section 501 (c)(3) of the Internal Revenue Code. CDC believes it is no longer subject to examinations of returns for tax years ended December 31, 2015. There are no examinations for any tax periods currently in progress. Contributions Contributions received are recorded as net assets without donor restrictions or net assets with donor restrictions depending on the existence and/or nature of any donor restrictions. Contributions that is restricted by the donor is reported as an increase in net assets without donor restrictions if the restriction expires in the reporting period in which the contribution is recognized. All other donor -restricted support is reported as an increase in net assets with donor restrictions, depending on the nature of the restriction. When a restriction expires(that is, when a stipulated time restriction ends or purpose restriction is accomplished), net assets with donor restrictions are reclassified to net assets without donor restrictions and reported in the Statement of Activities as net assets released from restrictions. The CDC has cash of $393,593, real estate held for sale of $1,060,667, and mortgage receivable of $404,738 at December 31, 2018, which are recorded as net assets without donor restrictions, however, those assets must be used in compliance with the grant agreements. Real Estate ITHeld for „Sale The CDC has purchased and renovated certain properties held for sale to eligible home buyers. These properties are valued at lower of cost or fair market value. Fair market value is based on recent market sale prices. Prope , and Equipment Property and equipment are stated at cost less accumulated depreciation. Depreciation is being provided by use of the straight-line method over the estimated useful lives of the related assets as follows: Office equipment, 5 years life. 8 Page 407 of 1207 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2018 NOTE 1- SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Cont'd.) Fair Value Measurements The following fair value hierarchy measure fair value: Level 1- unadjusted quoted prices. Level 2 - Observable inputs. Level 3- significant unobservable inputs which are supported by little or no market activity. Level 2 include real estate held for sale. Fair value is the price CDC would receive to sell an asset in an orderly transaction between participants at measurement date. The carrying value of all other assets and liabilities approximate fair value due to their short maturity. NOTE 2 - PROPERTY AND EQUIPMENT At December 31, 2018, Property and Equipment consisted of the following: Office equipment, $18,349 less accumulated depreciation of $18,349. NOTE 3— MORTGAGE RECEIVABLE The CDC purchased real estate that will be renovated and sold to eligible home buyers as part of the neighborhood stabilization and improvement program. Proceeds from the homes that were sold during the year ended December 31, 2018 are recorded in the financial statements. Net proceed from any sale must be used in compliance with the grant agreement. The CDC provided second mortgage financing which is an interest free deferred payment loan and the loan will be paid upon the sale of the property if sold short of the term of fifteen years from the closing date of the first mortgage or upon mortgagor's default. Mortgage receivable will be forgiven if the homeowner remains in the home the required period. NOTE 4 - LEASE OBLIGATION The CDC uses offices provided by the City of Boynton Beach in the neighborhood in which it operates, for a nominal fee of $12 per year. The market value of this space is not included in the financial statements. NOTE 5 — Program Income Program income includes gross sales of real estate of $1,446,000, and rental income from real estate not sold of $26,568. The net gain on sale of real estate is reported in the statement of activities. The CDC is required to use program income in compliance with grant rules and regulations. 0 Page 408 of 1207 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 2018 NOTE 6 — CONTINGENCIES AND SUBSEQUENT EVENTS The Corporation receives financial assistance from federal, state, municipal and other local non- governmental agencies in the form of grants. The disbursement of funds received under this program generally requires compliance with the terms and conditions specified in the grant agreements and are subject to audit by the grantor agencies. Any disallowed claims resulting from audits could become a liability of the CDC. The date to which events occurring after December 31, 2018, the date of the most recent statement of financial position, have been evaluated for possible adjustment to the financial statements is August, 20, 2019, which is the date the financial statements were available to be issued. Grants from governmental agencies totaled 71% of total revenue at December 31, 2018. Note 7- LINE OF CREDIT CDC obtained a revolving line of credit to develop residential single family homes in low and moderate income communities in Boynton Beach, Florida. The terms are as follows: maximum principal amount of loan $1,000,000, interest rate of five and one quarter percent, maturity date of two years from the date of loan closing, security property of first mortgages on residential parcels and the improvements located thereon at scattered sites within the Project, and repayment terms commencing on the last day of the month following the loan closing date, monthly payments of interest are due and payable on the last day of each month, with the principal balance of the loan , if not sooner paid, together with any unpaid interest and fees, due and payable in full on the maturity date. Borrowings are outstanding at December 31, 2018, of $218,000. Note 8 — NEW ACCOUNTING PRONOUNCEMENT On August 18, 2016, FASB issued ASU 2016-14, Not -for -Profit Entities (Topic 95 8) — Presentation of Financial Statements of Not for -Profit Entities. The update addresses the complexity and understandability of net asset classification, deficiencies in information about liquidity and availability of resources, and the lack of consistency in the type of information provided about expenses and investment return. 10 Page 409 of 1207 WW' R O. Box 10515 William Washington Riviera Beach, Florida 33419 Certified Public Accountant Phone: (561) 703-5197 E-mail: billwashjr@comcast.net INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Directors Boynton Beach Faith Based Community Development Corporation Boynton Beach, Florida I have audited in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of Boynton Beach Faith Based Community Development Corporation (" CDC" ) (a nonprofit organization), which comprise the statement of financial position as of December 31, 2018, and the related statements of activities, functional expenses and cash flows for the year then ended, and the related notes to the financial statements, and have issued my report thereon dated August 20, 2019. Internal Control over Financial Reporting In planning and performing my audit of the financial statements, I considered CDC's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing my opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of CDC's internal control. Accordingly, I do not express an opinion on the effectiveness of the Organization's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. My consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during my audit I did not identify any deficiencies in internal control that I consider to be material weaknesses. However, material weaknesses may exist that have not been identified. 11 Page 410 of 1207 Compliance and Other Matters Purpose of this Report TIMM. WIT cOTTIce,770 (Jovernme Stan in considering the CDC's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. 12 Page 411 of 1207 CHASE JPMorgan Chase Bank, N.A. P O Box 182051 Columbus, OH 43218-2051 00012742 DRE 021 144 06020 NNNNNNNNNNN T 1000000000 69 0000 BOYNTON BEACH FAITH BASED CDC PEACEMAKERS PO BOX 337 BOYNTON BEACH FL 33425-0337 ITCKING 5UMMARY Chase BusmessSelect Checking .. ............... February 01, 2020throu h Fr brunt 25, 2020 Account Number: 513 CUSTOMER SERVICE INFORMATION Web site: chase com Service Center. 1-800.242-7338 Deaf and Hard of Hearing: 1-800-242-7383 Para Espanol: 1-888-6224273 International Calls: 1-713-262-1679 Total Deposits and Additions $76,497.11 CHECKS PAID DATE CHECK NO. DESCRIPTION PAID AMOUNT 4107 ^ 02103, $800.00 4108 A 4109 A INSTANCES AMOUNT Beginning Balance 02/21 $202,816.01 Deposits and Additions 3 76,497.11 Checks Paid 16 -33,546.33 Electronic Withdrawals 3 -2,000.00 Ending Balance 22 5243,766.79 DEPOSITS AND ADDITIONS DATE DESCRIPTION AMOUNT 02/03 Deposit $12,750.00 02118 SDuare Inc 200217P2 L209514037459 CCD ID: 9424300002 1,037.11 Total Deposits and Additions $76,497.11 CHECKS PAID DATE CHECK NO. DESCRIPTION PAID AMOUNT 4107 ^ 02103, $800.00 4108 A 4109 A 02/11 1,053.00 4111 ' A 02/21 1,375.00 4112 A 02107 1200.00 4113 A 02110 64.79 4114 A 02110 71.96 ___.. 4115 ^ 02/10 60.15 4116 A 02107 875.00 Page 1 of Page 412 of 1207 FLORIDA IN VIM- COMMUNITYMAN LOAN FUNDIN April 23, 2029 i EXPERTISE ANb CAPITAL Ms. Keturah Joseph Executive Director Boynton Beach Faith Based CDC, Inc. 2292 N. Seacrest Blvd. Boynton Beach FL TO HELP YOUR PROJECT SUCCEED. r 33435 i Re: Commitment fora renewal of a recently matured $2,000,000 Revolving Line of Credit to Boynton Beach Faith Based CDC, Inc. by the Florida Community Loan Fund, Inc. Dear Ms. Joseph: ' This letter (the "Commitment") constitutes the Commitment of the Florida Community Loan Fund, Inc. (the "Loan Fund") to renew, for the entity described below as the borrower (the "Borrower") a recently matured revolving line of credit (the `Line" Or "Loan are as follows: "). The terms and conditions of the Commitment 2. BORROWER: Boynton Beach Faith Based CDC, Inc. a Florida not-for-profit S62c(3) corporation. 2. MAXIMUM LOAN AMOUNT: $2,000,000.00. j 3. INTEREST RATE: A fixed rate of five and one-quarter percent q6), i 4. MATURITY DATE: The Line shall mature on A r1l 151 2022 e l property renovated shall remain as collateral on the Line for more t2han twelve (212) monthsividuafrom the date tbs Ing added to the Line. I S. REPAYMENT TERMS:Monthly payments of in#erest shall continue and are due and payable on the last day of each month, with the principal balance of the Loan, If not sooner paid, together with any unpaid interest and fees, due and payable In full on the Maturity Date. 6. LOAN COMMITMENT FEE: NA 7. COMMITMENT EXPIRATION: This Commitment expires, at the Loan Fund's option, in ninety (go) days from the date of this Commitment. i 8. SECURITY PROPERTY: First mortgages on re$Identlal parcels (the "Land") and the improvements located orto—be-constructed thereon (the "Imprpvements") on scattered sites in Boynton Beach, Florida, or other such real estate collateral that the Loan Fund may accept In Its absolute and sole discretion. The Land and Improvements are individually and collectively herein called the "Collateral", "Home", or"Property". i 9. LOAN PURPOSE: To assist with the purchase and renovation or new construction of single family properties for sale to first time homebuyers, in low and moderate Income communities within Palm Beach County, Florida, I Main office: Sol N. Magnolia Ave. Suite ioo in Orlando, FL 32801.2364 407.246.0846 ■ F. 407.246-0856 ■ wIANVAlf.org Orlando ■ Jacksonville ■ Sarasota 8 Tampa ■ Fort Lauderdale Page 413 of 1207 so. SPEC LIMIT: Defined as a Home without a pre -qualified buyer and executed sales contract ("Spec"). Spec Homes maybe permitted under the Line in the sole discretion of Loan Fund and under the following condition: No more than six (6) single family Spec properties may be placed under the Line at any one time. Loan Fund reserves the right to review and approve any proposed Property to be added to the Line. : i. MAXIMUM LOAN TO VALUE: The Loan -to !Value of the Loan may not exceed Eighty Percent (8o%) of the as -is appraised value for acquisition and as -renovated appraised value for acquisition and renovation of all properties under the Loan (see also Term:L2.8). iz.. LOAN DOCUMENTS AND ITEMS REQUIRED FOR LOAN CLOSING: At Loan closing, and for each Home that will be Collateral for the Line in the future, Borrower shall execute the following Loan documents and submit the following items to 1 -pan Fund pursuant to this Commitment and normal loan closing requirements. All documents and items shall be.satisfactory in form and substance to the Loan Fund. Documents 12.2 and 12.6 below shall only be required to be executed with the first Loan closing. 12.1 Promissory Note: including provisions forthe collection of late payment charges of five percent (5%) of the amount of any late payment, no prepayment penalty and a default rate of thirteen and one-quarter percent (13.25%)• 12 .2 Lqq"9LeerT!qqt Loan funds after he initial catioLoang _ment: including (a) provisions for the disbursement of n , closing set forth in Term 13; (b) provisions for the general loan conditions set forth in Term 14;.(c) provisions for Spec Homes as set forth in Term so, and (d) provision for each Note to mature one year from its effective date. 12 .3 Collateral a fort he operation tion of the tN providing the Loan Fund with a first lien on the 9.6.j . . ateral and a security Interest in all fixtures and tangible and intangible personal property necessary p Property listed above in Term 8. lz ac u Irledtand/olar ° Borrower has the option of utilizing substitute collateral only in the 4 �_ .;i „Co. al: eventthat it Is not possible to provide a clear first lien position on the Property that is to be q renovated. Acceptance of the use of substitute collateral is in the sole discretion of Loan Fund. :L2.5 Tnranee: a standard, ALTA mortgagee title policy, providing coverage for the full principal amount of the Loan amount allocated for each specific Property added to the Line now or in the future, listing only those title exceptions acceptable to the Loan Fund. The lien ofthe Loan Fund shall be superior in all respects to the interests of any contractor, supplier or subcontractor involved in the construction. The lien of the Loan Fund shall also be superior in all respects to any Limited Use Restriction Agreement (LURA) or similar agreement encumbering the Property, all. of which must be subordinated of Public Record to the Loan Fund's Mortgage and other loan Documents. 12.6 authorization Borrowina,Authority. Docvments: corporate documents which evidence the uthorization for the actions to be taken by Borrower in connection with this Commitment and the Line, including articles of incorporation, 501 (c)(3) letter from the Internal Revenue Service, by-laws, corporate borrowing resolutions and current certificates of "good standing" from the Florida Division of Corporations. 22 .7 a,,n,d Sale„Contracts: a copyof the Purchase and Sale Contract executed between the seller of the Property and the Borrower, for each Property acquired for funding with the Line, if applicable. M, April 21 2019, Page z 19a IV Page 414 of 1207 12.8 Appraisals: current (within sixty (60) days of each Property closing) appraisal of the Property, reflecting the market value of the Property as -is and as -renovated, conducted by state certified appraisers satisfactory to the Loan Fund. The Loan -to -Value on the Property shall not be greater than 8o%of the'as- is appraised value for acquisition and 8o% of the as - renovated appraised value for acquisition and renovation or acquisition and construction, as appropriate. 22 9the Loan based e uirement: Borrower acknowledges that Loan Fund was induced to make d upon a specific loan to -value ratio (the "Original Loan -to -Value Ratio") and that has been madeknownthat Loan Fund will conduct periodic reviews of Collateral value. Loan documents will provide that, ifany updated appraisal received by Loan Fund reflects that the appraised value of the Property has decreased from the original appraised value, and if such decrease results in a loan -to -value ratio which is higher than the Original Loan - to -Value Ratio, Borrower shall, within thirty (30) days of Loan Fund's written request, either: (a) make a principal payment (the "Prepayment") under the Note in an amount sufficient to maintain the Original Loan -to -Value Ratio; or (b) pledge such additional collateral for the Loan that is acceptable to Loan Fund in its sole discretion. Any Prepayment shall not entitle Borrower to a release of any of the Property. 22.10 Survey: recent survey of the Property by a registered surveyor, certified to the Loan Fund, the title insurance company and Borrower. 22.22 Bo rower and anysources a copy of the fully executed agreements between rtes of additional capital to the Property. 12.12 Flood.,Hazards: evidence as to whether or not the Landis located within an area identified as having special flood hazards pursuant to the Flood Disaster Protection Act of 1973. If the Land is located in a special flood hazard area, flood insurance naming the Loan Fund as mortgagee will be required. 12.23 Insurance a) Comprehensive general liability coverage for Borrower on ACORD 25, and an "all risk" builder's risk or completed value property insurance policy on ACORD 27 or 28, as applicable, designating the Loan Fund as mortgagee and loss payee, granting the Loan Fund at least 3o days' notice of intended cancellation. b) Evidence of general liability and p coverage, forthe general contractor on ACORD 25. 22-14 oa ws: satisfactory evidence that construction of the improvements and intended uses of t . e Property are in compliance with all applicable laws, regulations and ordinances, including local zoning laws, local building laws and local requirements for parking spaces and parking ratios. 22.15 llan acceptable PhaseE Environmental o1�lliance aa7 Indemnit A segment a currencopy of : I Site Assessment performed on the Land and Improvements (or other environmental checklists or reports that maybe acceptable in Loan Fund's sole discretion), and an agreement signed by the Borrower indemnifying the Loan Fund from anfy environmental hazards. 12.16 ncluame m detailed tion of nonowof the ction o: sources and uses n funds for the Property, a det sled breakdownof constructing or renovating the Improvements costs.and 12.17 For,,,,P,rgs PrQ,pertles: a) an executed purchase contract with a purchaser; b) evidence of valid and satisfactory pre -qualification by a mortgage lender for an amount sufficient to purchase the property; c) Evidence of any subsidies necessary for the buyer to purchase the property; and c) an acceptable and fully completed affordability study and/or income certification sufficient to verify qualification as a low to moderate income individual or family. MIMM April 23, 2oig, Page 3 Page 415 of 1207 14.3Debt: During the term of this Line, Borrower will not incur any additional debt without the written permission of the Loan Fund. X4.4 Social Impact Reporting: Borrower agrees that regular reporting of community and social impact criteria will be required as a condition of Loan Fund's financing. This reporting will made no less than annually and may; include, but not be limited to such items as: number of temporary and permanentjobs created and otherjob creation details; specific education or social services to clients; environmentally sustainable outcomes in the project; the pro- active involvement of the surrounding community in the project; or any other such Information as the Loan Fund deems necessary. 14.5 Publicity: The Loan Fund shall have the right to secure printed publicity through newspapers and other media concerning the project and its financing. Borrower shall provide the Loan Fund with photographs of the Project and demographic information regarding the clients who receive housing and other services from Borrower. 14.6 Loan Aall"i„cation: The issuance of this Commitment is based upon the accuracy of Borrower's representations and statements, any loan application and all additional information, representations, exhibits and other matters submitted to the Loan Fund for consideration. The Loan Fund shall have the option to declare this Commitment to be breached, and therefore, void, if there shall have been any material misrepresentation or misstatement or any material error in anything submitted to the Loan Fund. 14.7 Expenses: All costs and expenses in connection with the Line, including, but not limited to, the costs of attorneys, documentary -stamp and intangible taxes, the construction consultant and recording fees, shall be paid by Borrower. 2.5. RELEASE OF SECURITY PROPERTY: Until the Loan has been paid in full, each Property shall be released from the Loan Fund upon request and payment to the Loan Fund of a minimum release amount of the total amount advanced directly for acquisition and the costs of construction of the Property, to be determined in the sole discretion of the Loan Fund. 16. ENTIRE AGREEMENT: This Commitment, when accepted, shall constitute the entire agreement between Loan Fund and Borrower, and it may not be altered or amended unless agreed to in writing by the Loan Fund and Borrower. 17. ACCEPTANCE: Please indicate acceptance of the terms and conditions of this Commitment by signing and returning this Commitment letter. Return one original Commitment letter to the r'nain office of the Loan Fund (at -Sol North Magnolia Avenue, Suite loo, Orlando, Florida 32801) no later than April 30, 2os6. Sincerely, FLON" - COMMUe ,OAN FUND, INC. Vels6n Chief Lending Officer Acceptance page follows N Ili April 23, zoig, Page.5 In Page 416 of 1207 The undersigned accepts the foregoing commitment on behalf of Borrower, BOYNTON BEACH FAITH BASED CDC, INC. By:_ ..� ...�....... Keturah Joseph Executive Director oafDate: ■`tit9' April 23, zoig, Page G '» Page 417 of 1207 43ppartmeU- t of htatp I. certify from the..recbrds. -of this _office that .BOYNTON BEACH FAITH ;BASED COMMUNITY DEVELOPMENT CORPORATION is a corporation organized under the laws of the State of Florida, filed on December 21, 1999. The document number of this corporation is N99000007620. I further certify that said corporation has paid all fees due this office through December 31, 2008, that its most recent annual report/uniform business report was filed on March 7, 2008, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. CR2EO22 (01-07) Given under my_handand the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Eleventh day of March, 2008 Aerrrtarg of tate 07 TELEPHONE LOCAL INMATIVpS SUPPORT CORP. ..1555 PALM BEACH LAKES BLVD STB 16M WEST 1=ACW FL W.. 33401 2323' PALM _ FILED Go AUG z k PH 3:17 TE SAL' LArIASSEI1. FLOINA 01rice Use Only CORPORATION NAME(S) & DOCUMENT NUMBER(S), (if knoWn): 1. Cozpora("ion ame) 2. acumeht } "" (orpoiatson 'ame) 3. ocumen) �t10S-_4Cf1 'S's. 00 *.****35. OO 4.:. . orpoCa ni ja e) acu[nenf ❑ 'Walk in ❑ Pickup time Q Mail out ❑ Will wait NEW ER&GS ❑ Profit ❑ Not for Profit ❑ i�imited Liability ❑ ]Domestication ❑ Other OTf I M F I,INGS ❑ Annual Report ❑ Fictitious Name CR2F031(7197) ❑ Certified Copy ❑ Photocopy ❑ Certificate of Status GNDMENTS Q Amendment ❑ Resignation of R.A., Officer/Director ❑ Change of Registered Agent ❑ Dissolution/Withdrawal ❑ Merger FATM ❑ Foreign ❑ Limited Partnership ❑ Reinstatement ❑ Trademark ❑ Other [Egaminejrr's Initials Page 419 of 1207 b I Department of State Division of Corporations P. Q. Box 6327 Tallahassee, FL 32314 P" fnCAD ry« rri O' SUBJECT: BPAIT BASED COMMUNITY DEVELOPMENT -- ,, (Propos corporate Hama - must Include su Yix Enclosed is an original and one(1) copy of the articles of incorporation and a check for ❑ $70.04 ❑ $78.75 Filing Fee Filing Fee & Certificate of Status 0$78.75 Q $87.50 - Filing Fee Filing Fee, & Certified Copy Certified Copy & Certificate ADDMONAL COPY REQUMED FROM . ama inted or typed) . - NW 3rd Av' ddress Roynkon Repch, PI 13439 City, S to & Zip aybm�e�ephone number ARTICLES of INCORPORATION OF • BOYNTIDN BEACH FAITH BASED CUOI UNITS D£'YELUPMENT CORPORATI We, the undersigned natural persons of the age of eighteen (18) years or more, at least two (2) of whom are citizens of the State of Florid, actingo hexadopt Incorporators of corporation under the Florida Non -Profit Corporationc, following Articles of Incorporation for such corporation: ] , Name: The name of the corporation is Boynton Beach Faith Based CqWmnuitY Development Corporation. or oration: The corporation is a non profit -corporation. 2. Non Frofxt C py D �n ,s on is said to have perpetual existence. 3. Duration: The corporatiw N 4. Purposes: The purpose for which this corporation is organized is to: Promote the financial revitalization of the communityownership and improough business vement, d real estate ownership, provision of services, horn p unification of residents, resistance to gentrification. • Develop and sustain partnerships with various groups and agencies in the Boynton Beach Target Neighborhood in order to ensure that development is streamlined and resources are put to the most efficient use. . Increase homeownership opportunities in Boynton Beach. • Reduce the number of vacant lots in the neighborhood and thereby reduce spot blight and crime. • Improve and increase the delivery of social services to the neighborhood. The Boynton Beach Target Neighborhood is that geographical area located in the City of Boynton Beach, Florida, that is delineated by NE & NW 6th Avenues to the South, NE & NW 13 hAvenues to the North, Interstate 95 to the Vilest and the FEC Railroad to the East. The foregoing statement of purposes shall be construed as a statement of bath purpose and powers, and the purpose and powers stated in each clause shall, except where otherwise expressed, be in no way limited or restricted by any reference to or inference from the teams or provisions of any other clauses, but shall be regarded as independent purposes and powers. I Notwithstanding any other provisions of these Articles of Incorporation, the corporation shall not conduct or cant' on any activities not permitted to be conducted or carried on by an organization exempt from taxation under Section 501 (c) (3) of the internal Revenue Code and its regulations as they now exist or as they may be hereafter be amended, or by an organization, contributions to which are deductible _ under Section 170 (c) (2) of the Internal Revenue Code and Regulations as they now exist or as they may hereafter be amended. This corporation is organized pursuant to the Florida Non -Profit Corporation Act, and does not contemplate pecuniary gain or profit to the members thereof and is organized for non-profit purposes. 5. Registered Office: The initial registered office of the company shall be 428 NDN' 3'" Avenue in Boynton Beach, FL 33435 in the County of Palm Beach. 6. Registered Agent: The registered agent of the company shall be Willie Ward. 7, Lhnitation of Powers: No part of the net earnings of the corporation shall inure to the benefit of or be distributed to its members, trustees, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth, in Article 4 hereof. No part of the activities of the corporation shall be to participate in, or intervene in (including the publishing or distribution of statements), any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these Articles, the corporation shall not carry on any other activities not permitted to be carried on (1) by a corporation exempt from Federal Income Tax under Section 501 (c) (3) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States internal Revenue Law); or (2) by a corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States Internal Revenue Law). 8. Dissolution: Upon the dissolution of the corporation, the Board of Trustees shall, after paying or making provisions for the payment of all the liabilities and obligations of the corporation, dispose of any and all of the assets of the corporation exclusively for charitable, educational, or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501 (c) (3) of the Internal. Revenue Service of 1954 (or the corresponding provision of any future United States Internal Revenue Law) as the Board of Trustees shall determine. Any such assets not so disposed of shall disposed of by the Court having jurisdiction in the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization, as said Court shall determine, which are organized and operated exclusively for such purpose. 2 Board of Trustees: The number of trustees constituting the organizing Board of Trustees of the corporation is seven (7), and they , shall serve in this capacity only until a full Board of Trustees has been installed in accordance with the by-laws. The names and addresses of the persons who are to serve as the organizing trustees are: NARM-01- Address: Courtney Caul 1900 NE rd Lane, Boynton Beach, FL 33435 Victor Marshall 380 NW 13 Avenue Boynton Beach, FL Samuel Kendrick 181 NE 19t' Avenue Boynton Beach, FL 33435 Jeanette Cain 1900 NE rd Lane, Boynton Beach, FL 33435 Elizabeth Jenkins 711 NW 1st Street Boynton Beach, FL 33435 Debra Marshall 380 NW 13 Avenue Boynton Beach, FL Willie Ward 428 NW 3`d Avenue Boynton Beach, FL 33435 10. By -Laws: The by-laws of the corporation shall be adopted by its Board of Trustees. The power to alter, amend or repeal the by-laws or to adopt new by-laws shall be vested in the Board of Trustees. 11. Incorporators: The names and addresses of each incorporator is: Name: Courtney Cain Victor Marshall -Address–,. - 1900 NE 2,d Lane, Boynton Beach, FL 33435 380 NW 13 Avenue Boynton Beach, FL 3 Samuel Kendrick Elizabeth Jerkins Willie Ward 181 NE I 91 Avenue Boynton Beach, FL 33435 711 NW I 't Street Boynton Beach, FL 33435 428 NW 3rd Avenue Boynton Beach, FL 33435 12.Principal Place of Business: The principal place of business of the corporation shall be 428 NW 3`d Avenue, Boynton Beach, FL 33435 in the County of Patin Beach. IN WITNESS WHEREOF, we the undersigned incorporators have hereto set our hands on this 15`h day of December 1999. �1�1 le Courtney Cain ictor Marshall Willie Ward muei Kens prick Eliz eth Jenkins _ STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE me, the undersigned authority, personally appeared before me Courtney Cain, 'Victor Marshall, Willie Ward, Samuel Kendrick and Elizabeth Jenkins on December 15,1999, who are personally known by me, and who subscribed the above Articles of Incorporation, and they did freely and voluntarily acknowledge before me according to law that they made and subscribed the same for the uses and purposes therein mentioned. 4 IN WITNESS'WHEREM I HAVE HEREUNTO SET IV,t'Y HAND AND OFFIC kL SEAL at Boynton Beach in the State of Florida on this 15a' day of December, 1999 Chris Plummer _+= :•`- MY CQ.M1�lIs$!{gl I CC652T88 gSPIRES Notary Public JUN 3, M � ►:� State of Florida' - 4 commission expires: Having been named as registered agent and to accept service of process for the above stated corporation at the place designated in these articles, i hereby accept the appointment as registered agent and agree to act in this capacity. Y further agree to comply with all statutes relating to the proper and complete performance of my duties, and am familiar with and accept the obligations of my position as registered agent. Registered Agent: 'Willie Ward Date 5 P11 - -e 425 of 1207 ARTICLES OF AMENDMENT FILED to 00 AUG 24 Pik 3: 17 ARTICLES OF INCORPORATION ,. 0i�1D �,� of ;;ALLAH., 3EE, Fi.A ftpjRn Beac aith Based Community Develo pmt Pursuant to the provisions of section 617.10o6, Florida Statutes, the undersigned Florida nonprofit corporation adopts the following articles of arnentlment to its articles of incorporation, *FMSTt Amendment(s) adopted: (INDICATE ARTICLE NUMBER (S) BEING AMENDED, ADDED OR DELETED.) See Attached. ST�.COND: The date of adoption of the amendment(s) was: i►� CSL' 1 f -- -- THIRD., Adoption of Amendment (CHECK ONE) a The amendment(s) was(were) adopted by the members and the number of votes cast for the amendment was sufficient for approval. There are no members or members entitled to vote on the amendment. The amendment(s) was(were) adopted by the board of directors. Bo ton Beach Faith Based Commumt lie Corporation Name . Sigt�ture of Chairman, Vice Chairman, Pres Courtney Cain Typed or printed name - or other officer Date Page.426 of 1207 AMENDMENT TO ARTICLES OF INCORPORATION _e Boynton Beach Faith Based Community Development Corporation [X] .Article 7 - Said corporation is organized exclusively for charitable, educational, religious or scientific purposes, within the meaning of section 501(c) (3) of the Internal Revenue Code (or corresponding section of any future federal tax code.) No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to its trustees, directors, officers or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of Sectiod 501 (c) (3) purposes. No substantial part the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publisbing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision of these articles, the Boynton Beach Faith Based Community Development Corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c) (3) of the Internal Revenue Code (or corresponding section of any future federal tax code) or (b) by a corporation, contributions to which are deductible under Section 170 (c) (2) of the Internal Revenue Code (or corresponding section of any future federal code). Page 427 of 1207 city of Boynton Beach Development Services 100 E Boynton Blvd Boynton Beach, FL 33425-0190 N +xSINGLE-PIECE 1 SGL 1150468827-A-1 46 1 SP a -Sao IIIIIII��II�II�II��IfI�I��l�II11�'I'�IIII'1�"II'1�111'�I! BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP. PO BOX 337 BOYNTON BEACH FL 33425-0337 Dear Boynton Beach Business and Property Owners: We appreciate your continued participation in supporting economic growth and viability of our City by maintaining y Certificate of Use and Occupancy & Local Business Tax. In accordance with Chapter 13 of the City of Boynton Beach Municipal Ordinance, the document(s) below must be pos in a conspicuous place at your business or property. Should assistance be needed please contact the Developm Services Department at (561)742-6350 or visit our website at www.boynton-beach.org. - + DETACH THE DOCUMENT BELOW AND POST CONSPICUOUSLY AT YOUR PLACE OF BUSINESS + ----------------------------------------------------------------------------.......................................... City of Boynton Beach Certificate of Use/Business Tax Receipt Expires on September 30, 2020 Business Control Number: 0014478 Date Issued: 08127/19 Business Name: Boynton Beach Faith Based Business Location: 2191 N Seacrest Blvd Any changes in name, address, suite, ownership, etc. will require a now application. COl11BTR Number Glass[ficallon Code Clesslfiid o„ .y , Addiilonei lrrformatlon 20-00016590 CU2 CERT OF USE t£ OCC COMM City of Boynton Beach 100 E Boynton Blvd • Boynton Beach, FL 33425-0190 �,„._: Page 428 of 1207 �- ,» BOYNTON BEACH FAITH BASED D PEACEMAKERS -. 1;, 337 BOYNTON 1Te $202,616.01 Service Center 1-800-242-7338 Deaf and Hard of , 1-800-242-7383 Pare Espanol: 1-888 -622-4273 International Calls: 1-713-262-1679 CHECKING SUMMARY chase Businessselect Checking INSTANCES AMOUNT Beginning Balance $202,616.01 Deposits and Additions 3 76,497.11 Checks Paid 16 -33,546.33 Electronic Withdrawals 3 -2,000.00 Ending Balance 22 $243,766.79 DEPOSITS AND ADDITIONS DATE DESCRIPTION AMOUNT 02103 De osit $12,750.00 02/18 Square Inc 200217P2 L209514037459 CCD ID: 9424300002 1,037.11 02128 Deposit 62,710.00 Total Deposits and Additions $76,497.11 CHECKS PAID DATE CHECK NO. DESCRIPTION PAID AMOUNT 4107 A 02103. $800.00 02105 4109 A 4111 ' A 02121 1,375.00 4112 A 02107 1,200.00 4113 A 02/10 64.79 4114 A 02110 71.96 4115 A 02110 60.15 4116 A 02110 57.02 4117 Pape 1 oH4 Page 429 of 1207 Job Description Category: Management s PROJECT MANAGER i I Reports To: Executive Director ' Job Description Under direction of the executive director,. Coo inates and implements the activities of the newly established housing preservation programs ria includes the Neighborhood Stabilization Program (NSP). Work to ensure that projects; compl ted within established time frames and budgetary parameters. Q Qualifications • Bachelor's degree in finance, public or closely related field is required. • Four or more years of experience in • Must exhibit strong administrative and business administration, urban planning, housing financing and development. skills to interact well with clients and prospects. • Must thoroughly understand the processes a volved in securing mortgage loan approval, Principles and practices of mortgage bankazg, underwriting, credit, loan, and escrow activities. p • Current knowledge of, and ability to apply, fir are essential. • Must have some experience in securing Fedec Federal National Mortgage (Fannie Mae) loan down -payment assistance financing for hornet • Knowledge of: housing laws, regulations, affordable housing, including CDBQ, HOk • Must be well -organized, have excellent ve motivated and a self-starter service industry standards, laws, and regulations Authority (FHA), Veterans Affairs (VA), construction loans, conventional loans and nances, programs, and resources affecting SHIP and NSP. and written communication skills and be self - Page 430 of 1207 Responsibilities: • Responsible for coordinating individual prevention, home preservation and mort homeowners for housing rehabilitation I • Develops program guidelines, schedules as established programs; organize workshops availability, speaks before developers and public hearings. • Answers questions from, and provides p applicants, real estate professionals, resit representatives of various community ag government staff regarding performance • Coordinates and oversees construction and estate agents, title companies; and commwr underwriting activities for the Neighborhoc housing programs. • Monitors and coordinates program activii working relationships with funders and ti communicate clearly and concisely, both • Identifies bank owned properties for sale; property; assist in obtaining appropriate bi appropriate; monitors purchase and closing compliance with program requirements; 6 monitoring and reporting systems. • Prepares, interprets, and negotiates 1 acquisition and/or disposition of real accurate assumptions and are based on a property rights, and other public and qu • Ability to negotiate with property owners, review development proposals in order to interpret, apply,•and explain a variety of IF projects, . ing projects/programs that provide foreclosure modification services and make loans to priorities to facilitate implementation of newly id hearings to inform the public of program mmunity groups; represent the organization at n or project development information to the media, financial institutions, and s; and responds to inquiries from local is and financial statements. using related activities with contractors, real r improvement staff in due diligence and Stabilization Program, ownership, and rental and projects; establish and maintain effective e contacted in the course of work, and Ily and in writing. ate agreements for purchase of real permits, clearances and/or variances where sses and project progress to ensure b implements, and maintains internal project and sale contracts and leases to be used in the reviews appraisals to ensure that they include e principles; researches property title, court cases, records related to real estate transactions. isultants, real estate agents and developers; nre compliance with agency plans and policy; and ordinances affecting redevelopment • Responsible for preparing quotes and con Imo, answer questions from customers, maintain all quote documentation and follow up visit to customers/prospects. I 2 Page 431 of 1207 • Monitors purchase and sales contracts or agreements between sellers, buyers, contractors, and developers to ensure compliance with =tract terms; obtains appropriate project clearances; defines and reconciles issues/ blems with developers, contractors, and the public, including income certification; and requests for variances from established standards when necessary. • Coordinates property inspection to oval" construction, condition, special features, and functional integrity; develop scope of world and prepares cost estimates. • Oversee activities to ensure compliance with any applicable federal, state and local government regulations; supervise projectsuntil completion of all project activities; prepares monthly reports for the executive directo. • Provides technical and administrative supp�n to the executive director. Page 432 of 1207 I Homeownership Coordinator Under the supervision of the Exercutive Director the Homeownership Coordinator will be resPonsible for coordinating the First -Time Homebuyers Program and to it.hplement other initiatives as requested. eclflE es onsibi[lties-Ino' de#he: Follo`nrirr Areas • Manage the day `to day running of the First -Time Homebuyers Program • Woitc with the Deputy Director#o identify sources of funds and prepare funding applications for the First Time Homebuyers Program. Present io andlor prepare reports, compile information and respond to special inquires from fire Board of Directors, Executive Director, funders and others external organizations. • Prepare marketing materials and newsletters. • Coordinate homebuyer related actoities and events. • Market the. homeownership program to partners and the community. • Prepare mthly reports to funders • Develop homeownership requirements and communicate them throughout the arotiization. I • Prepare marketing materials and newsletters for outreach and public relations campaigns. j • R aAent and/or prepare reports, ob,mpile information, and respond to special Inquiries, f m Board of DPrectors, Executive Director, funders and other external organizesons. to Irxecutivhr Director, • Be contact person for the CDC with clients. • Devalbp homeownership requirements and communicate them throughout the organization. • Communicate critical problems to Executive Director with recommendation for problem solution. Givatifir�ans • A minimum of 2 years of experience-ln working for an affordable housing organization, banking institute .or related organization, with at least 2 years of experience counseCng first-time homebuyers. • Candidate should be familiar with, Ond have the ability to communicate the mortgage qualification process to fiftst time homebuyers. Additionally, the candidate should have a strong knowledge of the guidelines and application process associated with the SHIP and HOME subsidy programs • Must be highly organized and able to effectively work with a diverse group of people. i Communicate well orally and in writing • Have proficient knowledge of the Microsoft software (Word,Excel). Page 433 of 1207 Responsibilities: • Responsible for coordinating individual prevention, home preservation and mart homeowners for housingrehabilitation j [ng projects/programs that provide foreclosure modification services and make loans to • Develops pmgrarn• guidelines, schedules ani.priorities to facilitate implementation of newly established ptogmms; organize workshops 'and hearings to worm -the public of program availabiti;ty; speaks before developers and cpmmunity groups; represent the organization at public hearings. • Answers questions front, and provides program or project development information to appiignuts, real tstate professionals, residents, the meditt, financial institutions, and representatives of various community agencies; and responds to inquiries f -om local government staff regarding performance reports and financial statements. • Coordinates and oversees construction and dosing related activities with contractors; real estate.ageats; title•gompauies; and communjty improvement staffin due diligence and Mde. . getivitieaf ft the Neighborhood Stabilization Program, ownership, and rental hdusing program's. i • Mpnitors and coordinates program activities and projects; establish and maintain effective wotkihS relationships with funders and thos6-contacted in the course of work; and communicate clearly and concisely, both orally and in writing. • Identifies bank owned properties for sale; n4gotiate agreements for purchase of real Property, assist in obtaining appropriate building permits, clearances and/or variances where appropriate; monitors purchase and closing processes and project progress to ensure compliance -with program requii�ents; devveiops, implements, and maintains internal project monitoring and reporting systems. • Prepares, interprets, and negotiates purchase and sale contracts and leases to be used in the acquisition and/or disposition -of real property; reviews appraisals to eitsure that they include accurate assnmptions.end are based on appropriate principles; researches property title, court cues, property rights; and other public and quasi -public records related to real estate transactions. • Ability to negotiate with property owners, cgnsultants, real estate agents and developers; review development proposals in order to ensure compliance with agency plates. and policy- interpret, olicyinterpret, apply, and explain a variety of laws and ordinances affecting redevelopment projects. i • Responsible for preparing quotes and contracts; answer questions from customers, maintain all quote documentation and follow up visits; to customers/prospects. i 3 Page 434 of 1207 Monitors.ptuchase andsales contracLg or a�reemeuts between sellers, buyers, contractors, and developers to ensure compliance with c�ntraet terms; obtains appropriate project clearances; defines and reconciles issues/prbblems with developers, contractors, and the Public, including income certification; and requests for variances from established standards when necessary. • Coordinates Property -inspection to evaluate construction, conditiory special features, and funetionat.integrltp; develop scope of work land prepares cost estimates. Oversee activities to ensure' compliance WA airy applicable federal, state and local government regulations; supervise projects until completion of all project activities; prepares monthly reports for the executive director. r Provides technical and administrative suppoit to the executive director. j i i 3 Page 435 of 1207 Executive Director Under the supervision of the B yntDn Beach _Pct Based Community Development Corporation's Board �of Directors the Ex�{-rye Director will be ponbible for managing the ext ting programs of the organization, and Implementing new ini�tives. f�sib7ities nr�fude On�anizatlonai Management The executive dirbctor wlil be resp Ipnsibie for providing for the failowing programs: • Afro dable housing develop ent • 1. hor home repair ppm • Homebuyers Educaven program • Skill Training program. • Business Development CI a ses • Youth Programs • Community Events Administrative idenW OW "arse gr8nt furhdlr, • Ass* -,ft Ward in developing r Owft OPeratibnal budgets, ' Manage e*ftng grerrts of ff + Prepare monthly reports to funis • Prepare marketing materials an • Manage staff. • estop iand maintain relations] aom.nunky, lenders, foundafort • Monitor the frnartcial position of and bill papa eft • Work along side staff to imalem (�ual�eatiorrs + A minimum of 4 years of exile estate development or related for a non-profit corporation. ( • Highly organized and able to v affordable housing projects. • Abft to effectively manage ei people. • outstanding oral and written c • Ptofident knowledge of tate Mi Excel, Powerpoint, Access, Pt managerial oversight for the organization. Implementing a fund raising plan and organization rs and the board of directors newsletters is with the City of Boynton Beach, the and other community partners. e organization and process all checks prograrris and activities. 8 In vwrking in the community/reai , with a minimum of three years working Idates must process the fbilowing: vvitit local partners to implernent and work with a diverse group of [cation sidlls Office'suite of software (Word, Page 436 of 1207 i • Have knowledge of non-profit Business financial o , Including Insurance. working % a board of directorsand accountIng • Have the ability to market the dDCs o ilzatfon through both fond�ais programs and raise funds for the • Should be f=amiliar H�itft events and grant writing. qualification process 10 k>! r rye a ab lO rigage � lain, the mo should have a'strong letovvled of ff h° • Addiborially, associated with the 1 1* and Uw-guldeimes shd OPPIkat46n process • Should know the honti�dfn OWEsubatdy programs. development of single bmq'y ro $' a nd be able t° manage the • Familiarity with real estate finarlclnn_ The executive director will wore With bthar employees initially, and have the OPPOJWnKY to h a p%jeot manager assist with the real estate de l P is. Addit ' really. through the wt) nee de�+eloprrrent.board amp We oPment tom: provt to pros►fde i►aai adhtin nto�y will io support, Page 437 of 1207 Administrative Assistant Specific Res onsibilities Include the Followin Areas • Performs secretarial duties for the Executive Director; schedules and arranges meeting and appointments; drafts and types business correspondence; organizes meetings; makes travel arrangements; takes dictation and transcribe letters, minutes, and statements; answers and screen telephone calls; assists staff, visitors and others. • Reviews administrative documents and forms in the absence of the Executive Director. • Establishes and maintain the central records and files which may include employee files, personnel records, accounting records, budgets, purchasing and payroll forms, contracts, legal documents, ordinances and resolutions, meetings minutes, policies and procedures, and others. • Composes and types activity and statistical reports, correspondence and memos, press releases and newsletters. • Prepares Board meetings agenda and items; prepares board meeting agenda and meeting minutes; provides staff support to committee members. • Attends staff meetings and take minutes. • Prepares purchase requisitions and orders; coordinates inventory systems; reviews and processes personnel authorizations. • Assist with completing grants applications and maintain grant -funded programs records. • Receives, prioritizes and distributes mail. • Maintain computers files for contracts, projects, work orders, service requests, and others. • Oversee the proper operation and maintenance of the CDC computer; hardware, software and peripherals; coordinates repair and maintenance needs; coordinate systems improvements and upgrades; performs computers back-ups; sets up user files and passwords. • Participate in conducting event, programs and class registrations; receives registration applications and payments; and maintain registration material. • Prepares and mails billing statements for services and charges. • Maintain office supplies inventory, verges shipments for accuracy and approves invoices for payments; maintain inventory records and files. Minimum Qualifications • High school -diploma or GED; supplemented by college level course work or supplemented by college level course work or vocational training in business public administration, or related fields; supplemented by three (3) years progressively responsible previous experience and/or training that includes related office and administrative worts, preferably in a local government or not- for-profit organization; or any equivalent combination of education, training, Page 438 of 1207 and experience which provides the requisite knowledge, skills, and abilities for the job. Must be highly organized and able to effectively work with a diverse group of people. Communicate well orally and in writing Has proficient knowledge of the Microsoft software (Word, Excel, spreadsheets and PowerPoint). Page 439 of 1207 Boynton Beach's 'model block' starts neighborhood transformation N , Attiyya AnthonyContact Re orterSun Sentinel Two homes completed on Boynton Beach's model block A new "model block" seeks to transform one of Boynton Beach's neighborhoods plagued by blight and crime into a safe place for families. The owners of the first two of 11 planned homes were welcomed by the city Thursday into the Poinciana Gardens neighborhood on Martin Luther King Jr. Boulevard. The homes are in the Heart of Boynton — a predominately African-American and Caribbean and low-income community. Tanicsha Lowery, 40, is the first homeowner on Boynton Beach's "model block." "This area is great," Lowery said. "I have no regrets. I don't worry about crime. I don't have to worry about people telling me I can't paint the walls because I'm in an apartment. This place is mine and I get to do what I want." Lowery lives with two of her children, ages 14 and 15, and three dogs. Her other two children are adults. Her son, Jokeidrick Marshall, 21, said he enjoys coming over to his mother's house. Bo s ton "model block" scores $450,000 donation "It's awesome," he said. "It's good to know that I'll always have a place to go. This is the first backyard that we've had in 10 years." The "model block" is a joint project between the city, the Boynton Beach Community Redevelopment Agency and the Boynton Beach Faith Based Community Development Corporation. Last year, several buildings in the area were razed to make way for the homes and the expansion of nearby Sara Sims, park. Octavia Sherrod, the city's community improvement manager, said that the new developments will encourage residents to be proud of where they live. Page 440 of 1207 By Attiyya Anthony "It's about pride, self esteem and showing that this community can look as good as other communities," Sherrod said. Keturah Joseph of the Boynton Beach Faith Based Community Development Corporation, said that she hopes that this project will help change the face of the Heart of Boynton. "We're hoping this is just the beginning," she said. "Just these two homes make the area look better." City officials say that 11 homes are planned for the area. Owners must qualify through the Community Development Corporation, which helps people secure their first home. The homes on the model block cost about $180,000, Joseph said. Boynton partnered with the corporation to offer down payment assistance. Lowery received $45,000 from the city. The second owner wasn't available for comment Thursday. After renting for 11 years, Lowery said that she's happy she has a place that she can finally call her own. "It was a long process," she said. "But I finally got the gold at the end of the rainbow," aanth_.on.ya?tr,brub.com or 561-243-6648 or Twitter @,4ttiyya_Sun Page 441 of 1207 ommma€ It. lil Ri6�f-2g R1 w . s�pyq � tr n�f$ aQdtRaR ,p@�t��Rapp$a 1Pl��p�aa�t �PE=taqPRta�$$� �RHa■$� Pgd� M� dRda�t� �$�®9atRi^sa AA®®§X1 $6dR® �a$a�N®t ggt�d$e $�3t�aPaApe�a t6 ^• L��t 1� tn� d 1 a9 11 a 1oil 1 � FAM I, t tga$d�a �d A t�$a@$111,0ja11 t�®®S a t!Gaa A� !gg55Rtt$ t€a5 a KIM III I,t p!a Mi naR oil g$tJill, 41 oil ta�a a�t4ae p®tgRo4 a 8I0E g Ill. It-all ta�NOr Ra llz tt¢ FaFa pp p d gd g y3 p p �'. p p@ p_ b,. � �� P 3 d H • b� g g � �P6$5 pj I s� flfl fl flY YYYY �� I I 1 � , � y - � S Pm � '• I I I 1 I �if I p v FLAW. Ik —.... i Nil Ems, r `.... t ... . tEll �$ t rn a � RtR; F i V/ M1 q.�.... �;a � K gq 66 .. 1 i fl s.! � m at3' x� 'Bull, 0Vlit t M1 K ; 54 .. 1 i fl � m i:? -»X NEW PRDJECT For: erLEiNARS DESIGN I, LLC 338 3 t Btram C.A. Lewara. Architect PCN: 08-43-45-21-19-000-0120 p p [ w AR 8817938 FOR BOYNTON FAITH BASED CDC s laz4z N.W. 20th atreer. 128 NIP 11TH AVE CDC LOT -4 50FT C Pembroke Pines. Ploriae 33828 w (D 4) 701 -Ma rr(954) aa3-1u0 BOYNTON BEACH FLORIDA 33435 Page 442 of 1207 A I M Y p El m 0 7" I m ;j W, I 112111 9' 1u > m p 98 Z R. , im: M "A �F;Q" y'aa Pao FN '0" m N pa q -Nil j� A I M Y p El m 0 7" I m ;j W, I 112111 9' 1u > - z 0 LEWARS DESIGN 1, LLC NEW PROJ -ur F— B.rtr.m CA' L.—A-hft—t I'M 08-43-45---21--19-000-0120 AH 0017820 FOR BUYNTON FAITH BASE120 NW 11TH AVE CDC LOTD CDC 2 181N.W. 20M st—t --4 SOFT —ME pi—, Mad. 33020 f.(054) 441-1440 BOYNTON BEACH FLORIDA 33435 Page 443 of 1207 R. , im: M "A �F;Q" y'aa FN m N pa q -Nil j� URI 4 4 7U11 V) V - z 0 LEWARS DESIGN 1, LLC NEW PROJ -ur F— B.rtr.m CA' L.—A-hft—t I'M 08-43-45---21--19-000-0120 AH 0017820 FOR BUYNTON FAITH BASE120 NW 11TH AVE CDC LOTD CDC 2 181N.W. 20M st—t --4 SOFT —ME pi—, Mad. 33020 f.(054) 441-1440 BOYNTON BEACH FLORIDA 33435 Page 443 of 1207 Dear Community Friends, Changing A Community Block Please join the Boynton Beach Faith Based CDC for a ribbon cutting ceremony to welcome First-time homebuyer Tanicsha Lowery and First-time homebuyers Andre Elisma and Chentale Pierre Charles to the City of Boynton Beach's Model Block Program. 153 W. Martin Luther King Jr. Boynton Beach, FL 33435 Where: 147 W. Mi King Jr. Blvd Boynton Beach, FL. 33435 When: Thursday, April 28th 10:00 am Thanks to the collaboration of City of Boynton Beach, U.S. Department of Housing and Urban Development, Wells Fargo Bank, and Florida Community Loan Fund. Page 444 of 1207 . . .... . ... ............... .... . . .. ..... . ir....... . ....... . . .... . . ... .... _v......_...... W, ed wa . ... ...... ... . . .... . . .... ..... — .... ... . .... R 10 48 g tq plll ...0 W. QC) IME !)fl 130 M 0 PH Im cn C 0 103 0 Z. P3 M >5 lima z 0 m 0 SII rn -A of > 0 9) uo .. 0 5R UP 0 cn Z 0 (n 12 Z ca ;M' .11 -n ri) M 0 ;3E > > x Nn ec" c > m m m 11 191 0 z 0 G) C: -Z 0 5.m-ry, in Z 5 r- Cl 10 irui IWNNAm n ro L -t 104 cn 'i im O;u 0 rn 0 0 NYI. N z —0 m 'Al P4gel 445 of 1207 WFAMAW "W'"O-ba RICA, NO 5 ................... rN PMv Nem 70"W"IMP, PAM P.ACR., s" ave 5"wa-lir-ff w wall TQC 48 g tq plll ...0 W. QC) IME !)fl 130 M 0 PH Im cn C 0 103 0 Z. P3 M >5 lima z 0 m 0 SII rn -A of > 0 9) uo .. 0 5R UP 0 cn Z 0 (n 12 Z ca ;M' .11 -n ri) M 0 ;3E > > x Nn ec" c > m m m 11 191 0 z 0 G) C: -Z 0 5.m-ry, in Z 5 r- Cl 10 irui IWNNAm n ro L -t 104 cn 'i im O;u 0 rn 0 0 NYI. N z —0 m 'Al P4gel 445 of 1207 WFAMAW "W'"O-ba RICA, NO 5 Nem 70"W"IMP, PAM P.ACR., Y�l TQC avxa dF 48 g tq plll ...0 W. QC) IME !)fl 130 M 0 PH Im cn C 0 103 0 Z. P3 M >5 lima z 0 m 0 SII rn -A of > 0 9) uo .. 0 5R UP 0 cn Z 0 (n 12 Z ca ;M' .11 -n ri) M 0 ;3E > > x Nn ec" c > m m m 11 191 0 z 0 G) C: -Z 0 5.m-ry, in Z 5 r- Cl 10 irui IWNNAm n ro L -t 104 cn 'i im O;u 0 rn 0 0 NYI. N z —0 m 'Al P4gel 445 of 1207 "As -Is" Property Conditio Acknowledgment Sedlen City of Boynton Beach, a Florida municipal corporation Buyer: Boynton Beach Faith Based Community Development Corporation, a Florida on Profit corporation Frortr 144 & 146 NW 11th Ave. and, Lots 3-5 of Laneharts Sub, Boynton Beach, FL 33425 Closing Date: April 4,2019 Loan Number: File Number: 2019-025 Buyer hereby certifies that Bd uyer has investigated the aequacy and conditions of the above referen property and is satisfied with the "asis" condition, Buyer is aware that Buyer is purchasing the property without ci benefit of a warranty. The above is certified to be true and correct. Buyer shall include singular or plural as the context so requires or admits. Boynton B aith Based Community Development Corpora n, a FI, I a , os ofit corporation By. ___ ... ....... . Kat" Josh, Edcutive, Director (Corporate Seal) Doublepg 11 6e 446 of 120 BmlLgI,pd �baAd-r to: Denise Waites Legal Assistant Donia A. Roberts, P.A. 257 SE Dr. Martin Luther King Jr. Boulevard Belle Glade, FL 33430 561-993-0990 File Number: 2019-025 Will Call No.: ISpece Above This Line For Recording Before me, ftI "s" 1. Boynton Beach Faith Based Community Development Corporation, a Florida Non Profit corporation ("Buyer"), is purchasing the following described property from City of Boynton Beach, a Florida municipal corporation ("Seller"), to wit: Parcel 1: Lot 3, Lonehart's Book 126, Page 14, Public Records of Palm Beach County, Florida. Parcel 2: Lot 4, Lane Book 126, Page 14, Public Records of Palm Beach County, Florida. Parcel 3: Lot 5, Lanehart's Subdivision lkwix Book 126, Page 14, Public Records of Palm Beach County, Florida. Parcel 4: The East 50 feet of the West 406.03 feet of Lot 7 Wm—M_&r 2ZM%S to the plot thereof as recorded in Plat Book 1, Page 35, Public Records of Palm Beach County, Florida. Parcel 5: The East 50 feet of the West 456.03 feet of Lot 7, Win. M. Laneharts Subdivision, according tote latter as recorded in Plat Book 1, Page 35, Public Records of Palm Beach County, Florida. I Affiant, Keturah Joseph, is the Executive Director of Boynton Beach Faith Based Community Development Corporate (the Corporation) and has personal knowledge of the facts recited herein. The Board of Directors of the Corporation has ratified and approved the subject transaction, and authorized Affiant to execute any and all documentation with respect thereto. The subject transaction does not represent the sale of all, or substantially all, of the assets of the Corporation. 'Me shareholder(s) of said corporation have also authorized and approved the subject transaction. The Corporation is duly incorporated. existing and operating under the laws of the State of Florida and is in good standing under the laws of said state. Said corporation has not been dissolved or otherwise terminated. ARM herein. Buyer he b ho onia A. Roberts, P. add Old Republic ational Title surance Company harmless Page 447 of 120 and fully indwMifies some (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses),with respect to the matters set forth herein, Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it arra true. Boynton Beac Faith Based Community Development Corporate ,, a a No Profit corporation By:... Ketur x Joseph,mmmW utive Director (Corporate Seal) State of Florida County of Palm Beach The foregoing instrument was sworn to and subscribed before me this day of April, 2019 by Keturah Joseph of Boynton Beach Faith Based Community Development Corporation, a Florida a not for profit corporation, on behalf of the corporation. He/she [_] is personally known to me or [X] has produced a driver's license as identification. [Notary Seal] Mk 40d"ft (&wr) - Page 2 File Number. 2019-025 Notary Public Printed Name: My Commission Expires: D,oubleMme® Page 448 of 120 MODEL BLOCK PHASE 1 Page 449 of 1207 Page 450 of 1207 2020121 New Construction Development Budget Unit Description '31211Car 31212Car Total Square Footage 1,957 Sf Ft 2,080 Sq Ft DEVELOPMENT BUDGET Cost Per Unit TOTAL Units Cost Per Unit TOTAL Units ALL UNITS USES Number of Units 1 4 1 �3 LAND Assic ned Land Value $ 4000 $ 100,000 $ 25,000 $ 75,000 $ 175,000 Closin2 costs $ $ $ $ - Surve s $ $ $ $ Environmental Review $ $ $ $ Appraisals $ $ - $ $ - Total Land Cost $ 25,000 $ 100,000 $ 25,000 $ 75,000 $ 175,000 CONSTRUCTION Hard Costs Construction Cost $ 187,324 $ 749,296 $ 188,756 $ 566,268 $ 1,315,564 Hard Cost Contingency (&31_/o) $ 5,620 $ 22,480 $ 5,633 $ 16,899 $ 39,379 Total Hard Costs $ 192,944 $ 771,776 $ 194,389 $ 583,167 $ 1,354,943 Soft Costs Permit/Impact Fees $ 15,000 $ 60,000 $ 15,000 $ 45,000 $ 105,000 En ineerin $ 2,200 $ 8,800 $ 2,200 $ 6,600 $ 15,400 Architectural $ 1,300 $ 5,200 $ 1,300 $ 3,90C $ 9,100 Coil Testin $ 950 $ 3,800 $ 950 $ 2,850 $ 6,650 UWit Connection $ 350 $ 1,400 $ 350 $ 1,050 $ 2,450 arurwa $ 890 $ 3,560.00 $ 890 $ 2,670.00 $ 6,230.00 Lex al Fees $ 1,500 $ 6,000 $ 1„500 $ 4,,500 $ 10,500 ' Vnsuarance Buiders Risk $ 1,750 $ 7,000 $ 1,750 $ 5,250 $ 12,250 Appraisal $ 550 $ 2,200 $ 550 $ 1,650 $ 3,850 Inspection $ 1,250 $ 5,000 $ 1,250 $ 3,750 $ 8,750 Property Taxes $ 650 $ 2,600 $ 650 $ 1,950 $ 4,550 Soft Cost Contin en 5%) $ 1,270 $ 5,080 $ 1,278 $ 3,834 $ 8,914 Total Soft Costs $ 27,660 $ 110,640 $ 27,668 $ 83,004 $ 193,644 Financing Costs Construction Interest $ 26,000 $ 6,500 $ 19,500 $ 45,500 Total Construction & Related Costs �$2�27,1 $ 908,416 $ 228,557 $ 685,671 $ 1,594,087 Total Costs 'Includin Land 252,104 $ 1,008,416 $ 253,557 $ 760,671 $ 1,769,087 Deverlo erFee X13% $ 32774 $ 131,096 $ 32,963 $ 98,889 $ 229,985 Total Develo ent Cost $ 284,878 $ 1,139,512 $ 286,520 $ 859,560 $ 1,999,072 Sales Revenue $ 285,000 $ 1,140,000 $ 287,000 $ 861,000 $ 2,001,000 SOURCES Private 1st Mart ate $ 220,000 $ 880,000 $ 224,000 $ 672,000 $ 1,552 000 Development Subsidy Land $ 25,000 $ 100,000.1$ 25,000 $ 75,000 $ 175,000 'City/County'City/County DPA $ 40,000 $ 160,000 $ 40,000 $ 120,000 $ 280,000'. Total IDevepo ment Subsidy, $ 65,000 $ 260,000 $ 65„000 $ 195,000 $ 455,000 TOTAL SOURCES $ 285,000 $ 1,140,000 $ 289,000 $ 887,000 $ 2,007,000 Page 450 of 1207 NEW CONSTRUCTION Page 451 of 1207 Page 452 of 1207 Page 453 of 1207 liousin Ac uisition end Resale Mana emen# Plan Purchase Activities: ➢ Identify eligible bank owned properties for sale in the relevant areas. ➢ Liaise with area Realtors and REO officers/specialists to determine sales price and any seller's sales conditions and requirements ➢ Negotiate discounted price, prepare sales/purchase contract and submit contracts for acceptance/approval. ➢ When feasible, negotiate bulk purchase to minimize purchase costs ➢ Conduct /facilitate all preliminary title reviews/searches to assure marketable title free of encumbrances. ➢ Serve as company /agency for acquisition of properties Y Function as lead for the various project tasks such as planning, construction, and project implementation. ➢ Secure surveys and other relevant reports/documents needed to facilitate closing. ➢ Provide quality Broker Price Opinions (BO's), desk -top reviews, evaluations and market assessments when needed. ➢ Provide frame work, process guidelines and systems to manage the project, people and workload to ensure project is on schedu;a and compliance with HUD's expenditure time frame. Construction Rehabilitation Activities: Work closely with the construction management team to ensure timely completion of construction/rehabilitation activities to mitigate delays. Coordinate the following activities: ➢ Property inspections to determine scope of rehabilitation needed and estimated cost of work. ➢ Contractors/builders bid selection process. ➢ Submittal, review and approval of all applicable permits ➢ Preparation of Contract and Contract negotiations • Supervise Project progress to ensure contractors work is on schedule Real Estate Activities: ➢ Carry out all marketing, prospecting, and closing of all sales activity A Ensure compliance to state, local and RESPA laws ➢ Maintain pool of eligible applicants/buyers ➢ Assist applicants/buyers in obtaining mortgage approval Perform all due diligence necessary to facilitate an efficient purchase and resale process Secure appraisals that accurately determine the pre and post rehab value of units purchased. ➢ Coordinate all closing activities Secure and maintain all units purchased until sold to end buyers Provide loan servicing for lease purchase/option properties until resale is complete Conduct post closing follow up to ensure buyer's satisfaction i Page 454 of 1207 Buver Activities: ➢ Screen all potential buyers to determine program eligibility ➢ Provide pre and post home buyer education and credit counseling to all potential buyers ➢ Conduct credit review analysis to determine credit readiness for referral to lending institution ➢ Assist buyers in securing mortgage financing from private and public sources ➢ Facilitate lease purchase /option process for clients interested in homeownership but needing time for mortgage readiness ➢ Prepare purchase contracts for all resale units ➢ Coordinate mortgage application, approval and closing activities ➢ Maintain pool of qualified buyers. c Page 455 of 1207 Page 456 of 1207 a� cv x ra tea, N 00 L o� o c c c c d O NO N O O O C C 00 O cn O P � O N M p �C _ N M -. W rq r- -- VI b9 'IT 00 O r— "0 v v ° l .�. M vl . I I b4 y ?F? N 6R 000 �M 6R 6900 N � �U OON H. 64 r O.. �O O N ON p O N O N 41 l� 00 U N �] O (n w N Nr- 00 N r In N o ^O b c o c� G > c o> A N o U � n q tiUA ° y v� ° A .t U �q W3 a a a :d Q �� c 3 9D Q, Z QQz Z U Q E° ¢ ah QEF" QMH 0 OU U U U U ate+ N Vi C% V] Cc V] i% W C� No T W x ra tea, N 00 H Wo A 3H �H Oc cr N O V) O O O 00 O !+y O P � O N M p �C O O O p O O M -. W V 41 O 00 M `p r-- v1 M O � ^ 00 O r— "0 v v ° l .�. M vl . I I CN q M ?F? N 6R N a.+ 6R3 �M 6R 6900 N � �U OON H. 64 r O.. M .. O 69 A/ C V 69 U U U U ° U O. U� O w L •• r In U o °' °° v U c o c� G > c o> A N o U ;114U q n q tiUA ° y v� ° A .t U �q W3 a a a :d Q �� c 3 c CO �I Z QQz Z U Q E° ¢ ah QEF" QMH 0 oo C� No O 0C> M N- w N Cl N 00 00 M O A 410! X 0 Cj69�� 4A U Nt �" V N .2 N N .� N N :^ N N N A N(a u L u cu VJ w m 05 fC fC CO 03 as "' cn CC w v V ICL oo daa baa ¢aa, ¢aa ° baa r• a .. � ¢ c U- �. u t ra N a 3 ii z z z z z z Z x ra tea, z� a Wo A 3H �H N cr N O M a �Q x ra tea, U � xo Fz 3C) z O P ge 457 of 1207 z V Z Z �Z nz !z I,z zx C) w 2 W 2 w uj 2 0 0 > 2 mu > J m 0 0 0 N 0 �� W O 0 0 m m 0 0 Z W J m 3 �O ?j iri lr Ile Z O O f -N Z Z O W w Z Z} 00 \C 69 b9 Z 69 ,„ 69 69 69 b4 m 1.0 m 2 m rLr)-i m N O_ N N rn O O (=> �i O N N 00 all �--' 1 N M N N N (D U U 'UO U U U ',..0 i� V] V] a C/) � V] _cd V) a U] cd V] O M M � N l- O 00 00 • • t r 69 69 in p lz n 69 6`4 p O O .y O .. y .. ❑ C> Q y Cif.SO C U U U 6M4 O p j O• U —;. O y �" • U O O > O O j ❑ 0 0 Y Q O G v NU(� U U Q U a� U I7 A� Q U CIS 3 K Qr�F° zU z U G1UF0 2U 00i W) 10— O `n -� N r- 7t p 00 O O •U O O .0 .y S O� O .0 d% V 4 � a d% �% � 2+C4 Q� U � oa�l �. oa�l 1-. oa-o o 0 o a O o O V2 U W o 4 co cg U U . d .r Cd (C U^ daa zU Z ¢z dwa a. P. z z V Z Z �Z nz !z I,z zx cm V w 2 W 2 w uj 2 0 a p > 2 mu > J m �� N >� Q N �� W O 14 LU '.,......... m m m Z W J m 3 �O ?j Z O O f -N Z Z O W w Z Z} N 00>- z� Z ,„ a m m m 2 m rLr)-i m rn Q Ln z Page 458 of 1207 z Z Z 0 Z ',z z z W U ¢W W U ¢W a ow 0 0 w V > aw w V > as ra ai i Q� 0 0 CO 0 OZ 3� ~z �z Z Y CO U < Lu 0 N LU 0 z� �� z z z z 601) 6q m N m z bo bo 00 0 N 0 N 0 N C> Z z Z Z Z w, N' p6 U v v a O a S. C. ce v� v) 00 ¢ x to z ,o W) o g 0 b4 N bb �^ a ! rA 01 l� M 00 f!y ',,.� O N N OO M M GOS c •� SS 69 64 U A ¢ 6A O M :3 �p O m O O +--' O Nj pO OG r-- 6O9 pa O 0 oD V n^ U O p p U O yU �O oa OUO o Uv .. ❑ C ° 0 a; ° Q �UQ .'". U y Y 0> o� U QUA U� UA � �'�A °' ��Q > Say o o 3�'°�`�C;j o o z F. o zUWH o o U U Q Fp O NW) O N C� O O rCA � O r00 o0 o ri rq 0 Is to O b�y U O U °� en ��,� �" ' i cyd �w, ��caA� �a� a o I'� 0 A o 0 3 0m 0" 0aA N �� Cd � O 3 O 4n ca a3i Q a0i c� AU 0�� za zaa Qao° Qaa° Qaa U -46.— , z Z Z 0 Z ',z z z W U ¢W W U ¢W a ow O c S w V > aw w V > as ra ai i Q� E"y' CA as J w CO .L. m OZ 3� ~z �z Z Y CO U < Lu 0 N LU 0 z� �� z z z z m N m PE M age 459 of 1207 gkn eq00 00 00 o 0 O O 0 0 0 0 — '—it-- 64 O 0 0 0 0 a br9 M .i.+ b9 4 a3 64 kr)CJ rn a t b9 C U 69 O N 69 N 69 O N O > Q °N N ° a Q v c� all O 00 «d 0 0 Y i _ 00 00 00 00 O O O u O O o 00 u 0� M M 00 cl 00 cd cC .� 0 N v U o U u 60 co 03C�3 zx cn r 0 U gkn eq00 00 00 o 0 O O z 0 N N n o — '—it-- 64 O 6R t-- .- 64 O b9 O b9 M O O 69 N to br9 M .i.+ b9 4 a3 64 kr)CJ rn a t b9 C U 69 O V 64 O N 69 O N O > Q °N N ° a Q v c� w :� «d 0 0 Y i 00 00 00 00 O O O u O O o 00 u 0� M M 00 cl 00 cd cC .� C N U y C N f6 s •O N M co 03C�3 O v O V �a O U 0 U �a 14a �a C 9 N aQ ¢Q I¢Q O Iia z l,z z z o M z 0 N N n z M U N M N O •L 0 0 0 Y i w L s' co N u f0 C a > u c m L .� mm u f6 w L co U c M CCL N E _O C 9 N 0 U r >ru O y E Q O O O m to a N O Ln c -I m c 0 m r- cu Ln in m a N en Ln � z z m z Rbge 460 of 1207 DO z l,z N O 00 M N N n M U N M N O 0 0 0 0 co N f0 C a U c m m c E U c N E _O > c 0 U r >ru y E .T E ca V b= O OL N w c 0 N u u cu in 0 a en z z z Rbge 460 of 1207 Page 461 of 1207 1 � ppro Page 461 of 1207 c U Q g z 13 M w tE fy Page 462 of 1207 �. .., ❑ � U T m � E : c � T � f0 t C W CL w ❑ D ,, S a W W Cc S E 3 � Z yVW� m C ❑ tE fy Page 462 of 1207 Property Detail— Location Address 124 NW 11TH AVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-19-000-0130 Subdivision LANEHARTS SUB IN Official Records Book 30522 Page 294 Sale Date MAR -2019 Legal Description LANEHARTS SUB E 50 FT OF W 456.03 FT OF LT 7 (LESS N 30 FT NW 11TH AVE R/W) `Owner Information Owners Mailing address BOYNTON BEACH FAITH BASED COMMUNITY 2191 N SEACREST BLVD DEVELOPMENT CORP Use Code 0000 - VACANT BOYNTON BEACH FL 33435 2289 Sales Information Zoning R2 - Duplex (08-BOYNTON BEACH ) Sales Date Price OR Book/Page Sale Type Owner MAR -2019 $10 30522/ 00294 WARRANTY DEED BOYNTON BEACH FAITH BASED COMMUNITY JUL-2010 $10 23963 /00668 QUIT CLAIM BOYNTON BEACH CITY OF OCT -2009 $45,000 23522 /01828 WARRANTY DEED BOYNTON BEACH CRA FEB -1995 $100 09185 / 00515 REP DEED JAN -1976 $3,500 02504 /01260 JAN -1973 $100 02244 /00325 WARRANTY DEED Exemption Information Tax Year 2019 2018 Applicant/Owner Assessed Value $11,693 Year Detail $9,664 Exemption Amount $11,693 2020 Property Information Number of Units 0 *Total Square Feet 0 Acres 0. 15 50 Use Code 0000 - VACANT Zoning R2 - Duplex (08-BOYNTON BEACH ) ,,Appraisals Tax Year 2019 2018 2017 Improvement Value $0 $0 $0 Land Value $21,000 $20,117 $13,874 Total Market Value $21,000 $20,117 $13,874 All values are as of January 1st each year Assessed and Taxable Values Tax Year 2019 2018 2017 Assessed Value $11,693 $10,630 $9,664 Exemption Amount $11,693 $10,630 $9,664 Taxable Value $0 $0 $0 Taxes Tax Year 2019 2018 2017 Ad Valorem $0 $0 SO Non Ad Valorem SO $0 $0 Total tax $0 $0 $01 Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 463 of 1207 Property Detail --- Location Address 215 NE 12TH AVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-20-003-0170 Subdivision HAPPY HOME HGTS IN Official Records Book 29233 Page 466 Sale Date JUN -2017 Legal Description HAPPY HOME HEIGHTS LT 17 BILK 3 Owner Information 2017 *Total Square Feet 1410 Owners Acres 0.0916 $13,874 BOYNTON BEACH FAITH BASED COMMUNITY $13,874 DEVELOPMENT CORP 2017 Appraisals Sales Information - Tax Year 2019 Sales Date Price OR Book/Page Sale Type JUN -201 7 $10 29233/ 00466 WARRANTY DEED MAY -2006 $0 20868 / 01778 WARRANTY DEED JUL-2000 $0 11919 / 01 554 WARRANTY DEED MAR -2000 $0 11669 / 01229 TAX DEED JUL-1985 $100 04627 / 00298 SUMMARY ORDER Exemption Information Tax Year 2019 Applicant/Owner $0 Year $0 Total tax 2020 Property information Mailing address 2191 N SEACREST BLVD BOYNTON BEACH FL 33435 2289 Owner BOYNTON BEACH FAITH BASED COMMUNITY BOYNTON BEACH FAITH BASED COMMUNITY BOYNTON BEACH CITY OF PALM BCH CNTY COMMISSIONERS Detail Number of Units 1 2017 *Total Square Feet 1410 $0 Acres 0.0916 $13,874 Use Code 0100 - SINGLE FAMILY $13,874 Zoning R2 - Duplex ( 08-BOYNTON BEACH ) 2017 Appraisals $296 Tax Year 2019 Improvement Value $0 Land Value $21,000 Total Market Value $21,000 All values are as of January 1st each year Assessed and Taxable Values Tax Year 2019 Assessed Value $21,000 Exemption Amount $21,000 Taxable Value $0 Taxes Tax Year 2019 Ad Valorem $0 Non Ad Valorem $0 Total tax $0 Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 2018 2017 $0 $0 $20,117 $13,874 $20,117 $13,874 2018 2017 $20,117 $13,874 $20,117 $0 $0 $13,874 2018 2017 $0 $296 $0 $0 $0 $296 Page 464 of 1207 Property detail ----•— Location Address NE 12TH AVE Municipality BOYNTON BEACH Parcel Control Number 08.43-45-21-20-003.0180 Subdivision HAPPY HOME HGTS IN Official Records Book 29233 Page 466 Sale Date JUN -201 7 Legal Description HAPPY HOME HEIGHTS LT 18 BLK 3 Owner Information Owners 2017 *Total Square Feet 0 BOYNTON BEACH FAITH BASED COMMUNITY DEV Acres 0.0916 Sales Information Use Code 0000 - VACANT $13,874 Sales Date Price OR Book/Page Sale Type JUN -201 7 $10 29233 / 00466 WARRANTY DEED MAY -2006 $0 20868 / 01778 WARRANTY DEED FEB -2003 $0 14821 / 01805 QUIT CLAIM MAY -2000 $0 12022 / 00038 TAX DEED DEC -1984 $2,200 04438 / 01392 QUIT CLAIM Exemption Information Exemption Amount $21,000 Applicant/Owner $0 Year Tax Year 2020 Property Information Mailing address 2191 N SEACREST BLVD BOYNTON BEACH FL 33435 2289 Owner BOYNTON BEACH FAITH BASED COMMUNITY DEV R M LEE COMMUNITY DEVELOPMENT CENTER INC BOYNTON BEACH CITY OF PALM BEACH COUNTY Detail Number of Units 0 2017 *Total Square Feet 0 $0 Acres 0.0916 $13,874 Use Code 0000 - VACANT $13,874 Zoning R2 - Duplex ( 08-BOYNTON BEACH ) 2017 Appraisals $296 Tax Year 2019 Improvement Value $0 Land Value $21,000 Total Market Value $21,000 All values are as of January 1st each year Assessed and Taxable Values Tax Year 2019 Assessed Value $21,000 Exemption Amount $21,000 Taxable Value $0 Taxes— Tax Year 2019 Ad Valorem $0 Non Ad Valorem $0 Total tax $0 Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 2018 2017 $0 $0 $20,117 $13,874 $20,117 $13,874 2018 2017 $20,117 $13,874 $20,117 $0 $0 $13,874 2018 2017 $0 $296 $0 $0 $0 $296 Page 465 of 1207 Property Detail Location Address 124 NW 11TH AVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-19-000-0130 Subdivision LANEHARTS SUB IN Official Records Book 30522 Page 294 Sale Date MAR -2019 Legal Description LANEHARTS SUB E 50 FT OF W 456.03 FT OF LT 7 (LESS N 30 FT NW 11TH AVE R/"o Owner Information— Owners Mailing address BOYNTON BEACH FAITH BASED COMMUNITY 2191 N SEACREST BLVD DEVELOPMENT CORP BOYNTON BEACH FL 33435 2289 Sales Information Sales Date Price OR Book/Page Sale Type Owner MAR -2019 $10 30522 /00294 WARRANTY DEED BOYNTON BEACH FAITH BASED COMMUNITY JUL-2010 $10 23963 /00668 QUIT CLAIM BOYNTON BEACH CITY OF OCT -2009 $45,000 23522 /01828 WARRANTY DEED BOYNTON BEACH CRA FEB -1995 $100 09185/ 00515 REP DEED JAN -1976 $3,500 02504/ 01260 JAN -1973 $100 02244/ 00325 WARRANTY DEED Exemption Information Applicant/Owner Year Detail 2020 Property Information Number of Units 0 *Total Square Feet 0 Acres 0. 15 50 Use Code 0000 - VACANT Zoning R2 - Duplex (08-BOYNTON BEACH ) Appraisals Tax Year 2019 2018 2017 Improvement Value $0 $0 $0 Land Value $21,000 $20,117 $13,874 Total Market Value $21,000 $20,117 $13, 874 All values are as of January I st each year Assessed and Taxable Values Tax Year 2019 2018 2017 Assessed Value $11,693 $10,630 $9,664 Exemption Amount $11,693 $10,630 $9,664 Taxable Value $0 $0 $0 Taxes Tax Year 2019 2018 2017 Ad Valorem $0 $0 $0 Non Ad Valorem $0 $0 $0 Total tax $0 $0 $0 Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 466 of 1207 Property Detail -- Location Address Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-39-000-0050 Subdivision LANEHARTS SUBDIVISION REPLAT NO 1 Official Records Book 30522 Page 294 Sale Date MAR -2019 Legal Description LANEHARTS SUBDIVISION REPLAT NO 1 LT 5 Owner Information Owners Mailing address BOYNTON BEACH FAITH BASED COMM 2191 N SEACREST BLVD DEV CORP BOYNTON BEACH FL 33435 2289 Sales Information - Sales Date Price OR Book/Page Sale Type Owner MAR -2019 $10 30522 /00294 WARRANTY DEED BOYNTON BEACH FAITH BASED COMM Exemption Information Applicant/Owner Year Detail 2020 Property Information Number of Units *Total Square Feet 0 Acres Use Code 0000 - VACANT Zoning - ppraisals Tax Year 2019 2018 2017 Improvement Value $0 $0 $0 Land Value $25,000 $0 $0 Total Market Value $25,000 $0 $0 All values are as of January 1 st each year Assessed and Taxable Values Tax Year 2019 2018 2017 Assessed Value $25,000 $0 $0 Exemption Amount $25,000 $0 $0 Taxable Value $0 $0 $0 Taxes Tax Year 2019 2018 2017 Ad Valorem $0 $0 $0 Non Ad Valorem $0 $0 $0 Total tax $0 $0 $0 Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 467 of 1207 Property Detail - Location Address 128 NW 11TH AVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-19-000-0120 Subdivision LANEHARTS SUB IN Official Records Book 30522 Page 294 Sale Date MAR -2019 Legal Description LANEHARTS SUB E 50 FT OF W 406.03 FT OF LT 7 (LESS N 30 FT NW 11TH AVE R/M Owner Information Sales Information Sales Date Price MAR -2019 $10 APR -2018 $0 JAN -2017 $32,000 Exemption Information Applicant/Owner Property Information Mailing address 2191 N SEACREST BLVD BOYNTON BEACH FL 33435 2289 OR Book/Page Sale Type 30522/00294 WARRANTY DEED 29784/ 01433 WARRANTY DEED 28833 / 00270 WARRANTY DEED Year 2020 Number of Units 0 *Total Square Feet 0 Acres 0.1550 Use Code 0000 - VACANT Zoning R2 - Duplex (08-BOYNTON BEACH ) ppraisals Tax Year Improvement Value Land Value Total Market Value Assessed and Taxable Values - Tax Year Assessed Value Exemption Amount Taxable Value 2019 $0 $21,000 $21,000 All values are as of January I st each year 2019 $21,000 $21,000 $0 Owner BOYNTON BEACH FAITH BASED COMMUNITY BOYNTON BEACH CITY OF BOYNTON BEACH CRA Detail Taxes Tax Year 2019 Ad Valorem $0 Non Ad Valorem $0 Total tax $0 Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 2018 $0 $20,117 $20,117 2018 $20,117 $20,117 $0 2017 $0 $13,874 $13,874 2017 $9,664 $0 $ 9,664 2017 $235 $0 $235 Page 468 of 1207 - PAaeA69 of 1207 erty Condition Acknowledgment 861ler: City of Boynton Beach, a Florida municipal corporation Buyer: Boynton Beach Faith Based Community Development Corporation, a Florida Non Profit corporation l"roperv. 144 & 146 NW 11th Ave. and, Lots 3-5 of Laneharts; Sub, Boynton Beach, FL 33425 Closing Date: April 4,2019 Loan Number: File Number: 2019-025 Buyer hereby certifies that Buyer has investigated the adequacy and conditions of the above referenc property and is satisfied with the "as -is" condition. Buyer is aware that Buyer is purchasing the property without benefit of a warranty. I The above is certified to be true and correct. Buyer shall include, singular or plural as the context requires or admits. I Boynton �a aidli Based Community Development Corpora on, a Fl ao ofit corporation By ke—t" Joseph, Ecutive Director (Corporate Seal) Double p a Tte 470 of 120 Denise Waites Legal M 257 SE Dr. Martin Luther Ying Jr. Boulevard Belle Glade, 561-993-0990 File Number 2019-025 Will L., ; 1-MIM"IT-f-11, (Buyer) . i Before me ,l', a "f l v, **, M r,. Boynton Beach Faith Based Community Development Corporation, a Florida Non Profit corporation ("Buyer"), i's purchasing the following described property from City of Boynton Beach, a Florida municipal corporation to wit: Tarcel 4:111eEast ST feet A dSubdivision, to the plat thereof as recorded in Plat Book 1, Page 35, Public Records of Palm Beach County, Florld!G,. IL,East-: 1� of the West 456.03feet 1, M , aneharts Subdivision, according to the plat thereofas Book g Public Florida. Corporation)2. Affiant, Keturah Joseph, is the Executive Director of Boynton Beach Faith Based Community Development Corporate personal " f ' 'dgs of the facts recited herein.Board ratified and approved the subject transaction, and authorized Affiant to execute any and all documentation with respect thereto. The subject transaction does not u " The shareholder(s) of said corporation have also authorized and approved the subject transaction. The Corporation is duly incorporated, existing and operating under the laws of the State of Florida and is in good standing under the laws of d state. Said corporation has not been dissolved or otherwise tenninated. references3. All recording herein are to the Public RecordsPalm Beach County, Florida, notcs ",t; and Bcontext so requires or admits. for the purpose of clearing any possible question or objection to the title to the above referenced property and, for the purpose 4f inducing Donia A. Roberts,d Old Republic National Title Insurance Company to issue fifle insurance on the subject property, with the knowledge that said title companies are relying upon the statements set forth herein. Buyer hereby holds Donia A. Roberts, P.A. end Old Republic National Title Insurance Company harmless Page 471 of 120 d faulty indemnifies some (including but not Hmited to att eysa fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses] with respect to the matters set forth herein. Under penalties of perjUry, I declare that Q have read the foregoing Affidavit and that the facts stated in it are true, Boynton Bead, Faith Based Community Developmcnt CorporataP , a VIL Profit corporation By: Mur Jo tivh, Director (Corporate Seal) State of Florida County of Palm Beach The foregoing instrument was sworn to and subscribed before me this day of April, 2019 by Keturah Joseph of Boynton Beach Faith Based Community Development Corporation, a Florida a not for profit corporation, on behalf of the corporation. He/she [, is personally known to me or [X] has produced a driver's license as identification. [Notary Seal] Tilte 4ffidavil (Buyer) - Page 2 File Number. 2019-025 Notary Public Printed Name: My Commission Expires: DoubleTime® Page 472 of 120 [BOYNTON BEACH FAITH BASED CDC zlgt North Seacrest Blvd. Boynton Beach, FL 33435 (P)561-752-0303 * (F) 56i'z44-5046 Prescreenin A lication Service(s) Provided: Homebuyer Education Pre -Purchase Counseling Post Purchase Counselling Down Payments/City of Boynton Beach SHIP Date: Name Marital Status: ADDRESS (City, State and Zip code) YEARS AT THIS ADDRESS IF LESS THAN 2YEARS-PREVIOUS ADL CITY ZIP TELEPHONE NUMBERS - HOME # WORK # ..... CELL PHONE #,.. . . �,, ..... e, ..... EMPLOYER Years on this job__. Credit Scores: Equifax / Transunion ! Experian / Page 473 of 1207 BORROWER: HOURLY —/—WEEKLY 40 BI -WEEKLY 80 MONTHLY ........................... GROSS ANNUAL INCOME CO -BORROWER: HOURLY WEEKLY40 BI-WEEKLY80 MONTHLY GROSS ANNUAL INCOME OTHER INCOME: CHILD SUPPORT (COURT ORDERED): $ PER MONTH SOCIAL SECURITY INCOME $ PER MONTH DISABILITY INCOME $ PER MONTH OTHER INCOME S PER MONTH MONTHLY DEBTS/LOANS MONTHLY PAYMENT OUTSTANDING BALANCE 2. 3. 4. S. (AUTO) 6. (CHILD SUPPORT): Total Debt(s) _ Have you had an ownership Interest in a property in the last three years? YES NO [lave you ever been subject to any foreclosures, collections or judgments? YES NO (If yes, please attach an explanation) How many members are in your household? Number of Adults Race/Ethnicity How much Is your current monthly rent? Page 474 of 1207 LENDER NAME AND ADDRESS: LOAN AMOUNT: LOAN OFFICER NAME: REALTOR NAME: Company Nama INTEREST RATE CONTACT: CONTACT. - City ONTACT: Cit of Boynton Beach SHIP/DPA Income Guidelines 2019 Median Cate or SKIP own Pa ment Assistance/Second Mort a e n Amount:, Extremely Low and Very Low: $60,000.00 Annual Income: Low: $60,000.00 Annual Income: Moderate: $10,000.00 Annual Income: OBSTACLES TO HOMEOWNERSHIP: 2. 3. 4 5. SUGGESTED PLAN OF ACTIONS : 2. 3. 4. 5. Page 475 of 1207 COMMENTS: ------- I have received a copy of. FOR YOUR PROTECTION GET A HOME INSPECTION AND 10 IMPORTANT QUESTION TO ASK -YOUR HOME INPECTOR: Signature: ...... .... . DATE: Print Name: Counselor Signature:...... Date: ---------- . ............ . . ...... Page 476 of 1207 E yC= C3 LUCL. Ow Om , mg�, m C3 C3 U3 La - 0 I Page 477 of 1207 yC= LUCL. Ow Om , mg�, I Page 477 of 1207 ul, R. �A- �7' cz. UM m 41) .5, MT� C.0 3l 55 ") 4— a E u en al Z 25 Q-) -U5 Q E 2 o CA z 0ma 5 "7r -M E a tt,aaaFm rp c L a Mr mtla LL Z5 M ' C%S as a a ams cu cn -arca m S S"� "'n as C:Tl r Ca 4D c m 4�nro �".n �' C - " rZ E cL ?5 (On' u- 2' 0 cn tt CC tl ITS W Q'I —0 g5 c: ptff 0 '�' E asa w Zr' Er, ILE: En a) .2 '2 E aaa Cu > Im 1�71 -0o 6 as EF Cr 2 c.). ec'� cz In M 5 = w f.j" O� 0 . c". :3 �c IT W 41) no L .-I 2 S 0) IV ua 5 cm o C7) 4.1 22 E: v cl$ m 05 CY) d) -cp '0 f" (X5 C�l� cg ��= = arekF cn C 6 r.- ° L.— Ll M 03 C= A, T' raa 1- CA M act m d Cuear .1.1r.� J5 m" err c%T ase qmn ars csa air am a:: i.7 Z.1 P, A E. F3 2 m E -S."V E -4; E -'r5 ih 'T"l 13 C-11 'm (D CR w 2 UI AR W uuu C., u 12 5 E �S cua 'R 1�i aur xEu r Q S-5 tm E' c's fi Cv 23 -M cm, 3 r 2 rz c: ch F� (D cm s) "o 0 ! , c� o 'n -'5� 2, ICE CID 0) D 4d.) 25 W uh 0 CR J= W C. . X- 'I, TE AR c: S5 0 ftR a eau 92 -E 3 c E= cp Is Col.), rz M 43 f= ;.3 EE .6= m CZ'. '-.5 9.1.. W U) as C, c- ID fro' . .cl 0 C.".� cui E., 5, w ch C.) b W F'ii 105 Z� LjI..' a. G3 r'.7) X" V.:: j .. Page 478 of 1207 n I M CD cl. s r 2, 2. 2!C. 1121 lu-M 31.1 Ag, Z�h R it �R"mowaar W I S - cg '0 Jt' ut It m ` If, 6 ' 1.2 ry M Z 0 101 " W U, 41. , ak - nryI 1, Lai on- '.. ti� T."I "' U im ?,I !r 1, Lri 1.D ED F� 2 -5 05 > U. (n 0 0 r.) . . . .... co M C:J. 10, Q1 J�%l Ql� f-lAawL T.A. M pagad, z It LU "DxuaIS An Srii � r 3." ":; ,, 0 E3 0 aua a:5 r. 15 CO ul, R. �A- �7' cz. UM m 41) .5, MT� C.0 3l 55 ") 4— a E u en al Z 25 Q-) -U5 Q E 2 o CA z 0ma 5 "7r -M E a tt,aaaFm rp c L a Mr mtla LL Z5 M ' C%S as a a ams cu cn -arca m S S"� "'n as C:Tl r Ca 4D c m 4�nro �".n �' C - " rZ E cL ?5 (On' u- 2' 0 cn tt CC tl ITS W Q'I —0 g5 c: ptff 0 '�' E asa w Zr' Er, ILE: En a) .2 '2 E aaa Cu > Im 1�71 -0o 6 as EF Cr 2 c.). ec'� cz In M 5 = w f.j" O� 0 . c". :3 �c IT W 41) no L .-I 2 S 0) IV ua 5 cm o C7) 4.1 22 E: v cl$ m 05 CY) d) -cp '0 f" (X5 C�l� cg ��= = arekF cn C 6 r.- ° L.— Ll M 03 C= A, T' raa 1- CA M act m d Cuear .1.1r.� J5 m" err c%T ase qmn ars csa air am a:: i.7 Z.1 P, A E. F3 2 m E -S."V E -4; E -'r5 ih 'T"l 13 C-11 'm (D CR w 2 UI AR W uuu C., u 12 5 E �S cua 'R 1�i aur xEu r Q S-5 tm E' c's fi Cv 23 -M cm, 3 r 2 rz c: ch F� (D cm s) "o 0 ! , c� o 'n -'5� 2, ICE CID 0) D 4d.) 25 W uh 0 CR J= W C. . X- 'I, TE AR c: S5 0 ftR a eau 92 -E 3 c E= cp Is Col.), rz M 43 f= ;.3 EE .6= m CZ'. '-.5 9.1.. W U) as C, c- ID fro' . .cl 0 C.".� cui E., 5, w ch C.) b W F'ii 105 Z� LjI..' a. G3 r'.7) X" V.:: j .. Page 478 of 1207 Opportunity OMEOWNERS - 3 Bedrooms - 2 Bathmoms -1 Car Attached Garage - Cerinic Tile Flooring -AUWoodCabinetry - Energy Efficient Appliance Package For More Information Contact Boynton III e XPi l „a lith Based Cornimunity 13evelopment Corporation 2191 Na Seaciii,est Blvd. oyntonIBeac i, IIFE,„ :33435 1:11hone: 54M...752--.030 MW W Start on the Path to Homeownershiptoday Page 479 of 1207 El rlm I I Page 480 of 1207 Ln C" z UJ .0.4 Ln LLS Im EA :) N Li CC U Lij 0 UJ r CO z • Ln Ln m LL rah >- LLI gz 0 co u 0 ®, m CL El rlm I I Page 480 of 1207 W J N i '0 •� Em oCco QW N V a O M 3 E CC LL' CL Uj W6 0 OAC V a d OC W M N 47 LU y Boynton Beach Faith Based CDC 2191 North Seacrest Blvd Boynton Beach, FL 33435 ECRWSS U.S. Postage PRST STD PAID EDDM RETAIL Local Postal Customer O 0 L- L C C C H i '0 •� Em O N M of M 47 O M Chip M 3 E .M p t a d OC +m .!L'ii, L M CL E M N 47 LU y C V .Q O ~ .w M E Q M ` t7 G7 �+ u a Lft O Q _ 3 O� L. p O t 0 o �. `� U o W O U " v o Q U M M 0 N Ln N w4 W LM Page 481 of 1207 Page 482 of 1207 111111111111;.111 1!'Kllll 17 I III 2191 N 5eacrest Blvd. Boynton Beach, FL 33435 Page 483 of 1207 Boynton Beach CDC Housing Counseling Plan HOUSING COUNSELING PLAN AMENDED 5/13/2013 Boynton Beach Community Development Corporation (Boynton Beach CDC) has been providing housing counseling services since 1999 in the Boynton Beach, FL area. It has delivered direct and support services for its clients so that they may live independently, achieve residential stability, and have the opportunity of becoming self- sufficient through homeownership. It accomplished this through intensive counseling and education, of which financial and housing counseling is a component. In 2011, Boynton Beach CDC developed a proposal to begin providing direct housing opportunities to program participants through a grant provided by the City of Boynton Beach, FL. The program will be referred to at The Boynton Beach Homeownership Program. The CDC provides housing counseling and direct housing opportunities to participants in accordance with Housing Counseling Services defined by the US Department of Housing and Urban Development. The housing counseling program has two major goals. (1) improve the quality of renter and homeowner education, (2 reduce/remove the barriers that impact a client's ability to obtain and maintain homeownership as well as prepare them for home ownership and increase their ability to become successful homeowners. SCOPE OF SERVICES • One -On -One Housing Counseling Development of Action Plan • Referrals to local housing programs • Loss Mitigation & Foreclosure Prevention • Fair Housing Education Post Purchase Counseling The majority of the agency's housing counseling activities are oriented to individuals. It also provides group counseling to groups of individuals in a class setting. Since 1999, Boynton Beach CDC has provided financial literacy and homebuyer education to over 2,500 individuals. 144 participants of the housing counseling program have realized their dream of home ownership. Boynton Beach CDC helps each individual access the type of housing they desire and can afford. The CDC also coordinate assistance through a variety of programs sponsored by various public sources such as the County, State, City and Federal government as well as other housing providers including Section 8, and various local Housing Authorities. Presently, over 120 participants are enrolled in the agency's homebuyer education program. The CDC is a CHDO (Community Housing Development Corporation) certified by the State of Florida. As a CHDO, it has developed and sold 15 new homes on scattered sites, 15 existin scattered homes, and Is presently co -developing a 21 unit new single family development with a local Habitat for Humanity affiliate. Also through a recent $1 million grant from the City of Boynton Beach, the CDC is presently acquiring foreclosed or abandoned existing homes which will undergo extensive renovations and will be sold to income eligible families. Page 484 of 1207 Boynton Beach CDC Housing Counseling Plan Boynton Beach CDC has operated its homebuyer education program in Boynton Beach, FL for more than 13 years. It has, and currently administers one program: The Homeownership Program that incorporates housing counseling and a first-time homebuyer program. The homeownership program has two staff member; is located in a facility that meets its currents need; has the proper licenses, insurances, and up-to-date computer network necessary to provide housing counseling services of the highest quality. Staff: Job descriptions and resumes for the staff members that contribute to housing counseling activities are as follows: Title: Executive Director. Duties: Hire, train and supervise staff, design and implement all program policies and plans; maintain quality control, contract management, administer and oversee the operation of the CDC; develop and implement all strategies and procedures that accomplish the organization's goals. The Executive Director is full time 40+ hours a week, length of employment 4.5 years; knowledge of HUD programs and other community resources and is fluent in English and Creole. Title: Homebuyer Coordinator Duties: Manage housing counseling service delivery from intake to fulfillment of individual client's service plan, case management; counseling, training; organize and facilitate group counseling events/activities. The homebuyer Coordinator works full time, 40 hours per week; length of employment 10 + years; Knowledge of HUD programs and other community resources; fluent in English. Title: Project Manage - manages construction and rehab activities. Duties: Oversee construction and rehab activities, plan schedule and manage construction and rehab projects. Manage program specific budget and reporting. The Project Manager works part time, 25-30 hours per week. Length of employment: 3 years; fluent in English, Facilities: Hours of operation are 8:30 AM to 5:30 PM Monday thru Friday. The premises are fully accessible to the elderly and accessible to people with disabilities. The housing counselor has a private office. The CDC provides one-on-one counseling as well as group counseling. Files are stored in locked file cabinets with limited access. Client Mana gnjggt $ stem Boynton Beach CDC's record keeping system is not presently automated and is stored as hard copies. The CDC anticipates switching to a computerized record keeping system in the near future. The computerized system will Include a server that utilizes Windows XP Server software. The server will be connected through a wired secure network to staff computer stations. All the data in the server will be protected by a Firewall. All staff computer stations are small business grade desktops. Access to the network is password protected and a user level security system is used to grant access or not to staff according to the type of work they perform and/or need to access/read/edit or Page 485 of 1207 Boynton Beach CDC Housing Counseling Plan delete certain files. The CDC uses Fannie Mae Home Counselor Online as its database managing software. Client records are confidential. Hard copy records are kept in locked file cabinets. Staff has received client confidentiality training and understands the need for client information to be absolutely confidential. Boynton Beach CDC hereby affirm that its computer system/network and staff have or can easily acquire the capability for HUD's interface requirements relating to client management system; and, have the confidentiality awareness and training to fully comply with HUD's client confidentiality requirements. Community Resources; Boynton Beach CDC works with partners in affordable housing in order to effectively coordinate housing services. The City of Boynton Beach and other local charitable foundations provide funding for the homeownership program. The following are agencies with which the CDC works cooperatively for the provision of service to clients of its homeownership program: • Habitat for Humanity of South Palm Beach County • Delray Beach Housing Authority Family Self -Sufficiency Program & Section 8 Homeownership Program • Palm Beach County Housing Authority Family Self -Sufficiency Program & Section 8 Homeownership Program is West Palm Beach Housing Authority Family Self -Sufficiency Program & Section 8 Homeownership Program City of Boynton Beach Delray Beach Community Development Corporation Palm Beach County Affordable Housing Collaborative 20 plus local churches • Local Realtors • Local banks and financial institutions • Palm Beach County Affiliates and Branches; NONE Intermediar Activities; NONE PART 2- HOUSING COUNSELING WORK PLAN Target Area: The CDC provides housing counseling services in and around the City of Boynton Beach, with emphases in the area within the following zip codes: 33425, 33435, 33436, 33426, 33462, 33460, 3346., and 33463. Boynton Beach CDC serves persons of low, very low, 3 Page 486 of 1207 Boynton Beach CDC Housing Counseling Plan and moderate income, who are in need of housing, and desire to become homeowners. This target area is selected because it is the area where Boynton Beach CDC has provided services for more than 13 years, and is familiar with the problems currently facing this area and can effectively Inform, counsel and educate the community. Boynton Beach CDC provides housing counseling services to persons of all socioeconomic, racial/ethnic backgrounds and with varying age and abilities. Our staff is well experienced in serving a diverse group of individuals/families. Descri dons of Services Since its inception, Boynton Beach CDC has focused on helping individuals and families overcome the obstacles of homeownership. Since that time, Boynton Beach CDC has provided housing counseling services to the target community. We offer one-on-one as well as group counseling through the homeownership program. Classes range from pre - homeownership, money management, budgeting and home maintenance. Graduates of the program are eligible to apply and qualify for a mortgage to purchase a home of their choice. Over the past thirteen years, Boynton Beach CDC has made a positive impact on the community by providing a comprehensive homeownership program to area residents. The CDC has experience in housing counseling, first-time homebuyer program, affordable housing development (new and existing), leveraging of soft second/down-payment assistance funds through the City of Boynton Beach and Palm Beach county, and minor housing rehabilitation. The housing counselor also provide guidance to clients/borrowers that help them avoid overblown appraisals, unreasonably high interest rates, unaffordable homes and repayment terms and other conditions that can result in the loss of their home or loss of equity, default and possible foreclosure. Screenin In -take: The CDC delivers one-on-one housing counseling services that are based on each individual's need. At intake, a preliminary interview is performed by the housing counselor to identify and understand the client's housing needs. The prospective client completes a background questionnaire and a short interview is conducted. If the individual wants to continue with the process and wish to purchase a home, he/she signs a consent form that allows us to perform income and employment verifications and obtain a credit report. During the intake process we gather and analyze basic information for mortgage qualification purposes as well as to determine whether the client's household will qualify for various first time home buyer programs. First time home buyer and mortgage qualification determination is based on the following: mi Household size Current housing expense Household income and sources Major debts and monthly payments Home ownership history 4 Page 487 of 1207 Boynton Beach CDC Housing Counseling Plan Individual Counseling: Individual counseling commences after review of the information provided at intake is complete and analysis of the applicant's credit history. Three types of income related documents are reviewed: • Most recent month's pay stubs • Most recent month's bank statements • Most recent year's tax return and W -2's Fate -to -face counseling covers personal credit and debit review, budget and money management, assessment of the participant's mortgage capacity and mortgage readiness. Each applicant's mortgage capacity and mortgage readiness is determined utilizing their employment history, income, current debts and credit history. The applicant's housing expense and debt ratios are calculated and explained to the client. Finally an individualized action plan (Individual Counseling Plan) towards homeownership home is developed for each client. The plan is Individualized to each applicant and is based on the areas requiring improvement for mortgage qualification and home ownership readiness. Counseling Plan: Based on the initial Intake, an Individual Counseling Plan (ICP) will be developed to establish a course of action to meet the client's needs. The ICP is developed in conjunction with the client and Is signed by the client and the housing counselor to certify mutual acceptance of the plan. It will identify the client's Individual goals; establish the "roadmap" to achieve them; specifying the responsibilities of the client and the actions of the housing counselor which shall include counseling, referrals that are appropriate, and monitoring throughout. For example, if the applicant's credit history demonstrates repetitive late payments, the applicant's responsibilities for paying their bills on time are laid out clearly in the plan. A household budget is also developed as part of the plan. As part of the home a workbook is established for each participant. The agency has adopted the National Homeownership Standards. The counselor will set up a file for each client which shall contain the following: Client's name, address, telephone number, counselor's name, identifying information for any HUD related programs in which the client may be involved, client case number, the ICP, information and copies of any pertinent record or correspondence, log of activities and/or progress notes/conversation logs, and statement about how the participant qualifies as a client. Group Activities: Boynton Beach CDC will organize group activities or classes dealing with specific or general issues. These workshops are mandatory and are presented over multiple evenings for first time homebuyers. Attendance sheets consisting of the name address and telephone number will be maintained, as well as the signatures of each attendee. An agenda for each session will be prepared, specifying its date, time and location: the subject matters to be handled, and the name of the counselor administering the session. 5 Page 488 of 1207 Boynton Beach CDC Housing Counseling Plan The areas of focus of the group workshops include but not limited to: Money management that includes budgeting Pros and cons of home ownership • Fair Housing • The steps to home buying • Understanding, building and maintaining good credit • Post purchase home ownership, maintenance and preservation • Banking services that include lending terms, interest rates and mortgage lending practices and products • Insurance, property taxes and escrow • Home buying and neighborhood selection process • Realtor selection The housing counselor shall be prepared to provide comprehensive counseling services regarding all stages of the housing process including have a working knowledge of HUD'S single-family and multifamily housing programs and know the rights and responsibilities of clients assisted under those programs. All pertinent HUD handbooks shall be on -hand and available to counselors for consultation. Com arghensive Housin Counselin The housing counselor will provide advice and assistance with respect to the following: vi Pre -occupancy - selections, laws, assistance, budgeting, money management, housing care/maintenance; and referrals to community resources. • Pre -purchase - HUD mortgage insurance and assistance; purchase procedures; alternatives in financing; real estate terminology; and right and responsibilities. • Default _ and Jelin uencies: Boynton Beach CDC will provide clients who are delinquent or facing delinquency on their mortgage referral assistance to resources that can assist with resolving their delinquency. All clients will be referred to appropriate credit counseling services. • Post Durchase education - the housing counselor works with clients to strengthen relations with lenders, Relators, and promote understanding of escrow funds; down payment assistance and other subsidies; grievances; alternative financing; home improvements and rehabilitation. etc. • Money management — the vast majority of individuals seeking housing counseling, need to undergo financial analysis, in order to review how the client manages his/her money and how the counselor can adequately assist him/her. This review include: income and expenses; how clients spend their monies; how a budget is created; what are the interest rates relevant to the client's case; credit and its implications; shopping for mortgages, property taxes, mortgage interest, insurance; down payments and rent escrows; and bankruptcy, The housing counselor will follow up with clients every two months (by mall, e-mail or phone call) to make sure clients are achieving their goal. If no contact is made after 90 days and several attempts to make contact, a letter of termination is mailed to the client. Thirty days from date of termination letter the client will be terminated If the client makes no effort to contact the housing counselor. On each housing counseling session an analysis of the client financial situation is noted in the file as well as a budget Page 489 of 1207 Boynton Beach CDC Housing Counseling Plan of the client financial situation. Boynton Beach CDC will document the termination of counseling, as defined in Handbook No. 7610.0, REV -4, Section 3-5, in each case. Referrals; The CDC has a strong working relationship, established throughout the years with many private and public agencies that have collaborated with the CDC in the provision of services to its client and will continue to do so with respect to clients seeking housing counseling services. Outcomes: Boynton Beach CDC provide housing counseling serve to over 100 clients annually and expects that: 80% of the clients served will report they have a better understanding of personal financial planning and/or budgeting for the home 80% of the clients served will report they have more knowledge of the programs available through federal, state and local governments 80% of the clients serve will report they have better access to resources in the community available to them mi 80% of the clients served will report that they have achieved an improved level of residential stability. Marketing & Outreach Over the years, Boynton Beach Community Development Corporation has reached out to the public through a variety of ways such as direct referral by other service agencies and government entities, festivals and fairs, outreach sessions distribution of materials through direct mail and hand delivery to churches, internet presence including website, and maintaining our advertising and marketing via the City of Boynton Beach. The City has agreed to include information on the CDC on the City's website. Other forms of marketing will Include print media such as newspaper features and event stories as well as paid newspaper advertisement, Boynton Beach CDC website and Facebook, Realtors, Housing Authorities, community forums/meetings and neighborhood associations. The CDC recognizes that marketing homeownership services is an essential part of improving homeownership in the target area Fee Schedule: Boynton Beach CDC does not charge a fee for Its counseling services, The service is free. NON-ENGLISH SPEAKING OR LIMITED ENGLISH PROFICIENCY (LEP) CLIENTS: In accordance with federal guidelines, Boynton Beach CDC will make reasonable efforts to provide or arrange for free language assistance for Its LEP clients. Boynton Beach CDCs staff will take reasonable steps to provide the opportunity for meaningful access to LEP clients who have difficulty communicating in English. If a client asks for language assistance and Boynton Beach CDC determines that the client is an LEP person and that language assistance is necessary to 7 Page 490 of 1207 Boynton Beach CDC Housing Counseling Plan provide meaningful access, Boynton CDC will make reasonable efforts to provide free language assistance. If reasonably possible, Boynton Beach CDC will provide the language assistance in the client's preferred language. The CDC will periodically assess client needs for language assistance based on requests for interpreters and/or translation, as well as the literacy skills of clients. s Page 491 of 1207 Firefox https://www.pbcgov.org/papa/Asps/PropertyDetaii/PrinterfriendlyProper... Property Detail Location Address 124 NW 11 TH AVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-19-000-0130 Subdivision LANEHARTS SUB IN Official Records Book 30522 Page 294 Sale Date MAR -2019 Legal Description LANEHARTS SUB E 50 FT OF W 456.03 FT OF LT 7 (LESS N 30 FT NW 11 TH AVE R/W) Owner Information— *Total Square Feet 0 Owners Acres 0.1550 Mailing address BOYNTON BEACH FAITH BASED COMMUNITY 2191 N SEACREST BLVD DEVELOPMENT CORP BOYNTON BEACH FL 334352289 Sales Information Tax Year 2019 Sales Date Price OR Book/Page Sale Type Owner MAR -2019 S10 30522 /00294 WARRANTY DEED BOYNTON BEACH FAITH BASED COMMUNITY JUL-2010 $10 23963 /00668 QUIT CLAIM BOYNTON BEACH CITY OF OCT -2009 $45,000 23522 / 01828 WARRANTY DEED BOYNTON BEACH CRA FEB -1995 $100 09185/ 00515 REP DEED JAN -1976 $3,500 02504 / 01260 Taxes JAN -1973 $100 02244/ 00325 WARRANTY DEED Exemption Information SO Non Ad Valorem Applicant/Owner Total tax Year Detail Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 2020 Property Information Number of Units 0 *Total Square Feet 0 Acres 0.1550 Use Code 0000 - VACANT Zoning R2 - Duplex (08-BOYNTON BEACH) Appraisals Tax Year 2019 Improvement Value $0 Land Value $21,000 Total Market Value $21,000 All values are as of January 1 st each year Assessed and Taxable Values Tax Year 2019 Assessed Value $11,693 Exemption Amount $11,693 Taxable Value $0 Taxes Tax Year 2019 Ad Valorem SO Non Ad Valorem $0 Total tax $0 Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA lofl 2018 $0 $20,117 $20,117 2018 $10,630 $10,630 $0 2017 $0 $13,874 1 $13,874 2017 $9,664 $9,664 $0 Page/AtN'r i�W Firefox PropertyDetail— Location Address 215 NE 12TH AVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-20-003.0170 Subdivision HAPPY HOME HGTS IN Official Records Book 29233 Page 466 Sale Date JUN -2017 Legal Description HAPPY HOME HEIGHTS LT 17 BLK 3 https://www.pbcgov.org/papa/Asps/PropertyDetail/PrinterfriendlyProper .. Owner Information Owners Mailing address BOYNTON BEACH FAITH BASED COMMUNITY 2191 N SEACREST BLVD DEVELOPMENT CORP BOYNTON BEACH FL 33435 2289 Sales Information Sales Date Price OR Book/Page Sale Type Owner JUN -2017 $10 29233 / 00466 WARRANTY DEED BOYNTON BEACH FAITH BASED COMMUNITY MAY -2006 $0 20868 / 01778 WARRANTY DEED BOYNTON BEACH FAITH BASED COMMUNITY JUL-2000 $0 11919 / 01 554 WARRANTY DEED BOYNTON BEACH CITY OF MAR -2000 $0 11669 / 01229 TAX DEED PALM BCH CNTY COMMISSIONERS JUL-1985 $100 04627 / 00298 SUMMARY ORDER Exemption Information Applicant/Owner Year Detail 2020 Property Information Number of Units 1 'Total Square Feet 1410 Acres 0.0916 8 Use Code 0100 - SINGLE FAMILY Zoning R2 - Duplex (08-BOYNTON BEACH) Appraisals Tax Year 2019 2018 2017 Improvement Value $0 $0 $0 Land Value $21,000 $20,117 $13,874 Total Market Value $21,000 $20,117 $13,874 All values are as of January 1st each year Assessed and Taxable Values Tax Year 2019 2018 2017 Assessed Value S21,000 $20,117 S13,874 Exemption Amount S21,000 $20,117 $ 0 Taxable Value s0 $0 $13,874 Taxes Tax Year 2019 2018 2017 Ad Valorem $0 $0 $296 Non Ad Valorem $0 $0 $0 Total tax $0 $0 $296 Dorothy lacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 1 of 1 Pagei.AnmK 41:2,07m Firefox https://www.pbegov.org/papa/Asps/PropertyDetail/Printerfriend]yProper... Property Detail --___-_—____e-_____ Location Address NE 12TH AVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-20-003-0180 Subdivision HAPPY HOME HGTS IN Official Records Book 29233 Page 466 Sale Date JUN -2017 Legal Description HAPPY HOME HEIGHTS LT 18 BLK 3 Owner Information– Mailing address Owners 2191 N SEACREST BLVD BOYNTON BEACH FAITH BASED COMMUNITY DLV BOYNTON BEACH FL 33435 2289 Sales Information Sales Date Price OR Book/Page Sale Type Owner JUN -2017 S10 29233 / 00466 WARRANTY DEED BOYNTON BEACH FAITH BASED COMMUNITY DEV MAY -2006 s0 20868 / 01778 WARRANTY DEED R M LEE COMMUNITY DEVELOPMENT CENTER INC FEB -2003 $0 14821 / 01805 QUIT CLAIM BOYNTON BEACH CITY OF MAY -2000 so 12022 /00038 TAX DEED PALM BEACH COUNTY DEC -1984 $2,200 04438 /01392 QUIT CLAIM Exemption Information Applicant/Owner Year Detail 2020 Property Information Number of Units 0 *Total Square Feet 0 Acres 0.0916 Use Code 0000 - VACANT Zoning R2 - Duplex (08-BOYNTON BEACH ) Appraisals Tax Year 2019 2018 2017 Improvement Value s0 so $o Land Value $21,000 $20,117 $13,874 Total Market Value $21,000 $20,117 $13, 874 All values are as of January I st each year ssessed and Taxable Values Tax Year 2019 2018 2017 Assessed Value $21,000 $20,117 $13,874 Exemption Amount $21,000 $20,117 $ 0 Taxable Value $o $0 $13,874 Taxes Tax Year 2019 2018 2017 Ad Valorem s0 s0 $296 Non Ad valorem $o $0 $o Total tax $0 $0 $296 Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 1 of 1 Pag4/4@40W, 4:2Z),TM Firefox Property Detail - Owner Information https://www.pbcgov.org/papa/Asps/PropertyDetail/PrinterfriendlyProper... Location Address 124 NW 11TH AVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-19-000-0130 Subdivision LANEHARTS SUB IN Official Records Book 30522 Page 294 Sale Date MAR -2019 Legal Description LANEHARTS SUB E 50 FT OF W 456.03 FT OF LT 7 (LESS N 30 FT NW 1 1 TH AVE R/W) Owners BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP Assessed Value Sales Information Exemption Amount Sales Date Price OR Book/Page MAR -2019 $10 30522 /00294 JUL-2010 $10 23963 /00668 OCT -2009 $45,000 23522 /01828 FEB -1995 $100 09185 / 00515 JAN -1976 $3,500 02504 /011260 JAN -1973 $100 02244 /00325 Exemption Information Applicant/Owner Property Information Mailing address 2191 N SEACREST BLVD BOYNTON BEACH FL 33435 2289 Sale Type Owner WARRANTY DEED BOYNTON BEACH FAITH BASED COMMUNITY QUIT CLAIM BOYNTON BEACH CITY OF WARRANTY DEED BOYNTON BEACH CRA REP DEED WARRANTY DEED Year Detail 2020 Number of Units 0 *Total Square Feet 0 Acres 0.1550 Use Code 0000 - VACANT Zoning R2 - Duplex ( 08-BOYNTON BEACH ) Appraisals Tax Year 2019 Improvement Value $0 Land Value $21,000 Total Market Value $21,000 All values are as of)anuary Ist each year Assessed and Taxable Values Tax Year 2019 Assessed Value $11,693 Exemption Amount $11,693 Taxable Value $0 Taxes Tax Year 2019 Ad Valorem $0 Non Ad Valorem $0 Total tax $o Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 2018 $0 $20,117 $20,117 2018 $10,630 $10,630 $o 2018 $0 s0 $0 2017 $0 $13,8741 $13,874 2017 $9,664 $9,664 $o 1 of 1 Page449909, 42@-Aul Firefox Property Detail Location Address Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-39-000-0050 Subdivision LANEHARTS SUBDIVISION REPLAT NO 1 Official Records Book 30522 Page 294 Sale Date MAR -2019 Legal Description LANEHARTS SUBDIVISION REPLAT NO 1 LT 5 https://www.pbcgov.org/papa/Asps/PropertyDetai l/Printerfri endlyProper... Owner Information Owners Mailing address BOYNTON BEACH FAITH BASED COMM 2191 N SEACREST BLVD DEV CORP BOYNTON BEACH FL 33435 2289 Sales Information Sales Date Price OR Book/Page Sale Type Owner MAR -2019 S10 30522/ 00294 WARRANTY DEED BOYNTON BEACH FAITH BASED COMM Exemption Information Applicant/Owner Year Detail 2020 Property Information Number of Units *Total Square Feet 0 Acres Use Code 0000 VACANT Zoning - Appraisals Tax Year 2019 2018 2017 Improvement Value s0 $0 s0 Land Value $25,000 s0 SO Total Market Value $25,000 s0 $0 All values are as of January 1 st each year Assessed and Taxable Values Tax Year 2019 2018 2017 Assessed Value $25,000 $0 $0 Exemption Amount $25,000 $0 $0 Taxable Value $0 $0 s0 Taxes Tax Year 2019 2018 2017 Ad Valorem $0 $0 $0 Non Ad Valorem s0 $0 $0 Total tax s0 s0 $0 Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA 1 of l Page44962°&14.03YM Firefox https://www.pbcgov.org/papa/Asps/PropertyDetail/PrinterfriendlyProper... (Property Detail Location Address 128 NW 11 TH AVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-19-000-0120 Subdivision LANEHARTS SUB IN Official Records Book 30522 Page 294 Sale Date MAR -2019 Legal Description LANEHARTS SUB E 50 FT OF W 406.03 FT OF LT 7 (LESS N 30 FT NW 1 1TH AVE R/W) Owner Information Mailing address 2191 N SEACREST BLVD BOYNTON BEACH FL 33435 2289 Sales Information Sales Date Price OR Book/Page Sale Type Owner MAR -2019 $10 30522 /00294 WARRANTY DEED BOYNTON BEACH FAITH BASED COMMUNITY APR -2018 s0 29784 /01433 WARRANTY DEED BOYNTON BEACH CITY OF JAN -2017 $32,000 28833 /00270 WARRANTY DEED BOYNTON BEACH CRA Exemption Information Applicant/Owner Year Detail IL 2020 Property Information Number of Units 0 *Total Square Feet 0 Acres 0.1550 Use Code 0000 - VACANT Zoning R2 - Duplex (08-BOYNTON BEACH ) ,Appraisals Tax Year 2019 2018 2017 Improvement Value s0 $0 $0 Land Value $21,000 $20,117 $13,874 Total Market Value $21,000 $ 20,117 $13,874 All values are as o/January I st each year Assessed and Taxable Values Tax Year 2019 2018 2017 Assessed Value $21,000 $20,117 $9,6641 Exemption Amount $21,000 $20,117 $ 0 Taxable Value $0 $0 $9,6641 Taxes Tax Year 2019 2018 2017 Ad Valorem s0 s0 $235 Non Ad Valorem s0 SO $0 Total tax $0 $0 $235 Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA I of 1 Pages/4100?ff, 4-2m:M .._. _ -'''. �r'�'"4s'_",s.�:�. r ^ V .�oae '•' (`i�srsa�aam x°�zw,�rrPc�arq- e.YDGi•"w••..,...„ .._ p�^w n ti 4h�u° R IIAf; ,pµ, µp 1 N"II'E � m � 9 mm Ow 0 0 - pp q� M II II t uk� llT R'M'o �Au u YI v� _ .m �' 0 ��• k ,� � �II'fl wtl 6 � .I.�..� IOOI �^ .. _ " wux en � 9C0" ttMA�dRR'FA'dd'F' U m �$ � II ,� � fatr.c+..xrssd•seg. a^.Axca�.k_.. i ,w � '�ti �: tl' C.F Wkf L".dP yi I. NL 0 II wI� 0 t " r> W.j A^ , y� IS I ay IIS II P^y ply IP'il .�'" n. mom— A e.5 to r— ,..p i u 1,11 n man IIIIIIIIIIMIR ...........,— _ ". ... YFVGCN a ....aapiW�'b .�Qd 3XY IM' N W WM m dlfW Yk"x5"UI Page 498 of 1207 "As -Is" Property Condition Acknowledgment SeHer: City of Boynton Beach, a Florida municipal corporation Buyer: Boynton Reach Faith Based Community Development Corporation, a Florida Non Profit corporation Property: 144 & 146 NW 11th Ave. and, Lots 3-5 of Lanebarts Sub, Boynton Beach, FL 33425 Closing Date: April 4,2019 Loan Number: File Number: 2019-025 Buyer hereby certifies that Buyer has investigated the adequacy and conditions of the above referenced property and is satisfied with the "as4s" condition. Buver is awma ftRuma- MVI*V- �c, I I I "I I'll 11 A The above is certified to be true and correct. Buyer shall include. singular or plural as the context so requires or admits. Boynton B, 11 ' ith Based Community Development Corpora . n, a F a of ofit corporation BY. Kettiral Jo It E ;cutive —Director (Corporate Seal) DoubleTime® Page 499 of 1207 Dr.Denise Waites Legal Assistant Donis A, Roberts, P.A. 257 SE Martin jj # .N 'ulevard �, Belle " it 561-993-0990 File Number, 2019-025 Will Call No.: ��_ _.......�.�_ ...._ ........... L5 Above This Line For Recuding TIT WW1A,(Qdi ,., A ,r L Boynton Beach Faith Band Community Development Corporation, a Florida Non Profit t","wfollowing described propertyfrom ' " o ,I 1;" Beach, ;_ ;:I',r municipal corporation ' „ to Wit: Parcel vr „n, Book 126, Page 14, Public Records of Palm Beach County, Florida. W Book 126, Page 14, Public Records of Palm Beach County, Florida. Parcel Lanehart's Subdivision Book 126, Page 14, Public Records of Palm Reach County, Florida. Parcel r, East #, feet of the West 406.03 feet of Lot 7, Win. M. Lanebarts to the f;'„' thereofrecorded in P,F Book 1, Page 35, Public Itecords o Palm ""i",Beach Florida. Parcel 5: The East 50 feet of the West 456.03 feet of Lot 7, Win. M. Laneharts Sabd]vLwf1-n,-wT=4x&- to the plat thereof as recorded in Plat Book 1, Page 35, Public Records of Palm Beach County, Flori1i's,. 1 All recording references set fbrth herein are to the Public Records of Palm Beach County, Florida, noted. "Affiant", "Seller" and "Buyer" include singular or plural as context so requires or admits. This afffifidavit is giv for the purpose of clearing any possible question or objection to the title to the above referenced property and, for purpose of inducing Donis A. Roberts, PA. and Old Republic National Title Insurance Company to issue t 1 -1 insurance on the subject propert)4 with the knowledge that , relyingid title companies are upon the statements set foherein. Buyer hereby holds Donis A. Roberts, P.A. and Old Republic National Title Insurance Company harmle Page 500 of 1207 and fUlly indemnifies same (including but not limited to attorneys' fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and oilier litigation expenses) wh respect to the matters set forth herein, Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true. 'a No Profit corporation h, � xecutive Director (Corporate Sea]) NOW" W1114"I [Notary Seal] N;iaiy"Pb1e Printed Name: Title Vd-it Over) - Page 2 File Number. 2019-025 DoubleTime® Page 501 of 1207 Property Detail Location Address 550 NW 12TH AVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-14-000-3710 Subdivision CHERRY HILLS Official Records Book 29029 Page 400 Sale Date MAR -2017 Legal Description CHERRY HILLS LTS 371 TO 373 INC Owner Information Owners 2017 *Total Square Feet 3184 BOYNTON BEACH FAITH BASED COMMUNITY DEVE Acres 0.1753 Sales Information Use Code 0800 - MULTIFAMILY < 10 UNITS $154,415 Sales Date Price OR Book/Page Sale Type MAR -2017 $160,000 29029/ 00400 WARRANTY DEED MAY -2005 $10 18541 / 01946 QUIT CLAIM JAN -1978 $42,500 02991 / 00705 $200,255 JAN -1971 $2,100 01876/ 00465 WARRANTY DEED JAN -1969 $1,000 01819 / 01200 WARRANTY DEED Exemption Information Exemption Amount $170,474 Applicant/Owner $0 Year Tax Year 2020 Property Information Mailing address 2191 N SEACREST BLVD BOYNTON BEACH FL 33435 2289 Owner BOYNTON BEACH FAITH BASED COMMUNITY DEVE LASSITER CONSTANCE S Detail Number of Units 4 2017 *Total Square Feet 3184 $128,415 Acres 0.1753 $26,000 Use Code 0800 - MULTIFAMILY < 10 UNITS $154,415 Zoning R2 - Duplex (08-BOYNTON BEACH i 2017 Appraisals $2,726 Tax Year 2019 Improvement Value $171,695 Land Value $28,560 Total Market Value $200,255 All values are as of January ist each year Assessed and Taxable Values Tax Year 2019 Assessed Value $170,474 Exemption Amount $170,474 Taxable Value $0 Taxes Tax Year 2019 Ad Valorem $0 Non Ad Valorem $ 868 Total tax $868 Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbogov.org/PAPA 2018 2017 $126,376 $128,415 $ 28,600 $26,000 $154,976 $154,415 2018 2017 $154,976 $115,251 $154,976 $0 $0 $115,251 2018 2017 $0 $2,726 $872 $872 $872 $3,598 Page 502 of 1207 Property Detail - Location Address 1507 NE 15TH CT Municipality BOYNTON BEACH Parcel Control Number 08-43-45.21.02.016.0170 Subdivision FIRST ADD TO ROLLING GREEN Official Records Book 30082 Page 568 Sale Date AUG -2018 Legal Description 1 ST ADD TO ROLLING GREEN LT 17 BILK 16 Owner Information Owners BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORP Sales Information Exemption Information Applicant/Owner Property Information Mailing address 2191 N SEAC REST BLVD BOYNTON BEACH FL 33435 2289 No Sales Information Available. Year Detail 2020 Number of Units 1 *Total Square Feet 1679 Acres 0. 15 83 Use Code 0100 - SINGLE FAMILY Zoning RI - Single Family (08-BOYNTON BEACH ) Appraisals Tax Year 2019 2018 2017 Improvement Value $108,323 $98,1 B8 $85,964 Land Value $40,000 $19,324 $14,865 Total Market Value $148,323 $117,512 $100,829 All values are as of January Ist each year Assessed and Taxable Values— Tax Year 2019 2018 2017 Assessed Value $148,323 $38,851 $38,052 Exemption Amount $148,323 $25,000 $25,000 Taxable Value SO $13,851 $13,052 Taxes __,.._... Tax Year 2019 2018 2017 Ad Valorem $0 $292 $279 Non Ad Valorem $295 $295 $292 Total tax $295 $587 $571 Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 503 of 1207 DEMO REBUILD Page 504 of 1207 NEWCONSTRUCTION, Page 505 of 1207 v CD S S CL oQ o 0 a C o C C 0 C 0o r on n n j0 Nei In fA V VN9 669 6N9 b4 "O N N O O G7 l� 00 CD ry O V1 N 7 N N � 00 N d B E o U V U a� U U v v U Ln cn Cn M *u N O v1 O r 0 O p O M p 0 p00 oNo 00 vt N b69 0 - O N G b p 0 Op O Y N C � V V3 N 69 r N fA 69 N 00 � N .mac CL 0 v U�V a'AU U o esi V�o ami ov A Z z U Q [-o < FC F QEF^ Q C]zF QEF r O O N O D CD CD d Nl M N O O N C14N 00 nN 00 M O N �EA� cAd�7 W n N 7 cLtl��h L cLd H9 N U d a N y GLJ y a L N N QJ N N y a) m oa`Q oa`Aa`Q oa`Q�w`o Ln f6 U L' G N a� i+ N N ti y y L y y u d Q R cd ttl • tE t3 y cd •y 2 v E H t3 cO :3 Y a Do ¢P°P° c' ¢P°P. o" F dP..P. F daa°.Q F <P..a U C Q C tn LL. L C �' i y C Q z z CL$ LE H z z z z Q x >U x ¢a Hz F.x oa a ox a x3 a°� CD¢ a O NCC M .a N 4►1 cu PC CL 0 L a Page 506 of 1207 n N NN 00 S o 0 0 oo 0 o O (Z N 0 N 10 0 0 00 W N N M 0 C 110 O O N a a a a a a U v U a) U 0 U ° y U m U 0 U v is on i* cn m rA iv W� O id cn its CA iC Ln w 00 M � N W O\CD N 59 O bs vj oo r � 0 o m i..i Y . z U U U e+ O U u�9 O ❑ O V 0 0 U q Nom_ O V U O = U Y O V> 2 Q O U '� O ti0 o m o o �° .N m❑ — =� c r U� 3 a Qu F° P' ZU Z U ani 0L) «itl Q0.F° Q0. z n � r O N o0 0 � O N 0 0 O N L 6436 O O O O O O O _ = c Mc ° G j° r U o o y h °' c G° � ops I'gsr Ca Qa'.a'. zU z� dz daa da°.a°, zU z z z z z z z ULLI= 2 x m i U W w= ) U W W V W 0❑ m U W Q O J mLn F m a m H V) CoZ W O J LL Y J m �o 3 Oto N �o 0d ►-o ^ Wz 00z 3 wz W a N m o 0 O ko 0 � z m 0Ln CO cm Q cQnj Page 507 of 1207 C> 0 0 N N 0 Q b9 W O N 00 N W O z M z z z z d d > G bD G C O U U abi U h ,C c 0 z O F O O M � cD cD � DA C O� O j a^ M m M " a N oo a N F�D O U v M 0 M b9 c) 69 �5 O m O 0. c U p U 69 E a o d V V vt $ O V9 O Q O O y U C +-' p U G U p ai O 7 O O UQ U O Npfa a. U d 0 D> tipp UQ U N ��Ca Ugum U 3 cam a� o q 0 ''3 �� N o 0 c�5 w a� O ar ° m1? `� 0 v a e cs z VaF zUaF QC4F 0 o Q cG O axH �j fk F (L p 10 N n O Oo o Op O O N .�. N .�. a. o n fV O T .n. N o6c) M 7 _ N N ,,,',,� \O O O, U a O OOl V '0 69� S d9 M M O yyy p a p a ffl V Q N GJ a0+ y y " U AsA oaG� oa o oaQ o Q W U 0 O v U 7 td v d y y c W y C d U y E zUa zaa ¢a c ¢aa da a Q U da a� z z z z z z z z i Lu Lu aw ¢w ow > ?Q as > as Qa as pa s 0.1 F P7 w r m z co N m N m �O m Z V z z Z 30 30 Q ZFO wOF z ZOO �OF Z WCp z LLIN0 z ,n Z z 7)0 �❑ m NO m NO m Ln0 N m �Q Qa N ❑ Page 508 of 1207 f w O E rh z Page 509 of 1207 C 0 0 0 o g a I o CD 'z te 64 fA GS 6% N o00 N O N O N 1� M > N N c rn o U U V v �o rn o Z x d d cn _........ d v WW ........... m in d cn o m 0 0 O'n 00 vj c cnn� c- ds �o 06 o us mo o ss p, o 63 U� U U U V V U U .V. U Gji 10 N d N VUp 0 w 0 0 oo 0 oo 0 N N N N O O ao � oo oo N U N C F U y •� dQ dQ QA'Q Z 6 o Z Z z z v oLuc m J < z m U LL ao Q m Q m C u m Ln v ca m N co m C O d ',......... O� O0 W p m p m cco E In ' p O m m Ln O p 0 ft m a1 d N O O O '',.. p 00 CO � V V ca V m Ln N cn oo H f w O E rh z Page 509 of 1207 �I M m E O C O IraL 4A C O V 3 as z N O N N Page 510 of 1207 O oO m O O O O O O O O O Ln O Ln O -e V O I� O n LO 0o N I - h O r O c� LO r` M o O o r o - Ln CO Ln 't o O o Li) Lo N CO � u] CA v CO o L' O a0 O CT ''.. O /_ LD Ld Lc OV LA u7 O CO N M '... O N M co V co co Ln �• C3� CO m N m CA Z I� t• ''. M M LS Mr O N . --L lil L, N Oi J J � � Q v3 69 69 v3 6o9 v3 v3 v3 614 f!i ffi v3 6-3 fr3 ea di 69, v3 69 69 v3 61% 69 163 69 163 69 O O OO f` O O O O O O O O O O O O m O O O O O CO N O a0 CO '.... O O O CO O O Lo M Ln O O C7 O Ln LO N Lo CO LO I" C3) OD O O LO n (O (O 00 O (o LO •C Lo ti (D co o M cod' u) O M' N I� CD V LO m M M co Q) LOO co CO co o O Ln O Lo Ln CV to Il- OO M G O H 69 EA v3 69 E!7 v3 v3 v3 v3 v3 v3 6'i fo% 69t4 v3 69 v3 v) EA v3 EA (A 69 69 v3 69 O OO co O O O O O O O O O O O O co co Or- n M O O O O O LO I� M O OD M O O O N O M LO m Lo M m co O LO v) n Lo LO of N LL] co r- N O (D O Lf) lD u) Lf] L() CD (7 N u7 O N N LV N LO N ',, M V N N Lf) N O(Oo N o N 6h 63 613 69 fA 69 v3 '... 613 v3 63 69 '... 6? Cf3 69 6'i 69 vi vi v-? 69 03 v% 69 OO CO O (D O '. O O O O O O O O O 0 O O O (D (D N O O ' ' ' . O O W N LYJ I� ti O O O n0 O N O O O ' O O '.. O O O O O N O O O CO OD O v CO O O V O Ln f� O O OO O N N t` O (D OO u) M CO Ln O I --N LO N LO O CO N OD O CO O M M M C M O O F � O 4A v3 v3 E9 v3 v3 v3 EA 6R f -A 69 '', EA v3 v3 v3 v3 v3 6% H) 69 vd vi EF3 v3 v3 v3 v3 o o V O V O O o O C3, o o o O O O o 0 o V CO O O ' ' O O N M N CO ch o O O O N O Mm u) Le M O co O LO LO ti Lt) LO LC') N LC) (D I� N (.D O O Ln ti oc N N r- Lo N N O N J M LL OoD V N N N a la a M m O U ,v#) 4l9 a q cAR ara o9 v v) Vv '.. to r(fia u) Vx lwj iA e�l G,Sl vfi to v+ l fAl 05 4,o 0,31 kn ZIRLo o N O cl) m C o O N 7 20' O � O N C N LL. w J N C U �,,.J cn f` LT C ',, m N U O LL W Q O a OU m E Ln a O7 ,, c c .y W U O ~T _ U d N y CU O T C (6 a J `•r7 O N O N LL C tC w •C L� O 2 O CO a O 3 NO C a O O L6 N C U O d In G O O N H z ¢ U CO W ¢ H U S d W Q W cn J Q d cn U N O U 'Ls w � cc CD � J O7 � = O N 40 cn W N O R N O C O O d LU 2 O - '.... O C N R O O O C O ''.... O Page 510 of 1207 0 0 0 0 0 0 0 0 a 0 o O r N LO O LO N O L n N O O N — N EA 69 69 fR EH b4 A CD 3 N N lfI O lI') 1� O O O O N W Page 511 of 1207 ,N A CD 3 N OCD O O O O O N W N cD N dc N N o M� W m p 0 o a E9 Vil e,4 Ef3 H3 4& a °0 0 0 0 0 c � o _ OD N A� W O tR en 6s E9 d9 M ',, O O O O O O L N N CO N O OD N NN C O 3 I6c,6qQ6%(.s a, z wl N O N rn rn 'Q LL1. o d fn r C � d U d J U Page 511 of 1207 ,N A 3 N 7 N W E dc o m p 0 o a Page 511 of 1207 Page 512 of 1207 1 1 1 1 1 1 1 I 1 I 1 1 I I I I 1 I O 1 1 I p p c O 0'', O Y N N N 0 M O O O O LO O O O O O ' O ' ' 00 O W) 00 4) O O O O LO O O O CO N 0 0 00 OD r N O O 0 It y O O M M CO O Ln LO N I� LO I� O O r (D CO O O O 1� LL 0) 00 r I'- U) CD M M LO N I� d N LO M N r d M r 0 d 1 1 O I Q 1 O 1 1 1 1 1 O O ' ' 0 O O ' O O ' 0 O O O O O O N O O O 00 CA W 0 O 00 00 t` O ti N 00 f- 00 O 00 CAti CO It N 0) r LO LO CV N 00 c N M M CO r O) .N CI � m "I'll, '. '. '... _ O 1 11 ' 1 1 1 1 ' 1 ' 1 1 I' 1 Q C i+ LI W L+LO 0) _ ti 000 A y/O O...0 O O O O CD 1 1 1 p p O O O LOO 0 0' 000_ ti O O CD 04 N 00 N M N O N N r v N O E cn 0 co 0 0 O O LO LO O O O COO N 0 0 0 0 0 0 0 0 O O O O'0 w r J O O O O In r CD O to Vi N ti N O tO CA N LO O f� In O O ti 00 lC� N �' CD M Cl H N r N M' NO O N r CO H }N LJ.. CA C U ? rn OL W U J = U W c O CO a) C d m Q 0) m (n U C) 0) CL co U -a LU c �a a? m o mw o� . m m a� CO c c = o p U 0 U a (0 to m U m m O` R m >, a� - c o w c c o 4) C a~ a s N c c Z, � m— a r m y •y rn �+ .N C n O W O 7 0) C 'E L~ i 'v 0) Q_ Cl •S N N m [1 _ 0) 0) O) 0) US � a0 m e �° d rn 2 - o v, E�> o 0 0 m 'm E +° }° 000��w�a`a°v�¢mo=F°- ILwz_¢_m� Page 512 of 1207 2 Q W Z 0 Z O m r N O N O N LL Page 513 of 1207 O 1 I I O O 0 00 C O O O i N N N C 1 0 1 Z O O M en LM 0 0 0 0 In 0 0 0 0 0 0 O I I O O U) 00 O' Q p O O 00 O M Ln M tD coo O v1 Ln l0 N N 1- O N^ 0 O 0 In 00 .--1 -4 t0 O H H � 00 a 4 N to l0 M M V1 Nr-: '.. r 44 N lD L6 O N O d G) LL r1 GJ LL O I O I Q 1 1 1 1 0 0' 0 0 0 ' O O O O ' c O O O 00 O 00 O t- O O N n O N M 00 O n 00 0o Ol O C1 00 oo I� '., -CF N C �--1 Ln Ln N' r c C N m SFA 3 O A 1 O'., O c C13 i O Ln 1n (� O Lrd L IA a+ i l M O ,L^ V }1 O O O'' 0 0 O O O O O O O O O V C 0 14 00 N O ',,. M O 00 lG 0 N 06O QN -4 rl� V N m D U O O O O O,M cn O O O O u) O,O O O O O O 0 O O,O Ln 00 O O 00 O O O O p In Ln Ln O O O O lD (V 0 N 0 0 0 0 01 0 0 00 00 .-1 %p Lr Lr N r% f\ O v1 N 1n N IT "I r1i N LD N M' M In N N'''. e -I r"I t• -I 00 � '.. —1-1 .moi ai N Ln 00 N lD M,. H t0 H bA O O � U J z Cl) In c CWC G LO tto 4 � U c CL +, d rncl L 7 f0 Y C OU c c � X O W i y o U a� c C W '� r_ cu rn v 7 N U co c O 4J L C7 Z o o o a 0) Y a 0iS 4� m �, b4 @ to d Z C (D CU >, ° i O o O o 7 c G) o c c N a O a O O, a c'� c �_ Y s a� o (n 0 E v� � :_ L c a� � ai B H U cc LV o aJ •� . E a +� is W _ -a a ai a '� ;� o rn a- ,,,, E a a m •� �a ++ i0 ++ O 3 d L ami O O 'D c N rf0, ~ 7 d — +' o 1�'il (0 > m ",. 7 ` O L O ,, L ro L O O O N O N a X W== Q 0! ca = o O Q O Q, J 1 ''.., W D >` 0. O o. O U J Q m O O. d '., H _ Z Page 513 of 1207 V V Q W caZ 0 Z O m T N O N O N LL Page 514 of 1207 0 0 N C N � C O to U � CL 00 O > 01 W D � cn C 0 %0 d + O Ln n oC L t7 O N Q 00 m N U 00 dM t O 0 0 0 0 0 0 u1 Ln O n ei 0rn0u, 0m00Ln Lr! n0,1,R o 01 N 00 �� O' 01 'M i Lf) m U) 0; rn� o�� w 0 U) 00 ri rn � ri eri ni N Q1 C N rq s U � f6 O O O O p O o O U ++ O +O+' 00 0 Ln = OCl U = -p �n \ c m C th ihL �J 0 u CL O U C CO Q OOC OSS > ++ 7 +, ++ p' co ba LA O p y �= O Z r4 C O D O U (n it w C Z ,n U ML- w C ++ dA m C O C O C,LL O U O `-' T x H C •N C 4�4 v rr_" v v 3 o_o o + a, 5 >, >, v o a, wo V i i a 0 Z H U_ Ln t v Q 2 Q cn > +_�+ O .!R C C C> cr to C C p p +c0+ +�+ +�+ U 0'H U I M CL H H J U'U ll Q Q COC J a' a Q FO- Page 514 of 1207 Page 515 of 1207 N C O U H d d U. d U OooOOOOo CD O000 O U?O OLn O lD UnU'j0 f` '.CD I.Q. 0 co N OOOOI M NCO r --O r— Co O' N r r 0 LC? O N t N O O O { O OCD U O 0 O O y + 00 d E 6s 09 m CL 1 V 0 N L N O j0, C w , 0) 00 += C 1 a N', O D LO co CD c' N c c cu M = N ='V ca mi c 1 s M c6 > 0 >• o a~ °) D N_ _ 1 v c aim, c_ O: 2L ea �+ o to r 0 ¢ _j a =) a ¢ s- s - Page 516 of 1207 BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION POST OFFICE BOX 337 o BOYNI'ON BEACH, FL 33425.0337 2191 NO, SEACR M BLVD. ® BOYNT'ON BEACH, FL 33435 PHONE (561) 752-0303 o FAX (561) 244-5046 LIST OF PRINCIPAL STAFF 1. Keturah Joseph Executive Director Milind Chokshi Accountant Carmelita Smith Project Manager 4. James Horne Homebuyer counselor Page 517 of 1207 Coon ID Con E UJ ,. H ., MO E LO Er' x cn ES a r' rte►�,0-8 *s', .- Page 518 of 1207 p chi 9 Z r N N I r► U_ IB v uj 6 chi 9 Z r N N t� r] M Page 519 of 1207 I r► U_ IB v � N Edi U 'O m ❑ CL E ID i c C as � W � S 7+ g �N! .� ❑ t� r] M Page 519 of 1207 A Date: A!p!py h. omeless? o Yes 0 No. H01 Lasthlame First Name Application for Services Date of Birth Phone No, Employer Name Phone 111m Emergency Contact Rebtlosiship contact Phone No. Please check one or mofe of the Wptopdafe boxes to indicate your resoonse forstaildcaputposes only. Rece. 0 Aftican American or Black OWhKe 0 American Indian or Alaskan 0 NatiweHiRwailaniPacific Islander 00ther Ethrildly- 0 Hispanic ftin Gander 0 Male i 0 Female 0 Other Citizenship. U.S. Men? 0 Yes [:]No. If no, Birthplace veteran? 0 Yes ONO Marital SWUV 0 Ma�iisdl 0 Single El Divorced 0 Separated 0 Widowed Education: Highest level completed, ! E-Mailk 13 t 0 1 OOLI 1 th grade 0 12th diploma/GED/no diploma 0 College graduate / �orne college 0 Post -graduate study MONTHLY INCOME: Income Type- 0 Unemployment 0 Employment 0 Disabled/Physically Disabled1tilentally Beneft Rec'd: 0 S�l / SSD $_,,,, _ _ 13 Unemployment $_ 0 Child Support 0 Alimony 0 Food Stamps $___ 0 DCF Cash $�_ [I WIC 0 Other Health Insurance: 0 Medicaid 0 Medicare 0 None El Other If unemployed, what was your position in your last job? Howlong? Ir Nqme RRIVOLOAPAIP 20-6_ lender Schpio Attending BAN 00Q2'TTTW7—Mns evidence ot current or potential child abuse or neglect, contains evidence of potential harm to'othere, or me; andlor required as evidence in a court case. Signature Team Member Signature Providing Paths to Achievement - Budging Bridges Within Diverse Communities" A pry of Boynton H�h Faith Band Cammunity Day. Cotp (Boynton Beach CDC.) Page 520 of 1207 A 501(uX3) nonigofit ease poration. Praviding Paths to Achievement — P.O. Box 337 Boynton Beach, FL 33425 Phone: (56 t) 600-8925 Fax: (56 t) 244-5046 E--malhFARTHER greachCeawilcom MON TUES WED& THURS 1 FRI SAT VOLUNTEERS, WE Need You! Page 521 of 1207 m on 111A7 Project - 2.00 pm Computer Training Needed) I CSR Mobile Library i GED Preparation (Sign up only} rnunity out ch (Sign-up Only) ACCESS Food Stamps ACCESS Food Stamps (Volunteers N rad) PL E NOTE: ACCESS Food Stamps Community Outreach days, e 11:00am-2:00pm (Volunteers Needed) mmun' Dutra CESS 0 d Stamps t respond to calls on Community Outreach 12:00 Ism -1:00 pm (Volunteers Needed) 6:00 pm - 7:30 pm Fridays, (Volunteers Needed) BIRTHDAY Celebrations 1 5:00 pm - 6.00 pm Where My Sisters. At? 6:00 pm - 7:30 pm (Program Participants Only) ------- - BROTHER'S KEEPER 110.00 am - 2:00 pm 10:00 amp m - 2:00 pm 11:00 am - 2:00 pm 10:00 am - 2,00 pm :00 am - 2:00 pm MAYProject MAY Project Community Outreach MAY Project Computer Training CSR Mobile Library 11:00 am - 2:00 pm (Volunteers Needed) CSI 111obile Library GED Preparation (Sign-up Only) Community Outreach (Sign-up Only) ACCESS Food Stamps ACCESS Food Stamps (Volunteers Needed) PLEASE NOTE: ACCESS Food Stamps CSR Mobile Library 11:00 am - 2:00 pm 5.30 pm - 7:00 pm On these days, we 11:00 am - 2:00 pm (Pick-up Only) Community Outreach (Volunteers Needed) ACCESS Food Stamps 6:00 pm - 7.30 pre respond to calls on Fridays, I Community Outreach (Volunteers Needed) Community Outreach (Volunteers Needed) 6:00 Pm - 7:30 Pre Where My Slaters Ali? 6:00 pm - 7:30 pm PRISON Link .... .. ...... . ...... . . .. ...... . . HAP act_[ I Ed c Ni Y- q-.1 am - 2:00 pm 10:00 am - 2:00 pin 11:00 am - 2:00 Pin ........... 10:00 am - 2:00 pm ..... ..... 11:00 am - 2:00 ism MAY Project MOM Project i Community outreach MAY Pyoject Computer Training CSR Mobile Library 11:00 am - 2:00 pm (Volunteers Neerdead) CSR Mobile Library GED Preparation (Sign-up Only) Community Outreach (Sign-up Only) ACCESS Food Stamps 11:00 am - 2:00 Pin (Volunteers Needed) I PLEASE NOTE 11® am - 2:00 pm CSR Mobile Library Community Outreach 5:30 pm - 7.00 pm On these days, we j Community Outreach (Pick-up Only) (Volunteers Needed) ACCESS Food Stamps respond to calls on (Volunteers Needed) Community Outreach 6:00 pm - 7:30 pm 6:00 pm - 7:30 pm Fridays. i 6:00 Pm - 7:30 Pm (Volunteers Needed) (YOLP NTEER M��,flm,,,fl are �jy Sisters At? BROTHER'S KEEPER 10.00 am - 2:00 pm 10:00 am - ie6 P M . ..... . ..... ...... . .. 111:110 am ®2; pre 10-00 am - 2:00 pin MAY Project MAY Project Community Outr h MAY Project CSR Mobile Library 11:00 am - 2:00 pm (Volunteers Needed) CSR Mot& l lbrary (Sign-up Only) i 11:00 am - 2:00 Community Outreach Needed) I (Sign-up Only) pm 'Community Outreach (Volunteers 5:30 am - 7:00 pm PLEASE NOTE: On these days, we 11:00 am - 2:00 pm Community Outreach (Volunteers Needed) 6:00 - 7:30 ACCESS Food Stamps respond to calls on (Volunteers Needed) pm pm Fridays. 6:00 pm - 8:00 pre PRlSON Unk HHV Testing & Movie FOOD will be served), ....... . . . ..... sett -"2':00 pan 10.00 am - 2:00 pm 11:00 am - 2,00 Pm 10:00 am - ni -P--M" i0AY Project UAY Project Community Outreach MAY Project CSR MoUe !Jbrary 11-00 am - 2:00 pm (Volunteers Needed) CSR Mobile Library (Sign-up Only) Community Outreach PLEASE NOTE: (Sign-up Only) 11:00 am - 2:00 pm (Volunteers Needed) On these days, we i 11:00 am - 2:00 pm Community Outreach 530 Pm - 7:00 pm respond to calls on Community Outreach (Volunteers Needed)- ACCESS Food Stamp�s' Fridays, (Volunteers N ded) VOLUNTEERS, WE Need You! Page 521 of 1207 2 a LL a W m z 0 } O m z O Q O LL Z LL LL H H W Y ad cc W LL C W 2 Page 522 of 1207 W Y E O O u Y u_tv .Z u O W Z C mmC !U Q \ cu to Q \ OJ N yLn > Z Z F' m � O '00 W '06 W u C O u C U l7 LL l7 C LL Ln � u_ W � Y tU C 0 f0 U C (U W LL 0) K Ol K N OC Z d 00 N ',,. OC C j—y N OC O a v V a Q o g � v d w cc D W O O� J O Z O Z O Z > O Z O Z y > O Z y >- LU 2 2 > W O O O F O -4 O N OC NO , N O N O N O N O N N f4 r1l C4 LL,e\i ~ d \ e\ -I \ CN '... r\-1 \ M cn c\ -I W N ',.. Ln l\D n LL O Z i (ga > W Lu m N N ',. 00 f- to 0) V co epi J av Y C v a`icu Z E E E C !9 O u d F VI N u ','.'O > O N '0 L -C 'O 'O 'O u t% d m m 000 m m N '',, 000 ,, C00 000 U X Q O m w 0 N O L LU V f0 O L O E O C u aL+ to 0 O Y O E _ O C C G>1 C ww C d �' w v 2 U L u +9 N z i 0N w C `7 d C — t0 m L c v E N U t j U O`�0 f0 C O Y 7 W O (� a0+ Y U = Q Page 522 of 1207 Fiscal Year 2020 2021 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING APPLICATION 1 330h'.1111 °)timftifny 841111itt S'i itite ' " m °,W FOR MORE INFORMATION OR QUESTIONS, PLEASE CONTACT: CITY OF BOYNTON COMMUNITY IMPROVEMENT DIVISION 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33426 Telephone: 561-742-6066 Email: s Lashea Brooks, Interim Community Improvement Manager Community Improvement Division 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33436 k�rookslC k�bfl. us Page 523 of 1207 Agency Name: Legal Aid Society of Palm Beach County, Inc. Project: Fair Housing Project APPLICATION ✓ Submit Electronic Application Only ✓ Application is signed and dated. By Director, and Board Chairperson ✓ 501(c) (3) is attached (if applicable). ✓ Board Member list. ✓ Copy of latest audit. ✓ All funding sources for this project identified. ADDITIONAL ATTACHMENTS ✓ Attachment 1 Agency Articles of Incorporation and Agency By-laws ✓ Attachment 2 Copies of current license(s) needed to operate (as applicable to the funded activity) ✓ Attachment 3 Evidence of matching contributions A description/schedule of fees charged to the targeted N/A Attachment 4 beneficiaries of the programs/services/facilities to be funded (if a licable) Ajob description for each position for which funds are being ✓ Attachment 5 requested (explain salary increase request if higher than amount funded last year) FY 20-21 CDBG Funding Application Page 524 of 1207 FY 2020-2021 Funding Request To submit an application, complete A — G, Attachments 1-5 (if applicable) and any other items requested. Do not include any items that are not requested. Submit III; IC"i':r°"IIiIIIC '''^IIIIII��Illil„::°'!":Illllli to Lashea Brooks (r®®ksl _ fl,us) Community Improvement Division, 3301 Quantum Boulevard, Boynton Beach, FL 33436 430piin, pi ul 20, 2020. Please review the "Subrecipient Guide" for the Programs, goals, requirements and timelines. For assistance, please call the Community Improvement Division at 561-742-6600. A. GENERAL INFORMATION 1. Name of Applicant: Legal Aid Society of Palm Beach County, Inc. ✓ Non-profit Neighborhood Association For -Profit CHDO (Provide copy of your IRS ruling providing tax exempt status under Section 501(c) (3) of the 1986 IRS Code if you are a non-profit) 2. Name of Project: Fair Housing Project 3. Area or Location of Project: Boynton Beach, FL 4. Contact Person/Title: Robert A. Bertisch, Esq., Executive Director (Preferably Pres. /Director) Email Address: rbertisch6�legalaid pbc.org Additional Contact Person/Title: Tequisha Y. Myles, Esq., Supervising Attorney (Preferably Person responsible for preparing reports) Alternate Email Address: tmyIes@IegaIaidpbc.org Mailing Address/Zip: 423 Fern Street, Suite 200, West Palm Beach, FL 33401 Telephone: (561) 655-8944 Fax: (561) 655-5269 5. Grant Request Activity Area: ✓ Public Service Services Public Facility Public Safety/Crime Prevention Development Senior Services Homeless Prevention Other Economic Youth Programs FY 20-21 CDBG Funding Application Page 525 of 1207 6. Amount of Funds Requested for Project: $6,000.00 7. Amount of Matching Funds for Project: $5,696.00 Match Type: _ Cash —Sweat Equity ✓ Other Grants Donations Identify Source of Match: United Way of Palm Beach County, Palm Beach County Financially Assisted Agencies, U.S. Department of HUD PEI-MYFC 8. Unduplicated Units Served (agency's definition) 1) For education and outreach activities, the unduplicated units served will be the number of attendees at each of the three (3) fair housing seminars and/or outreach events. Legal Aid anticipates that a minimum of fifteen (15) individuals will attend each event for a total of forty-five (45) individuals. While the Fair Housing Project will strive to serve unduplicated attendees at the events, due to the type of event it may happen that some individuals attend more than one event. 2) For enforcement activities, including direct civil legal representation, Legal Aid will handle ten (10) unduplicated client cases. �l�]:1e1 (a) Total CDBG Funds Requested $6,000.00 (b) Total Unduplicated Units Served: 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). Ten (10) clients will be represented through enforcement/discrimination activities at $480 per case ($4,800.00). (Explain how determined?) This information is based on historical data. (c) Average CD Cost Per Unit (a/b) $6,000.00/55 individuals = $109.10 TOTAL PROJECT: (a) Total Project $331,894.00 Total Unduplicated Units Served Per the Legal Aid Society's contract with HUD, the following unduplicated units are to be delivered: ■ Conduct at least 10 outreach and education activities. ■ Conduct annual Fair Housing Month events. ■ Perform 70 fair housing tests for administrative and judicial enforcement. ■ Open at least 70 cases each year. (Explain how determined?) This information is based on historical data. FY 20-21 CDBG Funding Application Page 526 of 1207 (b) Average Cost Per Unit (a/b) $2,212.62 (however this is not how the HUD budget units of service are calculated) 9. Is this project: A new service; or X A quantifiable increase in the level of an existing service which has been provided by the grantee on its behalf through State or local government funds in the 12 months preceding the submission of the grantee's Consolidate d Plan Annual Action Plan 10. Could this project occur without these funds? X Yes No 11. Will this project continue after our funding ends? X Yes _ No B. PROPOSED PROJECT: Project Description: In three sentences concisely describe your project. This description will be used in future publications should your application be approved. Limit to three sentences. The Legal Aid Society of Palm Beach County's Fair Housing Project proposes to protect the fair housing rights of the low/moderate-income residents in the City of Boynton Beach by ensuring that local housing practices comply with the Federal Civil Rights Act of 1968 and the Fair Housing Amendments Act of 1988, as well as local, more inclusive, fair housing ordinances. To achieve these important goals, the Fair Housing Project will continue to offer two types of core services: 1) education and outreach activities that include informing the general public and underserved populations of their rights under federal and local substantially equivalent fair housing laws and procedures for filing claims, and 2) fair housing enforcement activities that include conducting investigations to determine compliance with accessibility requirements; identifying and remedying discrimination in the real estate market; and detecting and reducing incidences of steering. In addition, the Fair Housing Project will continue offering mortgage foreclosure prevention and defense services by educating, representing, and defending protected individuals, particularly with regard to predatory lending practices and their rights as consumers. C. STRATEGY: Check the ONE STRATEGY that best describes your project and provide number of units that will be served under this Droaram. Check One Specific Objective Number of Units This Project Will Serve Housin /N n -Housing Community Develo ment Plan Economic Dev. Jobs Created: Public Safe /Crime Prevention # of Programs: FY 20-21 CDBG Funding Application Page 527 of 1207 D. PROJECT SUMMARY Provide a detailed description of the proposed project/activity to be funded, including a plan of action explaining in detail how the agency (and who, specifically) will implement the activity: i.e. intake procedures, required documentation, etc. Describe how this activity relates to the overall organizational structure. Be very specific how the CDBG funds are proposed to be used. (Attach additional sheets if necessary) SPECIAL NOTE: At the time that this application for funding is being submitted (April 20, 2020), a worldwide pandemic (COVID-19) is impacting every facet of life for individuals in Palm Beach County, the State of Florida and the entire nation in ways never before experienced. Daily the Legal Aid Society of Palm Beach County is tracking ever -evolving developments and changes in the law that may impact the clients that we serve, particularly in regards to housing -related issues such as eviction, mortgage foreclosure and fair housing rights. Although particular services and activities are proposed in this application, the Legal Aid Society is committed to adjusting strategies and modifying services to meet the changing needs of the residents of the City of Boynton Beach, and stands fully prepared to defend the legal rights of individuals and families in the City of Boynton Beach as they exist at the proposed start of this contract (October 1, 2020). Explain how this program fits with your mission The Fair Housing Project contributes directly to the Legal Aid Society's overall mission of improving a family's opportunities and living conditions by providing high quality civil legal services free of charge that address local discriminatory housing practices through enforcing compliance with the Federal Fair Housing Act and equivalent state and local fair housing laws. These activities are specifically targeted to protected individuals in order to heighten awareness of their housing -related civil legal rights, to enhance their capacity to stand up for their rights, and to increase the likelihood that they will seek justice when those rights are violated. This includes information and education as to their legal options and procedures for filing claims in cases where they believe that their rights have been violated. This knowledge will permit individuals to exercise their rights under the law and have access FY 20-21 CDBG Funding Application Page 528 of 1207 Public Facilities Facilities Impacted: X Public Service Households/Persons: 55 persons (pleas seci which) Senior Services Elderly Households/Persons: (pleas seci which) Youth Programs Children/Youth: Special Activity by Community - Based Organization Other (Specify) D. PROJECT SUMMARY Provide a detailed description of the proposed project/activity to be funded, including a plan of action explaining in detail how the agency (and who, specifically) will implement the activity: i.e. intake procedures, required documentation, etc. Describe how this activity relates to the overall organizational structure. Be very specific how the CDBG funds are proposed to be used. (Attach additional sheets if necessary) SPECIAL NOTE: At the time that this application for funding is being submitted (April 20, 2020), a worldwide pandemic (COVID-19) is impacting every facet of life for individuals in Palm Beach County, the State of Florida and the entire nation in ways never before experienced. Daily the Legal Aid Society of Palm Beach County is tracking ever -evolving developments and changes in the law that may impact the clients that we serve, particularly in regards to housing -related issues such as eviction, mortgage foreclosure and fair housing rights. Although particular services and activities are proposed in this application, the Legal Aid Society is committed to adjusting strategies and modifying services to meet the changing needs of the residents of the City of Boynton Beach, and stands fully prepared to defend the legal rights of individuals and families in the City of Boynton Beach as they exist at the proposed start of this contract (October 1, 2020). Explain how this program fits with your mission The Fair Housing Project contributes directly to the Legal Aid Society's overall mission of improving a family's opportunities and living conditions by providing high quality civil legal services free of charge that address local discriminatory housing practices through enforcing compliance with the Federal Fair Housing Act and equivalent state and local fair housing laws. These activities are specifically targeted to protected individuals in order to heighten awareness of their housing -related civil legal rights, to enhance their capacity to stand up for their rights, and to increase the likelihood that they will seek justice when those rights are violated. This includes information and education as to their legal options and procedures for filing claims in cases where they believe that their rights have been violated. This knowledge will permit individuals to exercise their rights under the law and have access FY 20-21 CDBG Funding Application Page 528 of 1207 to safe, equitable, affordable housing. In addition, Fair Housing Project staff will provide legal representation for individuals and families facing foreclosure. The purpose of the representation is to save the individual or family home and to have the mortgage loan reduced to a reasonably affordable amount. How will it impact your current operation? 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, 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. 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. The attorney will also represent clients in foreclosure and tenants whose landlord is in foreclosure. The attorney will work with community partners to facilitate referrals, to identify additional resources for fair housing clients, and to arrange cross -training sessions and community outreach and education activities. In addition, he/she will actively recruit other experienced attorneys to accept pro bono referrals of housing discrimination complaints and foreclosure cases, as there is currently an overwhelming demand for these legal services. Without legal assistance, many low-income, disadvantaged individuals and families in the City of Boynton Beach will likely end up homeless or living in substandard housing. In addition, 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 FY 20-21 CDBG Funding Application Page 529 of 1207 and juveniles in the dependency system; and the filing of appeals for individuals with HIV/AIDS who have been wrongfully denied disability benefits. How does this program relate to the Consolidated Plan Priority? The City of Boynton Beach clearly recognizes the need to protect its most vulnerable residents from fair housing discrimination violations, assist individuals with landlord -tenant matters and represent homeowners who are at risk of losing their primary residence to mortgage foreclosure. In preparing this application for funding, the Legal Aid Society examined the most recent City of Boynton Beach Analysis of lmpediments to Fair Housing Choice, which describes two of the City's objectives as being tied directly to fair housing activities currently being provided by Legal Aid's Fair Housing Project: 1) Educate homeowner/condo associations and realtors about fair housing laws, and 2) Continue providing fair housing workshops (fair housing rights, complaint process, predatory lending) and distributing materials in English, Spanish and Haitian -Creole. The activities currently being undertaken by Legal Aid's Fair Housing Project directly respond to these needs and to the City's most recent plan of action to address its identified impediments to fair housing choice through targeted outreach, education and enforcement activities, which include: ■ Anti -Predatory and Fair Lending education and support seminars for community based organizations, civic and faith -based groups and Condo/Homeowner Associations: ■ Housing counseling concerning affordable housing opportunities; ■ Conducting of Fair Housing workshops to various citizens and professional groups throughout the City of Boynton Beach; ■ Presentations targeting school children, attorneys, realtors, builders, community association boards and property managers regarding what fair housing is and their rights and obligations provided by fair housing laws; ■ Fair Housing outreach programs conducted at various public events throughout the City of Boynton Beach; ■ Provision of enforcement and counseling services to persons who lodge housing discrimination complaints; ■ Foreclosure Prevention Clinics and counseling, conducted throughout the City to educate various citizens, specifically targeting low and moderate income persons on how to prevent mortgage foreclosure; and ■ Representation for clients in foreclosure and discrimination cases. The community outreach, education, advocacy and enforcement of housing laws proposed by the Legal Aid Society's Fair Housing Project will ensure that no City of Boynton Beach resident is denied access to housing based on his or her race, color, religion, national FY 20-21 CDBG Funding Application Page 530 of 1207 origin, sex, disability, marital status, familial status, age, sexual orientation, and/or gender identity and expression. Does this program serve a targeted neighborhood, who is the targeted population (at least 70% of the City's CDBG funds must directly benefit our low and moderate -income citizens)? Legal Aid's Fair Housing Project services serve residents within the City of Boynton Beach's target areas of Census Tract 57.01 and Census Tract 61. Will Program Income be generated from this activity? No. All services offered by the Legal Aid Society of Palm Beach County's Fair Housing Project are provided free of charge. Where will the Program take place? Legal Aid Society's main office at 423 Fern Street, Suite, 200, West Palm Beach, FL, 33401 Are you working with other organizations in a cooperative effort on the program? No FY 20-21 CDBG Funding Application Page 531 of 1207 Goals/Objectives/Activity Measures: Goal 1: To provide Fair Housing information and resources to protected classes in the City of Boynton Beach. Objective #1 — To conduct a minimum of three (3) fair housing seminars or outreach events annually for Boynton Beach residents, housing industry groups (including lenders, property managers, and realtors), community groups, civic associations and/or schools. Objective #2 — To implement an outreach campaign to inform persons with disabilities, their support organizations, and service providers of their rights under local, state and federal fair housing laws. Objective #3 — As required by HUD, to collect and maintain statistics on the race, ethnicity and income of the households served by Legal Aid's fair housing education seminars. Goal 2: To provide fair housing enforcement activities to the residents of the City of Boynton Beach. Objective #1 — To provide a minimum of ten (10) units of unduplicated fair housing enforcement, landlord tenant counseling and foreclosure representation services for Boynton Beach residents. Objective #2 — To operate a telephone hotline that will provide the public with: a) Information for victims of housing discrimination b) Referral services to file complaints and seek redress; and c) Affordable housing and housing related referrals. Objective #3 — As required by HUD, to collect and maintain statistics on the race, ethnicity and income of the households served by Legal Aid's fair housing enforcement, landlord tenant counseling and foreclosure representation programs. E. PROJECT BUDGET Please list applicant's anticipated expenditures, detailing requested funds and applicant's matching funds. Please place C=Cash, S=Sweat Equity, O=Other Grants, D=Donations beside each amount under "Applicant's Match" to denote the type of match being used. Line Item CD Funds Requested Applicant's Match. Other Project Funds Total Project Budget ADMINISTRATION: Personnel (# ) Payroll Taxes Employee Benefits Office Supplies FY 20-21 CDBG Funding Application Page 532 of 1207 Copy Supplies Postage Telephone Promotional Professional Services Vehicle Fuel/Mileage Other: (Insurance, etc.) PROGRAM: Acquisition Reconstruction Rehabilitation Installation Other: $6,000.00 $5,696.00 $358,554.00 $370,250.00 TOTALS $6,000.00 $5,696.00 $358,554.00 $370,250.00 F. APPLICANT INFORMATION: (Provide a brief description of each) Capacity of Organization The Legal Aid Society of Palm Beach County, Inc., a nonprofit charitable law firm, was chartered in 1949 and has been recognized by the IRS as a 501(c)(3) non-profit corporation since 1970. Through its mission of providing high quality civil legal advice, representation and education to disadvantaged persons in Palm Beach County, Legal Aid presently operates 21 projects, employs a staff nearly 120 and manages a budget of over $10 million. Legal Aid positively impacts the lives of more than 8,000 clients and their families each year by protecting their personal safety, improving their opportunities and living conditions, and promoting self-sufficiency. Legal Aid's 21 diverse projects are designed to give the underserved in our community a voice in thejudicial system, whereby ensuring equal access tojustice for our county's most vulnerable residents, including families in crisis, elderly individuals, individuals with disabilities, persons living with HIV/AIDS, victims of domestic violence, the homeless, the working poor, undocumented immigrants, military veterans, indigent individuals with no local family, individuals caring for minor relatives, victims of wage dispute, and foster children and youth. Depending on their legal needs, we offer clients a full range of advocacy strategies, which can include legal information, advice and referrals; limited or full legal representation; community legal education; individual, affirmative and strategic litigation; administrative advocacy and other methods. We are also fortunate to continue our strong FY 20-21 CDBG Funding Application Page 533 of 1207 partnership with the Palm Beach County and South Palm Beach County Bar Associations and with voluntary private bar associations, and currently have over 2,500 private attorneys throughout the county who assist Legal Aid's Pro Bono Project in providing free legal services to low-income individuals. Mission Statement The mission of the Legal Aid Society of Palm Beach County is to provide high quality civil legal advice, representation and education to the disadvantaged children, families, elders and individuals residing in Palm Beach County so as to protect their personal safety, enhance their opportunities and living conditions and promote self-sufficiency. Prior Experience Legal Aid's Fair Housing Project was established in October 1999 through a Community Development Block Grant awarded by Palm Beach County to provide education, outreach and enforcement services to all areas of the County. Since 1999, the Fair Housing Project has provided fair housing training to over 8,250 individuals and has investigated 2,019 fair housing complaints, including testing for discriminatory practices. Through the Fair Housing Project's participation in community fairs and expos, over 53,000 individuals have received educational information, brochures and booklets explaining their rights under the Fair Housing Act, how to exercise these rights, and where to turn if they feel their fair housing rights have been violated. The Fair Housing Project has litigated lawsuits in federal and state court against municipalities, mobile home parks, landlords, public housing authorities, and condominium and homeowners associations. In the past ten years, the Legal Aid Society's Fair Housing Project has successfully litigated discrimination cases resulting in close to $1 million in settlements for its clients. Based on our mission and experience in providing civil legal services to very low-income persons, Legal Aid has the abilityto pursue timely remedies for individual clients. Through its excellent administration of numerous and concurrent HUD and CDBG grants over the past 21 years, Legal Aid has demonstrated its proven capability to manage, operate and maintain activities, performance requirements and timetables for multiple grants. With its dedicated and experienced staff and committed partners in the community, Legal Aid's Fair Housing Project will successfully carry out its proposed activities, ensuring that the rights of individuals in the City of Boynton Beach are protected as guaranteed under the Fair Housing Act. FY 20-21 CDBG Funding Application Page 534 of 1207 Annual Budget The Legal Aid Society's budget for Fiscal Year 2019-2020 is $10,427,345.89 (October 1, 2019 to September 30, 2020). APPLICANT INFORMATION (cont.) Staffing Requested Community Development Block Grant funds from the City of Boynton Beach will be used to pay for a portion of an attorney's salary and related project expenses (i.e., limited travel to investigate fair housing allegations, informational materials, etc.). The CDBG-funded attorney will provide services in support of the proposed eligible activities only. 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 affirmative action 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. The attorney will also represent clients in foreclosure and tenants whose landlord is in foreclosure. The attorney will work with community partners to facilitate referrals, to identify additional resources for fair housing clients, and to arrange cross -training sessions and community outreach and education activities. In addition, he/she will actively recruit other experienced attorneys to accept pro bono referrals of housing discrimination complaints and foreclosure cases, as there is currently an overwhelming demand for these legal services. Without legal assistance, many low-income, disadvantaged individuals and families in the Boynton Beach CDBG target area will likely end up homeless or living in substandard housing. Reporting Capabilities (include sample copy of form(s) used to capture client demographics, services provided, etc.) Do financial statements break down income and expenses by programs to follow revenue and disbursements? Is an Audit performed annually? All clients seeking services from the Legal Aid Society's Fair Housing Project complete an application for services which captures client demographics, financial information, and brief details of their legal issues. A copy of the application for services is attached to this proposal. FY 20-21 CDBG Funding Application Page 535 of 1207 To track metrics and ensure that its stated outcomes are met, Legal Aid's Fair Housing Project staff enter all client and case -related data into Legal Server, the Legal Aid Society's secure, confidential case management system that is protected by user name and password access. Client demographics that are collected include race, ethnicity, age, city/town/county of residence, familial status, and income information. Reports are then generated on an as - needed basis so that progress and outcomes can be regularly evaluated and reported on. Reports include information pertaining to the number of clients seeking services, nature of services provided, and outcome of cases. In addition to performing a quantitative analysis, Fair Housing staff also review the progress of the project from a qualitative standpoint to determine if the strategies being utilized are the most effective and appropriate to meet the legal needs of clients. Legal Server is also used to track the number of educational outreach activities conducted, number of individuals attending educational outreach clinics and/or seminars, and the number of guides and brochures distributed to measure the project's educational impact. The Legal Aid Society is a fiscally sound agency that has a long and successful history of administering federal, state and local government grants, as well as grants from private foundations and charitable organizations such as local United Ways. Legal Aid's financial statements are prepared monthly and separate sources of revenue through General Ledger classification specific to each program, maintaining distinction between all other sources of revenue/funding. The monthly financials further break down income and expenses by program to follow revenue and disbursements. The financial statements are presented monthly to the Board of Directors for their review and approval. The Legal Aid Society is audited annually by Holyfield and Thomas, LLP, Certified Public Accounting and Advisers firm, who ensure Legal Aid's compliance with the Federal Single Audit Act and OMB Circular A-133. A copy of the audited financial statements and Legal Aid's management letter are sent to each granting agency once the yearly audit is complete. In addition, any recommendations and findings made by the independent auditing firm are incorporated into Legal Aid's Financial Accounting Policies and Procedures Manual. Legal Aid's procurement, purchasing and expenditures policies follow adequate accounting and internal control procedures and are outlined in detail in its Financial Policies Manual. Since 2007 Legal Aid has been certified for sound nonprofit management by Nonprofits First of Palm Beach County. In 2012 Legal Aid applied for and was awarded gold status, the highest level of certification offered by Nonprofits First, and has subsequently been recertified at the same level each year since. Governing Body Profile (Does Board membership reflect the community as regards ethnicity, gender and representative of the population served? Is Board Orientation conducted for new members? How often does the Board meet? Include Board Member list) FY 20-21 CDBG Funding Application Page 536 of 1207 As stated in the Legal Aid Society's bylaws, the composition of the Board of Directors should be representative of the diverse segments of the Palm Beach County community, and the members of the board's Nominating Committee strive to honor the spirit of this directive. There are currently 34 individuals serving on Legal Aid's Board of Directors, representing a broad range of backgrounds and contributing a deep level of experience and expertise to the functioning of the organization. Board members come from all areas of the county and are demographically diverse, while bringing a variety of professional perspectives to the agency, from attorneys to accountants to financial services professionals to community representatives. Board members act as ambassadors in the community, espousing Legal Aid's mission and assisting the Executive Director in recruiting friends and donors for the organization. Attorney board members actively participate in Legal Aid's Pro Bono Project by providing a minimum of 20 hours of free legal services per year to disadvantaged individuals in our community. Each newly elected board member attends a one-hour new board orientation hosted by the Board of Directors' President and Legal Aid's Executive Director. Topics covered include an overview of Legal Aid's history and mission; stated expectations of board members; a review of the bylaws, personnel policies, and conflict of interest policy; a breakdown of Legal Aid's annual budget and various funding sources; an outline of the structure of Legal Aid and the board of directors; and an introduction to the types of committees on which board members may elect to serve. The board of directors meets ten times a year, with no meetings being held in the months of July and December. FY 20-21 CDBG Funding Application Page 537 of 1207 G. Conflict of Interest Federal law (24 CFR 570.611) prohibits persons who exercise or who have exercised any functions or responsibilities with respect to the above grant ... or who are in a position to participate in a decision making process or to gain inside information with regard to such activities, may obtain a financial interest or benefit from an assisted activity... either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 1. Is there any member of the applicant's staff, member of the applicant's Board of Directors, or office who currently is or has/have been within one year of the date of this application a City employee, or a member of the City Commission? Yes X No If yes, please list names: 2. Is there any member of the applicant's staff, member(s) of the Board of Directors, or officer(s) who are business partners or immediate family of a City employee, or a member of the City Commission? Yes X No If yes, please list names: 3. Will the funds requested by the applicant be used to pay the salaries of any of the applicant's staff or award a subcontract to any individual who is or has been within one year of the date of this application a City employee, or a member of the City Commission? Yes X No If yes, please list names: FY 20-21 CDBG Funding Application Page 538 of 1207 The applicant certifies to the best of his/her knowledge and belief that the data in this application is true and correct and that the filing of the application has been duly authorized by the governing body of the applicant (if applicable) and that the applicant will comply with all the requirements of this grant if the application is approved. Name: Robert A. Bertisch. Esa. Title: Executive Director Name: Michelle R. Suskauer, Esq. Title: President, Board of Directors r Signature ' Date: April 15, 2020 Signature: 4�1"dho IMA j- ... Date: April 15, 2020 FY 20-21 CDBG Funding Application Page 539 of 1207 Department of the Treasury District Director DATE: 'M i— K 0 Im LEGAL AID SOCIETY OF PALM BEACH COUNTY INC 423 FERN ST STE 200 WEST PALM BEACH, FL 33401 Internal Revenue Service 401 W. Peachtree St., NW Room 1109 - Stop 520-D Atlanta, GA 30365 Date of Inquiry: 06/27/95 Person to Contact: Kim Artis Telephone Number: 404 331-4967 EIN: 59-6046994 Dear Taxpayer: This is in response to your request for confirmation of your exemption from Federal income tax. Our records indicate your organization was granted exemption from Federal income tax under section 501(c)(3) of the Internal Revenue Code by our Letter dated May 1969. You were further determined not to be a private foundation within the meaning of section 509(x) of the Code because you are an organization described in section 509(a)(2). Contributions to you are deductible as provided in section 170 of the Code. The tax exempt status recognized by our letter referred to above is currently in effect and will remain in effect until terminated, modified or revoked by the Internal Revenue Service. Any change in your purposes, character, or method of operation must ' be reported to us so we may consider the effect of the change on your exempt status. You must also report any change in your name and address. Thank you for your cooperation. Sincerely, Exempt Organizations Coordinator TPA4401tr Page 540 of 1207 P: a: Box 737, Atlanta, Georgia 30301 �,- Address any reply to: 275 Peachtree St. NE., Atlanta, Ga. 30303 Internal Revenue Service Date: In reply refer to: JAN 2 6 19i1 411-1-3 : RAM p Legal Aid Society of Palm Beach County, Inc. 506 Citizens Building West Palm Beach, Florida Purpose: Charitable Accounting Period Ending: Dec- 31 Based on information supplied, and assuming your operations will be as stated in your exemption application, we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Any change in your purposes, character, or method of operation must be reported to us so we may consider the effect of the change on your exempt status. You must also report any change in your name and address. Pending issuance of regulations under section 509 of the Code, we are unable to make a determination as to whether you are a private founda- tion as defined in that section. Upon issuance of the regulations we will evaluate your application, make a determination as to your status under section 509 of the Code, and notify you of our decision. If upon issuance of the regulations we determine that you are a private foundation, you will be required to comply with the provisions of section 508(e), which specifies that a private foundation is not exempt unless its governing instrument includes certain provisions set forth in that section and the regulations thereunder. Failure to comply with the requirements of section 508(e) will result in retroactive revocation of this determination. For years beginning prior to January 10 1970, you are required to file the annual information return, Form 990-A; For each subsequent year, please refer to the instructions accompanying the Form 990 for that particular year to determine whether you are required to file. If filing is required, you must file the Form 990 by the 15th day of the fifth month after the end of your annual accounting period. 171, A Page 541 of 1207 -2- Legal 2-Legal. Aid Society of Palm Beach County, Inc.: You are not required to file Federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T-- In this letter we are not determining whether any of your present or proposed activities are an unrelated trade or business as defined in section 513 of the Code. You are not liable for Federal Unemployment taxes. You are liable for Social Security Taxes only if you have filed waiver of exemption certi- ficates as provided in the Federal Insurance Contributions Act. Contributions made to you are deductible by donors as provided in section 170 of the Code. Bequests, legacies, devises, transfers or gifts to you or for your use are deductible for Federal estate and gift tax purposes under the provisions of section 2055, 2106, and 2522 of the Code. Every exempt organization is required to have an Employer Identification Number, regardless of whether it has any employees. This number should be entered in the designated space on all Federal returns which should be filed with the Mid..Atlantic Service Center in Philadephia, Pennsylvania, and referred to on all correspondence which should be addressed to the District Director in Atlanta, Georgia. If you do not have such a number, our Service Center will assign one to you in the near future and notify you of the number assigned. This is a determination letter. Sincerely yours, i„l .1.. 2aal) A: C: Ross District Director CC: Robert 0. Rogers Page 542 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. BOARD OF DIRECTORS FISCAL YEAR 2019-2020 President — Michelle Suskauer First Vice President — Lawrence Rochefort Second Vice President — Robert Friedman Secretary — Scott Murray Treasurer —Jerry Beer Immediate Past President — Miriam Acosta-Castriz Board of Trustees David Ackerman, Esq. ♦ Claire Arnold ♦ F. Greg Barnhart, Esq. ♦ Bill Bone, Esq. Patrick J. Casey, Esq. ♦ Jeffrey Devore, Esq. ♦ Melinda Penney Gamot, Esq. Garry Glickman, Esq. ♦ Carey Haughwout, Esq. ♦Jane Kreusler-Walsh, Esq. Richard Lubin, Esq. ♦ Rafael J. Roca, Esq. ♦ Michael Salnick, Esq. ♦ Gary Woodfield Leslie Artsis Adams Morgan Stanley Smith Barney 777 S. Flagler Drive, Suite 900 West Palm Beach, FL 33401 Phone: (561) 838-8900 ♦Fax: (561) 838-8970 E-mail: Leslie.Adams@MSSB.com Jerald S. Beer, Esq. Ciklin Lubitz 515 North Flagler Drive, Suite 1900 Northbridge Tower 1 West Palm Beach, FL 33401 Phone: (561) 832-5900 ♦Fax: (561) 820-0389 E-mail: jbeer@ciklinlubitz.com Richard M. Benrubi, Esq. Rosenthal, Levy, Simon & Ryles 1401 Forum Way, Suite 600 West Palm Beach, FL 33401 Phone: (561) 478-2500 E-mail: rbenrubi@rosenthallevy.com Bridget Berry, Esq. Greenberg Traurig, P.A. 777 South Flagler Drive, Suite 300 E West Palm Beach, FL 33401 Phone: (561) 650-7912 ♦Fax: (561) 655-6222 E-mail: berryb@gtlaw.com Robin Bresky, Esq. Law Offices of Robin Bresky Bank of America Building 150 E. Palmetto Park Road, Suite 340 Boca Raton, Florida 33432 Phone: (561) 994-6273 ♦ Fax: (561) 989-9128 E-mail: rbresky@breskylegal.com Carla Tharp Brown Palm Beach County Bar Association PO Box 17726 West Palm Beach, FL 33416 Phone: (561) 687-2800 ♦Fax: (561) 687-9007 E-mail: ctbrown@palmbeachbar.org Sarah Cortvriend, Esq. Carlton Fields Jorden Burt 525 Okeechobee Boulevard, Suite 1200 West Palm Beach, FL 33401 Phone: (561) 650-8040 ♦Fax: (561) 659-7368 E-mail: scortvriend@cfjblaw.com Vincent F. Cuomo 1618476 th Trail North Palm Beach Gardens, FL 33418 Phone: (561) 504-5026 E-mail: Vincent.Cuomo@hotmail.com Amy Devore c/o Devore Law Group, P.A. 4100 RCA Boulevard, Suite 110 Palm Beach Gardens, FL 33410 Phone: (561) 478-5353 ♦Fax: (561) 228-8330 E-mail: adevore@devorelawgroup.com Howard D. DuBosar, Esq. DuBosar Sheres, P.A. 1800 N. Military Trail, Suite 470 Boca Raton, FL 33431 Phone: (561) 544-8980 ♦Fax: (561) 544-8988 Email: HDuBosar@dubolaw.com Page 543 of 1207 Karis Engle, M.S. The Glades Initiative, Inc. 141 S.E. Avenue C Belle Glade, FL 33430 Phone: (561) 996-3310 ♦Fax: (561) 996-3349 E-mail: kengle@gladesinitiative.org Robert H. Friedman, Esq. Friedman P.A. 340 Royal Poinciana Way, Suite 317-202 Palm Beach, FL 33480 Phone: (561) 800-2110 E-mail: rob@friedmanpa.com Joseph G. Galardi, Esq. Atherton Galardi Mullen & Reeder PA 224 Datura St., Suite 815 West Palm Beach, FL 33401 Phone: (561) 283-8323 ♦ Fax: (561) 293-2593 E-mail: jgalardi@athertonlg.com Richard D. Greenfield 529 S Flagler Dr, Apt 16G West Palm Beach, FL 33401 Phone: (917) 495-4446 ♦ Fax: (561) 653-9977 24579 Deep Neck Road Royal Oak, MD 21662 Phone: (410) 745-4149 ♦ Fax: (561) 514-4801 Email: rdg@twowhitehats.com Jack P. Hill, Esq. Searcy Denney Scarola Barnhart & Shipley, PA 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 Phone: (561) 686-6300 ♦Fax: (561) 383-9424 E-mail: jph@searcylaw.com John M. Howe, Esq. Law Offices of John M. Howe, P.A. 500 S Australian Avenue, Suite 515 West Palm Beach, FL 33401 Phone: (561) 296-7772 ♦Fax: (561) 360-3310 E-mail: johnhowe@johnhowelaw.com Denise Rappaport Isaacs, Esq. 2300 Glades Road, Suite 203 E Boca Raton, FL 33431 Phone: (561) 361-8300 ♦Fax: (561) 361-9865 E-mail: denise@isaacsfamlawgroup.com Dwinette E. Johnson, Esq. Commercial HVAC Americas 13995 Pasteur Blvd. Palm Beach Gardens, FL 33418 Phone: (561) 365-1141 ♦ Fax: (860) 660-0116 E-mail: dwinette.johnson@utc.com Wilnar Julmiste AndersonGlenn LLP 2650 North Military Trail, Suite 430 Boca Raton, Florida 33431 Phone: (561) 893-9192 ♦ Fax: (561) 893-9194 E-mail: Julmiste@asglaw.com W. Hampton Keen, Esq. Keen Law Group 500 S Australian Ave Ste 532 West Palm Beach, FL 33401-6223 Phone: (561) 331-6515 ♦ Fax: (561) 801-7738 Email: hkeen@keenlawgroup.com Nancy Lambrecht 143 Rotunda Drive Jupiter, FL 33477 E-mail: Lambrecht143@aol.com Jason Lazarus, Esq. Pankauski Hauser PLLC 415 South Olive Avenue West Palm Beach, FL 33401 Phone: (561) 475-2099 Ext. 109 Email: jason@phflorida.com Daniel Lustig, Esq. Pike & Lustig, LLP 1209 N. Olive Avenue West Palm Beach, FL 33401 Phone: (561) 855-7585 ♦ Fax: (561) 855-7710 Email: Daniel@bigfirmalternative.com Ellen S. Malasky, Esq. Managing Attorney Florida Power & Light Company 700 Universe Boulevard Juno Beach, FL 33408 Phone: (561) 691-7321 ♦Fax: (561) 691-7103 E-mail: ellen.malasky@fpl.com Scott C. Murray, Esq. Page 544 of 1207 Murray & Guari, P.L. 1525 North Flagler Drive West Palm Beach, FL 33401 Phone: (561) 366-9099 ♦Fax: (561) 366-9098 E-mail: smurray@murrayguari.com James Grier Pressly III, Esq. Pressly, Pressly, Randolph & Pressly, P.A. Plaza Center 251 Royal Palm Way, Suite 300 Palm Beach, FL 33480 Phone: (561) 659-4040 ♦Fax: (561) 655-6006 E-mail: grier@pprplaw.com Heather Ries, Esq. Fox Rothschild LLP 777 South Flagler Drive Suite 1700 West Tower West Palm Beach, FL 33401 Phone: (561) 804-4419 ♦(561) 835-9602 Email: HRies@foxrothschild.com Lawrence P. Rochefort, Esq. Akerman 777 South Flagler Drive Suite 1100 West Tower West Palm Beach, FL 33401 Phone: (561) 659-5990 ♦Fax: (561) 659-6313 E-mail: Irochefort@akerman.com Matthew Sackel, Esq. Shutts & Bowen, LLP 525 Okeechobee Blvd, Suite 1100 West Palm Beach, FL 33401 Phone: (561) 650-8545 ♦Fax: (561) 822-5503 E-mail: msackel@shutts.com Robert M. W. Shalhoub, Esq. Robert M. W. Shalhoub, P.A. 1011 North Olive Avenue West Palm Beach, FL 33401 Phone: (561) 835-1102 ♦Fax: (561) 835-1777 E-mail: bob@robertmshalhoub.com Grasford W. Smith, Esq. Akerman LLP 777 South Flagler Drive, Suite 1100 West Tower West Palm Beach, FL 33401 Phone: (561) 671-3617 Email: grasford.smith@akerman.com Michelle R. Suskauer, Esq. Dimond Kaplan & Rothstein, P.A. 515 N Flagler Drive Ste P300 West Palm Beach, FL 33401-4326 Phone: (561) 671-1920 ♦ Fax: (561) 671-1951 E-mail: michelle@dkrpa.com Rebecca Mercier Vargas, Esq. Kreusler-Walsh, Vargas and Serafin, P.A. 501 South Flagler Drive, Suite 503 West Palm Beach, FL 33401 Phone: (561) 659-5455 ♦Fax: (561) 820-8762 E-mail: rvargas@kwvsaapeals.com Matthew Zimmerman, Esq. Holland & Knight LLP 777 South Flagler Drive Suite 1900, West Tower West Palm Beach, Florida 33401 Phone: (561) 650-8331 ♦ Fax: (561) 650.8399 Email: matthew.zimmerman@hklaw.com Board of Trustees David P. Ackerman, Esq. Akerman LLP 777 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401 Phone: (561) 273-5567 ♦Fax: (561) 651-1555 E-mail: david.ackerman@akerman.com Miriam Acosta Castriz, Esq. Acosta & Fraga Law PLLC 530 N Federal Hwy Lake Worth, FL 33460 Phone: (561) 582-1888 ♦Fax: (561) 625-1107 E-mail: AFLAW@Immigrationwpb.com Claire Arnold E-mail: carnold246@aol.com F. Gregory Barnhart, Esq. Searcy Denney Scarola Barnhart & Shipley 2139 Palm Beach Lakes Blvd. P.O. Drawer 3626 (33402) Page 545 of 1207 West Palm Beach, FL 33409 Phone: (561) 686-6300 ♦Fax: (561) 684-5707 E-mail: fgb@searcylaw.com Bill Bone, Esq. 550 South Quadrille Blvd., Suite 200 West Palm Beach, FL 33401 Mailing Address: P.O. Box 1900 West Palm Beach, FL 33402-1900 Phone: (561) 832-9400 ♦Fax: (561) 832-9445 E-mail: bb@billbone.com Patrick J. Casey, Esq. Patrick J. Casey, P.A. P.O. Box 31657 Palm Beach Gardens, FL 33420 Phone: (561) 373-9780 ♦Fax: (561) 694-6098 Email: pcasey33@comcast.net Jeffrey A. Devore, Esq. Devore Law Group, P.A. 4100 RCA Boulevard, Suite 110 Palm Beach Gardens, FL 33410 Phone: (561) 478-5353 ♦Fax: (561) 478-2144 Toll Free (800) 840-0053 E-mail: jdevore@devorelawgroup.com Melinda Penney Gamot, Esq. The Gamot Law Firm, P.L. 2701 PGA Boulevard; Suite C Palm Beach Gardens, FL 33410 Phone: (561) 832-5500 ♦Fax: (561) 832-5944 E-mail: melinda@gamotlaw.com Mariano Garcia, Esq. Searcy Denney 2139 Palm Beach Lakes Blvd. West Palm Beach, FL 33409 Phone: (561) 686-6300 ♦Fax: (561) 383-9463 E-mail: MXG@SearcyLaw.com Garry Glickman, Esq. 1601 Forum Place, Suite 1101 West Palm Beach, FL 33401 Phone: (561) 478-1111 ♦Fax: (561) 478-2433 E-mail: gglickman@gwmlawyers.com Carey Haughwout, Esq. Office of the Public Defender 421 Third Street West Palm Beach, FL 33401 Phone: (561) 355-7651 ♦Fax: (561) 355-7737 E-mail: careypd@pd15.state.fl.us Jane Kreusler-Walsh, Esq. Kreusler-Walsh, Vargas and Serafin, P.A. 501 South Flagler Drive, Suite 503 West Palm Beach, FL 33401 Phone: (561) 659-5455 ♦Fax: (561) 820-8762 E-mail: janewalsh@kwvsappeals.com Richard Lubin, Esq. Richard G. Lubin, P.A. 1217 South Flagler Drive, 2nd floor West Palm Beach, FL 33401-6717 Phone: (561) 655-2040 ♦Fax: (561) 655-2182 E-mail: rich@lubinlaw.com Rafael J. Roca, Esq. Law Offices of Rafael J. Roca, P.A. 1641 Worthington Rd, Ste 100 West Palm Beach, FL 33409 Phone: (561) 721-1333 ♦Fax: (561) 932-0930 E-mail: rroca@rocainjurylaw.com Michael Salnick, Esq. Salnick, Fuchs & Bertisch, P.A. 250 Australian Avenue, #1203 West Palm Beach, FL 33401 Phone: (561) 471-1000 ♦Fax: (561) 659-0793 E-mail: salnicklaw@aol.com Gary Woodfield, Esq. Haile, Shaw & Pfaffenberger, PA 660 US Hwy One, Third Floor North Palm Beach, FL 33408 Phone: (561) 627-8100 ♦Fax: (561) 622-7603 E-mail: gwoodfield@haileshaw.com (Last update 4/19/20) Page 546 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. REPORT ON AUDIT OF FINANCIAL STATEMENTS For the Year Ended September 30, 2018 (with comparable totals for 2017) Page 547 of 1207 TABLE OF CONTENTS PAGE INDEPENDENT AUDITOR'S REPORT 1-2 FINANCIAL STATEMENTS Statement of Financial Position 3 Statement of Activities 4 Statement of Cash Flows 5-6 Statement of Functional Expenses 7 NOTES TO FINANCIAL STATEMENTS 8-16 INTERNAL ACCOUNTING AND ADMINISTRATIVE CONTROL AND COMPLIANCE Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 17-18 Independent Auditor's Report on Compliance for Each Major Program and on Internal Control Over Compliance Required by the Uniform Guidance 19-20 Schedule of Findings and Questioned Costs 21-22 SUPPLEMENTARY INFORMATION Schedule of Expenditures of Federal Awards 23-24 Notes to Schedule of Expenditures of Federal Awards 25 Page 548 of 1207 -J_J_J 11-1 Holyfield & Thomas, LLC Certified Public Accountants & Advisors 125 Butler Street • West Palm Beach, FL 33407 (561) 689-6000 • Fax (561) 689-6001 • www.holyLieldandthomas.com -J-J-J-J-J-J-J-J-J-J-J J J J J J J J J J INDEPENDENT AUDITOR'S REPORT To the Board of Directors of Legal Aid Society of Palm Beach County, Inc. West Palm Beach, Florida We have audited the accompanying financial statements of Legal Aid Society of Palm Beach County, Inc. (a non-profit organization), which comprise the statement of financial position as of September 30, 2018, and the related statements of activities, cash flows and functional expenses for the year then ended, and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Page 549 of 1207 Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Legal Aid Society of Palm Beach County, Inc. as of September 30, 2018, and the change in its net assets and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March 21, 2019, on our consideration of Legal Aid Society of Palm Beach County, Inc.'s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering Legal Aid Society of Palm Beach County, Inc.'s internal control over financial reporting and compliance. Other Matters Other Information Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The accompanying schedule of expenditures of federal awards, as required by Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, is presented for purposes of additional analysis and is not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated, in all material respects, in relation to the financial statements as a whole. Report on Summarized Comparative Information We have previously audited the September 30, 2017 financial statements, and our report dated April 25, 2018, expressed an unmodified opinion on those audited financial statements. In our opinion, the summarized comparative information presented herein as of and for the year ended September 30, 2017, is consistent, in all material respects, with the audited financial statements from which it has been derived. West Palm Beach, Florida March 21, 2019 Page 550 of 1207 LEGAL AID SOCIETY OF STATEMENT OF FINANCIAL POSITION PALM BEACH COUNTY, INC. As of September 30, 2018 (with comparable totals for 2017) Temporarily Permanently 2018 2017 Unrestricted Restricted Restricted Totals Totals ASSETS Cash and cash equivalents $ 2,612,524 $ - $ - $ 2,612,524 $ 2,207,384 Investments 514,419 - - 514,419 484,010 Accounts receivable 1,172,696 87,932 - 1,260,628 1,367,984 Other receivable 10,409 - - 10,409 2,097 Prepaid expenses 69,826 - - 69,826 48,648 Total current assets 4,379,874 87,932 - 4,467,806 4,110,123 Cash - designated 2,018,821 - - 2,018,821 1,835,930 Deposits 4,750 - - 4,750 4,750 Beneficial interest in trust - 2,449 50,000 52,449 51,446 Furniture and equipment, net 38,004 - - 38,004 61,014 Total assets $ 6,441,449 $ 90,381 $ 50,000 $ 6,581,830 $ 6,063,263 LIABILITIES AND NET ASSETS Accounts payable $ 121,481 $ - $ - $ 121,481 $ 63,821 Accrued salaries 258,129 - - 258,129 224,955 Accrued compensated absences 268,630 - - 268,630 265,653 Refundable advances 163,619 - - 163,619 200,988 Total current liabilities 811,859 - - 811,859 755,417 Trust account 32,533 - - 32,533 20,559 Public guardianship account 1,986,288 - - 1,986,288 1,815,371 Total liabilities 2,830,680 - - 2,830,680 2,591,347 Net assets: Unrestricted 3,610,769 - - 3,610,769 3,214,259 Restricted - 90,381 50,000 140,381 257,657 Total net assets 3,610,769 90,381 50,000 3,751,150 3,471,916 Total liabilities and net assets $ 6,441,449 $ 90,381 $ 50,000 $ 6,581,830 $ 6,063,263 See accompanying notes to financial statements. -3- Page 551 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. STATEMENT OF ACTIVITIES For the Year Ended September 30, 2018 (with comparable totals for 2017) Temporarily Permanently 2018 2017 Unrestricted Restricted Restricted Totals Totals Support and revenues: Governmental grants $ 7,557,045 $ - $ - $ 7,557,045 $ 6,872,829 Foundation grants 578,294 - - 578,294 544,651 Other grants 266,815 117,243 - 384,058 383,090 Contributions 462,313 - - 462,313 453,335 Program service revenue 184,925 - - 184,925 159,025 Special events and activities 425,721 - - 425,721 402,016 Investment income 15,706 - - 15,706 14,584 Change in unrealized gain on investments 23,244 - - 23,244 40,425 Change in value of beneficial interest in trust - 1,003 - 1,003 1,446 Other revenue 248,281 - - 248,281 86,476 Total support and revenues 9,762,344 118,246 - 9,880,590 8,957,877 Net assets released from restrictions 235,522 (235,522) - - - Expenses: Program 8,856,249 - - 8,856,249 7,898,173 Management and general 340,563 - - 340,563 324,381 Fundraising 404,544 - - 404,544 392,277 Total expenses 9,601,356 - - 9,601,356 8,614,831 Change in net assets 396,510 (117,276) - 279,234 343,046 Net assets, beginning of year 3,214,259 207,657 50,000 3,471,916 3,128,870 Net assets, end of year $ 3,610,769 $ 90,381 $ 50,000 $ 3,751,150 $ 3,471,916 See accompanying notes to financial statements. -4- Page 552 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. STATEMENT OF CASH FLOWS For the Year Ended September 30, 2018 (with comparable totals for 2017) Cash flows from operating activities: Cash received from contributors and grantors Cash received from client agencies Cash received from fundraising events Investment income Other cash received Cash paid to employees Cash paid for goods and services Net cash provided by (used in) operating activities Cash flows from investing activities: Purchase of investments Contributions to beneficial interest in trust Purchase of furniture and equipment Net cash used in investing activities Net change in cash and cash equivalents Cash and cash equivalents, beginning of year Cash and cash equivalents, end of year 2018 2017 Tnfnlc Tnfnlc $ 9,051,697 $ 7,263,048 184,925 159,025 425,721 402,016 15,706 14,584 248,281 86,476 (7,958,890) (7,045,747) (1,544,234) (1,484,016) 423,206 (604,614) (7,165) (6,148) - (25,000) (10,901) (22,629) (18,066) (53,777) 405,140 (658,391) 2,207,384 2,865,775 $ 2,612,524 $ 2,207,384 See accompanying notes to financial statements. -5- Page 553 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. STATEMENT OF CASH FLOWS For the Year Ended September 30, 2018 (with comparable totals for 2017) Reconciliation of change in net assets to net cash provided by (used in) operating activities: Change in net assets Adjustments to reconcile change in net assets to net cash provided by (used in) operating activities: Depreciation Change in unrealized gain on investments Contributions to beneficial interest in trust Change in value of beneficial interest in trust Decrease (increase) in: Accounts receivable Other receivable Prepaid expenses Increase (decrease) in: Accounts payable Accrued salaries Accrued compensated absences Refundable advances Net cash provided by (used in) operating activities 2018 2017 -r-4-1--r-4-1- $ 279,234 $ 343,046 33,911 54,931 (23,244) (40,425) (25,000) (1,003) (1,446) 107,356 (526,374) (8,312) 7,961 (21,178) (16,902) 57,660 8,839 33,174 19,042 2,977 11,197 (37,369) (439,483) $ 423,206 $ (604,614) See accompanying notes to financial statements. Page 554 of 1207 LEGAL AID SOCIETY OF STATEMENT OF FUNCTIONAL EXPENSES PALM BEACH COUNTY, INC. For the Year Ended September 30, 2018 (with comparable totals for 2017) Management Program and General Fundraising 2018 2017 Totals Totals Salaries $ 6,078,410 $ 240,779 $ 183,045 $ 6,502,234 $ 5,790,880 Payroll taxes 443,311 17,285 13,851 474,447 421,962 Employee benefits 958,443 34,148 17,457 1,010,048 871,105 Total personnel expenses 7,480,164 292,212 214,353 7,986,729 7,083,947 Bank charges 3,439 85 7,840 11,364 7,771 Bar functions 7,504 910 - 8,414 6,091 Dues and licenses - - - - - - - - - - - - - - - - - - - - - ------------------ 30,935 - - - - - - - - - - - - - - - - - - - - - - - 1,313 - - - - - - - - - - - - - - - - - - - - - - 1,769 - - - - - - - - - - - - - - - - - - - - - - 34,017 - - - - - - - - - - - - - - - - - - - - - - - 32,039 - - - - - - - - - - - - - - - - - - - - - Equipment rental and maintenance 47,281 1,934 3,503 52,718 52,723 Fundraising event costs - - 143,245 143,245 150,026 Insurance 36,504 2,209 1,150 39,863 34,135 Investment fees - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4,311152 -------- - - - - - - - - - - - - - - - - - - ----- - - - 145 - - - - - - - - - - - - - - - ----- - - 4,608 - - - - - - - - - - - - - - - - - - - - - - - 4,516 - - - - - - - - - - - - - - - - - - - - Library 32,491 757 387 33,635 3-5,603 Litigation costs 85,466 30 - 85,496 67,493 Miscellaneous expense 9,359 162 225 9,746 2,588 Other prohect expenses _________________ --------- 20,-179 ------- 5 125 20,30995.223__ Parking 31,523 55 - 31,578 18,227 Postage and shipping 23,171 1,123 2,261 26,555 26,560 Printing 9,871 60 48 9,979 19,436 Pro bono expenses________________________10,417 ----------------- -------------------------------------------- __10,417________ 5.176__ Professional fees 103,124 3,334 4,579 111,037 62,180 Public relations 6,974 3,787 2,228 12,989 12,362 Recruiting 5,703 147 347 6,197 4,848 Rent and utilities - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 543,692 - - - - - - - - - - - - - - - - - - - - - - - 20,977 - - - - - - - - - - - - - - - - - - - - - - 15,450 - - - - - - - - - - - - - - - - - - - - - - 580,119 - - - - - - - - - - - - - - - - - - - - - - - 552,910 - - - - - - - - - - - - - - - - ----- Specific assistance to individuals 56,286 - - 56,286 28,413 Staff development 5,502 1,735 1,501 8,738 9,897 Sub -grants 26,803 - - 26,803 31,235 Supplies - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 89,432 - - - - - - - - - - - - - - - - - - - - - - - 5,571 - - - - - - - - - - - - - - - - - - - - - - 3,184 - - - - - - - - - - - - - - - - - - - - - - 98,187 - - - - - - - - - - - - - - - - - - - - - - - 87,204 - - - - - - - - - - - - - - - - - - - - - Telephone and communications 35,736 2,148 814 38,698 32,516 Training and education 10,112 - 534 10,646 12,077 Travel 108,226 704 142 109,072 84,704 Depreciation 32,044 1,153 714 33,911 54,931 Total expenses $ 8,856,249 $ 340,563 $ 404,544 $ 9,601,356 $ 8,614,831 See accompanying notes to financial statements. -7- Page 555 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. For the Year Ended September 30, 2018 1. Summary of Significant Accounting Policies Organization and Nature of Activities NOTES TO FINANCIAL STATEMENTS Legal Aid Society of Palm Beach County, Inc. (the "Society"), is a Florida not-for-profit corporation organized on November 18, 1970 for the purpose of providing free legal assistance to indigent clients in Palm Beach County. Basis of Accounting The financial statements of the Society have been prepared on the accrual basis of accounting in accordance with accounting principles generally accepted in the United States of America. Support is recognized when received, revenues are recognized when earned, and expenses are recognized when incurred. The significant accounting policies followed by the Society are described below to enhance the usefulness of the financial statements to the reader. Financial Statement Presentation The Society follows FASB Accounting Standards Codification (FASB ASC) 958-205, Presentation of Financial Statements. The standard requires that the Society present information regarding its financial position and activities according to three classes of net assets, described as follows: Unrestricted Net Assets: this classification includes those net assets whose use is not restricted by donors, even though their use may be limited in other respects, such as by contract or by board designation. Changes in net assets arising from exchange transaction (except income and gains on assets that are restricted by donors or by law) are included in the unrestricted net assets. Temporarily Restricted Net Assets: this classification includes those net assets whose use by the Society has been limited by donors to either later periods of time, or after specified dates, or for a specified purpose. Permanently Restricted Net Assets: this classification includes those net assets that must be maintained by the Society in perpetuity. Permanently restricted net assets increase when the Society receives contributions for which donor -imposed restrictions limiting the Society's use of an asset or its economic benefits neither expire with the passage of time nor can be removed by the Society meeting certain requirements. Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. Page 556 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. For the Year Ended September 30, 2018 NOTES TO FINANCIAL STATEMENTS 1. Summary of Significant Accountin_g Policies, continued Fair Value of Financial Instruments The Society follows FASB ASC 820-10, Fair Value Measurement and Disclosures, which provides a common definition of fair value, establishes a framework to measure fair value within accounting principles generally accepted in the United States of America, and expands the disclosures about fair value measurements. The standard does not create any new fair value measurements. Instead, it applies under existing accounting pronouncements that require or permit fair value measurements. For assets and liabilities measured at fair value on a recurring basis, entities should disclose information that allows financial statement users to assess (1) the inputs used to develop such measurements, such as Level 1 (i.e., quoted price in an active market for an identical asset or liability), Level 2 (i.e., quoted price for similar assets or liabilities in active markets), or Level 3 (i.e., unobservable inputs); and (2) the effect on changes in net assets of recurring measurements that use significant unobservable (Level 3) inputs. Prior Year Summarized Information The financial statements include certain prior -year summarized comparative information in total but not by net asset class. Such information does not include sufficient detail to constitute a presentation in conformity with accounting principles generally accepted in the United States of America. Accordingly, such information should be read in conjunction with the Society's financial statements for the year ended September 30, 2017, from which the summarized information was derived. Certain 2017 amounts have been reclassified to conform to 2018 classifications. Such reclassifications have no effect on the change in net assets as previously reported. Cash and Cash Equivalents, Cash - Designated For purposes of the statement of cash flows, the Society considers all highly liquid investments available for current use with an initial maturity of three months or less to be cash equivalents. In connection with its Public Guardianship Program (PGP) and its legal practice, the Society maintains designated cash funds that are held in separate accounts for the benefit of wards and clients. These accounts are reported as non-current assets under the caption "cash - designated," and as non-current liabilities under the captions of "trust account" and "public guardianship account." Accounts Receivable Accounts receivable consist of amounts due to the Society under various federal, state and local grants and promises to give from United Way and other agencies. Because the amounts are considered to be fully collectible, there is no provision for doubtful accounts as of September 30, 2018. Furniture and Equipment Furniture and equipment is stated at cost, or if donated, at the approximate fair value at the date of the donation. Individual items costing less than $500 are expensed. Expenditures for repairs and maintenance are charged to expense as incurred. Major improvements are capitalized. Depreciation is computed by the straight-line method over the estimated useful lives of the assets, which range from 5 to 39 years. 91 Page 557 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. For the Year Ended September 30, 2018 NOTES TO FINANCIAL STATEMENTS 1. Summary of Significant Accountin_g Policies, continued Compensated Absences Full-time employees of the Society accrue vacation at varying rates depending upon the length of service. A maximum of 20 vacation days may be accumulated at any time during the year. Refundable Advances The Society has reimbursement arrangements with various grantors whereby the Society receives funds ahead of the expenditures. In accordance with the terms of these arrangements, any funds that are not spent within the contract period must be refunded to the grantors. Contributions In accordance with FASB ASC 958-605, Revenue Recognition, contributions received, including unconditional promises, are recognized as revenues when the donor's commitment is received. All contributions are considered to be available for unrestricted use unless specifically restricted by the donor. Amounts received that are designated for future periods or restricted by the donor for specific purposes are reported as temporarily restricted or permanently restricted support that increase those net asset classes. When a temporary restriction expires, temporarily restricted net assets are reclassified to unrestricted net assets and reported in the Statement of Activities as net assets released from restrictions. Functional Allocation of Expenses The costs of providing the various programs and other activities have been summarized on a functional basis in the Statement of Activities and according to natural classification in the Statement of Functional Expenses. Accordingly, certain costs have been allocated among the programs and activities benefited. Advertising The Society expenses advertising costs as incurred and includes such expenses in the public relations category in the Statement of Functional Expenses. Recent Accounting Pronouncements The Financial Accounting Standards Board recently issued several Accounting Standards Updates (ASUs) that affect the accounting and reporting of not-for-profit entities. The FASB issued ASU 2016-02, Leases (Topic 842), which does not take effect until the Society's fiscal year ending September 30, 2021, and provides new guidance for leases, such that virtually all leases will be capitalized and create "right of use" assets along with associated liabilities. This standard will impact the interpretation of certain transactions of the Society, and management is evaluating the effect that the updated standard will have on the financial statements. ASU 2016-14, Not -for -Profit Entities (Topic 958), imposes new requirements for the presentation and disclosure of not-for-profit financial statements, including a reduction in the number of net asset categories from 3 classes to 2 classes, a requirement to present a statement of functional expenses, a requirement to disclose the quantitative and qualitative aspects of its liquidity, in addition to other provisions. This ASU will be effective for the Society's fiscal year ending September 30, 2019. As with the new guidance on leasing, management is evaluating the effect that this updated standard will have on the financial statements. -10- Page 558 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. For the Year Ended September 30, 2018 NOTES TO FINANCIAL STATEMENTS 1. Summary of Significant Accountin_g Policies, continued Income taxes The Society is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. However, income from certain activities not directly related to the Society's tax-exempt purpose would be subject to taxation as unrelated business income. There were no such unrelated activities for the year ended September 30, 2018. The Society follows FASB ASC 740-10, Accounting for Uncertainty in Income Taxes. This pronouncement seeks to reduce the diversity in practice associated with certain aspects of measurement and recognition in accounting for income taxes. It prescribes a recognition threshold and measurement attribute for financial statement recognition and measurement of a tax position that an entity takes or expects to take in a tax return. An entity may only recognize or continue to recognize tax positions that meet a "more likely than not" threshold. The Society assesses its income tax positions based on management's evaluation of the facts, circumstances and information available at the reporting date. The Society uses the prescribed more likely than not threshold when making its assessment. For the year ended September 30, 2018, the Society did not accrue any interest expense or penalties related to its tax positions. Furthermore, there are currently no open Federal or State tax years under audit. 2. Fair Value Measurements FASB ASC 820-10 establishes a framework for measuring fair value. That framework provides a fair value hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (level 1 measurement) and the lowest priority to unobservable inputs (level 3 measurement). The three levels of the fair value hierarchy under FASB ASC 820-10 are described below: Level 1 — Inputs to the valuation methodology are unadjusted quoted prices for identical assets or liabilities in active markets that the Society has the ability to access. Level 2 — Inputs to the valuation methodology include: quoted prices for similar assets or liabilities in active markets; quoted prices for identical or similar assets or liabilities in inactive markets; Inputs other than quoted prices that are observable for the asset or liability; Inputs that are derived principally from or corroborated by observable market data by correlation or other means. Level 3 — Inputs to the valuation methodology are unobservable and significant to the fair value measurement. The asset's or liability's fair value measurement level within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. Valuation techniques used need to maximize the use of observable inputs and minimize the use of unobservable inputs. -11- Page 559 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. For the Year Ended September 30, 2018 2. Fair Value Measurements, continued NOTES TO FINANCIAL STATEMENTS Fair Value of Financial Instruments: The following methods and assumptions were used by the Society in estimating fair value of financial instruments that are not disclosed under ASC 820. Cash, Cash Equivalents and Cash Designated: The carrying amount reported approximates fair value. Accounts and Employee Receivable: The carrying amount approximates fair value due to the relative size, timing and amounts to be collected. Accounts Payable, Accrued Salaries and Compensated Absences: The carrying amount reported approximates fair value due to the short term duration of the instruments. Items Measured at Fair Value on a Recurring Basis: The following is a description of the valuation methodologies used for assets measured at fair value. There have been no changes in the methodologies used as of September 30, 2018. Investments: Valued at net asset value ("NAV") by the custodian as of the close of business at year end September 30, 2018. Beneficial Interest in Trust: Valued by the 31d party custodian at the current fair value of underlying investment assets in the account, which provides a perpetual stream of income to the Society. The following table sets forth by level, within the fair value hierarchy, the Society's assets at fair value as of September 30, 2018: Assets at Fair Value Level Level Level Total Investments $ 514,419 $ - $ - $ 514,419 Beneficial interest in trust - - 52,449 52,449 Total $ 514,419 $ - $ 52,449 $ 566,868 The table below sets forth a summary of changes in the fair value of the beneficial interest in trust for the year ended September 30, 2018. Balance, beginning of year $ 51,446 Issuances/contributions - Settlements/collections - Change in value 1,003 Balance, end of year L --a2 ,449 3. Investments Investments in mutual funds are presented in the financial statement at fair value, with the resulting realized and change in unrealized gains and losses included in the Statement of Activities. Investment transactions and related expenses are accounted for on a trade date basis. -12- Page 560 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. For the Year Ended September 30, 2018 3. Investments, continued Investments consist of the following as of September 30, 2018: Money market funds Fixed income mutual funds Common stock mutual funds Exchange -traded funds Total investments at fair market value Total investments at cost Unrealized gains Less beginning balance of unrealized gains Total change in unrealized gain 4. Accounts Receivable NOTES TO FINANCIAL STATEMENTS $ 7,163 189,254 107,385 210,617 514,419 343,992 170,427 147,183 $ 23,244 Accounts receivable consisted of the following as of September 30, 2018: Federal and state grants $ 610,031 Local government grants 562,665 United Way Allocation 87,932 $ 1,260,628 5. Furniture and Equipment Furniture and equipment consisted of the following as of September 30, 2018: Furniture and fixtures $ 105,339 Computer equipment 138,951 Software 67,276 Other assets 212.016 523,582 Less accumulated depreciation 485,578 Furniture and equipment, net $ 38,004 6. Beneficial Interest in Trust The Society is the income beneficiary of a perpetual trust, whose assets are held by the Community Foundation for Palm Beach and Martin Counties, Inc. (the "Foundation") as an endowed component fund ("Fund"). Under the terms of the Fund, the Foundation's Board of Directors has a variance power to modify any restriction or condition on the distribution of funds for any specific charitable purpose or to specified organizations, if in their sole judgement (without the approval of any trustee, custodian, or agent), such restriction or conditions becomes, in effect, unnecessary, incapable of fulfillment or inconsistent with the charitable needs of the community or the area served by the Foundation. The Fund is subject to the Foundation's investment and spending policies. During the year ended September 30, 2018, the Society did not receive any distributions from the Fund. -13- Page 561 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. For the Year Ended September 30, 2018 7. Line of Credit NOTES TO FINANCIAL STATEMENTS The Society has a $250,000 line of credit with interest at the bank's prime rate (4.75% as of September 30, 2018), that is secured by accounts receivable and other business assets. No amount was outstanding as of September 30, 2018. 8. Restricted Net Assets Temporarily restricted net assets as of September 30, 2018 consisted of a proportion of the United Way of Palm Beach County Allocation, the income generated under the beneficial interest in trust, and various grants received to support specific programs of the Society in the following year. Permanently restricted net assets as of September 30, 2018 consisted of the original contributions added to the beneficial interest in trust. 9. Government Grants Government grants consist of $1,903,263 from various federal government agencies, $438,969 from state government agencies, and $5,214,813 from local government agencies. Grants from local government agencies include $3,853,172 from Children's Services Council, and $1,361,641 from Palm Beach County. Children's Services Council funds the following programs: Non-profit legal assistance project $ 60,000 Children's Advocacy Project 3,480,011 Project DULCE 307,661 Other 5,500 $ 3,853,172 Palm Beach County funds the following projects: Domestic violence $ 114,484 Guardian advocacy 92,245 Guardianship program for elder citizens 154,530 Homeless legal prevention 30,450 Wage dispute project 133,000 Other legal assistance 836,932 1.361.641 10. Foundation Grants Foundation grants received during the year amounted to $578,294, of which approximately $281,500 was from the Florida Bar Foundation. 11. Other Grants Other grants received during the year amounted to $384,058, of which approximately $135,000 was awarded from United Way of Palm Beach County. -14- Page 562 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. For the Year Ended September 30, 2018 12. Operating Lease Commitment NOTES TO FINANCIAL STATEMENTS The Society leases its office space under two non -cancelable leases extending through February, 2023. For the year ended September 30, 2018, rent expense for office space was $580,119, and is included in the rent and utilities category in the Statement of Functional Expenses. A schedule of future minimum rental payments under the leases as of September 30 is as follows: 2019 $ 571,708 2020 588,267 2021 605,915 2022 624,092 2023 642.815 $ 3,032,797 The Society is also lessee under operating lease agreements extending through November 2023, for the use of various items of office equipment. For the year ended September 30, 2018, equipment rental expense totaled approximately $33,960, and is included in equipment rental and maintenance expense in the Statement of Functional Expenses. Minimum expected future lease payments for office equipment as of September 30, are as follows: 2019 $ 23,795 2020 8,454 2021 2,455 2022 714 2023 119 $ 35,537 13. Concentration of Credit Risk The Society maintains cash deposits at different banks, which the Society periodically evaluates and believes to be in sound financial condition. Deposits located at banks are insured by the Federal Deposit Insurance Corporation (FDIC) up to $250,000. As of September 30, 2018, the uninsured portion of deposits aggregated to approximately $4,335,000. This amount included approximately $2,500,000 held in a Repurchase Agreement account, which is backed by the full faith and credit of the United States Government. The Society has not experienced any loss on such accounts and management believes it is not exposed to any significant credit risk arising from such balances. 14. Retirement Plan The Society maintains a 401(k) profit sharing plan for all eligible employees, as more fully described in the plan documents. The Society makes match contribution in an amount equal to 100% of the participant's elective contribution not in excess of 2% of the participant's compensation for the plan year. The Society also has the option to make discretionary contributions to the plan. The Society's contribution to the plan for the year ended September 30, 2018 was $84,106. -15- Page 563 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. For the Year Ended September 30, 2018 15. Subsequent events NOTES TO FINANCIAL STATEMENTS The Society's management has evaluated subsequent events through March 21, 2019, the date on which the financial statements were available to be issued, and determined there were no further disclosures required to be presented in these financial statements. -16- Page 564 of 1207 -J -J -j 11-1 Holyfield & Thomas, LLC Certified Public Accountants & Advisors 125 Butler Street • West Palm Beach, FL 33407 (561) 689-6000 • Fax (561) 689-6001 • www.holyLieldandthomas.com -J-J-J-J-J-J-J-J-J-J-J INDEPENDENT AUDITOR'S REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Directors of Legal Aid Society of Palm Beach County, Inc. West Palm Beach, Florida We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of Legal Aid Society of Palm Beach County, Inc. (a nonprofit organization), which comprise the statement of financial position as of September 30, 2018, and the related statements of activities, cash flows, and functional expenses for the year then ended, and the related notes to the financial statements, and have issued our report thereon dated March 21, 2019. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered Legal Aid Society of Palm Beach County, Inc.'s internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of Legal Aid Society of Palm Beach County, Inc.'s internal control. Accordingly, we do not express an opinion on the effectiveness of Legal Aid Society of Palm Beach County, Inc.'s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. -17- Page 565 of 1207 Compliance and Other Matters As part of obtaining reasonable assurance about whether Legal Aid Society of Palm Beach County, Inc.'s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the organization's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering Legal Aid Society of Palm Beach County, Inc.'s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. West Palm Beach, Florida March 21, 2019 -18- Page 566 of 1207 -J -J -J 11-1 Holyfield & Thomas, LLC Certified Public Accountants & Advisors 125 Butler Street • West Palm Beach, FL 33407 (561) 689-6000 • Fax (561) 689-6001 • www.holyLieldandthomas.com -J-J-J-J-J-J-J-J-J-J-J INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE FOR EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE REQUIRED BY THE UNIFORM GUIDANCE To the Board of Directors of Legal Aid Society of Palm Beach County, Inc. West Palm Beach, Florida Report on Compliance for Each Major Federal Program We have audited Legal Aid Society of Palm Beach County, Inc.'s compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of Legal Aid Society of Palm Beach County, Inc.'s major federal programs for the year ended September 30, 2018. Legal Aid Society of Palm Beach County, Inc.'s major federal programs are identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. Management's Responsibility Management is responsible for compliance with the requirements of laws, regulations, contracts, and grants applicable to its federal programs. Auditor's Responsibility Our responsibility is to express an opinion on compliance for each of Legal Aid Society of Palm Beach County, Inc.'s major federal programs based on our audit of the types of compliance requirements referred to above. We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about Legal Aid Society of Palm Beach County, Inc.'s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a reasonable basis for our opinion on compliance for each major federal program. However, our audit does not provide a legal determination of Legal Aid Society of Palm Beach County, Inc.'s compliance. -19- Page 567 of 1207 Opinion on Each Major Federal Program In our opinion, Legal Aid Society of Palm Beach County, Inc. complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended September 30, 2018. Report on Internal Control Over Compliance Management of Legal Aid Society of Palm Beach County, Inc. is responsible for establishing and maintaining effective internal control over compliance with the types of compliance requirements referred to above. In planning and performing our audit of compliance, we considered Legal Aid Society of Palm Beach County, Inc.'s internal control over compliance with the types of requirements that could have a direct and material effect on each major federal program to determine the auditing procedures that are appropriate in the circumstances for the purpose of expressing an opinion on compliance for each major federal program and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not express an opinion on the effectiveness of Legal Aid Society of Palm Beach County, Inc.'s internal control over compliance. A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. Our consideration of internal control over compliance was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. � MA ffly" West Palm Beach, Florida March 21, 2019 -20- Page 568 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. For the Year Ended September 30, 2018 SECTION I — SUMMARY OF AUDITOR'S RESULTS Financial Statements Type of auditor's report issued: Internal control over financial reporting: Material weakness identified? Significant deficiency(ies) identified that are not considered to be material weaknesses? Noncompliance material to financial statements noted? Federal Awards Internal control over major programs: Material weakness(es) identified? Significant deficiency(ies) identified that are not considered to be material weaknesses? SCHEDULE OF FINDINGS AND QUESTIONED COSTS Unmodified No No No 'Line No Type of auditor's report issued on compliance on major programs: Unmodified Any audit findings disclosed that are required to be reported in accordance with 2 CFR 200.516(a)? No Major program: U.S. Department of Justice CFDA Number 16.575 Name of Federal Program or Cluster: Crime Victim Assistance Dollar Threshold used to distinguish between type A and type B programs: Auditee qualified as a low-risk auditee? -21- $ 750,000 Yes Page 569 of 1207 LEGAL AID SOCIETY OF SCHEDULE OF FINDINGS PALM BEACH COUNTY, INC. AND QUESTIONED COSTS For the Year Ended September 30, 2018 SECTION II — FINANCIAL STATEMENT FINDINGS There are no findings reported for the year ended September 30, 2018. SECTION III — FEDERAL AWARD FINDINGS AND QUESTIONED COSTS There are no findings or questioned costs reported for the year ended September 30, 2018. CORRECTIVE ACTION PLAN There is no corrective action plan required, as there are no findings or questioned costs reported for the year ended September 30, 2018. PRIOR YEAR FINDINGS There were no prior audit findings for the year ended September 30, 2017, relative to federal awards requiring action on the part of the auditee for that fiscal year. -22- Page 570 of 1207 SUPPLEMENTARY INFORMATION Page 571 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS For the Year Ended September 30, 2018 Federal Grantor Pass-through Entity CFDA Award Federal Federal Program Title Period Number Number Expenditures U.S. Department of Housing and Urban Development Fair Housing Initiative Program 01/01/15 - 12/31/17 14.418 FH700014029 $ 63,260 Fair Housing Initiative Program 04/01/18 - 03/31/19 14.418 FH700014029 150,000 Fair Housing Initiative Program 01/01/17 - 12/31/17 14.416 FE01160034-01-01 33,219 246,479 Passed through from Palm Beach County, Florida: Community Development Block Grants 10/01/17 - 09/30/18 14.218 R2017-1472 47,703 Passed through from City of Boca Raton, Florida: Community Development Block Grants 10/01/17 - 09/30/18 14.218 FY2017-2018CDBG 2,800 Passed through from City of Boynton Beach, Florida: Community Development Block Grants 10/01/17 - 09/30/18 14.218 FY2017-2018CDBG 4,000 Passed through from City of Delray, Florida: Community Development Block Grants 10/01/17 - 09/30/18 14.218 FY2017-2018CDBG 4,750 Total U.S. Department of Housing and Urban Development 305,732 U.S. Department of Justice: Passed through from Florida's Coalition Force Against Domestic Violence: Violence Against Women 07/01/17 - 06/30/18 16.588 18-2062-LCH 9,738 Violence Against Women 07/01/18 - 06/30/19 16.588 19 -2062 -LS 76,192 85,930 Passed through from Florida Office of the Attorney General: VOCA-2017-Legal Aid Crime Victim Assistance 10/01/17 - 09/30/18 16.575 Society of Palm -00038 643,961 Passed through from Office on Violence Against Women: Legal Assistance for Victims 10/01/16 - 09/30/19 16.524 2016 -WL -AX -0058 190,423 Total U.S. Department of Justice 920,314 U.S. Department of Treasury: Low Income Taxpayer Clinics 01/01/17 - 12/31/17 21.008 17-LITCO286-01-00 20,519 Low Income Taxpayer Clinics 01/01/18 - 12/31/18 21.008 18-LITCO286-02-00 65,790 Total U.S. Department of Treasury 86,309 See independent auditor's report and accompanying notes to Schedule of Expenditures of Federal Awards. -23- (continued on next page) Page 572 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. For the Year Ended September 30, 2018 Federal Grantor Pass-through Entity Federal Program Title Period (continued from previous page) U.S. Department of Health and Human Services: Older Americans Act, Title III B and 01/01/17 - 12/31/17 Title III E - Support Services 01/01/18 - 12/31/18 SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS CFDA Award Number Number 93.044/.052 IA 016-9001 93.044/.052 IA 016-9001 Passed through from Palm Beach County, Florida: HIV Emergency Relief Project 03/01/17 - 02/28/18 93.914 HIV Emergency Relief Project 03/01/18 - 02/28/19 93.914 Total U.S. Department of Health and Human Services Total expenditures of federal awards R2017-0249 R2018-0221 See independent auditor's report and accompanying notes to Schedule of Expenditures of Federal Awards. -24- Federal Expenditures $ 42,600 187,060 229,660 78,014 283,234 361,248 590,908 $ 1,903,263 Page 573 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. For the Year Ended September 30, 2018 1. Basis of Presentation NOTES TO SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS The purpose of the accompanying schedule of expenditures of federal awards is to present, in summary form, total federal expenditures of Legal Aid Society of Palm Beach County, Inc. for the year ended September 30, 2018. The schedule is presented on the accrual basis of accounting. The information in this schedule is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). 2. Scope of Audit Pursuant to Uniform Guidance All federal grant operations of Legal Aid Society of Palm Beach County, Inc. are included in the scope of the Uniform Guidance. Programs tested as major federal programs included awards from the U.S. Department of Housing and Urban Development with fiscal year 2018 expenditures totaling $643,961. Programs tested ensure coverage of at least 20 percent of federally granted funds. Actual coverage is approximately 34 percent of total federal award program expenditures. See independent auditor's report. -25- Page 574 of 1207 ADDENDUM TO AMENDED AND RESTATED ARTICLES OF INCORPORATION The undersigned being the President and Secretary of the LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., a Florida not-for-profit corporation, hereby subscribed to, acknowledges, and files the following Addendum to the Amended and Restated Articles of Incorporation dated September 24, 1997: ARTICLE XI STATEMENT OF NON -DISCREPANCY Any amendments included in the Amended and Restated Articles of Incorporation have been adopted pursuant to section 617.1007(4), Florida Statutes, and there is no discrepancy between the Corporation's Articles of Incorporation as therefore amended and the provisions of the restated Articles of Incorporation other than the inclusion of these Amendments and the omission of matters of historical interest. IN WITNESS WHEREOF, the undersigned have herein set their hands and seals this ��_)� day of s6-_P7Em13E 2 , 1997. LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., a Florida not-for-profit corporation Page 575 of 1207 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared to me DAVID P. ACKERMAN and ROBERT A. BERTISCH, to me well known to be the President and Secretary respectively of the LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., and executed the foregoing Amended and Restated Articles of Incorporation and acknowledged before me that they executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I here unto affix m hand and seal at West Palm Beach, Florida this Z4#day of 50112'., 1944 NOTARY PUBLIC, State of Florida at Large My Commission Expires: My Commission Number: 0111— SEAL eT jOHN OrFi.QT,21DA Page 576 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. AMENDED AND RESTATED ARTICLES OF INCORPORATION The undersigned, being the President and Secretary of the LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., hereby subscribe to, acknowledge, and file the following Amended and Restated Articles of Incorporation: ARTICLE I NAME AND ADDRESS The name of the Corporation is the LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., and the principal office and mailing address of the Corporation is 423 Fern Street, Suite 200, West Palm Beach, Florida 33401. ARTICLE II DURATION The Corporation commenced existence on May 6, 1949 and was reincorporated in accordance with Florida Statutes November 18, 1970. The Corporation shall exist perpetually unless sooner dissolved according to law. ARTICLE III PURPOSES The general nature and object of the Corporation is benevolent and charitable, and organized to render legal aid gratuitously, if necessary, to all persons appearing worthy of Page 577 of 1207 such aid who shall be unable to procure legal assistance elsewhere, to assist persons without means in the pursuit of any civil remedy and in the protection of their person or property, and to promote measures for the protection of indigent persons. The Corporation may also do everything necessary, proper or convenient for the accomplishment of its purpose as set forth herein, and every other act which is not forbidden under the laws of the United States of America, State of Florida (specifically Chapter 617) or by the provisions of these Amended and Restated Articles of Incorporation. The Corporation has and intends to continue to qualify for exemption From federal income taxes under Section 501(c) (3) of the Internal Revenue Code of 1986, as amended, and these Amended and Restated Articles of Incorporation shall be construed consistently with the requirements thereof. ARTICLE IV MEMBERSHIP This Corporation is organized on a non -stock basis an shall not issue shares of stock. All attorneys -at -law who are members in good standing of the Palm Beach County Bar Association shall be members of this Corporation. The authorized number, qualifications, and manner of admission of persons who are not members of the Palm Beach County Bar Association, the different classes of membership, if any, and other rights and privileges of members, the liability of members for dues or assessments and -the method of collection thereof, and the termination and transfer of membership shall be as set forth in the Bylaws of this Corporation. Page 578 of 1207 ARTICLE V MANAGEMENT OF CORPORATE AFFAIRS The powers of this Corporation shall be exercised, its properties controlled, and its affairs conducted by a Board of Directors. The Corporation shall have at least ten (10) directors. A majority of directors shall be members of the Palm Beach County Bar Association. The term of office for each director shall be three (3) years, exclusive of time served as an officer or until a director's successor is elected or appointed, whichever shall occur last. The directors shall be elected annually by a majority vote of the then directors in accordance with the Bylaws of the Corporation. ARTICLE VI LOCATION OF REGISTERED AGENT The street address of the Corporation's registered office is 423 Fern Street, Suite 200, West Palm Beach, Florida 33401. The registered agent at that address is Robert A. Bertisch. ARTICLE VII BYLAWS The Bylaws of -the Corporation may be amended, altered, rescinded or appealed, in whole or in part, by -the Board of Directors in -the manner provided therein. Any amendments to the Bylaws shall be binding on all members of this Corporation. Page 579 of 1207 ARTICLE VIII AMENDMENTS TO ARTICLES Amendments to these Amended and Restated Articles of Incorporation shall be made pursuant to law. ARTICLE IX INDEMNIFICATION AND LIMITATION OF LIABILITY The Corporation shall indemnify any officer or director, or any former officer or director of the Corporation, to the full extent permitted by law. The private property of any member shall not, unless otherwise provided by law, be subject to payment of the Corporation's debts to any extent whatsoever. ARTICLE X DISSOLUTION In the event the Corporation desires to dissolve and wind up its affairs within the State of Florida and ceases to exist for the stated purposes, Articles of Dissolution shall be filed with the Secretary of State according to the Florida Statutes for dissolving a not-for- profit corporation, and the assets of the Corporation after payment of all costs and expense of such dissolution, shall be distributed to organizations which have qualified for exemption under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or to the federal government, or to the state or local governments for a public purpose, and none of the assets shall be distributable to any member, director, officer or trustee of this Corporation. Page 580 of 1207 IN WITNESS WHEREOF the President and Secretary herein before named for the purposes of amending and restating the Articles of Incorporation for purposes of amending and restating the Articles of Incorporation for purposes of operating within and without the State of Florida, hereby certify that the foregoing is a true and correct copy of the Amended and Restated Articles of Incorporation, this��74 day of JL '07 ,ry�c3 �Z , 191Z. STATE OF FLORIDA COUNTY OF PALM BEACH LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., a Florida not-for-profit corporation A /e� BEFORE ME, the undersigned authority, personally appeared to me DAVID P. ACKERMAN and ROBERT A. BERTISCH, to me well known to be the President and Secretary respectively of the LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., and executed the foregoing Amended and Restated Articles of Incorporation and acknowledged before me that they executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I here unto affix m hand and seal at West Palm Beach, Florida this Jam, day of Sffrl! t►t '�'� , 19ii 1AU� sv,-mac^... NOTARY PUBLIC, State of Florida at Large My Commission Expires: My Commission Number: Q FICIAL� N� 5EAI. ALISON ST JOHN NOTARNOTARY PUBLIC STATE OF FLORIDA cc >q�.�, .sioN rJo. cc5z�6Pa e 581 of 1207 MY Y EXP.'AN.15,2I0Q ARTICLES OF AMENDMENT LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., The undersigned being -the President and Secretary of the LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., a Florida not-for-profit corporation, hereby subscribes to, acknowledges, and Files the following Articles of Amendment: ARTICLE I NAME OF CORPORATION The name of the Corporation is the LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. ARTICLE II AMENDMENTS ADOPTED The Amendments adopted are incorporated in the Amended and Restated Articles of Incorporation, an original of which is affixed hereto and incorporated herein by reference. ARTICLE III DATE OF ADOPTION This Amendment was adopted by the Board of Directors of the Corporation on September 24, 1997. This Amendment was adopted by and approved by the members of the Corporation at a meeting thereof on September 24, 1997 and the number of votes cast was sufficient for approval. Page 582 of 1207 IN WITNESS WHEREOF, the undersigned have herein set their hands and seals this Jy day of 1997. LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., a Florida not-for-profit corporation i By: , DAVID P. ACKERNI[ re ' e Attest: ROBE STATE OF FLORIDA COUNTY OF PALM BEACH ry BEFORE ME, the undersigned authority, personally appeared to me DAVID P. ACKERMAN and ROBERT A. BERTISCH, to me well known to be the President and Secretary respectively of the LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., and executed the foregoing Articles of Amendment and acknowledged before me that they executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I here unto affix my hand and seal at West Palm Beach, Florida this Z" day of '9E0M ►Y%M , 1911. Aul *$Vt' NOTARY PUBLIC, State of Florida at Large My Commission Expires: My Commission Number: 1FIC6AL NarAx s M ALISON ST JOHN NOTARY PUBLIC STATE OF FLORIDA CODS';?_'TON NO. CC5_4776 MXICI M'� � 5 'iLxP. avr.3szoo� ge 583 of 1207 FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State March 16, 1992 LEGAL AID SOCIETY OF PALM BCH. COUNTY 224 DATURA ST., SUITE 301 W. PALM BEACH, FL. 33401 Re: Document Number 719708 Dear SIR: This will acknowledge receipt of your Amended and Restated Articles of Incorporation for LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., which were filed on March 11, 1992. Your remittance totaling $35.00 has been received. Should you have any questions regarding this matter, please telephone (904) 487-6050, the Amendment Filing Section. VELMA SHEPARD Division of Corporations Division of Corporations, PO Box 6327, Tallahassee, Florida 32314 Page 584 of 1207 ARTICLES OF AMENDMENT F@L LEGAL AID SOCIETY OF PALM BEACH COUNTR HW 4 PH 1: 58 � '14 iALL �P'Ar'S« FLTE The undersigned being the President and Secretary of the LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., a Florida not for profit corporation hereby subscribes to, acknowledges and files the following Articles of Amendment: ARTICLE I NAME OF CORPORATION The name of the Corporation is the LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. ARTICLE II AMENDMENTS ADOPTED The Amendments adopted are incorporated in the Amended and Restated Articles of Incorporation, an original of which is affixed hereto and incorporated herein by reference. ARTICLE III DATE OF ADOPTION This Amendment was adopted by the Board of Directors of the Corporation on November 20, 1991. This Amendment was adopted by and approved by the members of the Corporation at a meeting thereof on December 12 , 1991 and the number of votes cast was sufficient for approval. Page 585 of 1207 ADDENDUM TO AMENDED AND RESTATED ARTICLES OF INCORPORATION The undersigned being the President and Secretary of the LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. a Florida not for profit corpora- tion hereby subscribed to, acknowledges and files the following Addendum to the Amended and Restated Articles of Incorporation dated December 12, 1991. ARTICLE XI STATEMENT OF NON -DISCREPANCY Any amendments included in the Amended and Restated Articles of Incorporation have been adopted pursuant to section 617.1007(4), Florida Statutes, and there is no discrepancy between the corporations articles of incorporation as therefore amended and the provisions of the restated articles of incorporation other than the inclusion of these amendments and the omnission of matters of historical interest. IN WITNESS WHEREOF, the undersigned have herein set their hands and seals this o26, day of X , 1992. LEEIAL AID SOCIETY OF PAIIM ,INC. a Florida not for pittfit BY: Attest: STATE OF FIfJRIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared to me RICHARD J. LUBIN and ROBERT A. BERTISCH to me well known to be the President and Secretary respectively of the LEG -AL AID SOCIETY OF PALM BEACH COUNTY, INC. and executed the foregoing Amended and Restated Page 586 of 1207 Addendum to A ded And Restated Articles of in- corporation P. 2 Articles of Incorporation and acknowledged before me that they executed the same for the purposes therein expressed. IN WITNESS WMHEOF, I here unto aff, , my and and seal at West Palm Beach, Florida, this 5A1¢�ay of 1992. PUBLIC, State of Florida At Large My Comnission Expires: , NOTARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP, PAR. 14, 1940 OWED THRU GEAERAL INN 980. My Commission Number.' A Page 587 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. AMENDED AND RESTATED ARTICLES OF INCORPORATION The undersigned, being the President and Secretary of the Legal Aid Society of Palm Beach County, Inc., hereby subscribe to, acknowledge and file the following Amended and Restated Articles of Incorporation. ARTICLE I I NAME AND ADDRESS The name of the corporation is LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., and the principal office and mailing address of the corporation is 224 Datura Street, Suite 301, West Palm Beach, Florida 33401. ARTICLE II DURATION The corporation commenced existence on May 6, 1949 and was reincorporated in accordance with Florida Statutes November 18, 1970. The corporation shall exist perpetually unless sooner dissolved according to law. ARTICLE III PURPOSES The general nature and object of the corporation is benevolent and charitable, and organized to render legal aid gratuitously, if necessary, to all persons appearing worthy of such aid who Page 588 of 1207 shall be unable to procure legal assistance elsewhere, to assist persons without means in the pursuit of any civil remedy and in the protection of their person or property, and to promote measures for the protection of indigent persons. The corporation may also do everything necessary, proper or convenient for the accomplishment of its purpose as set forth herein, and every other act which is not forbidden under the laws of the United States of America, State of Florida (specifically Chapter 617) or by the provisions of these Amended and Restated Articles of Incorporation. The corporation has and intends to continue to qualify for exemption from federal income taxes under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and these Amended and Restated Articles of Incorporation shall be construed consistently with the requirements thereof. ARTICLE IV MEMBERSHIP This corporation is organized on a non -stock basis and shall not issue shares of stock. All attorneys -at -law who are members in good standing of the Palm Beach County Bar Association shall be members of this corporation. The authorized number, qualifications, and manner of admission of persons who are not members of the Palm Beach County Bar Association, the different classes of membership, if any, the voting and other rights and privileges of members, the liability of members for dues or assessments and the method of collection thereof, and the 2 Page 589 of 1207 termination and transfer of membership shall be as set forth in the bylaws of this corporation. ARTICLE V MANAGEMENT OF CORPORATE AFFAIRS The powers of this corporation shall be exercised, its properties controlled, and its affairs conducted by a Board of Directors. The corporation shall have at least ten (10) directors. A majority of directors shall be members of thI Palm Beach County Bar Association. The term of office for each director shall be three (3) years, exclusive of time served as an officer or until a director's successor is elected or appointed, whichever shall occur last. The directors shall be elected annually by a majority vote of the then directors in accordance with the bylaws of the corporation. ARTICLE VI LOCATION OF REGISTERED AGENT The street address of the corporation's registered office is 224 Datura Street, Suite 301, West Palm Beach, Florida 33401. The registered agent at that address is Robert A. Bertisch. ARTICLE VII BYLAWS The bylaws of the corporation may be amended, altered, rescinded or appealed, in whole or in part, by the Board of 3 Page 590 of 1207 Directors in the manner provided therein. Any amendments to the bylaws shall be binding on all members of this corporation. ARTICLE VIII AMENDMENTS TO ARTICLES Amendments to these Amended and Restated Articles of Incorporation shall be made pursuant to law. ARTICLE IX INDEMNIFICATION AND LIMITATION OF LIABILITY The corporation shall indemnify any officer or director, or any former officer or director of the corporation, to the full extent permitted by law. The private property of any member shall not, unless otherwise provided by law, be subject to payment of the corporation's debts to any extent whatsoever. ARTICLE X DISSOLUTION In the event the corporation desires to dissolve and wind up its affairs within the State of Florida and ceases to exist for the stated purposes, Articles of Dissolution shall be filed with the Secretary of State according to the Florida Statutes for dissolving a not-for-profit corporation, and the assets of the corporation after payment of all costs and expenses of such dissolution, shall be distributed to organizations which have qualified for exemption under Section 501(c)(3) of the Internal 4 Page 591 of 1207 Revenue Code of 1986, as amended, or to the federal government, or to the state or local governments for a public purpose, and none of the assets shall be distributable to any member, director, officer or trustee of this corporation. IN WITNESS WHEREOF the President and Secretary hereinbefore named for the purposes of amending and restating the Articles of Incorporation for purposes of operating within and without the State of Florida, hereby certify that the foregoing is a true and correct copy of the Amended and Restated Article of Incorporation, this (Z-.7?CeN2. err /a?- , 1991. LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., a Florida no for profit co tion By \)— \; Attest: 0 uua�aiu�.aa, STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared to me RICHARD J. LUBIN and ROBERT A. BERTISCH to me well known to be the President and Secretary respectively of the Legal Aid Society of Palm Beach County, Inc. and executed the foregoing Amended and Restated Articles of Incorporation and acknowledged before me that they executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I here t Ano affi m hand and seal at West Palm Beach, Florida this 1-:14-1- day o 199,'x. 6 Q NOTARY PUBLIC, State of Florida at Large My Commission Expires: N07ARY PUBLIC STATE OF FLORIDA MY COMMISSION EXP. MAR. 14.1993 5 IONDEO THRU GENE L INS. Ulm. ,4fi- &51,77.3 - -- --_. Page 592 of 1207 IN WITNESS WHEREOF, the undersigned have herein set their hands and seals this 12 day of December , 1991. LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., a Florida not for profit corporation By: y� --\'�) RICHARD J. LUBIN, President Attest: E(EfZT A. ERTISCH, ecretary STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared to me RICHARD J. LUBIN and ROBERT A. BERTISCH to me well known to be the President and Secretary respectively of the Legal Aid Society of Palm Beach County, Inc. and executed the foregoing Articles of Amendment and acknowledged before me that they executed the same for the purposes therein expressed. IN WITNESS WHEREOF, I here unto affix y hand and seal at West Palm Beach, Florida this �_ day of �e_ce.1,ML',C,-- , 1991. NOTARY PUBLIC, State of Florida at Large My Commission Expires: fr NDTARY PUBLIC STATE ®F FLORIDA MY COMMISSION EXP. MAR.24,1993 BONDED THRU GENERAL INS. UND. Page 593 of 1207 James C:' Dorney. Alan F= Brackett' Johnson :1Lobe3't'0. Bal B: 'Liam , Thl: the Ijih hay. q,f'Aprflo 1949.' _ Joe. D. Parish, Jr.. .. sewstit7 Pala vs.4ch Countr. par Association' ORDER Cir. APPROVAL Thq forsgbing prppodgd ohr *ar of LTAAL AID' BOCK r..OF PALN'BUOB CWM' IXG.,'•?'' having been tbis day pr*sentsd for;apprgTal, and it appoaring Visit sans if in pamper fora' j and the onjeot thwisof ie • authorlssd •by the lave of; tho' State of 'flarida,: i IT I0 NOW ORDERED AND ADJUDOO %lot the said proposod aborter to hereby' .approved' and the said LBfiLL AID WOC;iTY CF PAIR BUGH COUNTY, INC., lehersby incorporated As a oorporetion not.for profit, with t* powers And priTllsg*e set forth in. sold-90�xtsr, and It. Ia berib7 grnntdd and'vestsd 'with all the.righ#o, parvo, pnlvilagde; duties- obllpua! d, rtitriotigds anA limitations. ooriferre4 and lapoeid uyO4'suoh o4rporatlgna by . th. yaw, •ot the 8tatt b!' Fdriaa. ' .. .. • ': . • .' • . . ` .: Done and-00sred. at VOq% Pain aeach, Florida,. this tk* 6 day of wy. '1949. C. '!i: Ohi7ll4g'th:. ge.' *itteentb.Jvdioia . Sirault -Judge of.. orida, In and for.Pa212— NOWT.-STATE 12 • Fi1.a 'Ma* 6th, '19y9. ,at 2:55 P, M., FALN MAN LegNTT'- eTATE Of FL, 811A . .. . I hereby cesdj'➢ chat cbC, and ;recordso. In. CorpPratlgn aboi' 15 . foregoing 10-a true .copy of a tecotd my office • t Page 5�- • .. •---;.19, J. ALEX ARa6TTt;. Cle k of Clratflt Court. Thiele, Daynf.. , . J�H N B. UNKL� 9y i T%71 ' . i,..:. - Ir .ru a a.: / "•D: C. ' % rcuit Caurt. ; 77. Page 594 of 1207 PRO$Oemb- OUR= IxRi AID• e00IEit" Or PRIX BLOH: 06UM, Ild. Sbi.maders}gpsd asmbss oU.,tbs. Lagat AU Commutes of: the Bsios-Oauoty Bar Assoolationk pursuant to the *uthority and'dirsotlon of the, said Aseoo"tion..an 'shown by"a" duly osstlfidd bopyat.&.resolution and a odrtlfiosts of the loorstary of Sold Aasoolatlon bsrsto 4t"abed: arW .Sada .w past iwriof•,' da li4i•sby. anSooiS'le .ourselves together for parpoes or inoorpgrating Legs; ,lid pogisty of ]I—oh Qounty,Inn., as. a oorparation- not for:paofit,'and propose the fallowing•ap 4.otirter th9rsLort The pa4,e:af. fhs oorparation shill tta'.IiAeL AID 80QIlSYOR; PJLN BLOH OpOB4f. 0144ts pr;nolp*l offl. shall ba -In the Olty of West. Pala -poach,"11�1aa, The general nature and objsoi of tbi 9orporation"ars benevolent and obaritable, that to say,It is .orgaatsed*to randsr legal aid plmtuitouslg.:, 12-8spaesary,:to rll psrsoas appearing worthy.of suoh old who.shall'bs unable to•.proours.Io al ae�istanse slserhsrn.- to.asalst persons without means In the" pursuit of anr• olwil rssedy and. In. Me. Oatectloo of .thslr "psrtoa•.or propsrty,ond .to promote measui ss for 'tbe protsotlon of indig*nt persons. Page 595 of 1207 It. se *rA. ahaz'� s::further. thq. Ii�si'Poaa or raid oo�por,�tT00 to proud. the -ft '1® niesaaarr to•piy.. naeglsary posteJo- equipping and. malotalniag as offioa'asus paying. .the . ooapeeypipo of.an. pfries..ittsndant:to:ai¢ an_d'aasist io.renderia$,.lag*1 aeoietaaoo.ae' Iii. ; qu%2Ifidation' of eieibdri and. the sssnner p thmlr adaleriod eba11' ba. �t Any person desiring to become a iiiiber. raj be sid'gitSad lay;a tnsi-third tote'. of .the Diractsu•r at .bny of theca. aaetings. . Tba :oorpsustion sball'.s slat until it .shall be dissoltsd' aocprying ,to lar. Tit.' atiea and 'realdincas pf the subiiarlbers are. an folio"'. ii. A.. N.4313 ! ,, Wast Pal *each,' Fla.. JIat 's.. 401MON • 8914. Olds; flu. Fea90I5 Z.':IDYa L1se Wart6, Fla.. . JTRAGID: f. r JAo" jow Worth, Fla. ! 'ifiIL Use L[A•1'. I?alray. Boaohs Fla. dale Q. '.DOS we t, Pala Beach., Ola.` . ALN'F: BB qq t... •' Vast Pala Beach, tla. W. 1.•JO91iO0eWist'Pel Beach, Fla. 'BOBM Is: IM%7 T .' Vast Film Brach$'' Fla.' HAL 'O. IVieB Wiat'.Aal 6aa6h, lla. �'. She affai*s of the oorporatlon a;a' to be gaverped and managed' by a Hoard or I not Irma lbao.flys. 'nor mora %ban.thirtaaq,.who: shall.be.elected annually by* the, Paln Baao :.•tJossaty .Bar Noopiatlon, .the first,.Bpard of Directors or said: oorpgratlod .to.cowlet. of tb 'i eubeOTibeis hereto; as and�ognstityting the Legal Aid Qolaittes of tba pals Beach Qouaty Bar 48e0c ation, and. as many." thres.otbara, to ba.,appolatsd bT.ths,PrsslOsat of.ths a. Paln%Beaoh.,Gounty•bar AssoeiatLon...Iq any and all eventsi.a.amjorlty of the said *pard .. of.-Diricio"re shall' ba.webera in gogd.'s�tasullssg of. the Pala Deacp Qounty Bar Aisooiatioa. i lbs.'by—Lrs of: fLo corporatlo6 iyri 'tp• bei aadai ,midarea oe• roa0lndasl b1 ,iajoaity `ots of ths'poaro of Directors. :ha:officers of the loaiatj @41l be s.-President, Vice President, laoretary, E -and*Troasurer. rho shall be elected and @ball hold olfloi until their suooasaoeo.ars'• si elgo'tsd.and. qualify • and- have aooeptsd: The highest'aeosint of Indebtedness or liability to which the. corporation my' I.. .av any time.anblaot itself @ball be a sue equal to two-thirds of the value of the property Page 597 of 1207 REe01UT19M HL IT RESOLVED, by-this-.-Palo ppacb p.ountg ' A:uoolatiQA, that the IePal *id 00ami•ttse of•'tile Pala Beach County Bar.Assopiation la boraby authors;ad end dirsgted to* d %a", such steps as it shall Asea .proper to eetablisb a formal-,'charitabli.and nohrprof;t. porpora;ion, to be kgovn •as the Legal aid Soclety'of Perim Beach Copnty, Dureuant 't.o . tha'provleions of the Lir of the Stats of'Florida Tor benevolent and charitable purposes, to render legal aid gratuitously,, If. necessary, to all appearing v9'rtb7-of the ears and bh shall be unable to procure legal assistance elsewhere, to assiat peraonp without means. in thi, pirsulf. cf • any gitil re"dy'and in the protection of their 'pii'io6 or' property, and to - •promote,msasurao for the protection of.indigent persona; and BE IT FURTHER RESOLVED, that said oceporation shall bi governed .by a Board of: Directors of apt lee• than five nor. more.' than thirteen, coniiating of attornsye, businsesse ,judges, clergy and representatives of velfare agencies, to be •looted by the Pala Beach Ocunty nor Assoolatlon, ibe first;BW.d of Directars of said aorpara;lon'to acgelst of the Nslbsr&. of the present Legal did Coaeittes.of the Palo Beach pounty Bar.�eepeiation and ere many ai three otbarp, to be appointed by the President of the Afsooiatlon,.but In all event a majority of. said Board'+hall be, *p*bers- of The Pala beach Ocunty Ski •a&.aoclatioai;, aw. •' HE It FURlFRA RESOLVED,fbat,ths'present.Legal Ald Consittea of this Assoolation Is directed tc tale all otepe.riquirsd:and incidental to•oreating &.aid corporaticb and to apply to and "colre from. the 0cnpmanity Ghost of the. Palm Fpsachse 4r. any other agency or irdisidual financial'assist iacldpntal•to top op&.ration of such legal aid 'epaietj. PALM BEACH COUN$Y BAR ASBO'MATION West Palo Beach, Florida I KMUT CERTIFY •that the foregoing resolution It }•true and porrsct copy -of that risolotlon,unanloously adopted by the Palo Beanh Cougty Bar Association at itr regular son'Chly'sesting, held April 11th, 1949,.at West. Pala Beach, Florida. This. thq,l3th day of April, 1949. ' �. Jos. D:• Farioh, Jr.. - tSao rotor. Fahr Be sob Coup y Par AsroQlation PALM BEACH,00UNY BAA,ASBOCIATION - West Palo Bpach, Florida I NERE1ff'OERTIF7 that the following named members 4f the Pa7.a beach County Bar Association are the duly appointed ambers of the Legal Aid Ooamittoo for the year 19491 P L. A: M00-307, Ohairamn Jac; 0. Johnson d Frannie It.. Love Jsirrold F. J;oob Mil NaoNIUan zc ..>, :a ..;cNrs.n- ;a:•o--.,,.,�,^;y:w.+s.wn='• - -a ..+.n .�.., r. -.�-.n�nr.•^otss. •=--nom..,. ..,-....:n,er•c•'.[.Ad-.-(�-m7 , .+ State of Florida Department of State Great Seal of the State of Florida I, Tom Adams, Secretary of State of the State of Florida, Do Hereby Certify That the following is a true and correct copy of Original charter LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. filed in the Circuit Court of Palm Beach County, Florida on the 6th day of May, A. D., 1949, coming in by Amendment under the same name LEGAL AID SOCIETY OF PALM BEACH I COUNTY, INC., a corporation not for profit, organized and exist- ing under the Laws of the State of Florida, filed on the 18th day of November, A. D., 1970, as shown by the records of this office, Given under my hand and the Great Seas of the State of Florida at Tallahassee, the Capital, this the 23rd day of November, _ A.D. 19 70. Great Seal of the State of Florida s/ Tom Adams Secretary of State Page 599 of 1207 AFFIDAVIV OF PRESIDENT OF LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. To: HONORABLE TOM ADAMS SECRETARY OF STATE TALLAHASSEE, FLORIDA I, the President of Legal Aid Society of Palm Beach County, Inc., a Florida corporation not for profit, do hereby certify that the document attached hereto as Exhibit A is a certified copy of the Charter of said corporation. IN WITNESS WHEREOF, I, the undersigned President, have hereunto set my hand and seal this 4t -b, day of November ,1970.1 I. C. Smith President STATE OF FLORIDA SS. COUNTY OF PALM BEACH) SUBSCRIBED and sworn to before me, the undersigned authority, this 4th day of November 1 1970 (NOTARIAL SEAL) Marjorie J. Kelly Notary Public in and for the County and State Aforesaid My Commission Expires: Notary Public, State of Florida at large My Commission expires Jan. 8, 1974 Page 600 of 1207 FIRST AMENDMENT TO THE CHARTER OF LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. WHEREAS, The Board of Directors of Legal Aid Society of Palm Beach County, Inc., a Florida corporation not for profit approved by the Circuit Judge in Palm Beach County, Florida, on May 6, 1949, has approved, subject to approval thereof by the Secretary of State of the State of Florida, amending its Charter as hereinafter provided: NOW THEREFORE, it is provided that such Charter be amended by adding thereto the following, XI. Upon dissolution of this corporation, all of its remain- ing assets, after payment of all costs and expenses of such dissolution, shall be distributable to organizations which have qualified for exempt- ion under Section 501 (c)(3) of the Internal Revenue Code, or to the Federal Government,or to the State or local governments for a public purpose, and none of the assets shall be distributable to any member, director, officer or trustee of this organization. IN WITNESS WHEREOF, we, the undersigned, President and Secretary; have hereunto set our hands and seals this 4th of November . 1970. ATTEST: By: Ballard R. Donnell. BALLARD R. DONNELL SECRETARY (SEAL) LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. By. I. C. Smith I. C. SMITH, PRESIDENT Page 601 of 1207 STATE OF FLORIDA ) SS. COUNTY OF PALM BEACH) SUBSCRIBED and sworn to before me, the undersigned authority, this 4th day of November 1970. (NOTARIAL SEAL) Marjorie J. Kelly Notary Public in and for the County and State Aforesaid My Commission Expires: Notary Public, State of Florida at Large My Commission expires Jan. 8, 1974 Page 602 of 1207 State of Florida Department of State Great Seal of the State of Florida I, Tom Adams, Secretary of State of the State of Florida, Do Hereby Certify That the following is a true and correct copy of Original; charter LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. filed in the Circuit Court of Palm Beach County, Florida on the 6th day of May, A. D., 1949, coming in by Amendment under the same name LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., a corporation not for profit, organized and exist- ing under the Laws of the State of Florida, filed on the 18th day of November, A. D., 1970, as shown by the records of this office, Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the 23rd day of November, A.D. 19 70. Great Seal of the State of Florida s/ Tom Adams Secretary of State Page 603 of 1207 AFFIDAVIT OF PRESIDENT OF LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. To: HONORABLE TOM ADAMS SECRETARY OF STATE TALLAHASSEE, FLORIDA I, the President of Legal Aid Society of Palm Beach County, Inc., a Florida corporation not for profit, do hzreby certify that the document attached hereto as Exhibit A is a ceici:fied copy of the Charter of said corporation. IN WITNESS WHEREOF, I, the undersigned President, have hereunto set my hand and seal this_ 4th day of November ,197(', I. C. Smith President STATE OF FLORIDA ) SS. COUNTY OF PALM BEACH) SUBSCRIBED and sworn to before me, the undersigned authority, this 4th day of November 1970 (NOTARIAL SEAL) Marjorie J. Kelly Notary Public in and for the County and State Aforesaid My Commission Expires: Notary Public, State of Florida at large My Commission expires Jan. 8, 1974 Page 604 of 1207 FIRST AMENDMENT TO THE CHARTER OF LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. WHEREAS, The Board of Directors of Legal Aid Society of Palm Beach County, Inc., a Florida corporation not for profit approved by the Circuit Judge in Palm Beach County, Florida, on May 6, 1949, has approved, subject to approval thereof by the Secretary of State of the State of Florida, amending its Charter as hereinafter provided: NOW THEREFORE, it is provided that such Charter be amended by adding thereto the following: XI. Upon dissolution of this corporation, all of its remain- ing assets, after payment of all costs and expenses of such dissolution, shall be distributable to organizations which have qualified for exempt- ion under Section 501 (c)(3) of the Internal Revenue Code, or to the Federal Government,or to the State or local governments for a public purpose, and none of the assets shall be distributable to any member, director, officer or trustee of this organization. IN WITNESS WHEREOF, we, the undersigned, President and Secretary, have hereunto set our hands and seals this 4th day of November , 1970. LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. ATTEST: By; I. C. Smith By: Ballard R. Donnell I. C. SMITH, PRESIDENT BALLARD R. DONNELL SECRETARY (SEAL) Page 605 of 1207 STATE OF FLORIDA ) SS. COUNTY OF PALM BEACH) authority, this (NOTARIAL SEAL) SUBSCRIBED and sworn to before me, the undersigned 4th day of November , 1970. Marjorie J. Kelly Notary Public in and for the County and State Aforesaid My Commission Expires: Notary Public, State of Florida at Large My Commission expires Jan. 8, 1974 Page 606 of 1207 RouE$T O. ROGEBS AITOBNEY THE 400 BUILDING 400 ROYAL PALM WAY PALM HRACR. FLORIDA 33480 TELEPHONE 833-4595 October 14, 1970 •1 Ballard R. Donnell, Esq. Legal Aid Society of Palm Beach County, Inc. , 506 Citizens Building West Palm Beach, Florida Dear Mr. Donnell: Enclosed herewith is a completed Exemption Application, Form 1023, for the Legal Aid Society. The various exhibits referred to in the attach- ment to the Form 1023, as previously provided by you, are not enclosed with the exception of Exhibit B, a proposed charter amendment. As you may recall, it is necessary that the corporate charter provide for disposition of the assets to an exempt organization upon its disso- lution. The current charter of the Legal Aid Society does not meet this standard imposed by the regulations. Accordingly, it will be necessary that the corporate charter be amended. In the meantime, however,, it is suggested that the Form 1023 be filed with a request that the Internal Revgnue Service make its deter- mination subject to proper amendment being made in the future, in view of the complexities involved in obtaining such an amendment. I have also included a Statement that the Legal Aid Society is not a "private foundation" as defined in the Code. The Tax Reform Act has imposed stricter requirements on organizations that are "private foundations" or fail to state and show they are not. This Statement and the Form 1023 will serve to notify the Service as to the nonprivate foundation status of the Legal Aid Society. If you have no objection to the contents of the form nor to the language of the proposed charter amendment, please see that the Form 1023, as well as the enclosed Power of Attorney, are properly executed, impressed with the corporate seal, and returned to me for filing with the Internal Revenue Page 607 of 1207 Ballard R. Donnell, Esq. Page 2 October 14, 1970 Service. Also, please see that the Statement is executed where indicated and returned with the other documents. ROR:clt Enclosures as stated Very truly yours, Robert (0. Page 608 of 1207 *AMENDED AND RESTATED BYLAWS OF LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. (A CORPORATION NOT FOR PROFIT) ARTICLE I NAME, OBJECT, AND ORGANIZATION Section 1. NAME: The name of this Corporation is the LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. Section 2. OBJECTS: The general nature, objects and purposes of this Corporation are: To provide or help provide legal services for economically or otherwise disadvantaged persons and groups in Palm Beach County, Florida; To promote compliance with the fulfillment of the attorney's Rules of Professional Conduct by soliciting and encouraging the support of local attorneys; To ensure that no qualified applicant will be denied legal counsel and/or representation in civil legal matters solely because of inability to pay for such services; To establish, conduct, manage, promote, and otherwise support projects which will increase community understanding of individual legal rights, remedies, and responsibilities, and to publicize the availability of legal services by any and all methods consistent with high ethical standards of the legal profession; To provide or help provide legal assistance to non-profit 501(c)(3) organizations in Palm Beach County, Florida, which primarily serve the low-income community; Amends revised Bylaws dated July 20, 1978 and subsequent amendments dated February 28, 1979, May 21, 1981, December 12, 1991 April 27, 1998 August 25 1999 September 29, 1999. November 14, 2001, September 15, 2008, February 22, X011, October A, 2012 and May 24, 2016. Page 609 of 1207 To accept and seek financial and other forms of support from agencies of Federal, State, and/or Local Governments, or from corporations, trusts, partnerships, or persons, in order to carry -out the objects of the Corporation; To have and exercise all of the corporate powers enumerated in Section 617.021, Florida Statutes, and all other powers consistent therewith, including all powers implicit in the objects outlined in this article, necessary and proper to the operation of this Corporation. Section 3. POWERS: The Corporation shall have the power, either directly or indirectly, either alone or in conjunction or cooperation with others, to do any and all lawful acts and things to engage in any and all lawful activities which may be necessary, or convenient to effect any or all of the objects for which the Corporation is organized, and to aid or assist other organizations whose activities are such as to further accomplish, foster, or attain any of such purposes. The powers of the Corporation shall include, but not be limited to, the acceptance of contributions from both the public and private sectors, whether financial or in-kind contributions. Notwithstanding anything herein to the contrary, the Corporation shall exercise its powers only in furtherance of exempt purposes as such terms are defined in Section [501(c)(3)] of the Code and the regulations promulgated thereunder. Section 4. ORGANIZATION: This organization is a non-profit, non-political and nonpartisan corporation existing under and by virtue of a Charter granted by the Circuit Court in and for Palm Beach County, Florida on May 6, 1949 and incorporated under the laws of the State of Florida on November 4, 1970. Section 5. NON-PROFIT STATUS: The Corporation'is a non-profit organization, and no part of the net earnings of the Corporation shall inure to the benefit of or be distributable to, any Director, officer, or other private person, except that the Corporation shall be authorized and 2 Page 610 of 1207 empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the Articles of Incorporation and these Bylaws. In the event of any liquidation or dissolution of the Corporation, the Board of Directors shall distribute all of the assets of the Corporation for one or more exempt purposes within the meaning of Section 501(c)(3) of the Code, or to the United States of America, any State thereof, or any political subdivision of any State, for exclusively public purposes, as the Board of Directors of the Corporation shall determine. ARTICLE II MEMBERSHIP (This section intentionally left blank) ARTICLE III DIRECTORS Section 1. QUALIFICATIONS: Directors shall be selected from: a. Attorneys practicing in Palm Beach County who are in good standing with the Florida Bar, b. Such other persons and organizations who are interested in the delivery of civil legal assistance to economically, or otherwise disadvantaged persons, and who are residents of or have their principal offices in Palm Beach County, Florida. Section 2. BOARD OF DIRECTORS: The property, affairs and business of the Corporation shall be managed and its corporate powers exercised by a board of not more than thirty-five (35) Directors. A majority of the Directors shall practice law in Palm Beach County and at least four (4) directors shall be non -attorneys. Of the total board, at least one (1) director shall reside or have his or her principal office in each of the following areas: South County area 3 Page 611 of 1207 (south of Lantana Road), North County area (north of Blue Heron Boulevard) and the West County area (west of State Road #7 [441]). One (1) of the thirty-five (35) directors shall include the Executive Director of the Palm Beach County Bar Association or a member of its Board of Directors. In essence, the composition of the Board should be representative of the diverse segments of the Palm Beach County Community. Section 3. ELECTION: Directors shall be elected by a majority vote of the Board of Directors of the Corporation upon recommendation of the Board's Nominating Committee. Nominations may be submitted by any person qualified for election as a Director, in accordance with the provisions of Section 1 of this Article. Section 4. TERM OF OFFICE: The term of office for each Director shall be three (3) years, or until his or her successor is elected or appointed. However, if a Director becomes an officer at any time during his or her term, that Director's term shall be tolled during the time they serve as an officer. Directors can serve for three (3) consecutive terms and shall be eligible to reapply for a Director position after having been off the board for a minimum of one year. Upon recommendation of the Nominating Committee, the Board of Directors by a two-thirds (2/3) vote of those present may waive the term limit requirement for a board member. Section 5. DUTIES OF THE BOARD OF DIRECTORS: The Board of Directors shall have control and general management of the affairs and business of the Corporation, shall determine the policies of the Corporation, and shall adopt rules, regulations and guidelines which it deems necessary and proper to carry out its policies and its duties, but not inconsistent with these Bylaws, nor with the Laws of 'the State of Florida'. The Board has the fiduciary responsibility for the Corporation, and its duties include, but are not limited to, the hiring of the Executive Director, election and removal of officers, approval of financial policies, approval of 4 Page 612 of 1207 the annual budget, approval of the selection of the independent auditor and review and acceptance of the annual audit, the appointment of legal counsel and the meeting of the required conflict of interest standards. In particular the Board of Directors shall: a. Promulgate and publicize clear standards and procedures for determining the financial eligibility of applicants, taking into account relevant factors such as net income, assets, obligations, family size, health, cost of living standards, and the availability of private attorneys to handle the matter; b. Not interfere in any way with the attorney in carrying out his or her professional responsibility to clients as established in the Rules of Professional Conduct of the Florida Bar; C. Impose no arbitrary restrictions that limit civil legal assistance either by forum or parties, although the Board may determine, because of limited resources and personnel, to implement a rational system of case load control; d. Carry out those other functions as are contained elsewhere in these Bylaws. Section 6. DIRECTORS MEETINGS: Meetings of the Board of Directors shall be held at least six (6) times per year. Special meetings of the Board of Directors may be called by the President or Executive Director at any time and shall be called by the President, Executive Director, or Secretary upon the written request of five (5) Directors. Section 7. NOTICE OF MEETINGS: Notice of regular meetings shall be given by regular mail, postage prepaid to the post office address of each Director, or by email via an email address provided by the Director, or by' other such method as the Board may determine from time to time, at least three (3) days before the date designated for such meeting. Special meeting notices shall be given by regular mail, postage prepaid to the post office address of each Director 5 Page 613 of 1207 at least two (2) days before the date designated for such meeting. The notice shall specify the time and place of such meeting, and the business to be brought before the meeting. A statement contained in the minutes of any meeting of the Directors over the signature of the Secretary to the effect that due notice of such meeting has been given shall be conclusive evidence that proper notice of such meeting has been given in one of the ways provided herein. Any meeting of the Board of Directors may be held by means of a telephone conference circuit, and connection to such circuit shall constitute attendance at such meeting. Section 8. QUORUM: The presence of twelve (12) of the members of the Board of Directors then serving shall be necessary at any meeting of the Board to constitute a quorum to transact business. The act of a majority of Directors present at a meeting when a quorum is present shall be the act of the Board of Directors. In the absence of a quorum, a majority of the Directors present may adjourn any meeting from time to time until there is a quorum. Notice of any adjourned meeting need not be given. The Directors shall act only as a Board and the individual Directors shall have no power as such. Section 9. VOTING: At all meetings of the Board of Directors each director shall have one (1) vote on each issue voted upon. Unless otherwise provided by the Bylaws, or by resolution of the Board, all elections shall be held and all questions decided by a majority vote of the directors present. Section 10. RESIGNATION: Any Director of the Corporation may resign at any time by giving written notice to the Board of Directors, the President, or the Secretary of the Corporation. The resignation of any Director shall take effect at the time specified therein; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 6 Page 614 of 1207 Section 11. VACANCIES: Vacancies on the Board occurring between annual elections shall be filled for the unexpired portion of the term by election by the Board. Section 12. REMOVAL OF DIRECTORS AND OFFICERS: Any Director or officer may be removed from office or from the Board by the affirmative vote of a majority of the directors wherever, in the Board's judgment, the best interests of the Corporation would be served thereby. Any such director or officer proposed to be removed shall be entitled to at least five (5) days notice in writing by mail of the meeting at which such removal is to be voted upon and shall be entitled to appear before and be heard at such meeting, at which time said director may present witnesses on his or her behalf and present defenses as he or she shall deem advisable. Failure to attend three (3) consecutive meetings or 50% of meetings within any fiscal year, absent extraordinary circumstances as determined by the Board, shall constitute cause for removal of a Director. Section 13. STANDING COMMITTEES: The Board of Directors shall establish such committees as may be needed to run the corporation. Such standing committees shall be as follows: A. The Executive Committee. The Executive Committee shall be composed of all officers and other Board members deemed necessary by the President, who shall have and exercise the authority of the Board of Directors, in the management of the business of the Corporation between meetings of the board and subject to the limitations imposed by the Florida Not -for -Profit Corporation Act; B. The Audit Committee, shall be responsible for selecting the agency's auditor and shall meet a minimum of one time per year to review the audit and present it to the full board for 7 Page 615 of 1207 review and acceptance. One member of the Audit Committee shall not be a member of the Board of Directors. C. The Finance Committee shall be chaired by the Treasurer and responsible for the financial operation and continued solvency of the Corporation; D. Personnel Committee, which shall include, but not be limited to, reviewing and approving personnel policies and changes to existing policies and reviewing all personnel related materials so as to assure the Corporation's compliance with all state and federal labor and employment laws; E. Nominating Committee, which shall review all applications for nomination of individuals to the Board of Directors and make recommendations to the Board of such persons as the majority of the Nominating Committee selects and present a slate of officers to the Board of Directors at its annual meeting; F. Resource Development Committee, which shall oversee all fundraising activities, resource and asset procurement, and work directly with the Development Director and staff; and G. Long -Term Planning Committee, which shall review and update the five year plan outlining the goals and objectives of the Corporation; the projected capital, personnel and equipment related long term needs of the Corporation; and how those goals and objectives will be achieved for the continued fiscal viability of the Corporation. In order that no action is taken without the acknowledgment of the Board of Directors, all actions of the committees shall be deemed recommendations only and shall take effect only upon the approval of a majority of members of the Board of Directors at any meeting where such recommendations are presented. 8 Page 616 of 1207 The Board of Directors shall have the authority to establish such other committees which they deem necessary for the successful operation of the corporation. All committee members and their chairpersons shall be appointed by the President of the Board of Directors following each annual meeting and thereafter as the President or a majority of the Board of Directors deems fit. Section 14. GENERAL STANDARDS FOR DIRECTORS: A Director shall discharge his or her duties as a Director, including his or her duties as a member of a committee: (a) in good faith; (b) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (c) in a manner he or she reasonably believes to be in the best interest of the Corporation. In discharging his or her duties, a Director may rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by (a) one or more officers or employees of the Corporation whom the Director reasonably believes to be reliable and competent in the matters presented; (b) legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; or (c) a committee of the Board of Directors of which he or she is not a member if the Director reasonably believes the committee merits confidence. A Director is not acting in good faith if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted unwarranted. A Director is not liable for any action taken as a Director, or any failure to take any action, if he or she performed the duties of his or her office in compliance with this section. Section 15. DIRECTOR CONFLICTS OF INTEREST: No contract or other transaction between the Corporation and one or more of its Directors or any other corporation, firm, association, or entity in which one or more of its Directors are directors or officers or are 9 Page 617 of 1207 financially interested, shall be either void or voidable because of such relationship or interest, because such Director or Directors are present at the meeting of the Board of Directors or a committee thereof which authorizes, approves, or ratifies such contract or transaction, or because his or her or their vote(s) are counted for such purpose, if (a) the fact of such relationship or interest is disclosed or known to the Board of Directors or committee which authorizes, approves, or ratifies the contract by a vote or consents of such interested Directors; (b) the fact of such relationship or interest is disclosed or known to the directors entitled to vote on such contract or transaction, if any, and they authorize, approve, or ratify if by vote or written consent; or (c) the contract or transaction is fair and reasonable to the Corporation at the time it is authorized by the board. Common or interested Directors may be counted in determining the presence of a quorum at a meeting of the Board of Directors or a committee thereof which authorizes, approves, or ratifies such contract or transaction. Section 16. BOARD OF TRUSTEES: The Corporation shall have a Board of Trustees consisting of all past Board Chairs and those Directors of the Corporation who have been elected to the Board of Trustees by the Board of Directors. The functions of the Trustees shall be to assist in such business of the Corporation as requested by the President of the Board of Directors and/or the Board of Directors and to support the events and policies of the Corporation. The President of the Board of Directors shall also serve as the presiding officer over the Board of Trustees. The Board of Trustees shall serve in an advisory capacity only and shall have no fiduciary powers, voting or other rights of a Director. The Board of Directors shall have the power to remove any Trustee from the Board of Trustees for any reason. The Trustees shall be expected to attend the Corporation's Annual Meeting. 10 Page 618 of 1207 ARTICLE IV WAIVER OF NOTICE; UNANIMOUS CONSENT Section 1. WAIVER OF NOTICE: Notice of the time, place and purpose of any meeting of the Board of Directors of the Corporation may be waived in writing by any Director of the Corporation either before or after such meeting; and attendance in person at a meeting of the Board of Directors shall be equivalent to having waived notice thereof. Section 2. UNANIMOUS CONSENT OF DIRECTORS: Insofar as permitted by law and unless otherwise restricted by the Articles of Incorporation or these Bylaws, any action required or permitted to be taken at any meeting of the Board of Directors of the Corporation may be taken without a meeting if prior to such action a written consent thereto is signed by all Directors and such written consent is filed with the records of the Corporation. ARTICLE V OFFICERS Section 1. OFFICERS: The officers of this Corporation shall be Directors and shall consist of the President, Immediate Past President, Vice President, Secretary, and Treasurer and such other officers and employees as the Board may deem necessary. Section 2. ELECTION OF OFFICERS: The Board of Directors, at its annual meeting, shall elect a President, a Vice President, a Secretary and a Treasurer from a slate of candidates offered by the Board's Nominating Committee. Nominations shall also be taken from the floor. The Board shall have the power to appoint such other officers as it deems necessary and fill any vacancy in any office, occurring for any reason whatsoever. The annual meeting to elect officers of the Board of Directors shall take place the last month of the fiscal year or at such other time as the Board of Directors designates. 11 Page 619 of 1207 Section 3. TERM OF OFFICE: Officers shall serve one (1) year terms and may be re- elected for additional terms of office so long as they do not serve the same office more than two (2) consecutive one (1) year terms, unless otherwise approved by a two-thirds (2/3) vote of the Board of Directors. Officers can be removed as provided in Article III, Section 12. Section 4. PRESIDENT: The President, or his or her designee, shall preside at all meetings of the Board of Directors and shall be the administrative head of this organization, exercising the general supervision of its affairs. The President shall act as the Corporations' spokesperson and representative in any matters pertaining to the activities of the Corporation. He or she shall enforce the Bylaws and perform all duties incident to the position and office, and which are required by law. The President may delegate to the Executive Director whichever of such duties are deemed suitable. Section 5. IMMEDIATE PAST PRESIDENT: The Immediate Past President shall give counsel and advice to the President and Board of Directors and serve as a member of the Executive Board. Section 6. VICE PRESIDENT: During the absence or inability of the President to render and perform his or her duties or exercise said powers, as set forth in these Bylaws, the Vice President shall have all the powers and be subject to all the responsibility herein given to and imposed upon the President. Section 7. SECRETARY: The Secretary shall be responsible for seeing the minutes of the meetings of the Board of Directors are kept and all notices of the Corporation are served. The Secretary shall be the custodian of the records and of the seal, affix the seal when required, shall present to the Board of Directors at its meetings all communications addressed to the Corporation, and shall attend to all correspondence and perform all of the duties incident to the 12 Page 620 of 1207 office of Secretary. The Executive Director employed by this Corporation shall assist the Secretary with all of the aforesaid duties. Section 8. TREASURER: The Treasurer shall work with the Executive Director and other appropriate staff to develop and monitor financial policies and procedures and the annual budget and to perform such other duties as are prescribed by the Board of Directors or President. ARTICLE VI EXECUTIVE DIRECTOR Section 1. EXECUTIVE DIRECTOR: The Board of Directors is authorized and empowered to employ an Executive Director, who shall be an attorney who is licensed to practice law in the State of Florida and who has practiced law in any state for a minimum of five (5) years and who shall carry out the duties herein prescribed. The Board of Directors shall pay the Executive Director such reasonable compensation as it, within its discretion, deems advisable. Section 2. DUTIES: The Executive Director shall perform the following duties: a. Assist all officers of the Corporation, and shall attend all meetings of the Board of Directors, and shall perform such duties as the President of the Corporation may delegate to him or her. b. Notify all parties concerned of meetings of the Board of Directors in writing, as prescribed elsewhere in these Bylaws. C. Hire and supervise all staff personnel for the purpose of providing legal assistance to the qualified applicants. 13 Page 621 of 1207 d. Manage and direct all offices which the Corporation may open and utilize for the screening of legal aid applicants and the dispensing of legal assistance to the qualified applicants. e. Serve as publicity representative of the Corporation, and shall be charged with securing suitable publicity concerning the activities of the Corporation and the availability of legal services to be provided by the Corporation to qualified applicants. f. It shall be the policy of the Corporation not to: 1. Provide legal assistance with respect to any case generating an attorney fee from the opposing party where a private attorney is willing to represent that individual. However, in the event two (2) private attorneys reject the individual's case, or in those circumstances when the case is not of the type taken by private attorneys in the community, then the Corporation can accept representation and attorney's fees; 2. Provide legal assistance with respect to individuals charged with crimes. g. Ensure that applicants who are not eligible for legal assistance by this Corporation are informed of the Lawyer Referral Service of the Palm Beach County Bar Association. The Corporation shall cooperate with the Palm Beach County Bar Association in the promotion and referral of clients to the Lawyer Referral Service. h. Ensure that no recipient of legal services from the Corporation shall be charged any fee for the services provided, except that recipients are encouraged to absorb expenses incident to the conduct of their legal affairs, including but not limited to, 14 Page 622 of 1207 court costs, service of process costs, discovery costs, and long distance telephone expenses. i. Manage and direct the screening of applicants for legal aid services in compliance with the client eligibility guidelines, rules, and regulations established by the Board of Directors. j. Ensure the monitoring and evaluation of the caseload of staff attorneys to ensure that qualified applicants receive quality legal assistance and maintain a pro bono program to handle eligible clients whose legal problems cannot be handled by staff attorneys. k. Ensure the maintenance of the records of the legal services provided by the Corporation which indicates the number of persons interviewed; final disposition of each client, whether handled by a staff attorney or referred to a pro bono attorney, and shall submit a monthly report in writing to the Board of Directors covering the information. Progress dockets shall be maintained on all active cases, and will include an application form signed by the client for legal aid services. ARTICLE VII REMUNERATION AND ATTORNEY'S FEES Section 1. The directors and officers of this Corporation shall perform their duties without compensation or remuneration for their services as such. Section 2. The Executive Director and all other staff personnel shall receive reasonable compensation for their services to be paid by the Corporation. Section 3. Neither the Executive Director, staff attorneys, nor any other staff person shall at any time charge a legal aid client a fee for services rendered to the client. This shall not be 15 Page 623 of 1207 construed to inhibit or prohibit staff attorneys from requesting that a Court award attorney's fees in a given legal aid case, but said award shall be handled in accordance with the provisions of Section 5 of this Article. Section 4. Attorneys who practice law in Palm Beach County shall donate their services or make a financial contribution to the Corporation as a public service to economically, or otherwise disadvantaged persons residing in or having legal affairs pending in Palm Beach County. Attorneys shall not charge legal aid clients for legal services. This shall not be construed to inhibit or prohibit attorneys from requesting that a Court award attorney's fees in a given legal aid case, but said award shall be handled in accordance with the provisions of Section 5 of this Article. Section 5. In any cause undertaken by this Corporation on behalf of a client for legal aid services, where an award is made by the Court requiring a party other than the legal aid client to pay attorney's fees, the legal aid staff attorney shall immediately upon collection of said fee, remit it to the Executive Director of the Corporation who shall deposit such monies to the general credit of the Corporation for the furtherance of its work, When an attorney from the private bar collects a court awarded fee, he or she, shall be entitled to keep the fee, however, he or she shall notify the Legal Aid Society's office upon receipt of the fee. Upon collection of a fee for such a case, the private attorney shall not be given credit for representing a legal aid client, unless said fee is returned to the Corporation. Section 6. Nothing herein shall prohibit a Legal Aid attorney, whether staff attorney or pro bono attorney, from encouraging reimbursement for expenses incident to litigation such' as court costs, service of process costs, and discovery costs from the legal aid client on a voluntary basis. 16 Page 624 of 1207 ARTICLE VIII LOANS TO DIRECTORS AND OFFICERS Loans may not be made by the Corporation to its Directors or officers, or to any other corporation, firm association, or other entity in which one or more of its Directors, officers, or employees is a director, officer or employee or holds a substantial financial interest. A loan made in violation of this section is a violation of the duty to the Corporation of the Directors or officers authorizing it or participating in it, but the obligation of the borrower with respect to the loan may not be affected thereby. ARTICLE IX INDEMNIFICATION The Corporation will, pursuant to Section 617.0831 of the Florida Not -For -Profit Corporation Act or any successor indemnification provision, and to the extent legally permissible and only to the extent that the status of the Corporation as a corporation exempt under Section 501(c)(3) of the Code is not affected thereby, indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative by reason of the fact that he or she is or was a Director, committee members, officer, employee or agent of the Corporation (or is or was serving at the request of the Corporation as a trustee, director, officer, partner, employee or agent of another corporation, partnership, joint venture, trust or other enterprise), against all liabilities and expenses (including attorneys' fees), judgments, penalties, fines, settlements and reasonable expenses actually incurred by the person in connection with any such action, suit or proceeding. Expenses, including counsel fees, reasonably incurred by any such Director, committee members, officer, employee or agent in connection with the defense or disposition of any such 17 Page 625 of 1207 action, suit or other proceeding may be paid from time to time by the Corporation in advance of the final disposition thereof upon receipt of an undertaking by such Director, committee members, officer, agent or employee to repay the amounts so paid to the Corporation if it is ultimately determined that indemnification is not authorized hereunder. The right of indemnification hereby provided shall not be exclusive of or affect any other rights to which any Director, committee members, officer, employee or agent may be entitled. Nothing contained herein shall affect any rights to indemnification to which corporate personnel other than Directors or officers may be entitled by contract or otherwise under law. As used in this paragraph, the terms "Director" and "officer" include their respective heirs, executors and administrators, and a "disinterested" director is one against whom in such capacity the proceeding in question or another proceeding of the same or similar grounds is not then pending. The Board of Directors of the Corporation may authorize the Corporation to purchase and maintain insurance on behalf of any person who is or was a Director, committee members, officer, employee or agent of the Corporation, or is or was serving at the request of the Corporation as a trustee, director, officer, partner, employee or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise, against any liability asserted against such person and incurred by such person in any such capacity or arising out of his or her status as such. No Director or officer of the Corporation shall be liable to the Corporation for monetary damages for breach of fiduciary duty as a Director or officer, except to the extent such exemption from liability or limitation thereof is not permitted under the Florida Statutes as the same exist or may hereafter be amended. As used in this paragraph, the terms "Director" and "officer" include their respective heirs, executors and administrators. 18 Page 626 of 1207 ARTICLE X FISCAL YEAR The Fiscal Year of the Corporation shall commence on the first day of October and end on the last day of September. ARTICLE XI RULES OF ORDER "ROBERT'S RULES OF ORDER" latest revised edition, shall be parliamentary authority for all meetings and matters not specifically covered by these Bylaws. ARTICLE XII SEAL The seal of the Corporation shall contain the words: LEGAL AID SOCIETY OF PALM BEACH COUNTY, INCORPORATED FLORIDA 1949. The words shall be suitably arranged upon a circular seal, as prescribed by law, and said seal shall be in the charge of the Secretary. ARTICLE XIII AMENDMENTS TO BYLAWS The Board of Directors may make, amend, alter, revise, or rescind these Bylaws, from time to time, in whole or in part, by a majority vote of the Board of Directors of the Corporation present at any meeting of the Board duly called and convened, at which a quorum is present. [See Next Page for Signatures] 19 Page 627 of 1207 We the undersigned do hereby certify that the foregoing AMENDED and RESTATED BYLAWS were duly adopted by the Corporation at a meeting duly held and called on the day of MM 24, 2016. LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. AV (SEAL) 20 Page 628 of 1207 Member Profile — Tequisha Yvette Myles — The Florida Bar MEMBER PROFILE Tequisha Yvette Myles Member in Good Standing https: //www.floiidabar. org/directories/find-mbr/profile/?num--6765 51 Eligible to Practice Law in Florida Bar Number: 676551 Mail Address: Legal Aid Society of Palm Beach County Practice Areas: 423 Fern St Ste 200 West Palm Beach, FL 33401-5839 Federal Courts: Office, 561-655-8944 Fax S61 -655-S269 Email: tmyles@legalaidpbc.org Personal Bar URL: https://www.floridabar.org/mybarprofile/676551 vCard: 131 County: Palm Beach Circuit: 15 Admitted: 10/07/2003 10 -Year Discipline None History: for the accuracy ofthat additional ir-rmation. Pub —ti— cation of lawyer 1—tae. information In this Usti,,g docs not rncan the lavrycrs Law School: Florida State University College of Law, 2003 Sections: Elder Law Real Property, Probate &Trust Practice Areas: Elder Equal Opportunities Federal Courts: U.S. Court of Appeals for the Eleventh Circuit U.S. District Court, Southern District of Florida Firm: Legal Aid Society of Palm Beach County Firm Size: 21-50 Firm Website: http://wv4w.legalaidpbc.org The Finda Lar�ye directory is provided asa publicservice. The Florida Par maintains Ilmited basicinf--on about l—yers licensed to practice in th—t, g, -- e,address, year of birth, —,h-1,(e lattended, admissionyear).However.ThMows e Florida Bar a lr dimd-lattorneys the pp--Ityt, add personal a nd praofessional I nformation —he direfury.The lain^Jer Isruley responsiblefor reve,i —d a id ing any additi—II nft—tl,]n in the dire,ry. The I...y ' added nfornation i_s not revie—d by The Barfar accura-y and The Ba -makes —.—rantyofanykine,-press ar npl ied. The Florida Bar, its Poand of Governors,e mployee s orrd agents arc not responsible for the accuracy ofthat additional ir-rmation. Pub —ti— cation of lawyer 1—tae. information In this Usti,,g docs not rncan the lavrycrs have agreed to receive unsolicited com munlcations in any form. Unauthorized use oft—data may result in c,il or criminal penalties. The Find a Lavryer directory is nota l—"' referral service. Iofl Page 629 of 1207 4/19/2020, 3:52 PM DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A6280DFDE Tru stwo r VIII (mite i III ��, e y of Palm Beach Count September 19, 2019 On behalf of United Way of Palm Beach County's Board of Directors, I am pleased to inform you that your organization has been approved for funding for Fiscal Year 2019-20 under the Community Investment Fund for the period October 1, 2019 through September 30, 2020. Enclosed is a copy of the 2019-2020 United Way of Palm Beach County (UWPBC) Agency Agreement for your agency's funding allocation and the Electronic Funds Transfer Authorization form. To execute your Agency Agreement with United Way, you must provide the following no later than September 30, 2019: • E -sign the Agency Agreement. • Complete and a -sign the EFT Authorization Form. Also upload a copy of a voided bank check. You must provide a completed EFT Authorization Form regardless if United Way has an existing form on file. • Upload a copy of your agency's Certificate of Insurance as described in Section J of the Agreement. The following reflects contract changes/updates for this fiscal year: • Section A. United Way Agrees, 2 • Section B. Impact Partner Agrees, 2, 18 • Section C. Standards of Accountability, Standard 3 • Section G. Termination of Agreement and Suspension or Reduction of Funding, 4(c) Once United Way e -signs the agreement a fully executed copy will be automatically emailed to you for your files. Please note that failure to return the e -signed documents by the deadline will result in the funding being rescinded. Further, be advised that this funding is for one year and is not guaranteed at any level in the next funding year. Funds will be disbursed to your agency for the funded programs in quarterly payments equal to one-fourth of the funding approved, unless otherwise noted in the Agreement. Reports on the expenditure of United Way funds and the progress made toward achieving program activities and outcomes as outlined within the program evaluation plan/logic model(s) are required every six months. The submission of your agency's reports must be made through your agency's UWPBC Funding Application account atvv....gy�b „l� � i k � r iE . In addition to the allocation of Community Investment Funds to your agency, United Way will list your agency in its marketing materials. This affiliation could lead to additional funding from direct donor designations to your agency through United Way. We applaud the valuable work done by you, your staff, and your board of directors, and we thank you for partnering with United Way of Palm Beach County to improve the quality of life in our community. Should you have any questions about your funding, this letter, or the attached agreement and forms, please don't hesitate to contact Donna Quinlan, Vice President of Community Impact at (561) 375-6671. Sincerely, Kim Jones Laurie George, Ph.D. Chair Chief Executive Officer Enclosures D3 Averue p I�I,uite 230 I ^bi I[Ia; liiiIl?,ea , i, L. 3,31401 II 15(, tl .31',r.66001 'Ifll H UnitedWayPBC.org auiicimIiEDWAYMiP ,, „ . , . ., t,uirYnWnntl�o�oi¢, (ia�iefiH CIIruC�,�l �fck �q &�li7i C�r,<7uli Gr�untg I r¢(NC-fan )Jufd tt�x c�a.iogrt arS;alwz,�timm. A (,ldN4 (JI I16E L7FFIL,IR9F AF(IISfI?Al'IroNf4NLt NINANG1AV.INFORMATION OF (.INO7LE7 9N7aY OF 4'C6LM FiFdl(.@N CEIJN74 NEIAVJI, MAY BE OFINI4Lll FROM FFdL DIVISION OF 0f7MSEfMETd SEP MES UY4CAEIFINGT(OLW-Ff3E9 1 9EI0pi#,5.7352M"WI1HINIHE`}LAVEGFFV,f)T INA,(BINATMWFY?IE'SHFOMFLG!'RS)PCOM/ DIVIS IONS -UF lf ICPYCONSIIIINY. -SET#WICES fdEGISORATIICINTNOESN TIMllfLYLNICV65GI INf,APPfdOVAII.ORRECOMMFNLIAFION RYIIIESTk11E:." United My dPaIuriSoacFCounty reeolve.s100%01anclhcon fributiiolI. Page 630 of 1207 DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A6280DFDE AGREEMENT between LEGAL AID SOCIETY OF PALM BEACH COUNTY (Hereinafter referred to as the Impact Partner) and UNITED WAY OF PALM BEACH COUNTY, INC. (Hereinafter referred to as United Way) The term of this Agreement (this "Agreement") will be for one year beginning October 1, 2019 and ending September 30, 2020, unless sooner terminated under the provisions herein. PURP0SF The purpose of this Agreement is to define the specific responsibilities of United Way and Impact Partner regarding the awarding of a United Way financial grant to Impact Partner to achieve the specific goals set forth in this Agreement. A. UNITED WAY AGREES: That, assuming that Impact Partner is in compliance with this Agreement and the Standards of Accountability set forth herein, it will provide the following funding* to Impact Partner for the following program(s) in accordance with this Agreement: a. Homeless Legal Prevention Program - an amount not exceeding $42,000 b. Medical Legal Partnership Project - an amount not exceeding $55,000 c. Nonprofit Legal Assistance Program - an amount not exceeding $20,243 *Note that no part of the funding is intended to benefit any specific individual or recipient. All funding is intended for the overall benefit of all recipients of the services provided by the programs being funded herein. 2. To directly deposit payments in accordance with Section A(1) above into Impact Partner's designated bank account on the last day of the first month for each quarter (October, January, April, July). The total amount of each deposit shall be one-fourth of the total amount being funded for each program, and quarterly payment is contingent on Impact Partner's continued compliance with this Agreement and the Standards of Accountability set forth herein. B. IMPACT PARTNER AGREES: To provide the services and work product set forth in the Program Evaluation Plan/Logic Model and Program Budget, which Impact Partner submitted electronically along with its funding application through United Way's grant website (Cybergrants), in the manner which Impact Partner described therein. Once Impact Partner submits its Program Evaluation Plan/Logic Model, no changes in the scope of work or services are to be made without the prior written approval of United Way. Additionally, no Program Budget revisions representing more than a ten percent change in any budget category are to be made without the prior written approval of United Way. Assuming that Impact Partner is required to revise its Program Evaluation Plan/Logic Model or Program Budget based on United Way's Page 631 of 1207 DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A6280DFDE recommendation, then United Way will work with Impact Partner to make the necessary change(s) in the Cybergrants system. In the event of such a change, Impact Partner will be required to abide by the Program Evaluation Plan/Logic Model or Program Budget as revised. 2. To submit progress reports to United Way twice a year regarding the expenditure of the funds provided by this Agreement and describing the progress of the funded program(s) based on Impact Partner's Program Evaluation Plan/Logic Model. These reports are due on April 15th of the contract year and October 15th immediately following the contract year. Reports must be in the proper report form, which can be accessed and must be submitted through Impact Partner's account on United Way's grant website (Cybergrants). 3. To submit any documents, including progress reports, by the deadlines established by United Way and participate as required by United Way in the grant monitoring process, which may include making itself available for a site visit by United Way representatives during which United Way may evaluate the program(s) being funded, as well as Impact Partner's overall administration and financial operation. 4. To allow United Way to monitor Impact Partner administratively, fiscally and programmatically to assure that its administrative, fiscal and programmatic operations are consistent with its Program Evaluation Plan/Logic Model and consistent with administrative, fiscal and programmatic standards that promote program efficiency and effectiveness. 5. To provide United Way with any administrative, financial or programmatic information which it requests within the time frame requested. 6. To maintain business and accounting records detailing the performance and administration of the funded program, including any expenditures relating thereto. Impact Partner must provide United Way with copies of any such records within three (3) business days of United Way's written request. 7. To use the funds allocated by this Agreement only for the specific program(s) being funded herein and for the specific purpose set forth in Impact Partner's Program Evaluation Plan/Logic Model. 8. To reimburse immediately any funds that will not be used for the purposes approved in this Agreement and, upon United Way's request, to reimburse immediately any funds that have been deemed by United Way, in its sole discretion, to have been misused, misspent or not expended on a timely basis. It is important to note that any funds that United Way requires to be reimbursed on any of these grounds may be counted against future allocations. In other words, any future allocation to Impact Partner may be reduced by the amount of any funds which United Way previously determined had been misused, misspent or not expended on a timely basis by Impact Partner. 9. To communicate immediately in writing any developments or problems likely to affect its ability to perform in accordance with this Agreement, or which might reasonably be expected to be of direct interest or concern to United Way, including, without limitation, any change in Impact Partner's officers, senior staff, or program staff, and any change in the funded program(s). As set forth in Section B(1) above, any change in the funded program, including any change in the expenditure of program funds, must be submitted to United Way for prior written approval. 2 Page 632 of 1207 DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A6280DFDE 10. To participate actively in the annual United Way campaign and permit its name to be used by United Way in connection with United Way's fund-raising activities. Active participation includes but is not limited to: conducting an undesignated United Way campaign among the Impact Partner's employees and board members, serving as campaign volunteers and making its facilities available for tours. 11. That United Way may release to the general public and media non -confidential information and/or documentation that Impact Partner is providing services as funded and/or adhering to the Standards of Accountability set forth herein. 12. That United Way may use Impact Partner's name and program information in connection with any and all communication and marketing publications and materials of United Way (including, but not limited to, all printed materials, training materials, press releases, commercial or promotional brochures, and/or other brochures, videos, or advertisements, United Way's website, Facebook page, and/or other internet or electronic medium, whether in print or electronic medium of any form). By signing this Agreement, Impact Partner relinquishes any right that it may have to examine, approve, or receive notice of any such publications or materials, regardless of medium, in which its name or program information are utilized or the use to which they may be applied. Any funds obtained by United Way as a result of such usage shall be the sole property of United Way. Impact Partner hereby waives any right to royalties or other compensation arising from or related to the use of its name or program information in connection with the purposes herein described. 13. To identify itself as a United Way impact partner through the display of the current United Way mark and name within its physical facilities, on its website, on its official stationery, newsletter, brochures, printed advertising and other printed materials, and to identify itself with United Way in news releases, public service announcements, public affairs programs, community presentations, and other events. Additionally, Impact Partner ensures that it promotes its United Way award in a manner similar to or greater than the promotion of other gifts of equal or less size. United Way reserves the right to require that Impact Partner allow it to examine, approve, and provide it with prior written notice of any such publication of its name and mark and of the use to which they may be applied. 14. To maintain an annually updated emergency preparedness plan identifying its response in the event of a human -made or a natural disaster (including a hurricane) or any other emergency. 15. To submit at least twice annually to 211 Palm Beach/Treasure Coast, Inc. information regarding available services and related information about Impact Partner and the funded program(s), as requested by 211 Palm Beach/Treasure Coast, Inc. 16. That United Way strongly encourages the Impact Partner Executive Director/CEO and program staff attend trainings offered by United Way including racial equity and trauma informed care trainings. 17. To have the Executive Director/CEO attend regularly scheduled United Way Agency Executive Directors' Council meetings. Page 633 of 1207 DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A6280DFDE 18. To comply with the below Standards of Accountability and to obtain and maintain accreditation from Nonprofits First, Inc. (the "Accreditation") at the level of at least Sound Nonprofit Management; provided, that, if (a) Impact Partner is not required under any federal, state, or local law to obtain or file an annual financial statement reviewed or audited by an independent party and (b) Impact Partner in fact does not obtain or file any such annual financial statements, then the Accreditation may instead be at the lower level of Core Infrastructure. If Impact Partner already maintains Accreditation at the level required above, Impact Partner will maintain such Accreditation (or greater) throughout the period of this Agreement. Impact Partner will successfully complete the annual renewal process for such Accreditation as outlined by Nonprofits First, Inc. Renewed funding will be considered only if Impact Partner has maintained such Accreditation and may be denied funding solely on the basis that Impact Partner has failed to maintain such Accreditation. Impact Partner must provide United Way with proof of its Accreditation within three (3) business days of United Way's written request. If not accredited, Impact Partner will complete the necessary Accreditation through Nonprofits First, Inc. within 18 months of this Agreement; however, if Impact Partner and United Way have previously entered into any similar agreements for a prior fiscal year, then this deadline shall instead be the end of the 18th month following that first of such agreements. Renewed funding will be considered only if Impact Partner is making sufficient progress toward achieving such Accreditation and may be denied solely on the basis that Impact Partner has failed to do so. Whether Impact Partner is making sufficient progress will be determined solely by United Way in its sole discretion based, among other things, on whether Impact Partner is adhering to the requirements, milestones and deadlines within the Agency Accreditation Agreement between Impact Partner and Nonprofits First, I nc. Impact Partner understands that Nonprofits First, Inc. will update United Way on a regular basis as to Impact Partner's progress toward Accreditation achievement and/or renewal and, by signing this Agreement, Impact Partner authorizes Nonprofits First, Inc. to share that information with United Way, including but not limited to the results of the agency accreditation tool, Pathway to Excellence (P2E) and any reports generated from consequent technical assistance. C. STANDARDS OF ACCOUNTABILITY: United Way of Palm Beach County's Standards of Accountability (the "Standards of Accountability") listed below define the minimum standards to assure appropriate accountability of organizations receiving funding from United Way. Impact Partner must be compliant with each of the below Standards of Accountability throughout the period of this Agreement. Standard 1: Impact Partner is tax-exempt under IRS Section 501(c)(3) and is incorporated as a nonprofit organization in the State of Florida. Standard 2: Impact Partner agrees to understand and comply with all applicable federal, state, and local laws, including laws governing agency operations and employment practices. Standard 3: Unless Impact Partner is permitted to obtain and maintain its Accreditation at the level of Core Infrastructure pursuant to the terms of Section B(18), Impact Partner Ild Page 634 of 1207 DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A6280DFDE must have an annual financial statement audit completed within six months of the end of its fiscal year by an independent certified public accountant in accordance with generally accepted accounting principles. In addition, regardless of whether Impact Partner is required to obtain an annual financial statement hereunder, Impact Partner must timely file IRS Form 990, 990 -EZ or 990-N with the Internal Revenue Service. Impact Partner must provide Nonprofits First, Inc. with an electronic copy of its annual financial statement audit, as well as its management letter, if any, no later than six months after the completion of the fiscal year audited (if applicable). Also, Impact Partner must provide Nonprofits First, Inc. with an electronic copy of the filed IRS Form 990, 990 -EZ or 990-N within nine months of the fiscal year end. Both the audit and IRS Form 990 must provide evidence that the Impact Partner is fiscally sound. Standard 4: Impact Partner will provide equal access to services to all who qualify without discriminating based on race, religion, national origin, disability, gender, veteran status, sexual orientation, or age. This standard does not prohibit Impact Partner from offering specific programs designed to meet the special needs of target populations based on age, gender, race, health, or disability. Standard 5: Impact Partner will not discriminate on the basis of race, religion, national origin, disability, gender, veteran status, sexual orientation, or age in any manner, including, without limitation in its hiring practices, promotion of personnel, admittance of members, election to the board of directors, or selection of volunteers or vendors. This standard does not prohibit any Impact Partner from limiting membership to the organization and/or its board of directors to the specific demographics that the Impact Partner serves, so long as such restrictions are consistent with the nature of the organization, are established and maintained in good faith, and, in United Way's opinion, do not pose any risk to United Way as a result of United Way's association with the Impact Partner. Standard 6: Impact Partner has by-laws that determine: minimum and maximum number of board members; tenure of board members; officers; committees; quorum requirements; and that members of its board of directors serve without compensation. Standard 7: Impact Partner is governed by a board of directors that: meets with a quorum at least four times per year; annually reviews the organization's mission statement; annually reviews the organization's by-laws; approves the annual budget; reviews financial statements at least quarterly. The Impact Partner will provide training to board members on their roles and responsibilities. Standard 8: Impact Partner has board policies that state that members of the board of directors must identify all conflicts of interest and may not participate in decisions affecting themselves or organizations they represent. Standard 9: Impact Partner will maintain appropriate administrative records and make those records, including its annual budget, year-to-date financial statements and program outcomes, available to United Way for review within three (3) days of United Way's written request. These records must reflect efficient administration. Standard 10: Impact Partner will maintain appropriate records of operational management, including records with respect to training of staff and volunteers as to their roles and responsibilities, table of organization, staff evaluation, and staff turnover, and make those records available to United Way for review within three (3) days of Page 635 of 1207 DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A6280DFDE United Way's written request. These records must reflect a well-managed organization. Standard 11: Impact Partner will collaborate with other health and human service agencies in providing quality services to similar populations. Standard 12: Impact Partner shall comply with such other standards as United Way may adopt from time to time upon written notice to Impact Partner. D. CONFLICT OF INTEREST: Impact Partner represents that it has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required herein. Impact Partner represents that no person having any such conflict of interest shall be employed in the performance of such services. E. DRUG FREE WORKPLACE/ AMERICANS WITH DISABILITIES: Impact Partner agrees to implement and maintain a drug-free workplace policy and to meet all of the requirements of the Americans With Disabilities Act. F. IMPACT PARTNER INCOME -GENERATING ACTIVITIES: Impact Partner may not solicit funds from employee groups or individual employees at any other business or entity other than its own entity. Impact Partner may not request that any business or entity provide direct payroll deduction opportunities to support its own agency but may request that such business or entity provide payroll deductions to support United Way. This requirement does not prohibit the Impact Partner from requesting corporate support or sponsorship for events, etc. 2. Any activity by Impact Partner that directly or indirectly encourages designated gifts through the United Way campaign is strictly prohibited. Both United Way and Impact Partner will work to promote undesignated giving in United Way campaigns through United Way's Community Care Fund. G. TERMINATION OF AGREEMENT AND SUSPENSION OR REDUCTION OF FUNDING: Either party may terminate this Agreement, without cause, by giving the non - terminating party sixty (60) days' prior written notice, with such termination becoming effective on the 60th day following the date of the written notice. 2. If United Way does not receive its projected undesignated support for the funding of allocations for the fiscal year in which this award is given, United Way may, in its sole discretion, reduce funding or terminate this Agreement upon sixty (60) days' prior written notice to Impact Partner, with such termination becoming effective on the 60th day following written notice to Impact Partner. 3. United Way may terminate this Agreement immediately, without any prior notice to Impact Partner and without any opportunity to cure the reason for the termination, in the event of any or all of the following: a. Breach of this Agreement by Impact Partner if such breach is not remedied to the satisfaction of United Way within a time frame established by United Way at its sole discretion. I Page 636 of 1207 DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A6280DFDE b. Impact Partner becomes insolvent or such other material change in its staff, leadership, or operations occurs that it cannot, in the sole opinion and discretion of United Way, continue to carry on its activities as contemplated at the time this Agreement was entered into, including if the program(s) funded by United Way herein is discontinued, or changed without United Way's prior written consent. c. Impact Partner refuses to permit United Way to conduct a site visit asset forth in Section B(3) within the time frame required by United Way. d. Impact Partner refuses to disclose administrative, financial or programmatic information requested by United Way within the time frame required by United Way. e. United Way finds that the funded program(s) is not being conducted in the manner set forth in Section B(4) above or finds that there is any irregularity in Impact Partner's administration or financial operation as determined by United Way in its sole discretion. 4. In the event of any termination by either party: a. Impact Partner shall stop work and services on the date and to the extent specified by United Way. If no date is specified by United Way, then on the 60th day following written notice to Impact Partner. Impact Partner will transfer all work in progress and, if requested, continue to cooperate with United Way to ensure that any persons or entities being serviced by Impact Partner in connection with the funding provided in this Agreement may, if elected by United Way at its sole option, continue to be serviced by United Way or its designee(s); b. Impact Partner must terminate and settle all orders relating to the performance of the services and work governed by this Agreement by the date and to the extent specified by United Way. If no date is specified by United Way, then by the 60th day following written notice to Impact Partner; c. Impact Partner shall be entitled to receive all funds designated to Impact Partner through United Way campaigns, and all funds provided under this Agreement from October 1St to the date of termination, based on a formula of 1/365th of the funding for each day from October 1St to the date of termination, provided that i) Impact Partner remains as a qualified entity entitled to receive such funds; ii) the funded program(s) was provided in accordance with this Agreement; and/or (iii) the termination was not pursuant to Section G(3) above — in which case Impact Partner will not receive any further payment pursuant to this Agreement and United Way may require reimbursement of some or all funds which it provided Impact Partner pursuant to this Agreement; d. United Way shall be entitled to be reimbursed for all funds advanced but not used by Impact Partner or not used for the program(s) funded by this Agreement, or both, including funds advanced for periods beyond the date of termination; and e. Impact Partner shall thereafter refrain from defining itself as a United Way Impact Partner and from using United Way's name or mark in any manner. 7 Page 637 of 1207 DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A6280DFDE 5. The obligations of United Way under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by United Way's Board of Directors. Funding for this Agreement is contingent upon the success of United Way's fundraising activities. In the event United Way does not obtain its projected undesignated payments from the fund raising period for which funding decisions under this Agreement are made, United Way reserves the right, in addition to its rights and remedies under either Sections G(1) and G(2), to reduce or delay the total funding to Impact Partner upon 60 days prior written notice by United Way to Impact Partner. If this unexpected situation occurs, United Way will notify the Impact Partner in writing in regard to any specific change in payment amount or schedule. H. INDEMNIFICATION: To the fullest extent permitted by law, Impact Partner shall indemnify, defend, and hold United Way, its employees, volunteers, representatives, agents, contractors, directors, officers, members, legal representatives, successors, assigns, affiliates, and partners ("United Way Parties") harmless from and against any claim, liability, expense (including attorneys' fees and costs), loss, cost, damages, or cause of action, resulting from claims by third parties in connection with this Agreement. It is intended that Impact Partner indemnify United Way Parties against the consequences of their own negligence or fault, even if any of United Way Parties are jointly, comparatively, contributively, or concurrently negligent with Impact Partner, and even though any such claim, liability, expense, loss, cost, damages, or cause of action is based upon, or alleged to be based upon, the strict liability of any of United Way Parties, and the Impact Partner waives and releases all claims against United Way Parties for any claim covered by the indemnity obligations of the Impact Partner under this article. Nothing in this Section shall be construed to restrict, limit, or modify Impact Partner's insurance obligations under this Agreement, nor shall Impact Partner's compliance with its insurance requirements under this Agreement restrict, limit, or modify Impact Partner's indemnification obligations under this Section. Further, Impact Partner's indemnification obligations under this Section shall not be limited by the minimum amounts of insurance carried or required to be carried under the terms of this Agreement by Impact Partner. Impact Partner's indemnification obligations under this Section shall survive the expiration or earlier termination of this Agreement. SUCCESSORS AND ASSIGNS/ SUBCONTRACTING: Impact Partner and United Way each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to the covenants of this Agreement. Neither United Way nor Impact Partner may assign, convey or transfer its interest in this Agreement without the prior written consent of the other. Impact Partner is prohibited from subcontracting any of the services required under this Agreement. INSURANCE REQUIREMENTS: Impact Partner will maintain, on a primary basis and at its sole expense, at all times during the term of this Agreement, the following insurance coverages. The requirements contained herein, as well as United Way's review or acceptance of Page 638 of 1207 DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A6280DFDE insurance maintained by Impact Partner is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Impact Partner under this Agreement. a. Commercial general liability insurance (including contractual liability coverage), on an occurrence basis, in the minimum amount of $1,000,000.00 per occurrence. Such coverage shall not contain any endorsement(s) excluding nor limiting the following coverages or conditions: Premises/Operations, Personal Injury, Products/Completed Operations, Contractual Liability, Severability of Interests or Cross Liability. Such policy shall include a Designated Person or Organization endorsement naming "United Way of Palm Beach County, Inc., its employees, volunteers, representatives, agents, contractors, directors, officers, members, legal representatives, successors, assigns, affiliates, and partners" as Additional Insureds, and shall also require prior notice of cancellation to be delivered to United Way within the period applicable to the first named insured. b. Workers' compensation insurance and employer's liability insurance to the extent required by law. 2. Impact Partner agrees by entering into this Agreement to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit Impact Partner to enter into a pre -loss agreement to waive subrogation without an endorsement, then Impact Partner agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy which includes a condition specifically prohibiting such an endorsement or voids coverage should Impact Partner enter into such an agreement on a pre -loss basis. 3. Upon entering this Agreement, and from time to time at United Way's request, Impact Partner will provide United Way with a Certificate(s) of Insurance on the appropriate ACORD form, evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect. Impact Partner will notify United Way of any changes in insurance coverage, terms or insurance carriers within thirty (30) days. The Certificate Holder address shall read: United Way of Palm Beach County, Inc., 477 South Rosemary Avenue, Suite 230, West Palm Beach, FL 33401, or such other address as United Way may designate by notice to Impact Partner. K. INDEPENDENT CONTRACTOR RELATIONSHIP: Impact Partner is, and shall be, in the performance of all work and services under this Agreement, an independent contractor, and not an employee, agent or servant of United Way. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to Impact Partner's sole direction, supervision and control. Impact Partner shall exercise all control over the means and manner in which it and its employees perform the work and services covered by this Agreement. Impact Partner's relationship and the relationship of its employees to United Way are that of an independent contractor and not as employees or agents of United Way. 011 Page 639 of 1207 DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A6280DFDE Agency shall be solely responsible for the payment of all required taxes. United Way will not provide worker's compensation, health insurance, life insurance, retirement or any other benefits to Impact Partner or Impact Partner's employees unless otherwise negotiated with United Way staff and expressly set forth in this Agreement and the approved Program Budget. Impact Partner does not have the power or authority to bind United Way in any promise, agreement or representation. Further, Impact Partner shall not pledge United Way's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or in any form of indebtedness. L. REMEDIES: This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce or interpret this Agreement, including any action arising under or as a result of this Agreement, will be held in Palm Beach County. Impact Partner may not use funds made available pursuant to this Agreement for the purpose of initiating or pursuing any litigation, claim, demand or cause of action whatsoever against any of United Way Parties. M. SEVERABILITY: If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by Florida law. N. AMENDMENTS: This Agreement, including the scope of services set forth in any exhibit hereto, may be amended only upon the written agreement of United Way and Impact Partner. O. SCOPE OF AGREEMENT: This Agreement, including Impact Partner's application and the Program Evaluation Plan/Model submitted by Impact Partner (including any revisions to it required by United Way or agreed upon by United Way after its submission), constitute the entire agreement between Impact Partner and United Way, and shall supersede all previous agreements executed between United Way and Impact Partner. In the event of a conflict between Impact Partner's application or Program Evaluation Plan/Model and this Agreement, this Agreement shall control. P. NOTICES: To be effective, any notice to be given under this Agreement must be in writing sent both by email and by either U.S. Mail (registered or certified) or nationally recognized overnight courier, as follows: 10 Page 640 of 1207 DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A6280DFDE To United Way: United Way of Palm Beach County, Inc. 477 South Rosemary Avenue, Suite 230 West Palm Beach, FL 33401 Attention: Vice President of Community Impact E -Mail: d2nn........uliil ailse u..ial !.e....w..gypbcorc an ilmlu lra oirlle clm�uini�ed ay°)Ibc.oir� To Impact Partner: Legal Aid Society of Palm Beach County 423 Fern Street, Suite 200 West Palm Beach, FL 33401 Attention: Executive Director/CEO E-mail: lbc.oir Either party's failure to send written notice by email as well as by U.S. Mail (registered or certified) or nationally recognized overnight courier as provided above, shall render the notice invalid and ineffective for all purposes. A notice shall be deemed effective upon receipt, unless refused or unclaimed by the receiving party. Each party may change its notice address upon written notice to the other. Q. ATTORNEYS' FEES AND COSTS: If any action is necessary to enforce or interpret the terms of this Agreement, then the prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees and costs, through and including all post -judgment and appellate levels, in addition to any other relief to which the party may be entitled. [SIGNATURES ON NEXT PAGE] 11 Page 641 of 1207 DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A6280DFDE IN WITNESS WHEREOF, this agreement is hereby executed as of the date of the last party's signature below, by the following representatives who hereby warrant that they are authorized to execute this agreement and to bind the entity on whose behalf they are signing. IMPACT PARTNER: Legal Aid Society of Palm Beach County, Inc. DocuSigned by: By. u� a. rhst fs,,- Name: Robert A. Bertisch, Esq. Title: Executive Director 11l01l19:1D]IVITAV UNITED WAY OF PALM BEACH COUNTY, INC. Name: Laurie George, Ph.D. Title: President & CEO Date: 9/23/2019 15:19 PM EDT Date: WPBDOCS 8976257 2 l l Page 642 of 1207 dm--- a 6 DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A628ODFDE OP ID: GG DATE 1 MID Ilaa.� CERTIFICATE OF LIABILITY INSURANCE06112114 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CONFERS NO RIGHTSTHE CERTIFICATEIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFF ORDED BY THE POLICIES BELOW. THIS CERTIFICATEINSURANCE T CONSTITUTE A CONTRACT THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVEdCERTIFICATE IMPORTANT: I e certificate holder ADDITIONAL INSURED, the olicy(i t be endorsed. If SUBROGATION IS WAIVED, subje e terms and conditions of the policy, certain policies may requirean endorsement. a on this ceirtificate does not confer rights e certificate hof er in lien of suche n s. PRODUCERCONTACT I NAME: 1:II IiIII �U �llr �® LAIC, Nol: (m. I ,I ,cate of Linsuri-aince ADDRESS. I E-MAIL INSU AFFORDING COVERAGE NAIC INSURER A INSURED UWP13C Agency INSURERR., INSURER C: INSURER 0, INSURER E: INSURER CII/ C I Ir_`A 11MRFR- RFvlqlnm NIIIIIII 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 VVITH RESPECT TO WHICH THIS CERTIFICATE Y 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. 477 S Rosemary Ave., Suite 230 TYPE OF ®L AUTHORIZED EP ENTA POLICY NUMBER CY EFF !a Y EXP er LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00( PREMISES Ea occurrence $ 100,001: COMMERCIAL GENERAL LIABILITY X X TBD 01111114 01111116 CLAIMS -MADE � OCCUR MED EXP (Any on) $ 10,00i: PERSONALS ADV INJURY $ 11 GENERAL AGGREGATE $ 1,000,00C GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP ACG S 1,000,000 $ POLICY PROLOC JECIAUTOMOBILEITY IJ COM9IED SINGLE LIMIT Ee a iIEI $ BODILY INJURY (Per person) _ $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NOM -OWNED HIRED AUTOS AUTOS PROPERTY D GE Per aident $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGRE TE $ EXCESS LIAR DED RETE ION$ $ WORKERS COMPENSATION ' AND E PLOYE LIABILITYY I N ANY PROPRIEfORIPARTNERIEXECUTIVE TORYLIMITSLMT OT H E.L. EACH ACCIDENT $ OFFICE EMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ Ito , describe under ❑CRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS ! VEHICLES (Attach ACORD 101, Additional Reiiarim 8chedWe, IF more apace Is required) e,I _A 1 C_'d t` 1 1 A IC1 1983-ZUI U AGORDTI ll rights reserved. ACORD 25 (2010!45) The ACORD name and logo affe registereda of ACORD Page 643 of 1207 SHOULD ANY OFTE ABOVE DESCRIBEDPOLICIES A C LD BEFORE United Way of Palm Beach County THE EXPIRATIONATE THEREOF, OTICE WILL BE DELIVERED I 477 S Rosemary Ave., Suite 230 ACCORDANCE ITH THE POLICY PROVISIONS. West Palm Beach, FL 33401 AUTHORIZED EP ENTA I 1ww;d1e__ 1983-ZUI U AGORDTI ll rights reserved. ACORD 25 (2010!45) The ACORD name and logo affe registereda of ACORD Page 643 of 1207 DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A6280DFDE Beach • r EFT Authorization FormEff �� v r r, LNMI, United Way of A Cllani�p�� 'an. Palm Beach County EFT Code: United Way of 5194 Please fill out the information below in order to begin receiving EFT payments. We will email a notification each time a payment is made. Only one email address is allowed Organization Name: Legal Aid Society of Palm Beach County, Inc. Address: 423 Fern Street, Suite 200 West Palm Beach City St: FL Notification Email: finance@legalaidpbc.org, nfrancis@legalaidpbc.org Zip: 33401 EI N/Tax I D #: 59-6046994 Bank Acct Type: E1 Checking 11 Savings ABA/Routing #: 26570413 Bank Account #: 0211113741 Iberia Bank Bank Name: 1645 Palm Beach Lakes Blvd, Suite 100 Bank Address: West Palm Beach City: St: 561-688-9400 Bank Phone #: FL Bank Contact: 33401 Zip: _ Darlene Mendez PLEASE AT T ACI -1 A VOIDED CI-1ECK FOR BANK ACCOUNT VERIFICATION The undersigned hereby authorizes United Way of Palm Beach County to initiate EFT deposits in the bank account indicated above, and to initiate adjustments, if required, for any transactions credited or debited in error. This authority will continue until withdrawn in writing by the undersigned account holder. The undersigned hereby certifies that they are duly authorized to execute this form on behalf of the above listed account holder. D—Signed by: Print Name: Signature: Robert A. Bertisch, Esq. 54u� a $ � 'E$1- ssasFMMFsaaa5 Title: Executive Director Phone #: 561-655-8944 Ext. 247 Email Address: rbertisch@legalaidpbc.org For UWPBC Finance Use Date Received: Vendor ID #: Entered MIP: 471Sr)I T R:>seifizir� I SIOjIIl, 230 1 VftF i fl,Wlli51 113raNN lll, R 3,fl)n 1 !� 61 375 5600 "1lII11( Unit I ay!'Mor 11Iu1[TEflIIWAYP @ hilt TED I Yo1PBC Twill lhuIIIoil," Gcoinfil ulohd NWay of PaIn 9rouirao G orifly, a voui: Tor yrruhT 133, Onml rl ary,auraaHiiaao. uA COPY 011 1W UI HMA1 RI4CISIHYAIIII(IN ANY ITIANGMII INIORMATION OF UNDS1 WNY OF PALM 43V:AGH GOUNTY, f':P 6GI7 MAY Jt: UHIIAINFI;I I FUIM [ful 1AVI�SIIUN 01 CONSUMFR . FHV�CF5 BY CM I INOTOII-IRFF 1 800,435,7952 WITHIN HINT N'fATF OF'IORIUA, N7IY AT'AfVV1 FRFSNFR(TV FI fiFRVIU S UGISTIRMIYCNV DOTS NOT MI'IY FNCMOR'iFMF1NIf AlPP"ItOVA[ , OR PF(uOM ITNOATICN BY OFF .JTATE." Jodeh Wap nl PaIin Bud Coo(ity receivers 1001% OF Tach umtributlari. Page 644 of 1207 DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A6280DFDE ACORO® CERTIFICATE OF LIABILITY INSURANCE �...�' DATE(MM/DD/YYYY) 08/14/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Debbie Adametz Sena 8r Whitney LLC 190 Glades Rd Suite C Boca Raton, FL 33432 , N EXT: 561-210-8715 FAX, No: 561-210-8716 E-MAIL dadametz thesena rou com ADDRESS: @ g p• INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Allied P&C Ins Co ACP5985086881 08/28/2019 INSURED LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. INSURER B $ 1,000,000 CLAIMS -MADE [XIOCCURPREM Michael Spillane INSURERC: 423 FERN STREET, STE. 200 INSURER D: $ 300,000 MED EXP (Any one person) WEST PALM BEACH, FL 33401 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-1143466 REVISION NUMBER: 30 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y ACP5985086881 08/28/2019 08/28/2020 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE [XIOCCURPREM DAMAI SESOEa oNcNence $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GEN'L X POLICY ❑PRO- JECT 1:1LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY ACP5985086881 08/28/2019 08/28/2020 (Ea aBcidentsINGLE LIMIT $ 11000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ X HIRED NON -OWNED AUTOS ONLY LxAUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) UNITED WAY OF PALM BEACH COUNTY,INC.ITS OFFICERS,DIRECTORS, REPRESENTATIVES,EMPLOYEES, AGENTS AND VOLUNTEERS ARE ADDITIONAL INSURED WITH RESPECTS TO COMMERCIAL GENERAL LIABILITY WHEN REQUIRED BY WRITTEN CONTRACT. 30 DAYS WRITTEN NOTICE OF CANCELLATION EXCEPT 10 DAYS NOTICE FOR NONPAYMENT OF PREMIUM. CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by DEA on August 14, 2019 at 08:06AM Page 645 of 1207 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE UNITED WAY OF PALM BEACH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN COUNTY ACCORDANCE WITH THE POLICY PROVISIONS. 477 SOUTH ROSEMARY AVE.STE 230 AUTHORIZED REPRESENTATIVE WEST PALM BEACH, FL 33401 (DEA) © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by DEA on August 14, 2019 at 08:06AM Page 645 of 1207 DocuSign Envelope ID: B18FE2C5-66E7-4173-AD32-3D5A6280DFDE OF PALM BEACH COUNTY, INC. 48584 2 Ji 12131101 '14141 "10 MIA 10 12 02 LLLL371.,L1m 48584 PRODUCT SSLM102 USE WITH 91500 ENVELOPE Deluxe Corporation 1-800-328-0304 or www.deluxe.com/Shop PRINTED IN U.S.A. B Page 76f5t20 BE Certificate Of Completion Envelope Id: B18FE2C566E74173AD323D5A628ODFDE Subject: United Way of Palm Beach County 2019-20 Agency Agreement Source Envelope: Document Pages: 17 Signatures: 2 Certificate Pages: 5 Initials: 1 AutoNav: Enabled Enveloped Stamping: Enabled Time Zone: (UTC -05:00) Eastern Time (US & Canada) Record Tracking Status: Original 9/19/2019 8:54:19 AM Signer Events Robert A. Bertisch, Esq. rbertisch@legalaidpbc.org Executive Director Legal Aid Society of Palm Beach County, Inc. Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 9/19/2019 11:32:24 AM ID:5b785077-b97e-4ea6-a6c7-eaf2518b25be Tamara Worley tamaraworley@unitedwaypbc.org Contracts & Initiatives Manager United Way of Palm Beach County Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Laurie George LaurieGeorge@unitedwaypbc.org President & CEO Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Holder: Tamara Worley tamaraworley@unitedwaypbc.org Signature EDocuSigned by: 6bt*f A. 115CAsd"' fs-,. 664BFCB19F614A5... Signature Adoption: Pre -selected Style Using IP Address: 50.253.148.89 Li's Signature Adoption: Pre -selected Style Using IP Address: 34.192.131.138 Signature Status Status Status Status Status Dow S 9 C U a 9 0 Status: Sent Envelope Originator: Tamara Worley 477 S Rosemary Ave., Suite 230 West Palm Beach, FL 33401 tamaraworley@unitedwaypbc.org IP Address: 34.192.131.138 Location: DocuSign Timestamp Sent: 9/19/2019 10:46:40 AM Viewed: 9/19/2019 11:32:24 AM Signed: 9/23/2019 5:19:09 PM Sent: 9/23/2019 5:19:11 PM Viewed: 9/24/2019 3:45:20 PM Signed: 9/24/2019 3:46:10 PM 6Y.fifi�7f�Zlf��iyF��7C[.lfif��yl Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Page 647 of 1207 Witness Events Notary Events Envelope Summary Events Envelope Sent Signature Signature Status Hashed/Encrypted Payment Events Status Electronic Record and Signature Disclosure Timestamp Timestamp Timestamps 9/24/2019 3:46:12 PM Timestamps Page 648 of 1207 Electronic Record and Signature Disclosure created on: 5/5/2017 4:29:52 PM Parties agreed to: Robert A. Bertisch, Esq. ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, United Way of Palm Beach County (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per -page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Page 649 of 1207 How to contact United Way of Palm Beach County: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: support@unitedwaypbc.org To advise United Way of Palm Beach County of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at support@unitedwaypbc.org and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from United Way of Palm Beach County To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to support@unitedwaypbc.org and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with United Way of Palm Beach County To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check -box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to support@unitedwaypbc.org and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Page 650 of 1207 Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree' button below. By checking the 'I Agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify United Way of Palm Beach County as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by United Way of Palm Beach County during the course of my relationship with you. Page 651 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 CONTRACT FOR PROVISION OF FINANCIAL ASSISTANCE This Contract is made as of the day of 120 20_, by and between Palm Beach County, a Political Subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY, and Legal Aid Society of Palm Beach County, Inc., hereinafter referred to as the AGENCY, a not-for-profit corporation authorized to do business in the State of Florida, whose Federal Tax I.D. is 59-6046994. Whereas the AGENCY has proposed providing certain services under the Service Area of Homelessness. Whereas the AGENCY has agreed to assure access to funded services for COUNTY departments, divisions and/or programs; and to assure that individuals referred from COUNTY departments, divisions and/or programs will receive services on a timely basis; In consideration of the mutual promises contained herein, the COUNTY and the AGENCY agree as follows: ARTICLE 1 - SERVICES The AGENCY agrees to provide services to residents of Palm Beach County as set forth in the Scope of Work and Service Units in Exhibit A. The AGENCY also agrees to provide deliverables, including reports, as specified in Article 2. No changes in the scope of work or services are to be conducted without the written approval of the Palm Beach County Community Services Department (the DEPARTMENT). The Agency receiving funds must be an agency within Palm Beach County and the AGENCY'S services, with these contracted funds, are limited to meeting the needs of Palm Beach County residents. No part of the funding is intended to benefit any specific individual or recipient. All funding is intended for the overall benefit of all recipients of the services provided by the programs being funded herein. ARTICLE 2 — SCHEDULE The term of this Contract shall be for one (1) year, starting October 1, 2018 and will automatically renew for two (2) one (1) year terms, unless either party notifies the other prior to the expiration of the initial term or any extended term of its intent not to renew in accordance with the time parameters stated herein. Reports and other items shall be delivered or completed in accordance with the detailed schedule set forth in Article 13. The parties shall amend this Contract if there is a change to the scope of work, funding, and/or federal, state, and local laws or policies affecting this Contract. ARTICLE 3 - PAYMENTS Page 652 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 The COUNTY shall pay to the AGENCY for services rendered under this contract not to exceed a total amount ONE HUNDRED THOUSAND, FOUR HUNDRED AND EIGHTY FIVE DOLLARS ($100,485) over a three year period of which THIRTY THREE THOUSAND, FOUR HUNDRED AND NINETY FIVE DOLLARS ($33,495) IS BUDGETED IN FY 2019 WITH AN ANTICIPATED ANNUAL ALLOCATION OF THIRTY THREE THOUSAND, FOUR HUNDRED AND NINETY FIVE DOLLARS ($33,495) IN EACH SUBSEQUENT FISCAL YEAR FOR THE TERM OF THIS CONTRACT. AGENCY will bill the COUNTY on a monthly basis, or as otherwise provided, at the amounts set forth in Exhibit "B" for services rendered toward the completion of the Scope of Work. The program and unit cost definitions for this contract are set forth in Exhibit B. All requests for payments of this Contract shall include an original cover memo on AGENCY letterhead signed by the Chief Executive Officer, Chief Financial Officer or their designee. The AGENCY is obligated to provide the COUNTY with the properly completed requests for all funds paid relative to this Contract no later than October 15th of each fiscal year. Any amounts not submitted by October 15th, shall remain the COUNTY'S and the COUNTY shall have no further obligation with respect to such amounts. Payment of invoices shall be contingent on timely receipt of all required reports. Invoices received from the AGENCY pursuant to this Contract will be submitted through the Services and Activities Management Information System (SAMIS) website, reviewed and approved by the COUNTY's representative, to verify that services have been rendered in conformity with the Contract. Approved invoices will then be sent to the Finance Department for payment. Invoices will normally be paid within thirty (30) days following the COUNTY representative's approval. Any payment due by COUNTY under the terms of this contract shall be withheld until all reports due from the AGENCY and necessary adjustments have been approved by the COUNTY. In the event that the AGENCY has drawn down all possible funds prior to the end of the fiscal year and does not comply with all reporting requirements, the COUNTY will take this into consideration during the next funding year. COUNTY funding can be used to match grants from non -County sources; however, the grantee cannot submit reimbursement requests for the same expenses to more than one funding source or under more than one COUNTY funded program. ARTICLE 4 - AVAILABILITY OF FUNDS The obligations of the COUNTY under this Contract for the current or any subsequent fiscal year are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Palm Beach County. ARTICLE 5 - TRUTH -IN -NEGOTIATION CERTIFICATE 2 Page 653 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 Signature of this Contract by the AGENCY shall also act as the execution of a truth -in - negotiation certificate certifying that the wage rates, over -head charges, and other costs used to determine the compensation provided for in this Contract are accurate, complete and current as of the date of the Contract and no higher than those charged the AGENCY'S most favored customer for the same or substantially similar service. The said rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The COUNTY shall exercise its rights under this Article within three (3) years following final payment. ARTICLE 6 — AMENDMENTS TO FUNDING LEVELS This contract may be amended to decrease and/or increase funds for the delivery of services depending upon the utilization and rate of expenditure of funds. AGENCY shall be subject to decrease of funds if funds are not utilized at the anticipated rate of expenditures. The anticipated rate of expenditures is determined by dividing the contract service amount by the months in each contract year unless otherwise provided for in this contract. A 10% increase over the monthly expenditure rate must be pre - approved by the COUNTY. The anticipated rate of expenditure will be figured on a per service basis. The formula for reduction of funds shall be as follows: At one quarter of the service period the AGENCY shall have provided at a minimum twenty percent (20%) of their anticipated services. If the minimum has not been reached ten percent (10%) of the unspent funds allocated for that service period may be reduced. At one half of the service period the AGENCY shall have provided at a minimum forty percent (40%) of their anticipated services. If the minimum has not been reached fifty percent (50%) of the unspent funds allocated for that service period may be reduced. At three quarters of the service period the AGENCY shall have provided at a minimum seventy five percent (75%) of their anticipated services. If the minimum has not been reached one hundred percent (100%) of the unspent funds allocated for that service period may be reduced. Any increase or decrease of funding for any of the AGENCY's contracted programs of up to 10% may be approved by the Director of Community Services or Designee. Any increase or decrease of funding over 10% must be approved by the Board of County Commissioners. ARTICLE 7 - INSURANCE The AGENCY agrees to maintain, on a primary basis and at its sole expense, at all times during the life of this contract the following insurance coverages, limits, including endorsements described herein. The requirements contained herein, as well as 3 Page 654 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 COUNTY's review or acceptance of insurance maintained by AGENCY is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by AGENCY under this contract. In addition, AGENCY agrees to notify COUNTY of any cancellation, non -renewal or material change taking place during the life of this contract. A. Commercial General Liability The AGENCY agrees to maintain Commercial General Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall not contain any endorsement(s) excluding nor limiting Premises/Operations, Personal Injury, Product/Completed Operations, Contractual Liability, Severability of Interests or Cross Liability. Coverage shall be provided on a primary basis. B. Business Automobile Liability The AGENCY agrees to maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall include liability for Owned, Non -Owned & Hired automobiles. In the event AGENCY does not own automobiles, AGENCY agrees to maintain coverage for Hired & Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Coverage shall be provided on a primary basis. C. Worker's Compensation Insurance & Employers Liability The AGENCY shall maintain Worker's Compensation Insurance & Employers Liability in accordance with Florida Statute Chapter 440. AGENCY shall provide coverage on a primary basis. D. Professional Liability AGENCY shall agree to maintain Professional Liability, or equivalent Errors & Omissions Liability, at a limit of liability not less than $1,000,000 Per Occurrence. When a self-insured retention (SIR) or deductible exceeds $10,000, the County reserves the right, but not the obligation, to review and request a copy of AGENCY most recent annual report or audited financial statement. For policies written on a "Claims -Made" basis, AGENCY warrants the Retroactive Date equals or precedes the effective date of this contract. In the event the policy is canceled, non- renewed, switched to an Occurrence Form, retroactive date advanced; or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of this contract, AGENCY shall agree to purchase a SERP with a minimum reporting period not less than two (2) years. The requirement to purchase a SERP shall not relieve AGENCY of the obligation to provide replacement coverage. E. Additional Insured The AGENCY agrees to endorse COUNTY as an Additional Insured with a CG026 Additional Insured or its equivalent — Desionated Person or Organization endorsement to the Commercial General Liability. The additional insured shall read "Palm Beach County Board of County Commissioners, a Political Subdivision of the State of Florida, its Officers, Employees and Agents. Coverage shall be provided on a primary basis. F. Waiver of Subrogation AGENCY agrees by entering into this contract to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit AGENCY to enter into an pre -loss 4 Page 655 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 Contract to waive subrogation without an endorsement, then AGENCY agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should AGENCY enter into such an Contract on a pre -loss basis. G. Right to Review COUNTY reserves the right, but not the obligation, to review and revise any insurance requirement, not limited to limits, coverages and endorsements based on insurance market conditions affecting the availability or affordability of coverage; or changes in the scope of work / specifications affecting the applicability of coverage. Additionally, the COUNTY reserves the right, but not the obligation, to review and reject any insurance policies failing to meet the criteria stated herein or any insurer providing coverage due to its poor financial condition or failure to operating legally. H. Umbrella or Excess Liability AGENCY may satisfy the minimum liability limits required above for Commercial General Liability and Business Auto Liability under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability; however, the Annual Aggregate limit shall not be less than the highest "Each Occurrence" limit for the Commercial General Liability and Business Auto Liability. AGENCY agrees to endorse COUNTY as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a pure/true "Follow -Form" basis. I. Certificate of Insurance AGENCY shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverages and limits (including endorsements), as described herein. AGENCY shall agree to provide the COUNTY with at least ten (10) day prior notice of any cancellation, non -renewal or material change to the insurance coverages. The requirements contained herein, as well as COUNTY'S review or acceptance of insurance maintained by AGENCY are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by AGENCY under the contract. Simultaneously with the AGENCY execution of this Contract, it shall be the responsibility of the AGENCY to provide initial evidence of the following minimum amounts of insurance coverage to: Palm Beach County c/o Insurance Tracking Services, Inc. (ITS) P.O. Box 20270 Long Beach, CA 90801 Subsequently, the AGENCY shall, during the term of this Contract and prior to each renewal thereof, provide such evidence to ITS at pbc@instracking.com orfax (562) 435-2999, which is Palm Beach County's insurance management system, prior to the expiration date of each and every insurance required herein. Page 656 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 ARTICLE 8 - INDEMNIFICATION The AGENCY shall protect, defend, reimburse, indemnify and hold harmless the COUNTY, its agents, employees and elected officers from and against all claims, liability, expense, loss, cost, damages and/or causes of action, including attorneys fees and costs, arising during and as a result of performance of the terms of this contract or due to the acts or omissions of the AGENCY. The AGENCY also shall not use funds made available pursuant to this contract for the purpose of initiating or pursuing litigation against the COUNTY. ARTICLE 9 - SUCCESSORS AND ASSIGNS The COUNTY and the AGENCY each binds itself and its partners, successors, executors, administrators and assigns to the other party and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the COUNTY nor the AGENCY shall assign, sublet, convey or transfer its interest in this Contract without the prior written consent of the other. ARTICLE 10 —WARRANTIES AND LICENSING REQUIREMENTS: The AGENCY represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY's representative upon request. The AGENCY shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. The AGENCY is presumed to be familiar with all federal, state, and local laws, ordinances, codes and regulations that may in any way affect the services offered. The AGENCY further represents that it has, or will secure at its own expenses, all necessary personnel required to perform the services under this Contract, and that they shall be fully qualified and, if required, authorized, permitted and/or licensed under State and local law to perform such services. Such personnel shall not be employees of or have any contractual relationship with the COUNTY. The AGENCY represents and warrants that it is governed by a Board, or other appropriate body, whose members have no monetary conflict of interest. Further, the members must also serve the AGENCY without compensation, and the composition of the governing body must reasonably reflect Palm Beach County and/or client demographics. The AGENCY shall comply with all legal criminal history record check regulations required for the population they serve. AGENCY will have and comply with policy that requires them to conduct a Level 1 or Level 2 Criminal Background Check as appropriate on applicants and volunteers being considered for positions that will provide services or will be around children, the elderly and other vulnerable adult populations, prior to start date. AGENCY may hire employees prior to obtaining the Level 2 background check results, n Page 657 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 the employees are only permitted to attend training and orientation during this period while they are waiting for their background check results. They are not allowed to have any contact with the clients during this period. Live Scan Screening proof must be provided that shows the scan was completed prior to an employee's start date. All criminal background checks shall be done at the expense of the agency. ARTICLE 11 -NONDISCRIMINATION The COUNTY is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2017-1770, as may be amended, the AGENCY warrants and represents that throughout the term of the Contract, including any renewals thereof, if applicable, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered default of the Contract. ARTICLE 12 - REMEDIES This Contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Contract will be held in a court of competent jurisdiction located in Palm Beach County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. No provision of this Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Contract, including but not limited to any citizen or employees of the COUNTY and/or AGENCY. ARTICLE 13 - AGENCY'S PROGRAMMATIC REQUIREMENTS The AGENCY agrees to specific programmatic requirements, including but not limited to, the following: A. AGENCY shall maintain separate financial records for Financially Assisted Agencies (FAA) Contract funds and account for all receipts and expenditures including direct and indirect cost allocations in accordance with Generally Accepted Accounting Principles (GAAP), by individual service categories, by administration and program costs. Financially Assisted Agencies' cost allocations are to be completed and posted by service category, delineating program and administrative costs, to the general ledger on a monthly basis. The backup documentation -copies of paid receipts, copies of checks, invoices, or any other applicable documents acceptable to the Palm Beach County Community Services Department will be requested as desk and/or on-site monitoring on a periodic basis. Allowable administrative expenses shall not exceed fifteen 7 Page 658 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 percent (15%) and shall be inclusive with the unit cost of service. The administrative cost to be maintained at individual service category and to be available as in the detailed general ledger. These costs must support the unit rate and number of units billed. B. AGENCY shall be chartered or registered with the Florida Department of State, have been incorporated for at least one agency fiscal year and have provided services for at least six months. County assistance shall not exceed 25% of the agency's total operating budget, unless otherwise approved by the Board of County Commissioners. If approved for funding, a formal Contract shall be executed, and payment will be made by reimbursement of documented expenses. The Agency must provide a report at the end of the fiscal year showing that it is within the 25% of the FAA Administrative code. C. AGENCY shall promptly reimburse the COUNTY for any funds which are misused, misspent or unspent are for any reason deemed to have been spent on ineligible expenses. D. AGENCY shall maintain records in accordance with the Public Records Law, Chapter 119, Florida Statutes. E. AGENCY shall ensure that no private or confidential data collected, maintained or used during the course of the contract period shall be disseminated except as authorized by statute during the contract period or thereafter. F. AGENCY shall allow COUNTY through the DEPARTMENT to both fiscally and programmatically monitor (as wells conduct an outcome evaluation) to assure that its fiscal and programmatic goals and conduct as outlined in the Scope of Work, Exhibit A and Units of Service Rate and Definition, Exhibit B are adhered to. All contracted programs/services will be monitored at least yearly and possibly twice -yearly. The DEPARTMENT staff will utilize and review other Funder's licensing or accreditation monitoring results. A copy of all grant audits and monitoring reports by other funding entities are required to be provided to the County. Services will be monitored against administrative and programmatic standards designed to measure program efficiency and effectiveness. The AGENCY shall maintain business and accounting records detailing the performance of the contract. Authorized representatives or agents of the COUNTY and/or the DEPARTMENT shall have access to records upon reasonable notice for purposes of review, analysis, inspection and audit. G. AGENCY shall be monitored by the information within the contract, Exhibit A, Exhibit B, and current FAA monitoring tool. H. AGENCIES with findings during the monitoring phase shall complete a Grant Compliance Partnership Agreement within 30 days outlining how and when findings will be resolved. I. AGENCY shall provide the DEPARTMENT with client level data as stated in the FAA Program Data Reporting Instructions. (Agency shall enter client demographic data into the designated data reporting system within ten (10) business days of client enrolling in the FAA program.) Agency shall enter client outcomes into the designated data reporting system, within ten (10) business days of the client program outcome measurement. Data submitted shall clearly document all client admissions and discharges which occurred under this Contract and documents all program participants, programs and strategies which occurred under this Contract, if applicable. Data entered in the designated data Page 659 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 reporting system shall be consistent with the data maintained in the AGENCY'S client files and/or internal data management system. Data that is entered incorrectly must be corrected within the timeframe designated by the DEPARTMENT upon discovery of error or notification of error, whichever occurs first. Failure to provide this information in a timely fashion and in the format required will be grounds for financial reimbursements to be held by the COUNTY until such information is submitted. Agencies receiving County funds in the homeless category agrees to be an approved user in the community's Client Management Information System and to execute the necessary Partner and User Contracts and shall fully comply with the terms and conditions as set forth in these documents, unless otherwise directed by the DEPARTMENT. Final client data entry must be completed by October 1511 of each year in order to be in contract compliance and also to be able to determine AGENCY'S progress in attaining its goals as outlined in the Scope of Work, Exhibit A. J. All Behavioral Health Agencies providing care coordination services shall provide documentation of executed Memorandum of Understanding (MOU) with behavioral health providers required to meet the needs of families in multiple areas of the county. If new Behavioral Health service agencies are needed, the care coordination shall get approval from the Community Services Department Director. K. AGENCY agrees to not use or disclose protected health information, defined as individually identifiable health information other than permitted or required by this Contract or as required by law. L. AGENCY shall have clearly written eligibility criteria and process that includes the following: a. Client must be a resident of Palm Beach County. b. Eligibility for Economic Stability and Poverty Program must be income based. c. Eligibility for Homelessness must be according to the Federal HUD Guidelines. d. Eligibility for Seniors must be age of sixty (60) and above. M.Disclosure of Incidents: AGENCY shall inform Funder by telephone of all unusual incidents that involved any FAA Clients within 4 - 8 hours of the occurrence of the incidents, and follow up with the FAA Incident Notification Form within twenty four (24) hours. This includes incidents occurring in or out of the facilities or on approved trips away from the facility. An unusual incident is defined as any alleged, suspected, or actual occurrence of an incident that adversely affects the health and safety of the FAA Clients. All of the incidents require that immediate action is taken to protect FAA Clients from further harm, that an investigation is conducted to determine the cause of the incident and contributing factors, and that a prevention plan is developed to reduce the likelihood of further occurrences. Examples include but are not limited to physical, verbal or sexual abuse. N. For FAA Clients who are children or adolescent, the AGENCY shall inform Funder by telephone of all unusual incidents that involved any FAA Clients within 2-4 a Page 660 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 hours of the occurrence of the incidents and follow up with the FAA Incident Notification Form within twenty four (24) hours. This includes incidents occurring in or out of the facilities or on approved trips away from the facility. A written report must follow within 24 hours of the incidents. An unusual incident is defined as any alleged, suspected, or actual occurrence of an incident that adversely affects the health and safety of the FAA Clients. All of the incidents require that immediate action is taken to protect FAA Clients from further harm, that an investigation is conducted to determine the cause of the incident and contributing factors, and that a prevention plan is developed to reduce the likelihood of further occurrences. Examples include but are not limited to physical, verbal or sexual abuse. O. AGENCY that provide services or will be around children, the elderly and other vulnerable adult populations, will have and comply with policy that requires them to conduct a Level 1 or Level 2 Criminal Background Check every five (5) years for applicants and volunteers being considered or currently in positions. P. AGENCY shall have an approved Succession Plan indicating how they plan to communicate to Funders if Key Personnel of Senior Management plans on leaving the Agency. Provide an action plan and timeline for replacement. Q. AGENCY shall notify Funder through the FAA Incident Notification Process and follow up with the FAA Incident Notification Form within fourteen (14) business days of the following: 1. Resignation/Termination of CEO, President and/or CFO. 2. Resignation/Termination of Key FAA funded staff. 3. FAA Funded Staff vacancy position over 90 days. 4. Loss of funding from anther Funder that could impact service delivery. 5. Temporary interruption of services delivery due to emergency, natural or unnatural disaster. 6. Other incidents that may occur unexpectedly and is not covered above. R. AGENCY shall provide Key Personnel appropriate training according to their staff qualifications. 1. Behavioral Health and Special Needs Agencies - AGENCY shall ensure that staff receive racial equity training, ACEs (Adverse Childhood Experiences) training, trauma informed care training, and cultural competency training. 2. Behavioral Health Agencies Only - AGENCY shall ensure that staff receive wraparound training. S. AGENCY shall provide a roster of Board of Directors, with titles, addresses, phone numbers and a copy of the Board By -Laws. T. AGENCY shall provide a copy of their revised budget if there are programmatic changes. This needs to be reviewed, discussed and approved by Community Services Department Program and Fiscal Staff. U. AGENCY shall submit annually on a periodic basis to 211 Palm Beach/Treasure Coast, Inc. information regarding available services and related information about Impact Partner and the funded program(s), as requested by 211 Palm Beach/Treasure Coast, Inc. 10 Page 661 of 1207 DocuSign Envelope ID. 2A31B773-7F38-4BA5-8401-7A8F365836C6 V. AGENCY shall verify that the insurance information is in compliance by contacting Insurance Tracking System (ITS) website at www.instracksing.com prior to submitting the signed contracts. W. Agency Engagement Community Services Department (CSD) and Palm Beach County (County) relies on all Agencies to help ensure that our community recognizes the importance of the work we do together. Palm Beach County residents should know about the specific work covered in this Contract, and also know about CSD: who it is, its role in funding, how it works, and what they — the taxpayers — are funding. The names and logos of the Agency or program funded under this Contract and CSD and County are to be displayed in all communications, education and outreach materials. CSD is to be identified as the funder, or one of the funders if there are more than one. The two (2) logos approved are below: COMMUNITYZi a ' r UEAC� SERVICES h C.U.Ty CORIpP Specific Activities — Mandatory: When Agency describes CSD in written material (including new releases), use the language provided below and available on the Agency's website http://discover.pbcgov.org/communityservices/Pages/default.aspx To promote independence and enhance the quality of life in Palm Beach County by providing effective and essential services to residents in need. Display CSD and County logo according to the guidelines at http://discover.pbcgov.org/communityservices/Pages/Publications.aspx on any printed promotional material paid for using CSD and County funds including stationery, brochures, flyers, posters, etc., describing or referring to a program or service funded by the CSD and County. Specific Activities — Recommended: • Identify the CSD and County as a funder in media interviews when possible. • Notify the CSD staff of any news release or media interview relating to this Contract or the program funded under this Contract so the coverage can be promoted using appropriate media channels. • Place signage/LOGO in Agency's main office/lobby and all additional work/service sites visible to the public, identifying CSD and County as a funder. • Display CSD and County logo according to this posted guideline http://discover.pbcgov.org/communityservices/Pages/Pubiications.aspx on Agency's website with a hyperlink to CSD and County website http://discover.pbcgov.org/communityservices/Pages/default.aspx • Display the CSD logo on signs and banners at events open to the public 11 Page 662 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 (excluding fund-raising events) promoting funded programs that Agency sponsors or participates in. X. For all Homelessness category: • Agency should maintain in their file proof that the client served came through the Coordinated Entry System • Agency maintains as a member in good standing of the Palm Beach County Homeless and Housing Alliance (HHA) To qualify as a member in good standing of the Homeless and Housing agency must meet the HHA attendance requirements — 60% attendance at the general HHA meetings and 70% attendance at the sub -committee meetings as defined in the HHA Bylaws, Article 3, Section 2 found at www.hhapbc.org • Agencies that are not current members of HHA join the HHA and attend the new members orientation with the first 3 months of contract and maintain a certificate of their completed training. • Agencies must enter all programmatic data into the Homeless Management Information System (HMIS). • Agency must submit HMIS data report on a quarterly basis • Agencies that are not currently using HMIS must attend HMIS training within one month of contract award and maintain a certificate of their completed training • Agency programs must comply with HHA program standards Y. For Domestic Violence category • Agency maintains as a member in good standing of the Palm Beach County Homeless and Housing Alliance (HHA) To qualify as a member in good standing of the Homeless and Housing agency must meet the HHA attendance requirements — 60% attendance at the general HHA meetings and 70% attendance at the sub -committee meetings as defined in the HHA Bylaws, Article 3, Section 2 found at www.l-Ihapbc.org • Agencies that are not current members of HHA join the HHA and attend the new members orientation with the first 3 months of contract and maintain a certificate of their completed training on file • Agency programs must comply with HHA program standards • Agency must enteral all programmatic data into SAMIS • Agencies must enter all programmatic data into SAMIS • Agency must submit SAMIS data report on a quarterly basis • Agencies that are not currently using SAMIS must attend SAMIS training within one month of contract award maintain a certificate of their completed training on file Failure to provide this information in a timely fashion and in the format required will be grounds for financial reimbursements to be held by the COUNTY until such information is received. Copies of the required COUNTY forms have been supplied to the as attachments to this contract. 12 Page 663 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 ARTICLE 14 — AGENCY CERTIFICATION/NONPROFITS FIRST It is the policy of the COUNTY that all agencies receiving funding through the Financially Assisted Agencies Program must participate in the Agency Certification process developed by Nonprofits First (CENTER). All new FAA funded agencies will complete certification within eighteen (18) months of their initial County contract and make significant progress towards achievement of certification standards within the first six (6) months. To comply with this policy, AGENCY will provide written documentation of completion of the agency -wide self-assessment from the CENTER, by April 15'h of each year. AGENCY will work in collaboration with the CENTER using the certification assessment tool provided by the CENTER and approved by the DEPARTMENT. AGENCY understands that self-assessment is an initial step towards agency certification. All currently certified agencies will be required to maintain their certification status throughout their contract period. Nonprofit First Certification will be optional for Agencies that request and are approved through the FAA Nonprofits First Exemption Process. This request must be received by the FAA Grant Compliance Specialist by December 31st of each year. Agencies not requesting an exemption must go through the Nonprofit First Certification stated above. The FAA Nonprofit First exemption requires documentation of certification from another funding or oversight body recognized by their industry, or if their Agency has received two (2) consecutive monitoring reports from FAA with no findings. This exemption is valid for one year and must be requested on a yearly basis. If the Agency is funded by another funder, they may require the Nonprofit First Certification. The FAA Nonprofit First exemption only exempts the Agency from FAA program requirements. ARTICLE 15 — ACCESS AND AUDIT REQUIREMENTS The AGENCY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Contract. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the AGENCY 'S place of business. AGENCY shall establish policies and procedures and provide a statement, stating that the accounting system or systems established by the AGENCY, has appropriate internal controls, checking the accuracy and reliability of accounting data, and promoting operating efficiency. The AGENCY will provide a final close out report and Financial Reconciliation Statement as set forth in "Exhibit C" on accounting for all funds expended hereunder no later than 30 days from the contract end date. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code 2-421 through 2-440, as may be amended, which is authorized and empowered to review past, present and proposed County contracts, transactions, accounts and records. The Inspector General has the power to subpoena witnesses, 13 Page 664 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 administer oaths and require the production of records, and audit, investigate, monitor, and inspect the activities of the AGENCY, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interference or impeding any investigation shall be in violation of Palm Beach County Code 2-421 through 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. The AGENCY shall have all audits completed by an Independent Certified Public Accountant (IPA) who shall either be a Certified Public Accountant or a Public Accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable accounting principles. A. The annual financial audit report shall include all management letters and the AGEIVCY's response to all 'findings, including corrective actions to be taken. B. The annual financial audit report shall include a schedule of financial assistance specifically identifying all contracts, Contracts and grant revenue by sponsoring agency and Agreement/Contract/grant number. C. Two bound originals (electronic or hard copy) of the audit is due within 30 days after receipt of the financial audit report by the Independent Certified Public Accountant or a Public Accountant licensed under Chapter 473, Fla. Stat. or nine (9) months after the close of the fiscal year. The complete financial audit report, including all items specified herein, shall be sent directly to: Community Services Department Attn: FAA Program Monitor Palm Beach County 810 Datura Street West Palm Beach, Florida 33401 ARTICLE 16 - CONFLICT OF INTEREST The AGENCY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes and Palm Beach County Code of Ethics. The AGENCY further represents that no person having any such conflict of interest shall be employed for said performance of services. The AGENCY shall promptly notify the COUNTY's representative, in writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other circumstance which may influence or appear to influence the AGENCY'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the AGEIVCY may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the AGENCY. The COUNTY agrees to notify the AGENCY of its opinion by certified mail within thirty (30) days of receipt of notification by 14 Page 665 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 the AGENCY. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the AGENCY, the COUNTY shall so state in the notification and the AGENCY shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the AGENCY under the terms of this Contract. ARTICLE 17 - DRUG-FREE WORKPLACE The AGENCY shall implement and maintain a drug-free workplace program of at least the following items: A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. B. Inform employees about the dangers of drug abuse in the workplace, the AGENCY'S policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. C. Give each employee engaged in providing the services that are under contract a copy of the statement specified in Paragraph A. D. In the statement specified in Paragraph A, notify the employees that, as a condition of working on the contract services, the employee will abide by the terms of the statement and will notify the AGENCY of any conviction of, or plea of guilty nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction or plea. E. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted or so pleads. F. Make a good faith effort to continue to maintain a drug-free workplace through implementation Section 287.087, Florida Statutes. ARTICLE 18 - AMERICANS WITH DISABILITIES (ADA) The AGENCY shall meet all the requirements of the Americans With Disabilities Act (ADA), which shall include, but not be limited to, posting a notice informing service recipients and employees that they can file any complaints of ADA violations directly with the Equal Employment Opportunity Commission (EEOC), One Northeast First Street, Sixth Floor, Miami, Florida 33132. ARTICLE 19 - INDEPENDENT CONTRACTOR RELATIONSHIP The AGENCY is, and shall be, in the performance of all work services and activities under this contract, an Independent Contractor, and not an employee, agent or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this 15 Page 666 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 contract shall at all times, and in all places, be subject to the AGENCY's sole direction, supervision and control. The AGENCY shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the AGENCY's relationship and the relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. The AGENCY does not have the power or authority to bind the COUNTY in any promise, Contract or representation. Further, the AGENCY shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. ARTICLE 20 - CONTINGENT FEES The AGENCY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the AGENCY to solicit or secure this Contract 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 the AGENCY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. ARTICLE 21 -SUBCONTRACTING The COUNTY does not allow subcontracting by the AGENCY for services under this contract. ARTICLE 22 - PUBLIC ENTITY CRIMES As provided in F.S. 287.132-133, by entering into this contract or performing any work in furtherance hereof, the AGENCY certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, 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 hereof. This notice is required by F.S. 287.133(3)(a). ARTICLE 23 - EXCUSABLE DELAYS The AGENCY shall not be considered in default by reason of failure in performance if such failure arises out of causes reasonably beyond the control of the AGENCY or its subcontractors and without their fault or negligence. Such causes include, but are not limited to, acts of God, force majeure, natural or public health emergencies, labor disputes, freight embargoes and abnormally severe and unusual weather conditions. Upon the AGENCY's request, the COUNTY shall consider the facts and extent of any failures to perform the work and, if the AGENCY's failure to perform was without it or its subcontractors fault or negligence, the contract schedule and/or any other affected provisions of this contract shall be revised accordingly, subject to the COUNTY's rights to change, terminate or stop any or all of the work at any time. W Page 667 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 ARTICLE 24 — ARREARS The AGENCY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The AGENCY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract. ARTICLE 25 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS The AGENCY shall deliver to the COUNTY's representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the COUNTY under this Contract. To the extent allowed by Chapter 119, Florida Statutes, all written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the COUNTY or at its expense will be kept confidential by the AGENCY and will not be disclosed to any other party, directly or indirectly, without the COUNTY'S prior written consent unless required by a lawful court order. All drawings, maps, sketches, programs, data base, reports and other data developed, or purchased, under this Contract for or at the COUNTY'S expense shall be and remain the COUNTY'S property and may be reproduced and reused at the discretion of the COUNTY. All covenants, Contracts, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation of the transactions contemplated hereby. Notwithstanding any other provision in this Contract, all documents, records, reports and any other materials produced hereunder shall be subject to disclosure, inspection and audit, pursuant to the Palm Beach County Office of the Inspector General Palm Beach County Code 2-421 through 2-440, as may be amended. ARTICLE 26 - TERMINATION This Contract may be terminated by the AGENCY upon sixty (60) days' prior written notice to the COUNTY in the event of substantial failure by the COUNTY to perform in accordance with the terms of this Contract through no fault of the AGENCY. It may also be terminated, in whole or in part, by the COUNTY, with cause upon five (5) business days written notice to the AGENCY or without cause upon ten (10) business days written notice to the AGENCY. Unless the AGENCY is in breach of this Contract, the AGENCY shall be paid for services rendered to the COUNTY'S satisfaction through the date of termination. After receipt of a Termination Notice, except as otherwise directed by the COUNTY, in writing, the AGENCY shall: Stop work on the date and to the extent specified. 17 Page 668 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 Terminate and settle all orders and subcontracts relating to the performance of the terminated work. Transfer all work in process, completed work, and other materials related to the terminated work to the COUNTY. Continue and complete all parts of the work that have not been terminated. ARTICLE 27 — SEVERABILITY If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, 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 Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 28 - MODIFICATIONS OF WORK The COUNTY reserves the right to make changes in Scope of Work, including alterations, reductions therein or additions thereto. Upon receipt by the AGENCY of the COUNTY'S notification of a contemplated change, the AGENCY shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the COUNTY of any estimated change in the completion date, and (3) advise the COUNTY if the contemplated change shall affect the AGENCY'S ability to meet the completion dates or schedules of this Contract. If the COUNTY so instructs in writing, the AGENCY shall suspend work on that portion of the Scope of Work affected by a contemplated change, pending the COUNTY'S decision to proceed with the change. If the COUNTY elects to make the change, the COUNTY shall initiate a Contract Amendment and the AGENCY shall not commence work on any such change until such written amendment is signed by the AGENCY and approved and executed on behalf of Palm Beach County. ARTICLE 29 - NOTICES All notices required in this Contract shall be sent by, and if sent to the COUNTY shall be mailed to: Taruna Malhotra, Assistant Department Director Community Services Department Palm Beach County 810 Datura Street West Palm Beach, Florida 33401 and if sent to the AGENCY shall be mailed to: Page 669 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 Robert Bertisch, Executive Director Legal Aid Society of Palm Beach County, Inc. 423 Fern Street, Suite 200 West Palm Beach, FL. 33401 ARTICLE 30 - STANDARDS OF CONDUCT FOR EMPLOYEES The AGENCY must establish safeguards to prevent employees, consultants, or members of governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by a desire for private financial gain for themselves or others such as those with whom they have family, business, or other ties. Therefore, each institution receiving financial support must have written policy guidelines on conflict of interest and the avoidance thereof. These guidelines should reflect State and local laws and must cover financial interests, gifts, gratuities and favors, nepotism, and other areas such as political participation and bribery. These rules must also indicate the conditions under which outside activities, relationships, or financial interest are proper or improper, and provide for notification of these kinds of activities, relationships, or financial interests to a responsible and objective institution official. For the requirements of code of conduct applicable to procurement under grants, see the procurement standards prescribed by 45 CFR Part 74, Subpart P and 45 CFR Part 92.36. The rules of conduct must contain a provision for prompt notification of violations to a responsible and objective grantee official and must specify the type of administrative action that may be taken against an individual for violations. Administrative actions, which would be in addition to any legal penalty(ies), may include oral admonishment, written reprimand, reassignment, demotion, suspension, or separation. Suspension or separation of a key official must be reported promptly to the County. A copy of the rules of conduct must be made available to each officer, employee, board member, and consultant of the recipient organization who is working on the grant supported project or activity and the rules must be enforced to the extent permissible under State and local law or to the extent to which the grantee determines it has legal and practical enforcement capacity. The rules need not be formally submitted to and approved by the County; however, they must be made available for a review upon request, for example, during a site visit. ARTICLE 31 - SCRUTINIZED COMPANIES (when contract value is greater than $1 million A. As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the AGENCY certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies that boycott Israel List, or is engaged in a boycott of Israel, pursuant to F.S. 215.4725. 19 Page 670 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 B. When contract value is greater than $1 million: As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance hereof, the AGENCY certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473 or is engagerd in business operations in Cuba or Syria. If the County determines, using credible information available to the public, that a false certification has been submitted by AGENCY, this Contract may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal, if applicable. ARTICLE 32 - PUBLIC RECORDS Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Agency: (i) provides a service; and (ii) acts on behalf of the County as provided under Section 119.011(2) F.S., the AGENCY shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time The AGENCY is specifically required to: A. Keep and maintain public records required by the County to perform services as provided under this Contract. B. Upon request from the County's Custodian of Public Records, provide the County 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 or as otherwise provided by law. The AGENCY further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW -F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. C. Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract, if the AGENCY does not transfer the records to the public agency. D. Upon completion of the Contract the AGENCY shall transfer, at no cost to the County, all public records in possession of the AGENCY unless notified by County's representative/liaison, on behalf of the County's Custodian of Public Records, to keep and maintain public records 20 Page 671 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 required by the County to perform the service. If the AGENCY transfers all public records to the County upon completion of the Contract, the AGENCY shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the AGENCY keeps and maintains public records upon completion of the Contract, the AGENCY shall meet all applicable requirements for retaining public records. All records stored electronically by the AGENCY must be provided to County, upon request of the County's Custodian of Public Records, in a format that is compatible with the information technology systems of County, at no cost to County. Failure of the AGENCY to comply with the requirements of this article shall be a material breach of this Contract. County shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. AGENCY acknowledges that it has familiarized itself with the requirements of Chapter 119, F.S., and other requirements of state law applicable to public records not specifically set forth herein. IF THE AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE AGENCY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, and 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401, BY E-MAIL AT RECORDSREQUEST@PBCGOV.ORG OR BY TELEPHONE AT 561-355-6680. ARTICLE 33 CRIMINAL HISTORY RECORDS CHECK The AGENCY, AGENCY'S employees, subcontractors of AGENCY and employees of subcontractors shall comply with Palm Beach County Code, Section 2-371 - 2-377, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), for unescorted access to critical facilities ("Critical Facilities") or criminal justice information facilities ("CJI Facilities") as identified in Resolution R-2003-1274, as amended. The AGENCY is solely responsible for the financial, schedule, and/or staffing implications of this Ordinance. Further, the AGENCY acknowledges that its Contract price includes any and all direct or indirect costs associated with compliance with this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the COUNTY. 21 Page 672 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 This Contract may include sites and/or buildings which have been designated as either "critical facilities" or "criminal justice information facilities" pursuant to the Ordinance and Resolution R2003-1274, as amended. COUNTY staff representing the COUNTY department will contact the AGENCY (S) and provide specific instructions for meeting the requirements of this Ordinance. Individuals passing the background check will be issued a badge. The AGENCY shall make every effort to collect the badges of its employees and its subcontractors' employees upon conclusion of the contract and return them to the COUNTY. If the AGENCY or its subcontractor(s) terminates an employee who has been issued a badge, the AGENCY must notify the COUNTY within two (2) hours. At the time of termination, the AGENCY shall retrieve the badge and shall return it to the COUNTY in a timely manner. The COUNTY reserves the right to suspend the AGENCY if the AGENCY 1) does not comply with the requirements of County Code Section 2-371 - 2-377, as amended; 2) does not contact the COUNTY regarding a terminated CONSULTANT employee or subcontractor employee within the stated time; or 3) fails to make a good faith effort in attempting to comply with the badge retrieval policy. ARTICLE 34 - ENTIRETY OF CONTRACTUAL CONTRACT The AGENCY agrees that the Scope of Work has been developed from the AGENCY'S service proposal and that the COUNTY expects performance by the AGENCY in accordance with such application. In the event of a conflict between the proposal and this Contract, this Contract shall control. The COUNTY and the AGENCY both further agree that this Contract sets forth the entire Contract between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 22 Page 673 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Contract on behalf of the COUNTY and AGENCY has hereunto set his/her hand the day and year above written. ATTEST: Sharon R. Bock, Clerk & Comptroller M APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: 4A64, i Assistant County Attorney 23 M02,Yi II A„'f l'� ,i ,? 0 C T k ,, 1 6 2018 PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida AGENCY: Legal Aid Society of Palm Beach County, Inc., Agency's Name Typed [�DocuS)9ned by: FfRFC.�RjaqP'ridbA�GyfiSdk)BY Authorized Signature Robert A. Bertisch, Esq., Executive Director Agency's Signatory Name Typed/Printed APPROVED AS TO TERMS AND CONDITIONS Community Services Department JDocuSignedY,bBY.RF94FF77RF DF499 Department Director Page 674 of 1207 t APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: 4A64, i Assistant County Attorney 23 M02,Yi II A„'f l'� ,i ,? 0 C T k ,, 1 6 2018 PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida AGENCY: Legal Aid Society of Palm Beach County, Inc., Agency's Name Typed [�DocuS)9ned by: FfRFC.�RjaqP'ridbA�GyfiSdk)BY Authorized Signature Robert A. Bertisch, Esq., Executive Director Agency's Signatory Name Typed/Printed APPROVED AS TO TERMS AND CONDITIONS Community Services Department JDocuSignedY,bBY.RF94FF77RF DF499 Department Director Page 674 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 Exhibit A SCOPE OF WORK 2019 - 2021 FINANCIAL ASSISTANCE Agency Name: Legal Aid Society of Palm Beach County, Inc. Program Name: Homeless Legal Prevention Project Location: Palm Beach County Target Population: Low and Moderate Income Individuals at risk of homelessness Funding Priority: Homeless prevention Overview: Families and individuals who are evicted experience long-lasting consequences far beyond the loss of their home. Forced evictions often mean that families lose all of their possessions, with furniture, clothing, appliances and personal belongings being piled at the property line or sold at public auction. Evicted families frequently face prolonged periods of homelessness while bouncing between shelters, motels, relatives' spare bedrooms, cars and abandoned houses. This transient existence often translates into a host of negative consequences, including high rates of depression, chronic job instability, severe financial and material hardships and commonly the exacerbation of serious physical and emotional problems. The Homeless Legal Prevention Project (HLPP) will provide services to clients with an attorney and paralegal. The Project may use attorneys from the Legal Aid Society's Pro Bono Project in addition to other volunteers. The overall goal of the HLPP Project is to assist individuals and families at risk of eviction and homelessness to achieve housing stability through the strategy of case management, including landlord -tenant mediation and legal services (advice, consultation, representation and education) The Project will utilize the following tools to complete its work including but not limited to demand letters, mediation, conciliation, and litigation. Services: The Agency shall provide homeless legal prevention services to a minimum of 95 individuals and families. The Agency shall provide 40 clients with advice and counsel on their legal rights and strategies to avoid eviction. The Agency shall assist 25 clients in preparing and filing a pro se answer to an Eviction complaint or provide brief legal service. The Agency shall provide direct legal representation to at least 30 clients. The Agency shall conduct or participate in 8 education and outreach events. Number of (unduplicated) Clients Served through FAA: 95 24 Page 675 of 1207 DocuSign Envelope ID. 2A31B773-7F38-4BA5-8401-7A8F365836C6 EXHIBIT B UNITS OF SERVICE RATE AND DEFINITION 2019 — 2021 FINANCIAL ASSISTANCE CONTRACT Agency: Legal Aid Society of Palm Beach County, Inc. Program: Homeless Legal Prevention Project The AGENCY is allowed to expend up to $4,000 for initial certification or $1,500 for the annual renewal fee every year of the contract. This option exercised by the agency will be taken from the approved budget thus reducing the number of units to be provided. Certification is a requirement of contracting with the COUNTY as referenced in Article 14 of this contract. 25 Page 676 of 1207 Unit Total Total Total Total 3 Year Description Cost FY19 FY20 FY21 Contract Amount A unit of service is defined as one hour of attorney or paralegal/fiscal work. $72.03 $33,495 $33,495 $33,495 Billing can be done in 15 minute increments. $100,485 Total Contract over a three (3) year period $33,495 $33,495 $33,495 The AGENCY is allowed to expend up to $4,000 for initial certification or $1,500 for the annual renewal fee every year of the contract. This option exercised by the agency will be taken from the approved budget thus reducing the number of units to be provided. Certification is a requirement of contracting with the COUNTY as referenced in Article 14 of this contract. 25 Page 676 of 1207 DocuSign Envelope ID: 2A31B773-7F38-4BA5-8401-7A8F365836C6 EXHIBIT C FINANCIAL RECONCILIATION STATEMENT As required by the provisions of the Contract/Contract between Palm Beach County ("the County") and Agency Name ("Agency") [Contract Number] effective 201_, for _[describe subject of Contract/Contract], attached is a final financial reconciliation of the funds provided by County. As shown in the attached (mark applicable box): ❑ All funds provided by Palm Beach County were spent in accordance with the provisions of the Contract/Contract; and total administrative expenses did not exceed fifteen percent (15%) OR ❑ There were under expenditures in the amount of $ which pursuant to the Contract/Contract, will be returned to Palm Beach County by [date]; all other funds were spent in accordance with the provisions of the Contract/Contract. The undersigned states that he/she is the CFO or other individual dually authorized as stipulated in the contract to sign this type of document. The information attached is a true and accurate representation of the expenditure of Palm Beach County funds under the Contract/Contract. Signature Print Name Ems• Date Page 677 of 1207 Insured Summary Report Page 1 of 1 Summary of Certificates This report displays detailed Certificate of Insurance information for a selected Insured. Any items shown in red are deficient. Thursday, September 20, 2018 Simple View Certificate Images Documents Insured: Le a9 Aid Soviet of ialn Beach Count Inc. Insured ID: 033FAA01FY15 ITS Account Number: PLC1303 Project(s): Palm Beach County - Community Services - (Active) Insurance Policy General Liability Expiration: 8/28/2019 General Aggregate: Products - Completed Operations Aggregate: Personal And Advertising Injury: Each Occurrence: Fire Damage: Medical Expense: Automobile Liability Expiration: 8/28/2019 Combined Single Limit: Workers Com ensatinEmloyer Liability Expiration: 8/28/2019 Professional Liability Expiration: 5/1/2019 Each Occurrence: Aggregate Limit: The following letters were issued: Aug 07 2018 - Renewal Letter $500,000 $500,000 $500,000 $500,000 $0 $0 All Owned Autos Hired Autos Non -Owned Autos $500,000 WC Stat. Limits $500,000 $500,000 Certificate Submittal $2,000,000 $2,000,000 $1,000,000 $1,000,000 $0 $0 not provided Hired Autos Non -Owned Autos $1,000,000 not provided $1,000,000 $1,000,000 X X https://its.insurancetrackingservices.com/clientreports/ProblemsSpecificRpt.asp?Vendor=l..PW/90/2Q1$f 1207 Community Services Department October 30, 2018 810 Datura Street West Palm Beach, FL 33401 (561) 355-4700 Robert Bertisch, Esquire, Executive Director Fax: (561) 242-7336 Legal Aid Society of Palm Beach County, Inc. www.pbcgov.com/communityservices West Palm Beach, FL. 33401 n Ifmv ry�m Pafm Beach County Subject: FAA Homeless Legal Prevention Project Contract (R2018- 1543) � SERVICES r iri i�>r'i�hr ��r� ITv�� r�raia✓ r��ri Dear Mr. Bertisch: "r�.r�a��?il �lnu,i�„irrY,�.r r drpY,.i� hire"�J�,wPz�r�i Palm Beach County Enclosed is your copy of the signed FY2018 contract. Please review your Board of County contract carefully and contact me at (561) 355-9910 or email me at Commissioners AHemand@pbcgov.org if you have any questions. Melissa McKinlay, Mayor a Mack Bernard, Vice Mayor Sincer y, Hal R. Valeche Paulette Burdick mn AaliHernandez, Cont a s Manager Dave Kerner Community Services Department Steven L. Abrams 810 Datura Street Mary Lou Berger West Palm Beach, FL. 33401 AHemand@pbcgov.org 561-355-9910 (Office) 561-242-7660 (E -Fax) County Administrator Verdenia C. Baker C: Thomas Eaton, Fiscal Manager Mary Woodard, Ryan White Program Manager Anna Balla, Grant Compliance Specialist II An Equal Opportunity Affirmative Action Employer" Official Electronic Letterhead Page 679 of 1207 Assistance Award/Amendment U.S. Department of Housing and Urban Development Office of Administration 1. Assistance Instrument 2 Type of Action ❑ Cooperative Agreement ® Grant ❑ Award ® Amendment 3 Instrument Number 4 Amendment Number 5 Eff t' a Date of this Action rn 6 Control Number FPE1186053 1 0 6 2020 101937779 7 Name and Address of Recipient 8 HUD Administering Office Legal Aid Society of Palm Beach County, Inc. Department of HUD 423 Fern Street, Suite 200 40 Marietta Street, 16' Street West Palm Beach, FL 33401 Atlanta, GA 30303 DUNS: 569046994 8a Name of Administrator 8b Telephone Number Carlos Osegueda/Grant Officer (678) 732-2446 10 Recipient Project Manager 9 HUD Government Technical Representative Robert Bertisch 561-655-8944 Andrew Kewer (678) 732-2049 1 I Assistance Arrangement 12, Payment Method 13 HUD Payment Office ❑ Cost Reimbursement ❑ Treasury Check Reimbursement eLOCCS ❑ Cost Sharing ❑ Advance Check ® Fixed Price ® Automated Clearinghouse 14 Assistance Amount 15. HUD Accounting and Appropriation Data Previous HUD Amount $300,000.00 15a. Appropriation Number 86 19120 0144 PEI 15b. Reservation number HUD Amount this action `u$0.00 Total HUD Amount $300,000.00 Amount Previously Obligated $300,000.00 Recipient Amount $0.00 _ Obligation by this action $0.00 Total Instrument Amount $300,000.00 _ Total Obligation _ $300,000.00 16 Description THIS GRANT INSTRUMENT IS TO AMEND AN AWARD UNDER THE FAIR HOUSING INITIATIVES PROGRAM (FHIP) - FHIP NOFA 2017. THIS GRANT AGREEMENT CONSISTS OF THE BASIC AGREEMENTS AND THE FOLLOWING ATTACHMENTS WHICH ARE APPENDED HERE AND MADE A PART HEREOF: Attachment A - Schedule of Articles Attachment B - Addendum to the Schedule of Articles Attachment C - Special Conditions (if applicable) Attachment D - Grantee Declarations Attachment E - Additional Assurances Attachment F - Final Statement of Work Attachment G - Payment Schedule Attachment H - Applicant Assurances Final Negotiated Budget The period of performance is 12 months from: April 1, 2020 — March 31, 2021 (Year 3). The grant expiration date is June 30, 2021. The Grant Officer/Administrator has been changed from Myron P. Newry to Carlos Osegueda. The Government Technical Monitor (GTM) is Alecia Kemp. The Government Technical Representative is Andrew Kewer. 17 ® Recipient is required to sign and return three (3) copies of this document to the HUD Administerini Office 19. Recipient (By Name) 18 ❑ Recipient is not required to sign this document. 20 HUD (By Name) (mm/ddlyyyy) II Signature & 1/29/20 Date Page 680 of 1207 Assistance Award/Amendment U.S. Department of Housing and Urban Development Office of Administration I. Assistance Instrument 2. Type of Action ❑ Cooperative Agreement ® Grant ❑ Award ® Amendment 3. Instrument Number 4. Amendment Number I 5. Effective Date of this Action 6. Control Number FPEI186053 1 1 101937779 7. Name and Address of Recipient S. HUD Administering Office Legal Aid Society of Palm Beach County, Inc. Department of HUD 423 Fern Street, Suite 200 40 Marietta Street, 160' Street West Palm Beach, FL 33401 Atlanta, GA 30303 DUNS: 569046994 Ba. Name ofAdminislrator 8b. Telephone Number Carlos Osegueda/Grant Officer (678) 732-2446 10. Recipient Project Manager 9. HUD Government Technical Representative Robert Bertisch 561-655-8944 Andrew Kewer (678) 732-2049 11. Assistance Arrangement 12. Payment Method 13. HUD Payment Office ❑ Cost Reimbursement ❑ Treasury Check Reimbursement eLOCCS ❑ Cost Sharing ❑ Advance Check ® Fixed Price ® Automated Clearinghouse 14. Assistance Amount 15. HUD Accounting and Appropriation Data Previous HUD Amount $300,000.00 _......... _ .... ---- --............. _..._.........-.._......._...._..._.._.__....._. 15a. Appropriation Number 15b. Reservation number HUD Amount this action $0.00 HUD 86 19/20 0144 PEI Total HUD Amount $300,000.00_ Amount Previously Obligated __$300,000:00 Recipient Amount $0.00 Obligation by this action T~ $0.00 _ Total Instrument Amount $300,000.00 Total Obligntion $300,000.00 16. Description THIS GRANT INSTRUMENT IS TO AMEND AN AWARD UNDER THE FAIR HOUSING INITIATIVES PROGRAM (FHIP) - FHIP NOFA 2017. THIS GRANT AGREEMENT CONSISTS OF THE BASIC AGREEMENTS AND THE FOLLOWING ATTACHMENTS WHICH ARE APPENDED HERE AND MADE A PART HEREOF: Attachment A - Schedule of Articles Attachment B - Addendum to the Schedule of Articles Attachment C - Special Conditions (if applicable) Attachment D - Grantee Declarations Attachment E - Additional Assurances Attachment F - Final Statement of Work Attachment G - Payment Schedule Attachment H - Applicant Assurances Final Negotiated Budget The period of performance is 12 months from: April 1, 2020 — March 31, 2021 (Year 3). The grant expiration date is June 30, 2021. The Grant Officer/Administrator has been changed from Myron P. Newry to Carlos Osegueda. The Government Technical Monitor (GTM) is Alecia Kemp. The Government Technical Representative is Andrew Kewer. 17. ® Recipient is required to sign and return three (3) copiesI 18. ElRecipient is not required to sign this document. of this document to the HUD AdministerinE Office 19. Recipient (By Name) 20. HUD (By Name) Signature & I'e Bate (mm/dd/yyyy) I Signature &Title Date (mm/dd/yyyy) 1/29/20 Page 681 of 1207 ATTACHMENT C SPECIAL CONDITIONS (FY2017 FHIP Grant Award) The following conditions apply to this grant • Grantee must provide to the GTR a listing of all indirect cost items in their budget. If this list changes due to negotiations with HUD's contractor for their Indirect Cost Rate, the Grantee must provide an updated list to the GTR. This list will be used when reviewing the Grantee's budget and expenditures. ve Director egal Aid Society of Palm Beach County, Inc. January 29, 2020 DATE OF REVISION: September 2017 Page 1 Page 682 of 1207 Attachment D GRANTEE DECLARATIONS FORM (FY 2017) The technical assistance activities to be undertaken with the funds provided under this grant will be used to supplement or complement existing or planned FHIP funded activities in the project area. 2. The labor rates are those currently being paid to designated staff and vacancies will be filled at rates comparable to those currently paid for similar positions or previously paid for the same position. Salaries will reflect what is paid for similar work in the local labor market. All costs shown for supplies, materials and printing are not also included in the indirect cost rate, where charged. This will not preclude the charging of such costs where directly related to and necessary for the implementation of specific tasks. 4. All travel will be at coach rates and per diem will not exceed the Federal per diem rate. Mileage rates will not exceed the Federal rate. Per 2 CFR§200.432 and §.438, conferences, training and workshop costs can include costs for food or entertainment per the approval of the Federal Awarding agency. Subcontract and consultant agreements will be made in accordance with 2 CFR Part 200 requirements, as appropriate. 7. Indirect costs, if applicable, are at a rate approved in the most recent determination by the Department of Health and Human Services or the cognizant Federal agency (if applicable). The Grantee's signature on this document constitutes an acceptance of all requirements in regards to the execution of this grant award. Title: Executive Director Organization: Legal Aid Society of Palm Beach County, Inc. DATE OF REVISION: January 30, 2018 Page 1 Page 683 of 1207 Attachment E Additional Assurances (FY2017) In addition to the assurances listed in HUD 424-B, HUD also requires applicants to certify to the following additional assurances. As the duly authorized representative of the applicant, I certify the applicant will: a) Assure that all activities and materials funded by this Program will be accessible to persons with disabilities (24 CFR 8.4., 8.6, and 8.54); b) Assure that the financial management system meets the standards prescribed in 2 CFR 200.302 and §200.305, including provisions of the Cash Management Improvement Act of 1990 (CMIA) (Pub. L. 101-4593), as amended (codified as amended in scattered sections of Title 31 U.S. code); c) Comply with patent rights specified in "Rights to Inventions" made by Nonprofit Organizations and Small Business Firms: (37 CFR part 401); d) Comply with non -procurement debarment and suspension common rule implementing Executive Orders 12549 and 12689, "Debarment and Suspension," at 24 CFR Part 24. This common rule restricts sub awards and contracts with certain parties ineligible for participation in Federal assistance program or activities (see GSA List of parties Excluded from Federal Procurement or Non -procurement Programs); e) Comply with "Metric Conversion Act of 1975." As amended (codified as amended at 15 U.S.C. 205a -205k), and Executive Order No. 12770 (Metric Usage in Federal Government Programs), 565 FR 35,801 (1991); f) Comply with "Resource Conservation and Recovery Act of 1976" (RCRA) (Pub. L. 94-580, Section 6002, as amended at 42 U.S.C. 6962), which requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by the Environmental Protection Agency (EPA) (40 CFR parts 247 through 254); g) Comply with the "Paperwork Reduction Act of 1995" (5 CFR part 13200), which describes procedures for developing proposed collections of information (including surveys) and submitting them for OMB review and approval; DATE OF REVISION: September 2017 Page 1 Page 684 of 1207 h) Provide any other assurances that HUD included under the applicable NOFA, including certification of compliance with the "Drug -Free Workplace Act of 1988," accordance with the requirements set forth at 24 CFR Part 24, Subpart F. Place of Performance: (address) i) Comply with the requirements under key Personnel; j) Comply with 2 CFR Part 200 (Sections 2CFR§200.112 and §200.113and §200.318to develop and maintain a written code of conduct, k) Copyright material (2 CFR 200.59, §200.80, §200.315, and §200.448); 1) Procurement of Recovered Materials. State agencies (FHAP agencies) and agencies of a political subdivision of a State that are using assistance under a HUD program NOFA for procurement, and any person contracting with such an agency with respect to work performed under an assisted contract, must comply with the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. m) Environmental Requirements 24 CFR 50.19(b)(3),(4)(9),(12) and (13) of HUD regulations. n) Comply with the Improper Payments Elimination and Recovery Improvement Act of 2012 Implementation Update, and the Executive Order 13520 "Reducing Improper Payments and Eliminating Waste in Federal Programs" through the "Do Not Pay List". Applicant Response: Sign and , ur�&yfor wit Ze:ecute0kgreement. : Authorizea7CertifvinR Official Robert A. Bertisch, Esq., Executive Director PRINT: Name/Title DATE OF REVISION: September 2017 1/29/20 Date: 1/29/20 Date: Page 2 Page 685 of 1207 Legal Aid Society of Palm Beach County Negotiated: 1/21/2020 Period of Performance: 4/01/2020 — 3/31/2021 Attachment G: Payment Schedule HUDKemp HUD GTR: Andrew Kewe-r Page 686 of 1207 Q,. O CD C ro " C. Cr CD -r CD` CD D C CD O � 0 CD C d O G C) O O C) � r� CD CD o � C) c� C n N CD C O D C n� n o x O C CD CD N 0 O Page 6E9 of 1207 C D 7j D C(D N CD (DD A A b D `G z0- CZ. U4 UU (JOq U4 O „A, W W W W •-� O �y W W JJ W 00 W 00 O O O �-r N UUQ ear CD d d d d CSD � . :; C `C Ln O CD CL ~ (D O U cn � O CD O n W Lin OZ O O v, O cn 'O cn JOO v, O p O O O O O ` O CD O Page 6E9 of 1207 ATTACHMENT H Applicant Assurances U.S Department of Housing OMB Approval No. 2501-0017 and Certifications and Urban Development (expires 01/31/2016) Instructions for the HUD -424-B Assurances and Certifications As part of your application for HUD funding, you, as the official authorized to sign on behalf of your organization or as an individual must provide the following assurances and certifications. By submitting this form, you are stating that to the best of your knowledge and belief, all assertions are true and correct. As the duly authorized representative of the applicant, I familial status, or national origin; except an applicant which certify that the applicant [Insert below the Name and title of is an Indian tribe or its instrumentality which is excluded by the Authorized Representative, name of Organization and statute from coverage does not make this certification; and the date of signature]: further except if the grant program authorizes or limits Name: Robert A. Bertisch, Esq. , Title: Executive QirectOparticipation to designated populations, then the applicant Organization j anal Aid Society of , Date: 11 /�0. will comply with the nondiscrimination requirements within 1. Has the legal authority to apply for Federal Palm Beach CoudlPoy,designated population. assistance, has the institutional, managerial and financial Inc. 6. Will comply with the acquisition and relocation capability (including funds to pay the non -Federal share of requirements of the Uniform Relocation Assistance and program costs) to plan, manage and complete the Real Property Acquisition Policies Act of 1970, as program as described in the application and the governing amended (42 U.S.C. 4601) and implementing regulations body has duly authorized the submission of the at 49 CFR Part 24 and 24 CFR 42, Subpart A. application, including these assurances and certifications, 7. Will comply with the environmental requirements of and authorized me as the official representative of the the National Environmental Policy Act (42 U.S.C.4321 et applicant to act in connection with the application and to seq.) and related Federal authorities prior to the provide any additional information as may be required. commitment or expenditure of funds for property 2. Will administer the grant in compliance with Title VI of acquisition and physical development activities subject to the Civil Rights Act of 1964 (42 U.S.C. 2000(d)) and implementing regulations at 24 CFR parts 50 or 58, implementing regulations (24 CFR Part 1), which provide 8. That no Federal appropriated funds have been paid, or that no person in the United States shall, on the grounds will be paid, by or on behalf of the applicant, to any person of race, color or national origin, be excluded from for influencing or attempting to influence an officer or participation in, be denied the benefits of, or otherwise be employee of any agency, a Member of Congress, and subjected to discrimination under any program or activity officer or employee of Congress, or an employee of a that receives Federal financial assistance OR if the Member of Congress, in connection with the awarding of applicant is a Federally recognized Indian tribe or its this Federal grant or its extension, renewal, amendment or tribally designated housing entity, is subject to the Indian modification. If funds other than Federal appropriated Civil Rights Act (25 U.S.C. 1301-1303). funds have or will be paid for influencing or attempting to 3. Will administer the grant in compliance with Section 504 influence the persons listed above, I shall complete and of the Rehabilitation Act of 1973 (29 U.S.C. 794), as submit Standard Form -LLL, Disclosure Form to Report amended, and implementing regulations at 24 CFR Part 8, Lobbying. I certify that I shall require all sub awards at all and the Age Discrimination Act of 1975 (42 U.S.C. 6101- tiers (including sub grants and contracts) to similarly certify 07), as amended, and implementing regulations at 24 CFR and disclose accordingly. Federally recognized Indian Part 146 which together provide that no person in the Tribes and tribally designated housing entities (TDHEs) United States shall, on the grounds of disability or age, be established by Federally -recognized Indian tribes as a excluded from participation in, be denied the benefits of, or result of the exercise of the tribe's sovereign power are otherwise be subjected to discrimination under any excluded from coverage by the Byrd Amendment, but program or activity that receives Federal financial State -recognized Indian tribes and TDHEs established assistance; except if the grant program authorizes or limits under State law are not excluded from the statute's participation to designated populations, then the applicant coverage. will comply with the nondiscrimination requirements within These certifications and assurances are material the designated population. representations of the fact upon which HUD can rely when 4. Will comply with the Fair Housing Act (42 U.S.C. 3601- awarding a grant. If it is later determined that, I the 19), as amended, and the implementing regulations at 24 applicant, knowingly made an erroneous certification or CFR Part 100, which prohibit discrimination in housing on assurance, I may be subject to criminal prosecution. HUD the basis of ra e, color, religion, sex, disability, may also terminate the grant and take other available remedies. a. Executive Director Legal Aid Society of Palm Beach County, I Name Title: , Organization: , Date: 1/29/20 g f Form HUD -424-B (02/2004) Page 688 of 1207 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. JOB SUMMARY: JOB TITLE: PROJECT: CLASSIFICATION: REPORTS TO: REVISION DATE: Attorney Fair Housing Project Full-time, exempt Supervising Attorney January 2020 The Fair Housing Project attorney provides advice and counsel to victims of discrimination. The attorney will practice in state and federal courts as well as before administrative agencies. Conducts civil lawsuits, draws up legal documents, advises clients as to legal rights, and practices other phases of fair housing law. Assists Project Director with the implementation of a local and regional fair housing enforcement program. Work schedule is generally Monday through Friday, 9:00 a.m. 5:00 p.m., with occasional evening or weekend work. Travel in Palm Beach, Martin, Okeechobee, St. Lucie and Hendry counties required. ESSENTIAL DUTIES AND RESPONSIBILITIES: • Represents clients before administrative and judicial tribunals in a full range of civil legal matters. • Conducts interviews of clients at the office or elsewhere. • Investigates and develops cases, including conducting necessary interviews and consulting appropriate agencies and resources. • Counsels and advises clients in legal matters. • Negotiates on behalf of clients. • Drafts letters, memos, pleadings, briefs, and other legal documents and written materials. • Manages grant deliverables and reporting requirements as required. • Analyzes facts divulged by clients to identify legal issues presented and make appropriate referrals. • Remains current on new developments in the law which affects clients. • Performs legal research. • Conducts site visits to properties being investigated and collect documents. • Maintains accurate and complete records and files regarding cases. • Makes referrals and follows up referrals of clients to appropriate alternative or additional sources of assistance. • Develops and maintains relationships with social service agencies. • Plans and participates in Fair Housing Month Activities. • Provides community trainings on fair housing issues and lending discrimination. • Assists local funding jurisdictions in fulfilling their obligations to affirmatively further fair housing. • Develops and maintains relationships with the Palm Beach County Bar Association. • Serves on community, bar, and county committees where feasible. • Attends staff and other meetings in the community as assigned. • Maintains confidentiality of all information handled. • Complies with all agency policies and procedures. Page 689 of 1207 • Works with other staff members to form a positive, supportive team atmosphere. • Must work the days and hours to perform all assigned responsibilities and tasks, and be punctual and timely in meeting all performance requirements, including but not limited to, attendance standards and work deadlines. • Must maintain courteous, professional and effective working relationships with employees and clients of the organization. • Assists the Executive Director and/or supervisor with special projects, assignments and any additional duties as deemed appropriate or as needed. SUPERVISES: Paralegal/support staff. POSITION RELATIONSHIPS: Position requires daily contact with unit attorneys and paralegals, executive director, and clients on a frequent basis and with other staff members on a frequent to daily basis. POSITION REQUIREMENTS: • Doctor of Jurisprudence (J.D.) from A.B.A. accredited law school. • Member of the Florida Bar. • Must have 3-5 years legal experience. • Excellent verbal and written skills. • Must have a professional attitude and pleasant manner with the public. • Knowledge of the Florida and Federal Rules of Civil Procedure. • Excellent computer and word processing skills. Proficient in using MS Outlook, MS PowerPoint, MS Word, Excel software. • Experience with community outreach and planning and delivering public presentations. • Commitment to going above and beyond to meet all contractual deadlines. • Outstanding project management skills; ability to set priorities, manage multiple tasks, and meet deadlines. • Working to eradicate housing discrimination and help build inclusive communities through education, outreach, advocacy, and enforcement. • Must have a demonstrable commitment to understanding the issues of low-income constituents and be able to appreciate and work with a culturally and demographically diverse population. • Demonstrated commitment to fair housing and civil rights. • Occasional out of area travel and overnight stays may be required. SPECIAL REQUIREMENTS AND PHYSICAL DEMANDS: • Requires safely lifting or moving up to 10 lbs on an occasional basis, for example movement of materials, files or texts. • Regular requirement to stand, and sit for long periods of time, with some walking, occasional bending, stooping, squatting, pushing and pulling. • Noise level is usually quiet to moderate. Page 690 of 1207 EQUIPMENT: Computer, scanner, telephone, fax, copy machine. SALARY RANGE: Commensurate with experience. Continued employment is dependent on availability of funding resources. NON-DISCRIMINATION STATEMENT The Legal Aid Society does not discriminate against employees or clients on the basis of race, color, religion, gender, sexual orientation, national origin, age, disability, marital status, familial status or any other characteristic protected by Federal, State or local law or ordinance. A non- discrimination clause concerning employment opportunity is incorporated in the Employee Policy and Procedure Manual. The agency will make reasonable accommodations in compliance with the Americans with Disabilities Act of 1990. This job description may not be all-inclusive and employees are expected to perform all other duties as assigned and directed by management. Job descriptions will be reviewed periodically as duties and responsibilities change with business necessity. Essential and marginal job functions are subject to modification. I have read and understand the job responsibilities, standards and requirements for this position. Employee Name Date Robert Bertisch, Executive Director Page 691 of 1207 JOB SUMMARY: LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. JOB TITLE: PROJECT: CLASSIFICATION: REPORTS TO: REVISION DATE: Paralegal Fair Housing Project Full-time, non-exempt Supervising Attorney March 2020 Serves as the initial contact for potential clients of the Fair Housing (FHP) Project. Screens applicants to determine their eligibility for Legal Aid services, initially assesses their legal issues, checks for conflicts of interest, schedules intake appointments, drafts pleadings and refers callers to community resources and other departments within Legal Aid Society. Maintains call logs/records, enters client data in the Legal Server database, drafts letters and other documents, performs clerical/administrative tasks, and assists staff with outreach activities. Researches and maintains knowledge of current fair housing law, both federal and local county ordinance, investigates facts, and prepares cases. Work is continually monitored and evaluated by the unit attorney, and they receive annual written evaluations from the supervising attorney. Work schedule is as follows; generally, Monday through Friday 9am - 5pm with occasional evening or weekend work and occasional travel to Hendry, Okeechobee, St. Lucie and Martin Counties. ESSENTIAL DUTIES AND RESPONSIBILITIES: • Makes client telephone calls and performs case screening for fair housing clients. • Performs client intake, and prepares cases, including extensive investigations, attempting early resolution of issue with adverse party. • Prepares cases for administrative filings, investigates complaints and follows -up with the Office of Equal Opportunity/HUD. • Prepares cases for litigation — either defense of eviction or filing of civil case with staff attorney. • E -files pleadings with court clerk. • Maintains general administrative work — prepares files, updates/maintains case management system and other similar duties. • Performs trainings/presentations and provides assistance at fair housing workshops. • Prepares/orders and distributes fair housing flyers, brochures and other materials at fairs and community organizations. • Attends staff and other meetings in the community as assigned. • Keeps accurate accounting of time spent on each client's case through the online case management system. • Stays current on emerging professional information. • Maintains confidentiality of all information handled. • Complies with all agency policies and procedures. • Works with other staff members to form a positive, supportive team atmosphere. Page 692 of 1207 Must work the days and hours to perform all assigned responsibilities and tasks, and be punctual and timely in meeting all performance requirements, including but not limited to, attendance standards and work deadlines. Must maintain courteous, professional and effective working relationships with employees and clients of the organization. Assists the supervising attorney or Executive Director with special projects, assignments and any additional duties as deemed appropriate or as needed. SUPERVISES: None. POSITION RELATIONSHIPS: Position requires daily contact with unit attorneys and other paralegals, executive director, and clients on a frequent basis and with other staff members on a frequent to daily basis. POSITION REQUIREMENTS: • Bachelor's Degree in Business Administration, Public Administration, Organization Management or related field required. Paralegal degree or related work experience required — may be substituted on a year -for -year basis. • Knowledge of current fair housing laws, for both federal and local county ordinance laws. • Familiarity with public benefits (Social Security, Medicare, Medicaid, VA benefits and food stamps), wills and advanced directives. • Computer literate; knowledge of WordPerfect, Microsoft Word, PowerPoint and general Microsoft Office applications. • Proficiency in typing, spelling, punctuation, and grammar. • Excellent judgment, organization, and efficiency, problem -solving and analytical skills in order to perform accurate case analysis. • Must pass Level 2 background screening. • Capacity to learn and adapt. • Dependability, initiative, motivation, and concern for interest of clients. • Ability to work well with others. • Strong, positive communication and interpersonal skills. • Ability to work independently and responsibly. • High ethical standards. SPECIAL REQUIREMENTS AND PHYSICAL DEMANDS: • Requires safely lifting or moving up to 25 lbs on an occasional basis, for example movement of materials, files or texts. • Regular requirement to stand, and sit for long periods of time, with some walking, occasional bending, stooping, squatting, pushing and pulling. • Noise level is usually quiet to moderate. Page 693 of 1207 EQUIPMENT: Computer, scanner, telephone, fax, copy machine. SALARY RANGE: Commensurate with experience. Continued employment is dependent on availability of funding resources. NON-DISCRIMINATION STATEMENT The Legal Aid Society does not discriminate against employees or clients on the basis of race, color, religion, gender, sexual orientation, national origin, age, disability, marital status, familial status or any other characteristic protected by Federal, State or local law or ordinance. A non- discrimination clause concerning employment opportunity is incorporated in the Employee Policy and Procedure Manual. The agency will make reasonable accommodations in compliance with the Americans with Disabilities Act of 1990. This job description may not be all-inclusive and employees are expected to perform all other duties as assigned and directed by management. Job descriptions will be reviewed periodically as duties and responsibilities change with business necessity. Essential and marginal job functions are subject to modification. I have read and understand the job responsibilities, standards and requirements for this position. Employee Name Date Robert Bertisch, Executive Director Page 694 of 1207 FAIR HOUSING COMPLAINT QUESTIONNAIRE Legal Aid Society of Palm Beach County, Inc. 423 Fern, Street, Suite 200 West Palm Beach, Florida 33401 Telephone: (561) 655-8944/ Fax: (561) 655-5269 Last Name First Name Social Security No. Address: Sheet City State Zip Code Phone: Home Cell WorkContact Person Name & Phone Age: Birth Date: [ ] Male [ ] Female Email: Marital Status: [ ] Single [ ] Married [ J Separated [ ] Divorced [ J Widowed Spouse's Name: How many people live in your home? Adults _ Children Primary Language: [ ] English [ J Spanish [ ] Creole [ ] Other: Ethnicity: [ J White [ ] Hispanic [ ] Black [ ] Asian/Pacific Islander [ ] Other: REFERRED BY: Please list all the income received by you and the people living with you: Type of income Amount Haw often is it paid? [ ] weekly [ ] every two weeks [ ] monthly [ ] yearly [ ] weekly [ ] every two weeks [ ] monthly [ ] yearly [ j weekly [ ] every two weeks [ ] monthly [ ] yearly [ ] weekly [ ] every two weeks [ ] monthly [ ] yearly LEGAL PROBLEM- Briefly state the nature of your problem: APPLICANT CERTIFICATION The answers and information given above by me are true and I ask the Legal Aid Society to rely on them when deciding whether I am eligible for their legal services. Signature Date Signature Date Page 695 of 1207 FAIR HOUSING PROJECT - LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. 423 Fern Street, Suite 200 — West Palm Beach, FL 33401 — website: www.legalaidpbc.org Ph: (561) 655-8944 — Fax: (561) 665-5269 — email: fhp(cD-legalaidpbc.org Attorney's Authorization and Retainer Agreement I, , authorize Legal Aid Society of Palm Beach County, Inc. (LASPBC), and any attorneys associated with them to represent me either through in-house staff or on a pro bono basis and to do all things necessary or desirable including initiating litigation in connection with my fair housing issue. The nature of the service to be provided is: Representation of client(s) throughout the legal process I understand that LASPBC represents low-income clients only and that LASPBC does not charge an attorney's fee for its services. I understand that the attorney or paralegal with me at any Court or Administrative hearing may not be the same person who initially interviewed me. I agree, however, to pay all necessary costs connected with my representation unless it is agreed by LASPBC that I am unable to pay those costs. I agree to reimburse LASPBC for any costs paid on my behalf. 2. 1 agree to keep all appointments or promptly notify LASPBC of the need to change an appointment, truthfully give all information requested, and promptly notify LASPBC about any changes in information in my case, any new developments in my case, and any changes in my address or my financial situation. 3. If deemed to be in the best interest of my case, LASPBC may require that I make a monthly deposit of funds into its trust account. These deposits will be held for my benefit, so that I will have the necessary funds available should a settlement/loan modification be reached in my case. 4. LASPBC shall keep all information provided by me confidential, request my participation in all decisions concerning resolution of my problem, and make no settlement of my claims without my consent. l understand that my participation depends upon keeping LASPBC informed of my whereabouts. I understand that information regarding my personal finances may be disclosed during the litigation process as a means of settling my dispute. Any financial disclosures will be limited to those individuals/organizations which have authority to settle this matter. 5. 1 hereby waive the attorney-client privilege with respect to any knowledge obtained by my attorney through the attorney-client relationship concerning my income and assets, should the attorney file a Motion to Withdraw from my representation based upon my financial ineligibility. 6. 1 agree to permit LASPBC to seek and retain attorney's fees, whether authorized by statute or otherwise, as may be assessed against any opposing party by any court or through settlement. Further, I understand that LASPBC has limited funds and can continue to take cases like mine only if it is regularly able to obtain attorney's fees from the opposing party. I therefore agree that LASPBC may reject, on my behalf, any settlement offer which requires LASPBC to give up its right to seek a reasonable attorney's fee from the opposing party. 7. 1 understand that LASPBC will not automatically appeal on my behalf any unfavorable decision to a Page 696 of 1207 higher court or other body. An appeal by LASPBC will be taken only after consultation with LASPBC's Executive Director or designee and consideration of the merits of the appeal, program resources, and my continued financial eligibility for LASPBC services. 8. 1 further understand that if I have been provided with free legal services, and it is discovered that I was not eligible for them that I will pay a reasonable fee, plus expenses, for all services rendered by LASPBC or the private attorney which was furnished to me. LASPBC, or the private attorney whom it furnishes to me, may ask the judge handling my case to decide the amount of any fee or expense that I might owe. 9. 1 further understand that if I qualify for representation, LASPBC, at its discretion and without stating a reason, may assign my case to one of its staff attorneys, or may refer the matter to a private pro bono attorney. Such referral may occur at any point in the representation. I understand that the opposing party involved in this legal matter may request or may have requested assistance from LASPBC in this legal matter and that the opposing party may also be eligible for LASPBC's services. In such a case, LASPBC will attempt to obtain private pro bono representation for one or both parties, or may provide representation to one of the parties through a LASPBC staff attorney. 10. 1 understand that if I fail to comply with any of the foregoing, I ASPBC may withdraw its representation. 11. This retainer becomes effective as of the date signed below. LASPBC representation will terminate upon a final disposition being reached in my case, settlement of my case, or the LASPBC staff attorney's withdrawal From the case. This Retainer Agreement will also pertain to the services of a Pro Bono Project attorney, should I be referred through LASPBC, subject to the above terms. By signing below, I hereby acknowledge and agree to the terms of this Retainer Agreement. In addition, I acknowledge that a copy of this Retainer Agreement was provided to me. Client Signature Date Client Signature Date This agreement is not effective unless and until signed below by a LASPBC attorney or paralegal. LASPBC Attorney/Paralegal Signature Date Page 697 of 1207 Legal Aid Society of Palm Beach County, Inc. Fair Housing Project Client Rights & Responsibilities and Grievance Procedure Individuals enrolled in the Fair Housing Project have the following rights and responsibilities: I. CLIENT RIGHTS You have the right to choose whether or not to accept civil legal representation from the attorneys and paralegals of the Legal Aid Society of Palm Beach County, Inc. You have the right to receive representation from an attorney or paralegal who is knowledgeable in the area of law affecting your legal problem. You have the right to know about your attorneys/paralegals education, training and experience. If you ask, the attorney/paralegal should tell you about their actual experience dealing with cases similar to yours. If you ask, the attorney/paralegal should provide information about special training or knowledge and give you this information in writing if you request it. You have the right to be told by your attorney of possible adverse consequences should you lose your case. Those adverse consequences may include money that you might have to pay for costs and attorney's fees to the other side. You have the right to have your telephone calls returned promptly. You have the right to ask your attorney at reasonable intervals how the case is progressing and have any questions answer to the best of your attorney ability. You have the right to make the final decision regarding settlement of your case. Your attorney must notify you of all offers of settlement before and after the trial. Offers during the trial must immediately be communicated and you should consult with your attorney regarding whether to accept a settlement. You have the right to file a grievance regarding Legal Aid decisions, actions and the implementation thereof. U. RESPONSIBLITIES The following are the responsibilities expected of you as a client of the Legal Aid Society of Palm Beach County, Inc. You are responsible for assisting the Legal Aid Staff in any and all aspects of your legal representation, including, but not. limited to, requests for information in a timely manner and with providing accurate and truthful information regarding your case. You are responsible for keeping all scheduled appointments, including attending any trials, final hearings necessary court and/or administrative hearings, depositions, etc., and with keeping the Legal Aid staff advised of any changes in your address, telephone number or other pertinent personal information, etc. You are responsible for demonstrating behavior that is cooperative and respectful of others, and for following any instructions to the best of your ability. You are responsible for notifying the attorney representing you when you have problems obtaining services or when you are dissatisfied with the services provided to you. Page 698 of 1207 III. CLIENT GRIEVANCE PROCEDURE Any individual may file a grievance regarding Legal Aid decisions, actions, and implementation thereof that has adversely impacted them in a substantive manner. This complaint/grievance must be in written form in order to be considered. Step 1 Complaints will be addressed by Robert A. Bertisch, Executive Director of the Legal Aid Society of Palm Beach County, Inc. the Executive Director or other designated staff members under the Executive Director's supervision will have fifteen (15) calendar days to research the complain and submit a written response to the complainant. If a response cannot be submitted within fifteen (15) calendar days., the complainant will be notified in writing of the anticipated response date. The Statement of the CompIaint/Grievance must address the following: The specific date and nature of the event or action in question. A brief statement of the facts surrounding the event or action as perceived by the complainant and in what manner this has adversely impacted the complainant. Redress sought by the complainant. Step 2 If the complainant is not satisfied with the response obtained in step 1, he/she may follow the same steps as above addressing the Chairperson of the Personnel Committee of the Board of Directors of Legal Aid Society of Palm Beach County, sending along with his/her complaint a copy of the Executive Director's response. This must be done within ten (10) working days of receipt of the above response. The Chairperson of the Personnel Committee of the Board of Directors will review said complaint with the committee and respond to the complaint or will discuss the matter at the next Board or Directors meeting, if necessary, and the notify the complainant of the final decision. I hereby acknowledge receipt of a copy of the Client Rights & Responsibilities and Grievance Procedure. X X Siqnature Date Page 699 of 1207 HOUSING DISCRIMINATION COMPLAINT QUESTIONNAIRE Palm Beach County Office of Equal Opportunity 301 North Olive Avenue, 1011, Floor— West Palm Beach, FL 33401 Telephone: (561) 355-4883 / FAX: (561) 355-4932 / TDD: (561) 355-1517 http://www.iobcgov.com/ecivalopportunity_ IMPORTANT NOTICE TO POTENTIAL COMPLAINANT: Completion of this form is necessary in order for the Office of Equal Opportunity (OEO) to determine if you have sufficient legal grounds to initiate the filing of a complaint of housing discrimination. Completion and submission of this Questionnaire does notconstitute the filing of a complaintof discrimination. Upon receipt of this completed Questionnaire, we will determine if you have stated sufficient factual allegations to proceed further. If the facts are not sufficient, we will either contact you for further Information or notify you of our determination that the facts are not sufficient. If the facts are sufficient, a complaint will be prepared for you to sign and return to OEO for filing and investigation. You must return the signed, notarized complaint form so that it is received by OEO within one (1) year of the date of the most recent act of alleged discrimination. When completing this form, please print legibly or use typewriter. Please do not write on the back of the page. Use additional sheets if necessary. PERSONAL INFORMATION: 1. My name is: (First) (Middle Name or Initial) (Last) 2. My date of birth is 3. My gender is and my racial identity Is 4. 1 reside at in the City of _ County of State of _ Zip Code 5. My day time telephone number, including the area code is: 6. My evening telephone number, including the area code is: 7. The name of a person who will know how to reach me Is: Their telephone number (including area code) is: INFORMATION ABOUT THE HOUSING PROVIDER: What is the name of the housing provider, landlord, condominium association, homeowner's association, realtor, etc., that you believe discriminated against you? Name: Address: City: State Zip Telephone No. Revised 03/06/2008 Housing Questionnaire 1 of 6 Page 700 of 1207 What is the address of the house or property that is involved in your discrimination claim? Property Name: Address: City: State Zip Telephone No. In what Florida County is this property located? Were you residing at the above address at the time of the alleged discrimination? (Yes) (No). If you answered yes to the above question, when did you first move to this address? How many units are located at this address? Is the subject property: (a) _ multl-famlly (apartment/condominium); or (b) single family. Please indicate the basis upon which you believe you were discriminated against. (Check and respond only to those that are applicable to your case.) Race. If your claim is based on race, what is your race? Color. If your claim is based on color, what is your color? National Origin. If your claim is based on national origin, what is your national origin? Sex. If your claim is based on sex (or gender), what is your sex (gender)? If your claim is based on sexual harassment, did you report the alleged harassment to the housing provider.) –QYes ( No. If yes, what actions did the housing provider take based upon your report? Age. If your claim is based on age, what is your age? Religion. If your claim is based on religion, what is your religion? Did you request an accommodation for a religious practice or bellef? —ayes _allo. If yes, what was the housing provider's response to your request? Familial Status. If your claim is based on familial status, please indicate the number and ages of your dependent child(ren): Disability. If your claim is based on disability, what is your disability? (NOTE: IF YOUR CLAIM IS BASED ON DISABILITY, PLEASE COMPLETE THE ATTACHED DISABILITY QUESTIONNAIRE.) Did you request an accommodation or modification for your disability? -,Yes –allo. If yes, what accommodation or modification did your request? What was the property owner's/housing provider's response to your request for an accommodation or modification? Marital Status. If your claim is based on marital status, please Indicate whether you are4single;.0 married; 0 divorced; 0 other (please specify: 1 Sexual Orientation. If your claim is based on sexual orientation, what is your sexual orientation? Genderldentity or Expression. Revised 03/06/2008 Housing Questionnaire 2 of 6 Page 701 of 1207 The most recent act of discrimination took place on (Month) (Day) (Year) BRIEF STATEMENT REGARDING YOUR DISCRIMINATION CLAIM. (Briefly describe the action that was taken against you that you believe to be discriminatory. Indicate what harm, if any, was caused to you or others in your household or family, as a result of this alleged action. For example: Were your refused rentaljleasing? Were you subjected to different terms and conditions? Was housing falsely denied as being available? Were you harassed? Were you denied a mortgage/insurance/financing?, etc.) Use additional sheets if necessary. Please do not write on the reverse side of the page. What reason, if any, did the housing provider give for the alleged discriminatory treatment? Why do you believe that the action taken against you was discriminatory? Revised 03/06/2008 Housing Questionnaire 3 of 6 Page 702 of 1207 The names, addresses and telephone numbers for all persons who have knowledge about the alleged discriminatory treatment are listed below. I have also given a summary of what each person knows about this matter. WHAT RELIEF ARE YOU SEEKING IN THIS MATTER? WHAT WOULD YOU BE WILLING TO ACCEPT TO RESOLVE THIS MATTER IMMEDIATELY? ARE YOU WILLING TO PARTICIPATE IN MEDIATION TO SEEK AN EARLY RESOLUTION OF YOUR CLAIM(S)? Yes. _ 0 No. HAVE YOU SOUGHT ASSISTANCE FROM ANY OTHER AGENCY, ATTORNEY, ETC.? If so, What is the name of the source of assistance? Date of assistance: Results, if any: HAVE YOU PREVIOUSLY FILED A COMPLAINT WITH OEO or HUD ? Yes _� No. If yes, when did you file: Complaint No. (If known): A. I have been advised by a representative of the Palm Beach County Office of Equal Opportunity (OEO) that completion of this Questionnaire is necessary in order for the Office of Equal Opportunity to determine if I have sufficient legal grounds to initiate the filing of a complaint of housing discrimination. I understand that completion and submission of this Questionnaire does not constitute the filing of a complaint of discrimination and that upon receipt and review of this completed QuestionNaire, OEO will determine if I have stated sufficient factual allegations to proceed with the actual filing of a complaint of discrimination. B. I understand that to be timely flied a complaint of discrimination must be received by OEO within one (1) year of the date of the most recent act of alleged discrimination. Under penalty of perjury, I declare that I have read the entire contents of this Questionnaire and that my answers and statements contained herein are true and correct. Signed: Printed Name: Date Signed: Revised 03/06/2008 Housing Question nalre 4 of 6 Page 703 of 1207 HOUSING DISCRIMINATION COMPLAINT QUESTIONNAIRE (Continuation Sheet) Revised 03/06/2008 Housing Questionnaire 5 of 6 Page 704 of 1207 Revised 03/06/2008 Housing Questionnaire 6 of 6 Page 705 of 1207 G °nFiscal Year 2020 — 2021 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING APPLICATION SUBIWISSION DEADLiNE pi ammo ,,, : S II gf T y �� o�o»,,,, 111111110 Boyn ton Beach f117#1"u i n � �i i Zvi �� Boyntonch FOR MORE INFORMATION OR QUESTIONS, PLEASE CONTACT: CITY OF BOYNTON COMMUNITY IMPROVEMENT DIVISION 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33426 Telephone; 561-742-6066 Email 1i1iii pqksIl&§I fl iig 7 tashea Brooks, Interim Community Improvement Manager Community Improvement Division 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33436 "".ti Page 706 of 1207 Agency Name: Pathw jto,,,,,,,[ ros M(Q, y,Ince Project: Circles Palm Beach u „�. MA Ca�mmnt y. ...... APPLICATION Submit Electronic Application Only Application is signed and dated. By Director, and Board Chairperson 501(c) (3) is attached (if applicable). Board Member list, Copy of latest audit. All funding sources for this project identified. ADDITIONAL ATTACHMENTS FY 20-21 CDBG Funding Application Page 707 of 1207 FY 2020-2021 Funding Request To submit an application, complete A — G, Attachments 1-5 (if applicable) and any other items requested. Do not include any items that are not requested. Submit Illk°IIIIjC Cllllr'I'I'I'I �'III't'lllljura°;illu°'i to LasheaBrooks (��IIpAIlf �woks hu �Ilkllllll u) Community Improvement Division, 3301 Quantum Boulevard' Boynton BeachFE33436 by 4301Ipirrt, Apii�'�: 20, 0020. Please review the "5ubrecipient Guide" for the Programs, goals, requirements and timelines. For assistance, please call the Community Improvement Division at 561-742-6600. A. GENEMLI_ RMATION 1. 2. 4. 5. 6. 7. Name of Applicant: Pathwayswto Pros �rc x Non-profit Neighborhood Association For -Profit CHDO (Provide copy of your IRS ruling providing tax exempt status under section 501(c) (3) of the 19861R5 Code if you are a non-profit) Name of Project: Circles Palm Bead Court w Area or Location of Project _,,Heart of Boynton Beach Contact Person/Title: KemberlBuh (Preferably Pres. /airector) Email Address: kbush 2 ibc.or Additional Contact Person/Title sn�,sCo0mmrd�ina (Preferably Person responsiblefor Preparing reports) Alternate Email Address: tscott-woodson 20bor Mailing Address/Zip: 970...N Seacrest Blvd Bg F� L 33435 w� Telephone: 561-369 2323 Fax 561-732-3270 Grant Request Activity Area: Public Service Public Facility Public Safety/Crime Prevention Senior Services Homeless Prevention Services Other X Economic Development Youth Programs Amount of Funds Requested for Project: � X3„5„,004 „m Amount of Matching Funds for Project: ". x,000 Match Type: _ Cash _ Sweat Equity x Other Grants Donations FY 20-21 CDBG Funding Application Page 708 of 1207 Identify Source of Match., mounCil of PBC C i ren s Services, „. 8. Unduplicated Units Served (agency's definition) 30 30 families served 1x ger week for 15-18 weeks which a ual 450-50 units CDBG: (a) Total CDBG Funds Requested 35Op rvry (b) Total Unduplicated Units Served 30 (Explain how determined?) rtam�ilan. served 1x ger we for 13 weeds each club s ai;t nde=lunitm er (c) Average CD Cost Per Unit (a/b) 100 TOTAL PROJECT: (a) Total Project �37Q78^ry nwrvrvry (b) Total Unduplicated Units Served 90 (Explain how determined?) 90 families served 1 xer week for 15-18 weeks (c) Average Cost Per Unit (a/b) mm` 100nn 9. Is this project: A new service; or x A quantifiable increase in the level of an existing service which has been provided by the grantee on its behalf through State or local government funds in the 12 months preceding the submission of the grantee's Consolidate d Plan Annual Action Plan 10. Could this project occur without these funds? x Yes No 11. Will this project continue after our funding ends? x Yes No S. PROPOSED Project Description: In three sentences concisely describe your _ D PROJECT: project. This description will be used in future publications should your application be approved. Limit to three sentences. Circles Palm Beach County is a proven initiative that creates the framework for people to build intentional relationships across economic and class lines with the goal of ending poverty in their community. Circles empowers people in poverty to help solve community problems while transitioning out of poverty themselves. FY 20-21 CDBG Funding Application Page 709 of 1207 C. STRATEGY: Check the ONE STRATEGY that best describes your project and Provide number of units that will be served under this oro-aram. Check One I Specific Objective Public Safety/Crime Prevention Youth Programs Number of Units This Project W411 Serve ME= � Facilities Impacted - (please specify which) 11011JETWILAW"Mu 1-7 Xlu UJIU, speciTical[,Y) W implement the activity: i.e. intake procedures, required documentation, etc. Describe how this activity relates to the overall organizational structure. Be very specific how the CDBG funds are proposed to be used. (Attach additional sheets if necessary) The primM participant is a family working to get out of poverty. The family is the Circle Leader and sets the direction for activities and actions which will reSLJ!I`t-,,QJ,!,IP,',I social support). FY 20-21 CDBG Funding Application Page 710 of 1207 Each cohort begins with training for Circle Leaders as a group, using a variety of curriculu During the first few months of Circle Leader training, participants assess their curr relationships, resources and reason or pur ose for Makin th le Helping eachfamily, set and achigy-e .2,oals unique to E Circle Allies, who are middle to upper income community volunteers. Leaders and Allies me oblem sol monthly to build relationship, review goals that have been set, discuss and pr lem-sol barriers to getting out of overt suchasim rovin-aself-su'll 14 1 0,1 " I ism Id Wom"INJON *111"isawfl M'' 4, 7 Moving forward, weekly Community Meetings gather Circle Leaders, Circle Allies, and other interested community members to provide support and networking opportunities. Big View Meetings are held once T�jer month and feature a far ra in the community and how to address them for the long-term, in the process removing systemic barriers, Circles Palm Beach County is part of the National model CirclesUSA whose Mission is to eliminate the causes of poverty. Pathways to l'J families and transition them from poverty to self-sufficiency through education and social services. The Circles model and P2P's mission align perfectly to change lives and end poverty. How will it Impact your current operation? Circles Palm Beach County has impacted our current operation by '* i lh and Human Services system throughout Palm BgAw, n A v, -,Iz� a rw, 711 t 0'� -t we started here in Boynton Beach with the Circles initiative, Palm Beach County Community Services Division, through their RFP for Federally Assisted Agencies, is strategically using the collective efforts of several agencies throughout the County to adopt Circles as one of the strategies to eliminate poverty by 10% over the next 10 years, Our Overall goal of guiding families to self-sufficiency has been astounding with families purchaft-�� starti-n—gbusinesses, an-cTi—ncreasing assets and savings. FY 20-21 CDB G Funding Application Page 711 of 1207 How does this program relate to the Consolidated Plan Priority? Circles Palm Beach County relates to the priority by providing services to individuals that are low to moderate income and increase their opportunity to transition into self- sufficiency through skill building and education. Does this program serve a targeted neighborhood, who is the targeted population (at least 709 of the City's CDBG funds must directly benefit our low and moderate -income citizens)? Circles targets families living at or below 100% of the federal poverty guidelines. A minimum of 80% of clients enrolled will meet this guideline. Will Program Income be generated from this activity? mo Where will the Program take place? Our program takes place on-site at 970 N. Seacrest Blvd. Boynton Beach, FL 33435 in Census Tract 61. Are you working with other organizations in a cooperative effort on the program? Yes, we work with several organizations and programs including Genesis Community Health, The Lord's Place, Community Partners, Healthy Mothers/Healthy Babies. We also work with the business community, PNC Bank, Capital One, Debt Helpers, Legacy Place, A & Associates, etc. FY 20-21 CDBG Funding Appiication Page 712 of 1207 Goal: Enroll and graduate 30 families from Circles & incre Objective #1 - ase their self-sufficiency Circle leader graduates will Increase Income 50% of CL graduates will maintain and/or show increased income at current job 70% of CL graduates will be employed by end of 2nd quarter of participation Activities: CL demonstrate increased employability skills (knowledge, certificates) CL graduates will set up profile on CareerSource Employ Florida website Page 713 0 1207 E. PROJECT BUDGET Please list applicant's anticipated expenditures, detailing requested funds and applicant's matchingfunds. Please place C=Cash, S=Sweat Equity, O=Other Grants, D=Donations beside each amount under "Applicant's Match" to denote the type of match being used. FY 20-21 CDBG Funding Application Page 714 of 1207 F. APPLICANT I„µ I TION: (Provide a brief description of each) NFORMA Capacity of Organization Pathways to Prosperity, Inc. was established in September 2010. Our agency demonstrates our capacity by strengthening our organizational infrastructure through recruitment of additional Board Members with various areas of expertise to ensure agency stability and growth. We ensure that all of our staff are continuously trained in their respective domain areas. We are an Accredited Nonprofit Agency, receiving the highest level for 10 consecutive years. We are committed to Strategic Planning, Evaluation and securing and sustaining program funding. We have 9 full time employees and 5 -part time employees. We average over 5000 volunteer hours annually. All of our full time staff hold a minimum of a Bachelor's Degree and the Circles professional staff hold either a Bachelor's or Master's Degree. We are confident in our ability to execute all of our programs and serve as an asset in this Boynton Beach community, Mission Statement It is our mission to strengthen communities by improving the social, mental, spiritual, economic and emotional well-being of children and families through education and social services. Prior Experience P2P was selected as the lead agency to implement Circles PBC in 2014. We have successfully graduated over 350 Circle Leaders throughout Palm Beach County. We partner with several agencies within the County to host Poverty Simulations and bring greater awareness to the issues facing many working and non -working families in Palm Beach County, We have an 85% success rate for graduates. 30% of our CL graduates are now volunteering in the Circles program as Allies. Two of our graduates have started non-profit agencies and are providing services in Paim Beach County and many others have started their own for-profit businesses. We are now working as part of the Health and Human Services County -wide Strategic Plan, Securing Our Future Initiative, to decrease poverty by 10% of the next 10 years. This is also the goal of CirclesUSA nationally. FY 20-21 CDBG Funding Application Page 715 of 1207 Annual Budget $ 1,065,531 ,,,,m ........ N (cant.) APPLICANT INFORM � _ATIO� Staffing Agency Director/CEO Program Administrator/Director (1) F/T Circles Coordinator (1) F/T Circles Coach (4) PT Child Watch (4) P/T Ally Recruiter/Outreach (1) P/T Reporting Capabilities (include sample copy of form(s) used to capture client demographics, services provided, etc.) Do financial statements break down income and expenses by programs to follow revenue and disbursements? Is an Audit performed annually? Yes, our monthly and annual financial statements breakdown income and expenses by programs to follow revenue and disbursements. Yes, an audit is performed annually. Copies can be furnished upon request. We capture data utilizing two different data bases the CirclesUSA - Integrated Data System and Palm Beach County - HMIS Health Management Information System Attached are copies of forms we use to capture data. We've also attached a copy of our Self -Sufficiency Matrix utilized to track clients progress toward self- sufficiency. FY 20-21 COBG Funding Application Page 716 of 1207 Governing Body Profile (Does Board membership reflect the community as regards ethnicity, gender and representative of the population served? Is Board Orientation conducted for new members? How often does the Board meet? Include Board Member list) Yes, the Board is representative of the community. Our Bylaws state that we meet at least 6 times per year. All new board members are oriented to board and receive copies of bylaws, budgets, and all other pertinent agency information FY 20-2i cDBG Funding Application Page 717 of 1207 t Is there any member of the applicant's staff, member of the applicant's Board of Directors, or office who currently is or has/have been within one year of the date of this application a City employee, or a member of the City Commission? x - Yes No If yes, please list names: . . . . ........... . .... 2. Is there any member of the applicant's staff, member(s) of the Board of Directors, or officer(s) who are business partners or immediate family of a City employee, or a member of the City Commission? Yes x No If yes, please list names: 3. WIN the funds requested by the applicant be used to pay the salaries of any oft a applicant's staff or award a subcontract to any individual who is or has been within one year of the date of this application a City employee, or a member of the City Commission? - Yes X No If yes, please list names: . . ........ . . ...... FY 20-21 CDBG Funding Application Page 718 of 1207 The applicant certifies -to -the best of his/her knowledge and belief that the data in -this application is true and correct and -that the -filing of the application has been duly authorized by -the governing body of -the applicant (if applicable) and that -the applicant will comply with all -the requirement S of this grant if the application is approved. Name: Iemberjy ush . . ........ Signature:- Title: ---,,.0 E 0 Date: . . . . .... ..... — . . ........4162020. . . ..... Name:— Revia Lee I . ...... -2Z Title: Board President Date: 020 FY 20-21 CDEIG Funding APPlication Page 719 of 1207 rate. S�o P 1 ?011 PhTffnJLYG TO PROSPERITY INC CIO 9MRA IfMR MM g -y25 CURPORNM VW STO 206 WEST PALM REACH, FL U407 MVIayer IdeatificatiDn. rumbers. 27-3590271 PLY. - 17069236363011 contact persm! Rmm W=v NORTON Ira 31272 Contact Telephoom Niwdwr. 8677) 829-5600 Accounting pexiod anding. Sentember 30 "Ila Charity statur.3 170(w 11) CAI (vi) ft --M !)90 Reqhizmd� Yes uffactive Data of Exerapto September LA. 2010 nftak%&-tihili�kY� Yes Addwndom Applius; no We are pleased to infox-M YOU that Upon reView of your applimtlam for tax examyk atatan we �--Qe daterwims:4 thatycu &=a *4"Vt fmin rederal iname tax under mectica 501 CC) j3) of the Inter4al Rewsme CadeCantributiong to YOV are deductiBle Undex zftoticyn 170 09 the Code. You are aso qUalLfied bo receive tax deductible beqUeStodevises, tM0Z&f0rQ Ok Sifta UndeX acetion 2056, ;209 or 2522 Of the Code. Becauat th4ls aetter oc%ild help --esolve &Ay laijaztiomm regar4ing your exaMt atarUz, ycU o4vuld Xe4p It AA your pawmament zecor4t. OrSaftiratians exampt under section SUI(c] 43) of the C*de axe fiWtbev classified an eiEher Public Charities or Private foumdationsWe 4ate =-Imad that you arn' a public charity under the Code &"tiam(a) listed in %he hw&Lng of this letter. p1mase mce enclosed Pula'Xication 4221 -PC, Ciwace 'Guide for 591Sa) (.al Public charities, for rcqne helpful information about your respomsClkilitlew on an exempt. car gmization. Letter 947 (OO/CC) U, Page 720 of 1207 Board Members Revia Lee, President 507 NW 8t' Ave BB 33435 (561) 732-3532 H (561) 716-9917 C IIII �'�l�fllulltll��u�lm �� Maguene D. Cadet, Vice -President 403 Belmont Pi #403 BB 33436 (561) 853-2212 O (561) 596-4434 C M-Agg uj 4 "III )ig,idunnel aw.co m Jovan T. Davis, Director 5061 Starblaze Dr. Greenacres, 33463 (561) 877-9217 .at,rstiohncmc�rrr Octavia Bell, Treasurer P.O. Box 914 BB 33425 (561) 371-5696 Ruby Allen, Director 241 NE 13t'' Ave BB 33435 (561) 201-8478 11 11 9 ur u� µ IUI G u�l.u,u mit Dr. Barbara Shuler, Director 12881 Cocoa Pine Drive Boynton Beach 33436 (561) 882-4255 O (786) 229-8356 C DeAnna Warren, Director 2623 Seacrest Blvd. #65 BB, 33435 (561) 735-6553 O (561) 249-9993 Audrey Davis, Secretary New York Community Bank 917 NW 370 Ave Delray 33445 (561) 312-1047 C Marilane Chaney, Director 4312 Pomelo Blvd. BB 33436 (561) 737-6744 !METWISII corn Page 721 of 1207 PATHWAYS TO PROSPERITY, INC. INDEPENDENT AUDITOR'S REPORT AND FINANCIAL STATEMENTS FOR THE YEARS ENDED SEPTEMBER 31, 2018 AND 2017 i��Nmmmm Ww "rvrvMMh MlmlMiml�ffi�fi�Vw � � i MARK ESCOFFERY P.A. CERTIFIED PUBLIC ACCOUNTANT Page 722 of 1207 PATHWAYS TO PROSPERITY, INC, TABLE OF CONTENTS INDEPENDENT AUDITOR'S REPORT PAGE 1_2 STATEMENTS OF FINANCIAL POSITION 3 STATEMENTS OF ACTIVITIES 4 STATEMENTS OF FUNCTIONAL EXPENSES r STATEMENTS OF CASH FLOWS 6 NOTES TO FINANCIAL STATEMENTS 7-11 REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 12-13 MANAGEMENT LETTER 14 Page 723 of 1207 ®r Public A ccounfant 8645 N. Military Trail SdteS03 Palm Beach Gardens, FL 33410 Tel (W1) ®1 INDEPENDENT Aumows REPoRT Fax (561) 627-3844 To the Board of Directors Pathways to Prosperity, Inc. Boynton Beach, Florida IT T 1 77 whether due to fraud or error. Uvi stafernem:51,351 are tree Unin m8tarial Misstatements, Auditor's Responsibilft 3711 1111,2 mpill 111;111111 -" I' JUNE I my audit opinion, &=I,, I 11-1211-211iii!1- Ill IIIIIIIIIIIIIIII 1111111111p�111 Page 724 of 1207 Palm Beach Gardens Florida Manch 27, 2019 Page 725 of 1207 PATHWAYS TO PROSPERITY, INC. STATEMENTS OF FINANCIAL POSITION SEPTEMBER 30, 2018 AND 2017 ASSETS See Accompanying Notes to Financial Statements 3 Page 726 of 1207 2018 2017— Cash $ 145,265 $ 138,545 Grants Receivable 85,075 119,329 Prepayments 2,402 4,775 Deposits 6,000 6,000 Property and Equipment, Net bb0 186 Total Assets239402 . . . . .................... $ 268,835 LIABILITIES AND NET ASSETS Liabilities: Accounts Payable and Accrued S 22,263 S 17,688 Expenses Total Liabilities 22,263 — 17,688 Net Assets: Temporarily Restricted 230,965 250,848 Unrestricted (13,826) 299 Total Net Assets ........................ . . . . . .... . ..... 217,139 251,147 w--,- Total Liabilities and Net Assets S 239,402 S 268,835 . . ................ - See Accompanying Notes to Financial Statements 3 Page 726 of 1207 PATHWAYS TO : IR SIS RIG ° , INC, STATEMENT OFFUNCTIONALEXPENSES FOR THE YEARS .ENDED SEPTEMBER 30, 2019 and 2017 Tempoirlarily 2017 Unrestricted Restricted Total Total REVE NUE AND OTHER SUPPORT Gov ental Grants 5614,465 $614,465 S796.,895 Private Grants 18,000 230,845 248,845 167„374 Other Revenue 19,049 19,049 19,969 Fundraising 7 519 �6 7',519 299 2.50,848 Support Total Revenue and Other Su �� 033 730.1845 �7S 899 8 79 -� , _ �984,238 Released from Restrictions EXPENSES Program Services Supporting Services Fundraising Irncreme/(Decrre se) in Net .Asset~s Net Assets, Begirming of year Net Assets, Enol of Year 250,728 (250328) 873,916 873,91.6 805,459 46,134 46,134 25,93.3 3,8-36 3 ,30 923,11886 a �...� _ 11 923 ,�� ..... X31292 �....,, .�� .� (14,125) (19,883) (34,008) 152,946 299 2.50,848 751,147 98,201 $13,826.. 2rcC1,5217,1 .. See Accompanying Notes to Financial Statements 4 Page 727 of 1207 in 00 t- O 00 Vt 41 — AO M n M m m N aMO o�0 6�i N n n T n Ci m� tN- M N M l� M M N M �--� M DD [� .r �p 5h M M N O Q 69 F N fos 1 O\ et ct O M 00 N M n 01% �n C� 00 O h O O C O- ti's 0�0 m m Ot N [- Vy (� CC •--r oo M M vMy pp H O OO CR 00 qr M rry N V] 4n C4M .-ren eq G1 N O� O et It O a0 O 0 F oho rte- Ln to � o n M O N l- OK O c n N r- M Occ N 6H N r o vii `n eti w Urrs m h O nr oo N rn M 59 U Tr .� 6R' >y L, FM � N a G n w 4 M M � O ON N O� O et It O a0 O 0 F oho rte- Ln to � o n M O N l- OK O c n N r- M Occ N 6H N r o vii `n eti w Urrs m h O nr oo N rn M 59 Tr 6R' M � O ON 69 '' tn 00 N n b O N 3 00 00 v]%0 m W) 10, ,y O V Nr^ O N N .- 'T 0%r+j - N O� O et It O a0 O 0 F oho rte- Ln to � o n M O N l- OK O c n N r- M Occ N 6H N r o vii `n eti w Urrs m h O nr oo N rn M 59 N V G +� y +' •O � rn y OG m f� , WR v3 a O w r C7 (047W (j O v� H U U cr. Ca G Page 728 of 1207 Tr O ON M Cf) b O N M 10, ti ON V Nr^ O N .- 0 i CA z 01 00 N 0 ^' N 4 N 00 N _��.. O Q d ON kn o n '~ cn �O r- b 'ct m I m d lz N M .--i f C'4 Cos v h 4 ,--� ••• .. 4D M N O m n CK CA N V G +� y +' •O � rn y OG m f� , WR v3 a O w r C7 (047W (j O v� H U U cr. Ca G Page 728 of 1207 PATHWAYS TO PROSPERITY, INC. STATEMENTS OF CASH FLOWS SEPTEMBER 30, 2018 AND 2017 CASH FLOWS FROM OPERATING ACTIVITIES Change in Net Assets Adjustment to Reconcile Change in Net Assets to Net Cash (Used In) Operating Activities. Depreciation Changes in Operating Assets and Liabilities: Accounts Receivable Prepaid Expenses Accounts Payable and Accrued Expenses Grant Advances Net Cash (Used In) Operating Activities CASH FLOWS FROM FINANCING ACTIVITES Purchase of Equipment Net Increase/( Decrease) In Cash Cash Beginning of Year Cash End of Year 2018 $ (34,008) 321 34,254 2,373 4,575 ..........7,515 795} 6,720 138,545 S 145,265 See Accompanying Notes to Financial Statements 6 2017 $ 152,946 727 (69,879) (36) 502 X155 150) (70,890)..... (70,890) 209,435 $ 138,545 Page 729 of 1207 PATHWAYS TO PROSPERITY, INC. NOTES TO FINANCLkL STATEMENTS SEPTEMBER 30,2018 AND 2017 NOTE 1– SIGNIFICANT ACCOUNTING POLICIES Nature of Activitie% Pathways to Prosperity, Inc. ("the Organization") is a nonprofit community based organization whose mission is to improve the social, spiritual, economic and emotional well being of children and families through education and social services. The Organization is located in Boynton Beach, Florida. The primary program of the Organization is The Bridges, which is corms fitted to connecting families to community resources so more children are born healthy, remain free from abuse and neglect and are ready for kindergarten and other appropriate grade levels. The Organization also has other programs, which focus onsocial services and education as follows: Circles Palm Beach County focuses on ways to efiminate poverty by helping families through education and community partnerships. Healthy Boynton Beach (I B) assist families with assessment and linkage to healthcare providers, health insurance and of social services. A-a—siEgfAc—countin The financial statements of the Organization have been prepared on the accrual basis of accounting and accordingly reflect all significant receivables, payables and other liabilities. Basis of Presentation The Organization reports information regarding its financial position and activities according tethree classes of net assets. Unrestricted, Temporarily Restricted, and Permanently Restricted. The Organization is exempt for federal income tax purposes under Section 50 1(c 3) of the Internal Revenue Code. The Organization's Form 990, Return of Organization Exempt from Income Tax, for the years ended 2016, 2017 and 2018 are subject to examination by the Internal Revenue service (IRS), generally for three years after they are filed, !Qontr!h1!tions All contributions are considered to be available for unrestricted use unless specifically restricted by the donor. Amounts designated for future periods or restricted by the donor for specific purposes are reported as temporarily or permanently restricted, 7 Page 730 of 1207 NOTE 1 - SIGNIFICANT ACCOUNTING POLICIES (Contd.; Can & Ad Support that is restricted by the donor is reported as an increase in unrestricted net assets if the restriction expires in the reporting period in which the Support is recognized. All other donor restricted su port is r 111101 e Statem 'YX -V*-t"Jffi AM LVU HI e e Or A as net assets released from restriction fi r-0, —nt S Revenues from reimbursable grants are recorded when the related costs arc incurred. All other grants, unless restricted are recorded as revenue when the grant is received. The Organization is dependent on continued financial assistance from grants. [est The preparation of financial statements in conformity with generally accepted accounting principles include the use of estimates that affect the financial statements. Accordingly, actual results could differ from those estimates. Fu—nctio 9MIgen"e In the accompanying Statements of Activities, expenses have been reported by their functional classification, a method of grouping expenses according to the purpose for which they were incurred. The primary functional classifications are Program Services and Supporting Activities. Program Services are the activities that result in services being provided to members that fulfill the purposes or mission for which the Organization exists. Supporting Activities are all activities other than program services and are included in the financial statements as Management and General Expenses. Contributed Services 1-1-111111".... ........... --." . ............ . The Organization does not recognize any support, revenue or expense from services contributed by volunteers, because they do not meet the criterion for measurement, Accounts !jeceivable Accounts receivable are primarily due from grantors and are carried at the amount of the commitment expected to be recovered. Receivables are written off when deemed uncollectible. Recoveries of receivables previously written off are recorded when received. Management does not believe an allowance for bad debts is necessary and none is provided, 93 Page 731 of 1207 PATHWAYS TO PROSPERITY, INC. NOTES TO FINANCIAL STATEMENTS (Continued) SEPTEMBER 30, 2018 AND 2017 NOTE I — SIGNIFICANT ACCOUNTING POLICIES (Cont'd.) Property and Equi ment The Organization capitalizes assets with a cost of $500. Repairs and maintenance costs that do not add to the asset value or materially extend the useful lives of the assets are not capitalized. Property and equipment are stated at cost less accumulated depreciation. Depreciation is being provided by use of the straight-line method over the estimated useful lives of the related assets as follows: Assets Method Life Furniture & Fixtures SL 5 Years Equipment SL 5 Years NOTE 2 —ACCOUNTS RECEIVABLE At September 30, 2018 and 2017, Accounts Receivable had a balance of $85,075 and $119,329 due from Children Services Council of Palm Beach County. NOTE 3 — PROPERTY AND EQUIPMENT At September 30, 2018 and 2017 property and equipment consisted of the following: 2018 2017 Equipment $ 11,228 $ 11,075 Furniture & Fixtures 6,0086,008 ,23 __,w _�,j... 17 6 17,08 Less: Accumulated Depreciation 16,,56 16,897 Total Property & Equipment $ 6 0 $ 186 Depreciation expense for the year ended September 30, 2018 and 2017 was $321 and $727 respectively. 9 Page 732 of 1207 PATHWAYS TO PROSPERITY, INC. NOTES TO FINANCIAL STATEMENTS (Continued) SEPTEMBER 30, 2018 AND 2017 NOTE 4 — OPERATING LEASES The Organization leases office space under a non -cancelable operating lease that expires in September 2019. The rent expense of approximately $74,000 for the year ended September 30, 2018, is included in Occupancy in the Statement of Functional Expenses. Future minimum lease payments, assuming the Organization will renew the lease annually, are as follows: Year Amount 2019 $ 84,000 2020 84,000 2021 84,000 2022 84,000 2023 84,000_ $ 420,000 NOTE 5 — REVENUE CONCENTRATION The Organization receives the majority of its funding from quasi governmental sources and is, therefore, dependent upon the availability of grants and awards for its continued existence. The Organization currently receives approximately 44% and 39% of its funding from the Children's Services Council of Palm Beach County (CSC) for the years ended September 30, 2018 and 2017. NOTE 6 — FAIR VALUE MEASUREMENT The Fair Value Measurement Topic of the FASB Accounting Standards Codification defines fair value, establishes a consistent framework for measuring fair value and expands disclosure requirements for fair value measurements. The Organization measures the fair value of assets and liabilities as the price that would be received to sell an asset or paid to transfer a liability in the principal or most advantageous market in an orderly transaction between market participants at the measurement date. The fair value hierarchy distinguishes between independent observable inputs and unobservable inputs used to measure fair value as follows: Level 1: Quoted prices (unadjusted) in active markets for identical assets or liabilities that the reporting entity has the ability to access at the measurement date. Level 2: Inputs other than quoted market prices included within Level 1 that are observable for an asset or liability, either directly or indirectly. Level 3: Unobservable inputs for an asset or liability. Level 3 inputs should be used to measure fair value to the extent that observable Level 1 or 2 inputs are not available. 10 Page 733 of 1207 PATHWAY TO PROSPERITY, INC. NOTES TO FINANCIAL STATEMENTS (Continued) SEPTEMBER 30, 2018 AND 2017 NOTE 6 — FAIR VALUE MEASUREMENT (Cont'd.) Generally accepted accounting principles require disclosure of an estimate of fair value of certain financial instruments. The organization's significant financial instruments are cash, accounts receivable, and accounts payable. For these financial instruments, carrying values approximate fair value because of the short maturity of these instruments. NOTE 7 — TEMPORARILY RESTRICTED NET ASSETS Temporarily restricted net assets are grants received that have a time restriction which; had not expired by September 30, 2018. Temporarily restricted net were composed of the following at September 30, 2018: Pahn Health Care Foundation $ 215,965 United Way of Palm Beach County 15,000 $...23Q,965 NOTE 8 —CONTINGENCIES The Organization receives financial assistance from agencies in the form of grants. The disbursement of funds received under those programs generally requires compliance with the terms and conditions specified in the grant agreement and is subject to audit by the grantor agencies. Any disallowed claims resulting from audits could become a liability of the Organization. NOTE 9 — SUBSEQUENT EVENTS Management has evaluated events that occurred subsequent to the year end for potential recognition or disclosure in the financial statements, through the date on which the financial statements were available to be issued. The date when the financial statements were available to be issued was March 27, 2019. 11 Page 734 of 1207 Mark Escoffery RA, To the Board of Dimtors Pathways to Prosperity, Inc. Boynton Beach, Florida I have audited the finaneial statements of pathwELYS to PrcsPerily� Inc-, ("the OrgAnization'D(a 110nPr0fit organization) as of and for the year ended September 30, 2019, and have, issued my report t1mcon dated March 27, 2019. 1 conducted tn. generally accepted in the United States of America and the standards applicable to financial audits contained in Government Agd1ling Standar&j'sSued by the Comptroller Genere, Of the United States. MEMBER; AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS AND FLORIDA INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS Page 735 of 1207 To the Board of Directors Pathways to Prosperity, Inc. Boynton Beach, Florida Page 2 audit, and accordingly, I do not express sue an opinion olmy This report is intended solely for the information and use of the Board of Directors, Managernent, Children's Services Council of Palm Beach County and is not intended to be and should not be used by anyone other than these specified parties, Palm Beach Gardens Florida March 27, 2419 13 4 Page 736 of 1207 Mark Escoffery ,v RAW 8645 N. Military Trail ar Sulte 503 PaIMB, , '11, " , -, Cerffled Public Accountant MANAGEMENT LFTTi&R have audited the Imancial st&ments of the Qmjj,�on as Tel (581) 627-1404 x! 627-3844 In Plannin<ad pelformWem, audit of the financial statcm�w;WtA*r g-ftgf: ®.»,e\.t2 ended September 30, 201 8, 1 considered its internal control stractm to determine my anditiag procedures for the purpose of expressing an opinion on the fmancial statements End not to provide assurance on the internal control struoture, K,fiw!�, ugw Palm Beach Gardens Florida March 27, 2019 14 Lote,� , O. A, MEMBER: AMERICAN iNsnTUTE OF CERTIFIED PUBLIC ACCOUNTANTS AND FLORIDA INSTITUTE OF CERTIFIED PUBUC ACCOUNTANTS Page 737 0 1207 April 10, 2020 Kemberly Bush Pathways to Prosperity, Inc. Circles - 67.2 970 N. Seacrest Blvd. Boynton Beach, FL 33435 Dear Ms. Bush: 2300 High Ridge Road Boynton Beach, FL 33426 Tel: S61.740.7000 Fax: 551.835.1956 Children's Services Council of Palm Beach County (CSC) thanks you for your agency's work in helping Palm Beach County's children grow up healthy, safe and strong. CSC has developed the 2020— 2021 allocation amounts incorporating the following principles: 1) The program's allocation for October 1, 2020 —September 30, 2021 is based on historical information regarding spending patterns. 2) The allocation includes up to a maximum of a 396 increase in CSC funded salaries, the corresponding payroll taxes and up to a maximum of a 10% increase in health insurance. These additional dollars are intended to fund the specific cost drivers only: salaries, payroll taxes and health insurance. The allocation is also inclusive of any discussions during the allocation development process. 3) The CSC mileage reimbursement rate reflects the IRS mileage rate for 2020 currently set at 0.575 per mile. 4) Indirect/Administrative Costs cannot exceed 15% of all other expenses for the Program. CSC has been notified that Nonprofits First (NPF) will be increasing its cost of Accreditation effective calendar year 2021. Please reach out to NPF to request specific information about how this increase affects your organization and be sure to reflect the new cost in your organization's FY 2020-2021 program budget, where applicable. Your proposed October 1, 2020 — September 30, 2021 program allocation from Children's Services Council of Palm Beach County is $122,476. Please note this allocation is contingent on approval by the Council. Page 738 of 1207 Budgets are to be submitted into SAIMIS (if applicable for your agency) and received by the Budget Specialist no later than May 9, 20ZO. If you find a need for a virtual meeting or a phone call to discuss the allocation or your program/budget, please feel free to contact your Budget Specialist or Program Officer. 111�11 1111111111111111111 1111l11111111111 1111111 q111 U6,11113 W,-'t011:1Jj N14d I;Wfi 'I Kit 41, , 11 AP"i 011:1 Here are some tips for entering your budget in SAMIS, if applicable to your agency: • The maximum indirect cost percentage to be reimbursed by csc is is%. Please make sure to separate all direct costs from indirect costs. The indirect costs should be transferred to the indirect cost worksheet, • Necessary budget forms, such as the Budget Summary, Disclosure of Other Agency Funders', Form C, and the Indirect Cost Worksheet are due at the same time as the budget. Please ensure the SAMIS budget and all forms balance with one another. .—MURF1, a Dove can be to und at the SAMIS Fiscal Reference Files link via the SAMIS information icon at ��h rq� il'10��J�r :I S/ ub .......... l The fisca guidelines are also there to reference. Please change the fiscal years on the forms, as necessary. If you have any general questions regardme-the-conI R1 2021 budget. Debra Heim VJIi91'WJA Page 739 of 1207 DocuSign Envelope ID. 549138A9-0931-45F5-8E9D.00CCA4136324 Community services Depnfanent 814 Datura street West Palm Beach, FL 33401 (561) 355-4700 Fax: (561) 242.7336 www.pbcgovcomlcom uniWaervices Palm Beach ComMy SERIilCES ralm Beach County Dowd of county Commissioners Muck Bernard. Mayor Dave Kerner, Vice Mayor Hal R. Valeche Gregg K. Weiss Robert S. Weinroth Mary Lou Berger Melissa McKinlay County Admwstratior Verdenia C. Baker `An DPW Onorrwti(y Aff marive Actim Employe" Official Electronic letterhead July 26, 2019 Dear Provider: Attached is your three (3) year contract for the Financially Assisted Agencies (IAA) Program. These contracts are being sent through DocuSign. nease make sure the agreement Is signed and MWrned to viae before Aniruat 2. 2019. Please fallow these instructions: 1. The individual signing the agreement on behalf of an Agency must be listed under the" Officer/Director Detail" on www.sunbizorg. The Contracts Department will not allow the contracts to move forward if the signature is of an individual listed as a "REGISTERED AGENT" only. Attached is a sample Sunbiz Detail Form with the individuals listed as an "Officer/Director Detail". a. If the individual signing the agreement is not listed in sunbiz.org, a letter. or email must be attached from the Agency on company letterhead authorizing this individual to approve the agreement. The letter/email confinnning signing authority must be signed by someone who is listed under the "Officer/Director section. 2. Please note that your Insurance Certificate should include the following if applicable: ➢ If your General Liability is on a "claims made basis", the retroactive date must be included on the certificate. D If you are required to have Professional Liability, this must be included on the Certificate with the policy number and must indicate if it is a "claims made" or "occurrence" basis also. if on a "claims made basis" a retroactive date is needed. ➢ If your Agency maintains automobile insurance and it only covers both hired autos and non -owned autos, the County requires a letter on Agency letterhead signed by an office or director stating that the Agency does not have any company owned, nor company leased autos. ➢ Palm Beach County Board of County Commissioners must be named as an additional insured. This language is usually written in the `Description of Operations" box. ➢ If scheduled autos is selected, the agency must submit a list of all covered automobiles on their letterhead. A revised Programs Budget (Project Expenses) reflecting the fiscal year agreement amount and a total Agency Budget are due to Thomas Eaton at TEaton@pbcgov,org by September 30, 2019. Ifyou have any questions, please email me at ahernand@pbcgov.org. Sin n y, w Alrlalia Hernandez, itracts Manager Page 740 of 1207 DocuSign Envelope ID: 54913W-D931-45F5-8E9D-OCCCA4135324 CONTRACT FOR PROVISION OF FINANCIAL ASSISTANCE This Contract is made as of the day of 20_, by and between Palm on Beach County, a Political Subdivision of the State of Florida, by and through its Board of Comissioners, hereinafter referred to as the COUNTY, and Inc..he hereinafter referred to as the AGENCY, a not-for-profit opo ation authorized to t , do business In the State of Florida, whose Federal Tax I.D. is 27-3550271. WHEREAS the AGENCY has proposed providing certain services under the ServicAre of Economic I bilis 1 Securing Our Future Initiative and - _..�..... - � ,.�....,,,,��4 �... nd, WHEREAS the AGENCY has agreed to assure access to funded services for COUNTY departments, divisions and/or programs; and to assure that individuals referred from COUNTY departments, divisions and/or programs will receive services on a timely basis. NOW THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and the AGENCY agree as follows: ARTICLE 1 - SERVICES The AGENCY agrees to provide services to residents of Palm Beach County as set forth in the Scope of Work and Service Units in Exhibit A. The AGENCY also agrees to provide deliverables, including reports, as specified in Article 2. No changes in the scope of work or services are to be conducted without the written approval of the Palm Beach County Community Services Department (the DEPARTMENT). The Agency receiving funds must be an agency within Palm Beach County and the AGENCY'S services, with these contracted funds, are limited to meeting the needs of Palm Beach County residents. No part of the funding is intended to benefit any specific individual or recipient. All funding is intended for the overall benefit of all recipients of the services provided by the programs being funded herein. ARTICLE 2 — SCHEDULE The term of this Agreement shall be for one (1) year, starting October 1, 2019 and will automatically renew for two (2) one (1) year terms, unless either party notifies the other prior to the expiration of the initial term or any extended term of its intent not to renew in accordance with the time parameters stated herein. Reports and other items shall be delivered or completed in accordance with the detailed schedule set forth in Article 13. The parties shall amend this agreement if there is a change to the scope of work, funding, and/or federal, state, and local laws or policies affecting this agreement. 1 Page 741 of 1207 114 Page 742 of 1207 x charges,the Board of County Commissioners of Palm Beach County, ARTICLE 5 - TRUTH-IN-NEGOTIATION CERTIFICATE Signature of this Contract by the AGENCY shall also act as the execution of a truth-in- negotiation certificate certifying that the wage rates, over-head used to determine p AGENCY'Sand curren as e ate of the Contract and no higher than those charged the shallThe said rates and costs COUNTY determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wa e rates or due to inaccurate re,,,,,3 r, x M Page 743 of 1207 DocuSign Envelope ID: 54913&A9-D931-45F5.8E9D-OCCCA4136324 Rt three quarters of the service period the AGENCY shall have provided at a minimum seventy five percent (75%) of their anticipated services, If the minimum has not been a 8 rvir reached one hundred percent (100%) of the unspent funds allocated for th t e e period may be reduced, i GOOZ Ar"I 1,17' -rg-i-m-g[TTUI u o U M., s contraoted programs of up to 10% may be approved by the Director of Community Services or Designee. Any increase or decrease of funding over 10% must be approved by the Board of County Commissioners. — M11 "p orkees Com2gn Insurance & Emp,19ye a17 I!Akft AGENCY sh maintain Worker's Compe;sa—tic�n—g"ffi;�p—i6"y—er-"s Liability in accordance with Florida Statute Chapter 440, AGENCY shall provide this coverage on a primary basis. Page 744 of 1207 Additional "Mishall endorse the COUNTY as an Additional with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability, The Additional Insured endorsement shall readJ [iBe ch i sio,moiSubdivision ' j Office the Additional Insured endorsements coverage on a primary basis. .(k_qfjnsurance Prior to execution of this Contract AGENCY shal7,, insuranceof Insurance evidencing that all types and amounts of coverages required by this Contract have been obtained ynd are in full force , effect. Such Certifi ,a day endeavor due to cancellation or non -renewal of coverage. The certificate of insurance shall be issued to Palm Beach County Community Services Department Community Services Department 810 Datura West Palm Beach, FL 33401 5 Page 745 of 1207 AGENCY. Mills uontract or aue to ne acts or omissions of ................. Page 746 of 1207 DocuSign Envelope ID: 54913SA9-D931-45F&SE9D-OCCCA4136324 The AGENCY further represents that it has, or will secure at its own expenses, all necessary personnel required to perform the services under this Contract, and that they shall be fully qualified and, if required, authorized, permitted and/or licensed under State and local law to perform such services. Such personnel shall not be employees of or have any contractual relationship with the COUNTY. The AGENCY represents and warrants that it is governed by a Board, or other appropriate body, whose members have no monetary conflict of interest. Further, the members must also serve the AGENCY without compensation, and the composition of the governing body must reasonably reflect Palm Beach County and/or client demographics. The AGENCY shall comply with all legal criminal history record check regulations required for the population they serve. AGENCY will have and comply with policy that requires them to conduct a Level 1 or Level 2 Criminal Background Check as appropriate on applicants and volunteers being considered for positions that will provide services or will be around children, the elderly and other vulnerable adult populations, prior to start date. AGENCY may hire employees prior to obtaining the Level 2 background check results, the employees are only permitted to attend training and orientation during this period while they are waiting for their background check results. They are not allowed to have any contact- with the clients during this period. Live Scan Screening proof must be provided that shows the scan was completed prior to an employee's start date. All criminal background checks shall be done at the expense of the agency. ARTICLE 11 - EGUf_ATIONS• LICENSING R6 ,UIRE MENTS The AGENCY shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, to include those applicable to conflict of interest and collusion. AGENCY is presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that may in any way affect the services offered. ARTICLE 12 - NONDISCRI, INATION The COUNTY is committed to assuring equal opportunity in the award of contracts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R2017-1770, as may be amended, the AGENCY warrants and represents that throughout the term of the Contract, including any renewals thereof, if applicable, all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity or expression, or genetic information. Failure to meet this requirement shall be considered default of the Contract. As a condition of entering into this Contract, the AGENCY represents and warrants that it will comply with the COUNTY'S Commercial Nondiscrimination Policy as described in Resolution 2017-1770, as amended. As part of such compliance, the AGENCY shall not discriminate on the basis of race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, gender identity or expression, disability, or genetic information in the solicitation, selection, hiring or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall the AGENCY 7 Page 747 of 1207 cu n Envelope ICS 91-D93im45F 136324 77'reci-C-7-le—Ments, Inclucong but not limited to, the following - 4 11 Page 748 of 1207 DocuSIgn Envelope ID: 549136A9-0931-45F5-BE9D-OCCCA4136324 B. AGENCY shall be chartered or registered with the Florida Department of State, have been incorporated for at least one agency fiscal year and have provided services for at least six months. County assistance shall not exceed 25% of the agency's total operating budget, unless otherwise approved by the Board of County Commissioners. If approved for funding, a formal agreement shall be executed, and payment will be made by reimbursement of documented expenses. The Agency must provide a report at the end of the fiscal year showing that it is within the 25% of the FAA Administrative code. C. AGENCY shall promptly reimburse the COUNTY for any funds which are misused, misspent or unspent are for any reason deemed to have been spent on ineligible expenses. D. AGENCY shall maintain records in accordance with the Public Records Law, Chapter 119, Florida Statutes. E. AGENCY shall ensure that no private or confidential data collected, maintained or used during the course of the contract period shall be disseminated except as authorized by statute during the contract period or thereafter. F. AGENCY shall allow COUNTY through the DEPARTMENT to both fiscally and programmatically monitor to assure that its fiscal and programmatic goals and conduct as outlined in the Scope of Work, Exhibit A and Units of Service Rate and Definition, Exhibit B are adhered to. All contracted programs/services will be monitored at least yearly and possibly twice -yearly. The DEPARTMENT staff will utilize and review other Funder's licensing or accreditation monitoring results. A copy of all grant audits and monitoring reports by other funding entities are required to be provided to the County. Services will be monitored against administrative and programmatic standards designed to measure program efficiency and effectiveness. The AGENCY shall maintain business and accounting records detailing the performance of the contract. Authorized representatives or agents of the COUNTY and/or the DEPARTMENT shall have access to records upon reasonable notice for purposes of review, analysis, inspection and audit. G. AGENCY shall be monitored by the information within the contract, Exhibit A, Exhibit B, and current FAA monitoring tool. H. AGENCIES with findings during the monitoring phase shall complete a Grant Compliance Agreement within 30 days outlining how and when findings will be resolved. I. AGENCY shall provide the DEPARTMENT with client level data as stated in the FAA Program Data Reporting Instructions. Outcomes are to be entered for each program as clients are served into the designated reporting system. Data submitted shall clearly document all client admissions and discharges which occurred under this Contract and documents all program participants, programs and strategies which occurred under this Contract, if applicable. Data entered in the designated website reporting system shall be consistent with the data maintained in the AGENCY'S client files. Data that is entered incorrectly must be corrected within the timeframe designated by the DEPARTMENT upon discovery of error or notification of error, whichever occurs first. Failure to provide this information in a timely fashion and in the format required will be grounds for financial reimbursements to be held by the COUNTY until such information is submitted. Agency shall enter client outcomes into the designated data reporting 9 Page 749 of 1207 k m Page 750 of 1207 m Page 751 of 1207 DocuSign Envelope ID: 549138A9-D931-45F5-8E=9D-OCCCA4136324 6. Other incidents that may occur unexpectedly and is not covered above. R. AGENCY shall provide Key Personnel appropriate training according to their staff qualifications, including but not limited to: 1. Racial Equity Training, 2. ACEs (Adverse Childhood Experiences) training, 3. Trauma informed care training, 4. Cultural competency training. v. Behavioral Health Agencies Only - AGENCY shall ensure that staff receive wraparound training. S: AGENCY shall provide a roster of Board of Directors, with titles, addresses, phone numbers and a copy of the Board By -Laws. T. AGENCY shall provide a copy of their revised budget if there are programmatic changes. This needs to be reviewed, discussed and approved by Community Services Department Program and Fiscal Staff. U. AGENCY shall submit annually on a periodic basis to 211 Palm Beach/Treasure Coast, Inc. information regarding available services and related information about Impact Partner and the funded program(s), as requested by 211 Palm Beachfrreasure Coast, Inc. V, Agency Engagement Community Services Department (CSD) and Palm Beach County (County) relies on all Agencies to help ensure that our community recognizes the importance of the work we do together. Palm Beach County residents should know about the speck work covered in this Agreement, and also know about CSD: who it is, its role in funding, how it works, and what they — the taxpayers — are funding. The names and logos of the Agency or program funded under this Agreement and CSD and County are to be displayed in all communications, education and outreach materials. CSD is to be identified as the funder, or one of the funders if there are more than one. The two (2) logos approved are below: IMMUNITY SERVICES Specific Activities — Mandatory: • When Agency describes CSD in written material (including new releases), use the language provided below and available on the Agency's website 4Ik�'IIL..L`UIIII�y,�IP�.f"II 4cf�'"» ' /ferlllllltirllnr?K To promote independence and enhance the quality of life in Palm Beach County by providing effective and essential services to residents in need. 12 Page 752 of 1207 DocuSign Envelope ID. 54913SA9-D931-45F54E9D-DCCCA4136324 Display CSD and County !opo according to the guidelines at 0 5,E, a ,� I �� Il ti�xns L a on any __ ., , ..2_, _rv.. printed promotional material paid for using CSD and County funds including stationery, brochures, flyers, posters, etc., describing or referring to a program or service funded by the CSD and County. Specific Activities — Recommended: • Identify the CSD and County as a funder in media interviews when possible. • Notify the CSD staff of any news release or media interview relating to this Agreement or the program funded under this Agreement so the coverage can be promoted using appropriate media channels. • Place signage/LOGO in Agency's main office/lobby and all additional work/service sites visible to the public, identifying CSD and County as a funder. • Display CSD and County logo according to this posted guideline fldor.Agency's owebs te�owifh��a hyperlink to CS �,��hl�t��.�� on D and County website Display the CSD logo on signs and Mun �si�rv..�,�eot ail u • banners at events open to the public (excluding fund-raising events) promoting funded programs that Agency sponsors or participates in. X. The logic model attached at Exhibit "D" is incorporated into this agreement, and may be amended during the term of this agreement. AGENCY agrees to comply with the logic model as amended. Failure to provide this information in a timely fashion and in the format required will constitute a material breach of this Contract and may result in termination of this Contract. ARTICLE 15 — AGENCYw CERTIFICATIONINONPROFITS FIRST It is the policy of the COUNTY that all agencies receiving funding through the Financially Assisted Agencies Program must participate in the Agency Certification process developed by Nonprofits First (CENTER). Agencies must achieve an Excellence in Nonprofit Management or Sound Nonprofit Management certification. Core Infrastructure will not be accepted. All new FAA funded agencies will complete certification within eighteen (18) months of their initial County contract and make significant progress towards achievement of certification standards within the first six (6) months. To comply with this policy, AGENCY will provide written documentation of completion of the agency -wide self-assessment from the CENTER, by April 15th of each year. AGENCY will work in collaboration with the CENTER using the certification assessment tool provided by the CENTER and approved by the DEPARTMENT. AGENCY understands that self-assessment is an initial step towards agency certification. All currently certified agencies will be required to maintain their certification status throughout their contract period. Nonprofit First Certification will be optional for Agencies that request and are approved 13 Page 753 of 1207 Docuftn Envelope ID: 54913W-D931-45f5-SE9D-OCCCA4136324 through the FAA Nonprofits First Exemption Process. This request must be received by the FAA Grant Compliance Specialist by December 31st of each year. Agencies not requesting an exemption must go through the Nonprofit First Certification stated above. The FAA Nonprofit First exemption requires documentation of certification from another funding or oversight body recognized by their industry, or if there Agency has received two (2) consecutive monitoring reports from FAA with no findings. This exemption is valid for one year and must be requested on a yearly basis. if the Agency is funded by another funder, they may require the Nonprofit First Certification. The FAA Nonprofit First exemption only exempts the Agency from FAA program requirements. ARTICLE 16 — ACCESS AND AUDIT REQIJIREMENTS The AGENCY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Contract. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the AGENCY'S place of business. AGENCY shall establish policies and procedures and provide a statement, stating that the accounting system or systems established by the AGENCY, has appropriate internal controls, checking the accuracy and reliability of accounting data, and promoting operating efficiency. The AGENCY will provide a final close out report and Financial Reconciliation Statement as set forth in "Exhibit C" on accounting for all funds expended hereunder no later than 30 days from the contract end date. Palm Beach County has established the Office of the Inspector General in Palm Beach County Code 2-421 through 2-440, as may be amended, which is authorized and empowered to review past, present and proposed County contracts, transactions, accounts and records. The Inspector General has the power to subpoena witnesses, administer oaths and require the production of records, and audit, investigate, monitor, and inspect the activities of the AGENCY, its officers, agents, employees, and lobbyists in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interference or impeding any investigation shall be in violation of Palm Beach County Code 2-421 through 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. The AGENCY shall have all audits completed by an Independent Certified Public Accountant (IPA) who shall either be a Certified Public Accountant or a Public Accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable accounting principles. A. The annual financial audit report shall include all management letters and the AGENCY's response to all findings, including corrective actions to be taken. 14 Page 754 of 1207 DocuSign Envelope ID: 549138A9-D93145F'5.8E9D-0CCCA4136324 S. The annual financial audit report shall include a schedule of financial assistance specifically identifying all contracts, agreements and grant revenue by sponsoring agency and contract/agreement/grant number. C. Two bound originals (electronic or hard copy) of the audit is due within 30 days after receipt of the financial audit report by the Independent Certified Public Accountant or a Public Accountant licensed under Chapter 473, Fla. Stat. or nine (9) months after the close of the fiscal year. The complete financial audit report, including all items specified herein, shall be sent directly to: Community Services Department Attn: FAA Program Monitor Palm Beach County 810 Datura Street West Palm Beach, Florida 33401 ARTICLE 17 - CQNFLICT OF INTEREST The AGENCY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Chapter 112, Part III, Florida Statutes and Palm Beach County Code of Ethics. The AGENCY further represents that no person having any such conflict of interest shall be employed for said performance of services. The AGENCY shall promptly notify the COUNTY's representative, in writing, by certified mail, of all potential conflicts of interest of any prospective business association, interest or other circumstance which may influence or appear to influence the AGENCY'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the AGENCY may undertake and request an opinion of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the COUNTY, constitute a conflict of interest if entered into by the AGENCY. The COUNTY agrees to notify the AGENCY of its opinion by certified mail within thirty (30) days of receipt of notification by the AGENCY. If, in the opinion of the COUNTY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the AGENCY, the COUNTY shall so state in the notification and the AGENCY shall, at its option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the COUNTY by the AGENCY under the terms of this Contract. ARTICLE 18 -DRUG-FREE WORKPLACE The AGENCY shall implement and maintain a drug-free workplace program of at least the following items: A. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited 15 Page 755 of 1207 Docuftn Envelope ID: 549138A9-D93145F5-BE9D-0CCCA4136324 in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. B. Inform employees about the dangers of drug abuse in the workplace, the AGENCY'S policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. C. Give each employee engaged in providing the services that are under contract a copy of the statement specified in Paragraph A. D. In the statement specified in Paragraph A, notify the employees that, as a condition of working on the contract services, the employee will abide by the terms of the statement and will notify the AGENCY of any conviction of, or plea of guilty nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring' in the workplace no later than five (5) days after such conviction or plea. E. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted or so pleads. F. Make a good faith effort to continue to maintain a drug-free workplace through implementation Section 287.087, Florida Statutes. ARTICLE 19 -AMERICANS WITH DISABILITIESADA The AGENCY shall meet all the requirements of the Americans With Disabilities Act (ADA), which shall include, but not be limited to, posting a notice informing service recipients and employees that they can file any complaints of ADA violations directly with the Equal Employment Opportunity Commission (EEOC), One Northeast First Street, Sixth Floor, Miami, Florida 33132. ARTICLE 20 - INDEPENDENT CONTRACTOR RELATIONSHIP The AGENCY is, and shall be, in the performance of all work services and activities under this contract, an Independent Contractor, and not an employee, agent or servant of the COUNTY. All persons engaged in any of the work or services performed pursuant to this contract shall at all times, and in all places, be subject to the AGENCY's sole direction, supervision and control. The AGENCY shall exercise control overthe means and manner in which it and its employees perform the work, and in all respects the AGENCY'S relationship and the relationship of its employees to the COUNTY shall be that of an Independent Contractor and not as employees or agents of the COUNTY. The AGENCY does not have the power or authority to bind the COUNTY in any promise, agreement or representation. Further, the AGENCY shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 16 Page 756 of 1207 DocuSign Envelope ID: 54913SA9-D931-45F5-8E9D-0CCCA4136324 ARTICLE 21 CONTINGENT FEES The AGENCY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the AGENCY to solicit or secure this Contract 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 the AGENCY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. ARTICLE 22 - SUBCONTRACTING The COUNTY does not allow subcontracting by the AGENCY for services under this contract. ARTICLE 23 - PUBLIC ENTITY CRIMES As provided in F.S. 287.132-133, by entering into this contract or performing any work in furtherance hereof, the AGENCY certifies that it, its affiliates, suppliers, subcontractors and Agencies who will perform hereunder, 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 hereof. This notice is required by F.S. 287.133(3)(a). ARTICLE 24 - EXCUSABLE DELAYS The AGENCY shall not be considered in default by .reason of failure in performance if such failure arises out of causes reasonably beyond the control of the AGENCY or its subcontractors and without their fault or negligence. Such causes include, but are not limited to, acts of God, force majeure, natural or public health emergencies, labor disputes, freight embargoes and abnormally severe and unusual weather conditions. Upon the AGENCY's request, the COUNTY shall consider the facts and extent of any failures to perform the work and, if the AGENCY's failure to perform was without it or its subcontractors fault or negligence, the contract schedule and/or any other affected provisions of this contract shall be revised accordingly, subject to the COUNTY's rights to change, terminate or stop any or all of the work at any time. ARTICLE 25 — ARREARS The AGENCY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness, The AGENCY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract. 17 Page 757 of 1207 ARTICLE 26 - D Im A _QWNl;R p 01� Dg 0�9 __4Hj_ CqMgb!T4 The AGENCY shall deliver to the CO N, rrf m Page 758 of 1207 DocuSlgn Envelope ID: 54913W -Mi ARTICLE 28 — SEVERABILITY If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, 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 Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 29 - MODIFICATIONS OF WORK The COUNTY reserves the right to make changes in Scope of Work, including alterations, reductions therein or additions thereto. Upon receipt by the AGENCY of the COUNTY'S notification of a contemplated change, the AGENCY shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the COUNTY of any estimated change in the completion date, and (3) advise the COUNTY if the contemplated change shall affect the AGENCY'S ability to meet the completion dates or schedules of this Contract. If the COUNTY so instructs in writing, the AGENCY shall suspend work on that portion of the Scope of Work affected by a contemplated change, pending the COUNTY'S decision to proceed with the change. If the COUNTY elects to make the change, the COUNTY shall initiate a Contract Amendment and the AGENCY shall not commence work on any such change until such written amendment is signed by the AGENCY and approved and executed on behalf of Palm Beach County. ARTICLE 30 - NOTICES All notices required in this Contract shall be sent by, and if sent to the COUNTY shall be mailed to: Taruna Malhotra, Assistant Department Director Community Services Department Palm Beach County 810 Datura Street West Palm Beach, Florida 33401 and if sent to the AGENCY shall be mailed to: Kemberly Bush, CEO Pathways to Prosperity, Inc. 970 N. Seacrest Blvd. Boynton Beach, FL 33435 ARTICLE 31 - STANDARDS OF CONDUCT FOR EMPLOYEES The AGENCY must establish safeguards to prevent employees, Agencies, or members of governing bodies from using their positions for purposes that are, or give the 19 Page 759 of 1207 W 3:11,41hen contract entering into this Contract or performing any work in furtherance hereof, the AGENCY certifies that it, its affiliates, suppliers, subcontractors and AGENCIES who will perform hereunder, placed on the Scrutinized Companies With Activities in Su ave not been r millionn List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created pursuant to F.S. 215.473 or is engaged in business operations in Cuba or Syria. M May 3e inated and a civil penalty equal to the greater of $2 or twice the amount of this Contract shall be 'mposed, pursuant to F.S. 287 1 35Said certification must also be submitted at the time 20 Page 760 of 1207 Notwithstanding anything contained herein, as provided under Section k; if the Agency: (i) provides a service; and (ii) acts on behalf of the County as provided under Section 119-011(2) F.S., the AGENCY shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time The AGENCY is specifically required to: A. Keep d maintain public records "required by the County toperformservices as ` under this Contract. B. Custodianof Public Records, provide the County with a copy of the requested records or allow the records inspected or copied within a reasonable time at a cost that does not exceed the "providedChapter y; as otherwise provided by law, The AGENCY further agrees that all fees, charges and expenses shall be accordancedetermined in amendedFees Associated with Public Records Requests, as it may be replacedor Ensure that public records that are exempt, or confidential and exempi from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Contract, if the AGENCY does not transfer the records to the public agency. i rr 91 Page 761 of 1207 m Page 762 of 1207 contractual obligations with the COUNTY, nor is the AGENCY authorized to use the COUNTY'S Tax Exemption Number in securing »22 24««2» The AGENCY shall be responsible for payment of its own and its share of its employees, payroll, payroll taxes, and benefits with respect to this contract. ARTICLE 36 - AUTHORITY TO PRACTICE The AGENCY hereb re - A -11 III I "tered, except by writte?T ae or rnmwvs e a., instrument executed by the parties hereto, 23 Page 763 0 1207 DocuSign Envelope ID: 549138A9.D931-45F5.8E9D-0CCCA4136324 IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida has made and executed this Contract on behalf of the COUNTY and AGENCY has hereunto set his/her Band the day and year above written. ATTEST: Sharon R. Bock, Clerk & Comptroller PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida BY: m„,m ......,,,,,,,m....�. Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY Assistant County Attorney 24 BOARD OF COUNTY COMMISSIONERS BY: Mack Ber�".� M„....... ll"R— Hard, Mayor -,-�� ---�-- AGENCY: Pathways to Pros 111q. Agency's Name Typed Oomu9�= . BY Authorized Signature Kemberly Gush Agency's Signatory Name Typed APPROVED AS TO TERMS AND CONDITIONS Community Services Department �„ oxusbn.a BY: , Department Director Page 764 of 1207 DocuSign Envelope ID: 549138M.D93145F5-8E9D-0CCCA4136324 SCOPE OF WORK 2020 -- 2022 FINANCIAL ASSISTANCE Agency Name: Pathways to Prosperity, Inc. Program Name: Circles Palm Beach County Location: Palm Beach County Target Population: Families living below the federal poverty line high economic instability. Funding Priority: Economic Mobility/Securing Our Future Initiative Overview: Circles provides families with tools, skills transitioning from poverty to self-sufficiency. Services: The Agency shall do the following: Exhibit A in communities with and new relationships to assist them in • Orientation • Intake Interview for suitability led by Circles Coordinator • Eligibility and Needs Assessment • Circle Leader (CL) Training Classes 15-18 weeks facilitated by Circles Coach (SMART goals, how to build healthy relationships, budgeting, etc.) • Weekly Community Meetings (Credit Repair, First Time Homebuying, Etc.) • Circles Coach to assist and guide to self sufficiency documented in progress notes and/or referral forms • Recruit and train Volunteer Ally (middle to upper income volunteer that works with and encourage participant to achieve goals set in CL Training Class) • Conduct surveys (Ally Interest Forms) to match with CL • Provide Emergency Assistance (if needed) with Rent, utilities, etc. • Provide dinner for participant and children weekly prior to CL training class • Provide Childwatch and education for children aged 4-17 weekly during CL Training Class Number ofndu,Rlcated Clients Served throw h FAA: 40 adult clients 25 Page 765 of 1207 DowSign Envelope ID: 54913BA9.D931-45FME9D4)CCCA4136324 UNITS OF SERVICE RATE AND DEFINITION 2020 — 2022 FINANCIAL ASSISTANCE CONTRACT Agency Name: Pathways to Prosperity, Inc. Program Name; Circles Palm Beach County Description � Unit Cost mmCircles. Palm Beach County A unit of service is defined as one (1) $125 session of attendance per client per week. Total Contract over a three (3) year period EXHIBIT B Total Total Total Total 3 Year FY20 FY21 FY22 Contract 1,., _......__ Amount $70,000 $70,000 1 $70,000 $210,000 $70,000, ' $70,000 �' $70,000 $210,000 The AGENCY is allowed to expend up to $4,000 for initial certification or $1,500 for the annual renewal fee every year of the contract. This option exercised by the agency will be taken from the approved budget thus reducing the number of units to be provided. Certification is a requirement of contracting with the COUNTY as referenced in Article 15 of this contract. 26 Page 766 of 1207 DocuSign Envelope ID: 54913SA9-D93145F5-8ESD-OCCCA4136324 EXHIBIT C FINANCIAL REPPINICILIATION STATEMENT As required by the provisions of the Agreement/Contract between Palm Beach County ("the County") and Agency Name ("Agency") [Contract Number] effective 2a1_, for [describe subject of Agreement/Contract], attached Is��..a final ' mal financial reconciliation of the funds provided by County. As shown in the attached (mark applicable box): •; ❑ All funds provided by Palm Beach County were spent in accordance with the provisions of the Agreement/Contract; and total administrative expenses did not exceed fifteen percent (15%) ❑ There were under expenditures in the amount of $ which pursuant to the Contract/Agreement, will be returned to Palm Beach County by . _ [date]; all other funds were spent in accordance with the provisions of the Agreement/Contract. The undersigned states that he/she is the CFO or other individual dually authorized as stipulated in the contract to sign this type of document. The information attached is a true and accurate representation of the expenditure of Palm Beach County funds under the Agreement/Contract. �� Signature pate Print Name 27 Page 767 of 1207 m III C L 7 o y LCL fi c a � z a O CL O E m a H w m CL c w� a - C C �� !!S I m L 7 CL 'sg R m'3 c z c E �� r 0 =_cA r O v cO •0 a mm I 00 L N = « A a. r:M II 0 m ani c o a E 'LU o o E aa V c y w All 0 N .II of u Lip c a ti u Y Ct0 Q N 7 R per, it d; a u 10 0 c = 030 ui 10 U ; „w ate+ m IIA i in N 0 0� a Illl�wu .9 3 E '... EO A r � . " c ro M C uOi LL LL c t :3O N w w Page 768 of 1207 O r 0 o c a N m C v C T+ d w c C CCO CD . 0 N y G ' tw LU L0 3 O m III C L 7 o y LCL fi c a � z a O CL O E m a c w CL y g 3 16 c s15m a c .c C �� !!S vCL L 0 o o CL 'sg R m'3 c z c E �� r 0 =_cA r O v cO •0 a mm a o aCL 00 L N = « A a. r:M u 0 m ani c o a E 'LU o o E aa V c y w All 0 C c a ti u Y Ct0 Q N 7 R per, it d; 4AW �� u 10 0 c = 030 ui 10 IIID as O to w N C 16 G a a 0 0� a u E 'E E .9 3 E '... EO A C 4 m O °r .0 0 sL+ a 1 uOi c t :3O 5 w w Page 768 of 1207 11— c 0 8 r o c a C C T+ d w C CCO CD . M ti C Z L ` y G ' LU L0 3 c a a m a a o40 C -0 w *' =_ c E c C � C wum V u E :� ,Ila .. w ;p Iva 0to > a 4a c ai a d E by uCL A .e N " V' w a a cr a t A r Y w F IIIA A N G y y 14- ro L 0 - o c o a 0 IV Q. E N 7 m h 44 O 4- N c 10 " .. E c �° c aCs t a oE u L a ' c v EL a c E R m o -mc ac! U O C C` CL o 2! , M M Go a E 7 Q c r�0 � 0 O m a E a c c a 0 CL � 0 � a -= i� o c". `O c N CL II d L 0'A z a E L , .10 .. M a. o C 3 O �. •d 00 N a+ , m 4F 7 L _c. a L •V = a _a0— a a C c " a— ' R 0 CL 4a 12 o c.�+�v2 = a t T s Re mIIII m , t:=0 a J d c 0 IT 0 �o u 9 E c w y g 3 16 c s15m ma y m N m :p C o L 0 o o CL 'sg R m'3 c v3¢ a -v a �� r 0 =_cA r O v cO •0 a mm Z 00 L N = « A a. r:M ro 0. aw I- C N 12 o a E 'LU o c 0 aa V c y w All 0 C i u Y Ct0 Q N 7 R per, C ` a M R ,� u .0 w c aM. ., J 0 0 = 030 ui 10 CCi *��' as O to w N C 16 C a n m LA _CL O 0� a u E 'E E .9 D '... EO A C 4 m O uOi Page 768 of 1207 j 0N 4+ u Q E +''~ Ta d p m 1. c L a r a o LL E i c n w l CL .2 �a E w e �' itt t: V c � o ° aci ++ fl. a a d N y CL Lip H _ a a a = a 10 0 t m :LLI a H > CD Z a u C 3 �`+ E = m o CL 3 c V .F a— = a c o •'n,,, O v wG C LD h L_ c;ME r a t E a •- a Q w CL � C m c ` u .. fl. c 10 ea 3 M Eill r CD M t w OL. PIN,*' m C p a a -- ` :� 3 �E ow owy`'"Y c o a y. _ +• a C N to O `- �• �i 16 ' G m a N M Q C ac o Q o .0 c a a D W H M -WCL -0 '- = �y t Q1 a dI S. ° m a— �' a R L° a m +� « c ' .g to aci c �+ o e u eo eo Q. I a eo �_ a Q• E a �+oCL w ..� m a °� o '3 a -a +, m " d nZ.0 C.a ani= a CO 0 R a m E a V till)a 0 c= - o N m e y N a a= ~ m m O p C 3 a �• • a ro w 3 ++ N O a+ N cr W is p O c r 3 7 .r V t H Z m CL °' '; c u "" e a x 3 y L c a a a ° e CLE a = ° +' r t!3a sY d t� eE H c eo f/Q�j V4 11- M a=i °: a +°0 o �, � � o CO w N y � `o aac m o� m y� t ,0 40 a a w = 'a 'u L is ,u w 'a +? E i C O c ` R /a M a ea a m a �a. +•' ++ m p C .0 d X O D. -� +s+ t t'p vi N Q ° a- m s° 3 a a a d c v o c `° a= o r O' ate+ = O O 10 ba C C y O uai a '_ ++ l0 c Q. c•3mMa cy QraHa W a a a eo a ++ u is _ ��`, -p o a to au oao a �� !+ u F eo +. C � GRf O .�.. to 9i R d7 V � a _ y� �. m E E �. 4 J V ate+ =a 3 G C a+mm Ir. a Mm 6 c w = 3 `° c" c c m a m a s t7 d o .� $° E oc M CU CM r O r_+ 3 C a a fl a eq N 4. C V c O w m O a« �[ '° L a d a= c t y C r `o ar n ¢ a� Zv J A m40 41 m 'ccs c m d u u d c? Co d E v d ,�� c7 } •5s m-0 °ten�x c az;° o� •o a Ga a Mn. U R n r � r Page 7( of 1207 OFOUNDATION Q IVB IKNf�Y I � A !',kk�roovl U 11�4vof Award Letter and Grant Agreement Executive Committee March 23, 2020 Ethel Isaacs Williams Chair Kemberly Bush Gerald O'Connor, Pathways to Prosperity, Inc. MD 970 N Seacrest Blvd vice chair Boynton Beach, FL 33435-3002 Grants Committee Chair Brian Kirkpatrick Re: Circles Palm Beach County Finance & Investment I D: 57301451 Committee Chair Ronald Romear, MD secretary/Treasurer Dear Ms. Bush: Donna Mulholland I am veryleased to noti fmmediatePastChorr R fy you that the Quantum Foundation (the "Foundation") has approved a one-time grant of $100,000.00 to Trustees: Pathways to Prosperity, Inc. for the Circles Palm Beach County (the DanielAlberttis "Project") 57301451. This grant is for the period of 04/01/2020 to JMcn e e Con orbett 03/30/2022 (the "Grant Period"). The Grant Period may be JamesKintx extended in the sole discretion of the Foundation. Anthony MCNlcholas William Meyer Stephen Moore The purpose of this agreement is to create the basis for a strong working relationship between you and the Foundation and to set Eric Kelly forth certain agreements regarding the Project. It sets out our President expectations and requires us to communicate to make the Project and our relationship stronger. If you do not understand any portion of this Agreement, please ask for clarification. Payment of Grant Funds will be made in accordance with Section 11 following execution of this grant agreement (the "Agreement".) The 241N AusUANTUMtralanAv nue distribution of the remaining Grant Funds under this award depends Suite 200 on among other things the achievement of mutually agreed-upon West stPne:al Beach,, FL 33407 Project -goals, objectives and outcomes as described in the Project Fax. 561-832-5794 Proposal (as defined below), and the fulfillment of other wwmquantumfnd.org requirements such as Grantees compliance with this Agreement, as determined by the Foundation, in its sole discretion. Page 770 of 1207 Please review this Agreement carefully. If you agree with the terms and conditions of this Agreement, please sign it below where indicated no later than the grant start date. We look forward to working with you on your Project and hope to have a continuing and mutually beneficial relationship with you. 1. General Terms and Conditions of Grant. In connection with the grant, Grantee represents, warrants and covenants (promises) to the Foundation, as follows, which representations, warranties and covenants shall survive duringthe Grant Period or longer as specifically set forth herein. 2. Use of Grant Funds. The grant, and all income earned thereon (collectively the "Grant Funds") shall only be used for the Project, substantially in accordance Grantee FS proposal, In the form submitted b y Grantee and apprvroved by the Foundation, and incorporated herein forve the i "Project g, without g'ncluding, without limitation, the evaluation model, budget and budget ( ject Proposal" ). Using Grant Funds for any purpose other than the Project is a breach of this Agreement. No substantial variances in the Project Proposal including, without limitation, the purpose or timing of expenditures under the Project Proposal, may be made without the Foundation's prior written approval. Any variance of 10% or greater to any line item on the Budget and Budget Narrative must be approved by Foundation staff. In other words, if there is a change in the project or how you want to spend the grant dollars, you must contact the foundation for approval first. 3. Security Interest. As security for the Grant Funds, Grantee hereby grants to the Foundation a security interest in and lien on all equipment, materials, tangible and intangible personal property and fixtures whether now owned or existing or hereafter acquired or arising, together with any and all additions thereto and replacements therefore and proceeds and products thereof (hereinafter referred to collectively as the "Collateral") acquired by Grantee using the Grant f=unds (the "Security Interest"). The Security Interest shall remain in full force and effect for the useful life of the Collateral. Grantee understands and acknowledges that the Foundation will file financing statements regarding the Collateral and Grantee will provide the Foundation with the information it needs to do so. Upon an Event of Default (see Section 9 below), in addition to the rights and remedies that the Foundation may have under the law and this Agreement, the Collateral and all right title and interest therein shall revert to and/or rest in the Foundation, Grantee shall cooperate with the Foundation to preserve the Collateral as directed by the Foundation. Upon an E=vent of Default, the foundation shall be free to use or dispose of the Collateral in its sole discretion. 4. Grantee's Obligations. In addition the other obligations set forth in this Agreement, Grantee shall: a. Directly administer and manage the Project in accordance with the Project Proposal; Page 771 of 1207 b. Provide the Foundation with periodic outcome measures ("Progress Reports") in accordance with the Evaluation Logic Model for Outcome Measures, as such may be updated or amended from time to time; c. Promote the grant in accordance with Section 12; d. Account for all Grant Funds separately from its other funds in its books and records; e. Maintain its books and records in accordance with generally accepted accounting practices, and maintain all documents supporting the disbursement and expenditures of Grant Funds, such as bills, invoices, receipts and canceled checks; f. Invest the Grant Funds in highly liquid investments (such as interest-bearing bank accounts) with the primary objective of preservation of principal so that the Grant funds and any income earned thereon are available for the Project; g. Not commit to or insure expenses subsequent to the termination or expiration of the Grant Period or this Agreement. h. Notify the Foundation within 24 hours of the following: L any Event of Default (as defined below); or ii. any change in the Grantee's legal or tax-exempt status; or ill. any change in the Project, (i.e., grant purpose, staff, funding from other sources, and so on); or iv. Grantee's inability to achieve the Project goals, objectives and outcomes as described in the Project Proposal, or to expend the Grant Funds for the Project during the Grant Period; or v. Any change in Grantee's executive staff, including any change in Grantee's Project managers/directors; or vi. Upon the initiation, occurrence or conclusion of any investigation or audit by any governmental authority or funding agency. S. Restrictions on Use of Grant Funds. Grantee shall not use the Grant Funds to: a. Attempt to influence legislation or the outcome of any specific public election; b. Carry on, directly or indirectly any voter registration drive; c. Make grants to individuals or to other organizations except as described in the Project Proposal; d. Undertake any activities for a non -charitable purpose, or a purpose that is not within the IRS recognized exempt purpose of the grantee; e. Undertake any activities for a purpose other than for the Project; or Page 772 of 1207 f. Reimburse any expenses incurred prior to the start '. of the Grant Period, 6. Other Restrictions. The USA Patriot Act of 2001 and other federal laws and regulations and executive orders administered by the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") pig; among other ,. engagement with, and the provision of services to, certain foreign countries, territories, entities and individuals. Grantee represents l warrants Agreement and during the Grant Period, none of the following is a country, territory, individual or entity named on the OFAC lists of Sanctioned Countries or specially Designated Nationals: Grantee; any person or entity controlling or controlled by Grantee; any person or entity having a beneficial interest in Grantee; or any person or entity for whom Grantee is acting as agent or nominee in connection with the Project, Grantee understands and agrees that any viol of this Section 6 will be grounds for immediate terminationgrant and Agreement. 7. Grantee Organization fg"x r'"Tax Status. Grantee representsand existingFoundation that: a. Grantee is a not for profit corporation, validly and in good standing under the laws of the State of Florida, with full power and authority to execute, deliver and perform or b, 'ations under this Agreement; b. Grantee is actively registered under the Florida Solicitation of Funds for Charita, Purposes Ac , or any successor thereto, or ' terms.t from such registrat requirements; ii, L. This Agreement has been duly authorized, executed and delivered by Grantee and constitutes a legal, valid and binding obligation of Grantee, enforceable against it in accordance with its ";approval or order of any court or public board d o, body is required to be obtained by y,"'' in connection with the execution provisionand delivery of this Agreement; d. The execution and delivery by the Grantee of this Agreement and the performance by the Grantee of its obligations hereunder do not conflict with or violate: (i). any a , instrument to which the Grantee is a party or by which any of its properties(M) any judgment, ,, r, writ, injunction or decree binding on the Grantee; or (iv) anylaw, rule, ordinance regulation , , y r determinatione. The facts supporting Grantee's tax-exempt and public charity status under Sections 501(c)(3) and 509(a) of the internal Revenue Code have not changed since the issuance of the IRS the Grantee is o awareproposed changes tax-exemptunder .. Page 773 of 1207 Sections 501(c)(3) or 509(a) or relevant state law. The Grantee is not aware of any actual or potential imposition of excise taxes under Chapter 42 of the Code (including, but not limited to Code Section 4958, dealing with "intermediate sanctions"). 8. Books and Records. As set forth in Section 4.e, Grantee shall keep and maintain its books and records, which shall include, but not be limited to, financial records, QuickBooks records, paystubs, policies & procedures, sign -in sheets, and all substantive materials related to the Project. These books and records shall be retained in Grantee's files for at least four (4) years after expiration of the Grant Period, the termination or expiration of this Agreement, or as long as necessary to complete an audit commenced before the expiration of the four year period set forth above. During normal business hours and upon reasonable notice, Grantee shall make its books and records available to the Foundation and/or its designees for inspection and audit. The Foundation reserves the right to request Grantee's most recent Financial and Compliance Audit, complete with Management Letter and/or a Form 990 (if applicable), within one hundred twenty (120) days after Grantee's fiscal year-end and for each of the Grantee's fiscal years occurring during the Grant Period. 9. Term and Termination. This Agreement shall remain in effect for the Grant Period unless otherwise terminated in accordance with this Section 9. This .Agreement may be terminated, or the distribution of Grant Funds may be suspended or withdrawn, by the Foundation, in the Foundation's sole discretion upon any of the following (each an "Event of Default"): a. Grantee breaches this Agreement or any of its terms or conditions; b. Grantee cannot conduct its activities generally including, without limitation, Grantee becoming insolvent, ceasing or being unable to pay its debts as they come due, or filing a voluntary petition for bankruptcy; c. Grantee fails to achieve periodic outcome measures as set forth in Section 4.b above; d. The Foundation is not reasonably satisfied with the Project's progress; or e. Grantee experiences a leadership or other change that may threaten the Project. 10. Effects of Termination. Upon the termination or expiration (the "Termination") of this Agreement Grantee shall: a. Immediately cease using Grant Funds for any purpose, and make no further expenditures or commitments of Grant Funds; b. Return all uncommitted, unused, unexpended, and/or improperly used Grant Funds to the Foundation within 30 days after the Termination date; and Page 774 of 1207 c. Provide the Foundation with a written report detailing the use of all Grant Fundi a. Grantee shall receive an initial Grant Fund distribution at the beginning, of the Grant Period. All subsequent distributions shall be made if, in the Foundations sole discretion, reached applicable Proposal, and there has been no Event of Default (see Section 9). a Grantee shall submitProgress *'p Progress Report may incl ,,`1i' c. A narrative detailing Grantee's progress toward achieving the grant purpose accordance Project Proposal, and problems or obstacles encountered achieving the grant 1 M and dreport a 6 date of the reportcomparedto the approved budget line item. e. Email notifications regarding the Progress Report schedule, including due da reminders, Proposal. Grantee is responsible for submitting the reports on time, even if notification is received. I 12. Publicity. promoting yntee shall submit materialsF" Foundation for `approval b. Promote the Project with news releases to the local media. If local media is bein6 invited to cover theProject or event,please pertinent all Information '�,Foundation. contact information + on Exhibit A. All media releases should include the Quantum Foundation logo available and a description of the Foundation available on Grantees are encouraged to tag the Foundation in all social media posts using social media tools such as Facebook, YouTube and Twitter. The Foundation can , be found Mese !;,a social "sites under ,, „i„"QuantumY ,,,o, QuantumFoundation twitter account is @quantumfnd, its Facebook page is Page 775 of 1207 d. If Grantee has an active grant in good standing with the Foundation, the Foundation's logo can be used on all Project collateral materials including websites, email blasts, brochures and posters. The Foundation logo can be downloaded from the following Iiiiuk iii r ui Il'�u e. Additional guidance on all press, media or promotional events is provided to Grantees through the Foundation. Please see Exhibit A for contact information. 13. Copyright and Foundation Use of Data. If any publications, manuals, films or other copyrightable materials including, without limitation, any and all data collected in connection with the grant in any and all forms or media in which said data are fixed (the "Material") are produced, the Grantee shall notify the Foundation. Any and all copyrights accruing under, or in connection with, the Project shall be owned by Grantee. Grantee hereby grants to the Foundation a non-exclusive, world-wide, perpetual, royalty fee license to reproduce, publish, copy, alter, perform or display or otherwise use and license others, the Material. The Grantee, in addition to its obligations under section 15, shall indemnify and save harmless the Foundation, its directors, officers, employees, agents, and representatives from liability of any nature or kind, including costs and expenses, for or on account the Material. 14. Insurance. a. It is important that the Grantee, its contractors and Grantee's licensed professionals be properly insured for the conduct of the Project, as well as its and their other activities. Accordingly, the Grantee agrees to maintain in full force and effect during the Grant Period at its sole expense commercial general liability Insurance (including broad form contractual liability, bodily injury, and property damage; written on an occurrence basis) with minimum coverage of $1,000,000 per occurrence and $2,000,000 in annual aggregate. The policy must be in the broadest form available on customary commercial terms and shall be written by insurers of recognized financial standing. The Foundation shall be named an additional insured on the policy, with the understanding that any obligations imposed upon the Grantee (including, without limitation, the liability to pay premiums) shall be the sole obligations of the Grantee and not those of the Foundation. b. Grantee represents and warrants that all licensed professionals employed or engaged by Grantee, do and shall maintain professional liability insurance during the Grant Period, or conversely, Grantee agrees that Grantee, at Its sole expense, so maintains such professional. liability insurance on behalf of each such licensed professional, all in amounts deemed appropriate by Grantee. Grantee shall provide copies of the certificates confirming such insurance promptly upon Foundation's request. Licensed Professionals include, by way of example, any professions regulated and licensed by Page 776 of 1207 the Florida Department of Health or the Florida Department of Business and Professional Regulation. c. Grantee shall include in all of its contracts for work that is to be funded in whole or. in part with grant funds provided by Foundation, a provision or provisions requiring all contractors to purchase and maintain comprehensive third -party legal liability insurance and other such insurance as is appropriate for the work to be performed. All insurance provided by the contractor must name Foundation as an additional insured. The insurance provided shall include, but not be limited to, insurance protecting Foundation from bodily injury and property damage, including but not limited to, all workers' compensation insurance and errors and omissions. Grantee shall provide copies of the certificates confirming such insurance upon Foundation's request. d. The insurance policies shall be primary insurance ahead of any insurance carried by the Foundation and shall provide for notification to the Foundation thirty (30) days prior to termination, material change or restrictive amendments. e. These coverages and limits are to be considered minimum requirements under this Agreement and in no way limit the liability of the Grantee under the indemnification provisions set forth below, or otherwise. The Grantee shall provide a certificate of insurance to the Foundation evidencing this coverage prior to performance of the Agreement and annually thereafter, at policy renewal dates throughout the term of the Agreement. 15. Indemnification. Grantee understands and agrees that it alone is responsible for its and its employees, agents and representatives. Grantee shall indemnify and agrees to hold the Foundation, its directors, officers, employees, agents, and representatives harmless from and against any and all damages, losses, liabilities, obligations, penalties, claims, litigation, demands, defenses, judgments, suits, actions, proceedings, costs, disbursements or expenses (including, without limitation, attorneys' and experts' fees, expenses and disbursements) whether incurred in a third party action, in an action to enforce this Agreement or otherwise, for death of or injury to any person or loss of or damage to any property of any kind or nature and any other damage whatsoever arising out of or resulting directly or indirectly from the actions of Grantee or the failure to act by Grantee in connection with the fulfillment of its obligations under this Agreement, except to the extent same is caused by the gross negligence or willful misconduct of the person seeking to be indemnified hereunder. In addition, Grantee will pay and discharge all awards, judgments and expenses that may result from a final judgment in an indemnified suit or action. 16. Miscellaneous. The grant is for the Grantee only and may not be given to another organization except as written in Grant Proposal. Grantee's rights and obligations under this Agreement are specific to the Grantee, which may not assign its rights or obligations Page 777 of 1207 hereunder, by operation of law, merger or sale of Grantee or all or substantially all of Grantees assets, to any person or entity without the prior written consent of the Foundation. No course of dealing between Grantee and the Foundation, or any delay or failure on the part of the Foundation in exercisini anv rights uiWer nj�; �Lq r Y -1=7711T expressly waived - in writing by the Foundation. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida, without regard to its conflict of laws principles. Venue for any disputes arising hereunder shall be in the courts located WL .1"alm Beach -- County. 17. Survival. Sections '(y' { , 15 and 17 shall survive the termination or expiration of this Agreement. IS. Entire Agreement, SeverabilityAmendment. eagreement ' �r a l � , ,., - between Foundation a , Grantee regarding the subject matter here and supersedes any prior oral or written agreements or 1 ; Agreement„of this at if any provision is found be invalid, Illegal,„ unenforceable, such finding shall not affect the validityy construction, or enforceability any remaining provision.provided ifi only by a mutual written agreement of the parties, Exhibit B may be amended or mod e upon notice to Grantee parties. 19. Electronic Signature. Grantor and Grantee consent o this Agreement. This Agreement and any requiringhereunder, may be `electronically by Grantor and Grantee by Grantor. Grantor and Grantee a, - not to deny becausethis Agreement solely is In electronic form or because an electronic record was used in its formation.Grantor Grantee agree his Agreement ,,, the i;”", of.;,;electronicrecord, copy �, ,, ,, admissibility of , , record an electronic document, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic or electronicsignature or that it is not in its original form or is not an original. to serving our community. ounciation, I thankoyW; mitmefft- m� By: IJ -40 is �M. Kelly, President �.�. [signatures continue on next page] Page 778 of 1207 By signing below, Grantee accepts and agrees to comply with all terms and conditions stated in this Agreement, and the accompanying attachments exhibits and or schedules, and Grantee certifies to Foundation that Grantee's governing board has authorized the execution below. By ,�.�..y ll .._ Mar24, 2020 Kemberiy Bush Date: Print Name: Its: Chief Executive Officer/Executive Director ByfY��lL ...._._.� Mar 25 2020 REVIA LEE'" Date: Print Name. Its: Chair, Board of Directors . r s Page 779 of 1207 E=xhibit A Foundation Contact Information Page 780 of 1207 Exhibit B Project„Prop osal Overview: The poverty rate in Palm Beach County is 13.4% according to the Children's Services Council of Palm Beach County 2017 Zip Code Report. It is the goal of Palm Beach County Circles to work with families living below the federal poverty line in communities with high economic instability. The families who are targeted are those that are highly motivated to change their situation and transition from poverty to self-sufficiency. Circles is committed to the creation of community and individual social capacity through multi -layered, long-term relationships, linking those currently in poverty, middle class Allies, employers, educators, service providers, and community leaders. As part of a larger Health and Human Services System of Care, Circles intends to provide education and resources to families and create a pathway to economic self-sufficiency. Summary Response Florida is the third largest state in the nation and welcomes more than 1000 new residents each day. For many, this is the Florida they live in- one that is prosperous, creates jobs and economic opportunity. Nevertheless, there is a different reality many Floridians and Palm Beach County residents live in. The latest available data shows that Florida has more than 3 million people living in poverty, with 944,415 of the total under the age of 18. According to the US Census Bureau, the population in Palm Beach County in 2015 was approximately 1,281,576 with 269,883 of that number being children 0-18. The total percentage of Palm Beach County children living in poverty is 22°x5 or approximately 59,914. Low-income families can only move up economically within a strong, thriving economic community. If economic opportunities are absent, upward economic mobility may not be possible. Typical indicators of the health of the economy include the unemployment rate, rate of public assistance utilization such as cash assistance (e.g., TANF) and food assistance (e.g., SNAP), the living wage, and workforce gaps and employment trends. Circles Palm Beach County works with families who are motivated and working to get out of poverty. The family is the Circle Leader and sets the direction for activities and actions which results in their emergence from poverty. Circles are conducted in cohorts of between 12-25, to ensure Circle Leaders have peer support from each other (bonding social capital) as well as the support of their Circle Allies (bridging social support). Each cohort begins with training for Circle Leaders as a group, using a variety of curriculums. During the first few months of Circle Leader training, participants assess their current relationships, resources and reason or purpose for making the necessary changes to escape from poverty permanently. It is during this time that Allies (middle and upper income volunteers) are also attending 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. Both the Circle Leader and Ally Training curriculum teaches participants to better understand the "hidden rules” or "social norms" associated with class in the United States as well as how to build a long-term vision for their future both individually as well as for the community. Looking at poverty in a more holistic manner is necessary for both Circle Leaders Page 781 of 1207 and Allies once they are matched in an intentional team for a minimum of 18 months. Helping each family set and achieve goals unique to their own needs will be the responsibility of Circle Allies, who are middle to upper income community volunteers. Leaders and Allies meet monthly to build relationship, review goals that have been set, discuss and problem -solve barriers to getting out of poverty, such as improving self-sufficiency, expanding social networks, and enhancing academic performance of both children and parents. Moving forward, weekly Community Meetings gather Circle Leaders, Circle Allies, and other interested community members to provide support and networking opportunities. Big View Meetings are held once per month and feature a far ranging discussion of the causes of poverty in the community and how to address them for the long-term, in the process removing systemic barriers. Many of the participants in our Big View meetings are graduates from Circles classes beginning in 2015. Circle Leaders and Allies have continued their relationship far beyond the 18 months described in the national CirclesUSA model.' Currently, the Director for Circles Palm Beach County is a graduate of the Circles program which demonstrates that when given consistent supports change does happen. Pra°ect Goal It is the goal of Circles Palm Beach County to work with families living at or below the federal poverty guidelines and transition them to 200% of federal poverty guidelines. Page 782 of 1207 Qmrtraa p+eyrwm 6wlmtlenllbdd Directions farcompie ft your Fmdv tionAdo4&llae ab &tto demmbe your pmjeetmnd its iataaded MoRL Be conmm in decedb* your proJgd's sativibpm sed males =e there in a logimlrataa =hip between thm activities and rhe prgjeces out coma and impmda_ Mn&b &ndd be I —2 pager and incesde aelp three ouiemmes. orprlulian Names Patdnrm toProsperity, Imo. P-Dmm Name: Clydes Paims Beach county QT4 jusp ANa MW rrfAw wlW Ana tcdexeermlawea8lda�v ?Tret+adkrmore)eord�a mgmefmilonwiildotoechlerie whadwtll5en>wa,Aurd•bsspac�fe )megwlgehmvymex7l� die st�h aspruvldl� rrbnorlwho— and w3r� tvtll bs wttcane DgAlbtge7redetra�lvrt. bcladeihryoarme�avarrrnet. UMSTIMMonsraliz-Owask `t 70% of= estimaw So arch tam"i ;& sa hWhi �E drop where fttdiefdaa)s that thclaaaaloseeaplayslt�ty aidlb u doe�aenled hY Goawber dkimeledpatthe P6m slaw camplel� of the Class. Mclawill ctbr Waat Ramos 7rah ft (dwd* 121 -.taw, eta) LUWWy dasem (daralop household budhak dttadop eoackbgVcaa maaagemeat to monitor Q. prrermse ecus %,Jl,tpa®areswtm m banking account wBl opm ane at a banking butltnHmn. T�flrll= — ass vows v®a amcoun@) as evldeaeed by their bank stahmenh self -B OldmeyMahnas "cummateda mough ease moles in the q kMIm fi WatadDoIa&jstm& sur WnWA wpm= Z nee is appnoprla* heakk ter an= to rwv,,wf, hmaAk or &rcftw cmvmcl&,,,jbrhserlpl;V Please met owmbm2d c l$ each mpmcmg period, For eaamplq if &es i oris that 65% ofan tx mMod I00 cUmts smved tbm Q bmr�ta mutt be SD% and 30 while dee second reporting Period mgbt be 35% and loo. if � AMM PZ� OWUMM Page 783 of 1207 �l i%l6l/ muuoi 1 i �� »r � ¢ j Page 784 of 1207 Odes GwrdInM-(1-FTEF$SO M FequeSUM MRAtum W% funding =,$40,DW plus bftxf is eslklmakd at 19% 05,01M). TOW $95,4W Admfnispativa Assistant 41 FM -$S GW requeatingq-ntum 2091 funding =$10000 plan bene0b esimattd at 19%($1, ). Totnl $11,8M Total request Year 1= $47,200 with a 8% IKraise In Year 2 ffiling s $48,616 for a $rand taW of $99,818, Pragramrelated supplies tosupport client baso and O Mlwatrfi.�,,........�.. ptvgr�ra. Year 1$6� requa4ad to start pragram grad $384Iran V Maar 2 2f for replarxmcrrls. Fundhagfor bmgyevents and recuWnentacllvltles.YearIredorati ....�� antici'"°""u'�""'""""' partners for varkrm everts_ ai $2,000 to startactiva�lc and raavltment Year 2 requesehq $1.000ardiciPadnQ �trnsrt Page 785 of 1207 10—N C"'. * . h e iroc ,-ga,m d.tmd Tbc- 46004** *tAba A191. .0089 ftgow�tr #*,$ado due ffib Office o. I fil"her 00*140 mid qo� has wt wed.A**§ PM*�]L -&%woe A* Ogutblan IS -1 Page 786 of 1207 201B.F.LOMAIA, Q,Typ9pROFlTMRI?QWQNANNUA.L ...eQRT PILED DOCUMENU N1000000831 Apr ift.-2019 Enft PAV" To PROVEAltYi iNC. seciotar'y of allte AiftiltpdMoolPFac a of Buslnea 503057467OCC STBtWD &0 WO", FL ANW. M -raw 900 N. $.8AM?0T,BVVD $.OYIIITQN iWk !FL 3a436: FEE NUMbor, 274550271 COrMWv,OA*tus:b"jftd: Yes. NOmOAM Addrfts of Cur"rTt 1;4rbd 'SIGNATUR& . ....... . . . . ...................... Elee c&rvldw ,g ure. of GffiftdMMCW DOUP 'LEE, kf:M.A, AodrW 9cTb w AOCR]Ea KV CllV-vV*Z'P, 90YWPN BEA. K FL 33�W fie: T AMJ6 A.ELLC-01;TAW A*kW* JMIY-*��, GRtMdRSr #L 334,W sip RVfA LEE CADET, MAOUMIF DZSb. WD -N SEACREST a LVO Spy-N-mNREA'OH ipl, &UM POCW-ARY Ninw 0".Aopo�� 070 N ARE& * lb BMR FL B6Ak.b OORMA14 Page 787 of 1207 PATHWAYS TO PROSPERITY, INC. BYLAWS ARTICLE I - NAME & PURPOSE SECTION 1: The name of the organization shall be called Pathways to Prosperity, Inc. SECTION 2: Pathways to Prosperity program shall operate as a program of St. John Missionary Baptist Church and will become 5010 3 organization whose sole purpose is to provide services to our community which include, but are not limited to: case management, adult and youth education, life skills training, employment placement and retention training, budgeting and finance classes, youth after school programs and other social activities. ARTICLE 11- BOARD MEMBERS SECTION 1: The Board of Directors shall have the right to deny, or terminate, the membership of another board member according to the Board policies. SECTION 2: Each voting member of Pathways to Prosperity Board of Directors has one vote per scheduled meeting. ARTICLE III - MEETINGS OF BOARD OF DIRECTORS SECTION 1: The dates for the meetings shall be set by the Board of Directors who will also set the time and place. SECTION 2: Special meetings. Special meetings may be called by the chairperson, the Executive committee, or a simple majority of the Board of Directors. A petition signed by at least 3 voting members may call a special meeting. SECTION 3: Notice. Notice of each meeting shall be given to each voting member by certified mail and/or replied email. Each Board Member is distributed an annual calendar of scheduled meetings for each year. Read ahead documents will be forwarded via e-mail to each Board Member within 48 hours of upcoming Board meeting. ARTICLE IV - BOARD OF DIRECTORS P2P BYLAWS AMENDED 01/10/2018 Page 788 of 1207 SECTION 1: Board role, size, composition. The Board is responsible for overall Policy and direction "Prosperityr,&a gram, and dk1Pnat.Ar.;,gq&,n to the CEO/ Executive Director and staff. The Board shall have up to 12, and no less than five members. SECTION2: Meetings, The czar shall meet at least 6 times during the year at an agreed upon time lace. SECTION 3: Board Elections. Elections shall be held at the end of every year in accordance of Board members term. SECTION 4. Board Developmentr Board Development appointed M "r the Board oa„ represent r ry, aspects i p 4„ f diverseorganization. 'f, Board Development Committee shall have three Board a �s ;I-frex - officio committee member. Committee members shall serve one year terms. The Board Development Committee ,'r" ""'o, Board " w d Board d •, and planning for , training SECTION 5: Election Procedures. r, Board of Directors will vote on Potential Board on the recommendation of the Board Development Committee. The election will be K in„ accordance with the election procedures e;abl d by the Board SECTION 6: At -Large Board Members. The Board Development Committee will be following quarterly meetings. At -Large Board members ;4r, wiltwo year terms, l serve, ut are eligible for re- t , SECTION7® Terms. All Boardmembers shall serve three.year terms, but are eligible for re- election. SECTION 8: Quorum. A quorum must T attended by at least 60 percent of the Board beforemembers SECTION 9: Notice. Notice of each r shall be given repliedmail and / or Board Member will be distributed meetingsscheduled to each Board SEUION 10: x,,e,sand Duties. There. Vice -chair, meetings, shall presid ' e or arrange for other members of the Executive committee to preside at each meeting in the following order: Vice -chair, Secretary or Treasure. The Vice -chair will chair yBYLAWSA01/10/2018 Page 789 of 1207 committees on special subjects as designated by the Board. The Secretary shall be responsible for keeping records of Board actions, including overseeing the taking of minutes at all Board meetings, sending out meeting announcements, distributing copies of minutes and the agenda to each Board member, and assuring that corporate records are maintained. The Treasure shall make a report at each Board meeting. The Treasure shall chair the finance committee, assist in the preparation of the budget, help develop fund raising plans, and make financial information available to Board members. SECTION 11: Vacancies. When a vacancy on the Board exists, nominations for new members may be received from the Board Development Committee two weeks in advance of a Board meeting. These nominations shall be sent out through the Board Development Committee to Board members with the regular Board meeting announcement to be voted upon at the next meeting. All vacancies will be filled only to the end of the particular Board member's term. SECTION 12: Resignation, Termination, and Absences. Resignation from the Board must be in writing and received by Secretary. A Board member shall be dropped for excess absences from the Board if he or she has three unexcused absences from Board meetings in a year. A Board member may be removed for other reasons by a majority vote of the remaining directors. SECTION 13: Special Meetings. Special meetings of the Board shall be called upon the request of the chair or one-third of the Board. Notices of special meetings shall be sent out by the Secretary to each Board member post marked two weeks in advance. ARTICLE V - COMMITTEES SECTION 1: The Board may create committees as needed. There shall be five standing committees—Executive, Fund Development, f=inance/Audit, Board Development, and Governance Committees. The Board chair appoints all committee chairs. Committee chairs must be members of the Board. SECTION 2: The four officers serve as the members of the Executive Committee. The Executive Committee shall review the performance of the Executive Director. Except for the power to amend the Articles of Incorporation and Bylaws, the Executive Committee shall have all of the powers and authority of the Board of Directors in the intervals between meetings of the Board of Directors, subject to the direction and control of the Board of Directors. SECTION 3: Finance/Audit Committee. The Treasure shall serve on the Finance Committee, which includes two other Board members, The Finance Committee is responsible for developing and reviewing fiscal procedures, and annual budget, and all expenditures must be within the budget. Any major change in the budget must be approved by the Board or the P2P BYLAWS AMENDED 01/10/2018 Page 790 of 1207 Executive Committee. The fiscal year shall be October to September. Quarterly reports are required to be submitted to the Board showing income, expenditures and pending income. The financial records of the organization are public information and shall be made available to the Board members and the public. SECTION 4: Personnel Committee and Hiring Policy. The Board Chairman is responsible for hiring the Executive Director. The Executive Director is responsible for hiring and supervising other staff. The Personnel Committee shall operate as a grievance committee, and is responsible for developing a personnel policy. SECTION 5: Board Development Committee. The Board Development Committee responsibilities are spelled out according to Article IV Section 4. ARTICLE VI - DIRECTOR AND STAFF Section 1: Executive Director. The Executive Director is hired by the Board Chairman. The Executive Director has day to day responsibility for the organization including carrying out the organization's goals and Board policy. The Executive Director will attend all Board meetings, report on the progress of the organization, answer questions of Board members and carry out the duties described in the job description. The Board can designate other duties as necessary. ARTICLE VII - AMENDMENTS SECTION 1: These Bylaws may be amended when necessary by the majority of the Board of Directors. Proposed amendments must be submitted to -the Secretary to be sent out with regular Board announcements. These Bylaws will be reviewed at least every 3 years by the Board of Directors. P2P BYLAWS AMENDED 01/14/2018 Page 791 of 1207 Title: Salary Range: FLSA Status: Date Revised: Job Summary: Program Director $38,000-$58,000 Exempt 01/28/11 Pathways to Prosperity 970 N. Seacrest Blvd. Boynton Beach, FL. 33435 Job Description The Program Director provides administrative support to the Executive Director and the Board of Directors, including: planning, research, communications, personnel, recordkeeping, property management, and bookkeeping. He or she also acts as the Executive Director in his or her absence. Essential Job Functions/ Responsibilities: • Maintains the oversight and facilitation of program space including coordination of space and effective delivery of work orders. • Coordinates data collection among P2Pstaff, service partners and programs. • Supports the facilitation of activities and facility scheduling for meetings/trainings/events. • Entry and filtering of data in appropriate programs (Excel and / or Access). • Develops and facilitates the data collection of linkage verifications and compiles report. • Responsible for P2P staff supervision, staff development, and effective budget management. • File and retrieve organizational documents, records and reports. • Coordinate and direct office services such as records, budget preparation personnel and housekeeping. • Create and modify documents such as invoices, reports, memos, letters and financial statements using word processing, spreadsheet, database and/or other presentation software such as Microsoft Office, QuickBooks or other programs. • Arrange for the repair and maintenance of office equipment. • Supports staff in assigned project -based work. • Assists in special events, such as fundraising activities and the annual meeting. • Supports all programs of P2P as needed. • Perform other duties as assigned by the Executive Director Page 792 of 1207 Qualifications: -Bachelor's degree preferred -May exchange years of education for years of experience -Minimum 2 years experience in related responsibilities -Bilingual, as needed for the community Additional Requirement: -Random drug testing throughout employment I, .,. .......... understand the responsibilities and job requirements for the position of Program Director described herein. Staff Member's Signature Date Supervisor's Signature Date Page 793 of 1207 6. F. Consent Agenda 7/6/2021 Requested Action by Commission: Proposed Resolution No. R21-070 - Approve and authorize the Mayor to sign sub recipient agreements for the Community Development Block Grant (CDBG), as adopted in the FY 2020 CDBG One Year Action Plan, on July 6, 2021, subject to approval of the FY 2020 CDBG One Year Annual Action plan, from the U. S. Department of Housing and Urban Development (HUD). Explanation of Request: As a recipient of CDBG funds from HUD, the City of Boynton Beach will submit its annual One Year Action Plan in the amount of $660,962. The funds will be used as follows: Sub -Grantee funding $189,694 Grant Planning and Administration $119,592 Housing Rehabilitation & Delivery $351,676 How will this affect city programs or services? Local nonprofit service providers of CDBG eligible services and programs to low and low -moderate income residents of the City of Boynton Beach have submitted grant applications requesting funds to assist in the delivery of their services. As the result of approval, they have provided budgets and scopes of services and are contracting with the City of Boynton Beach to be reimbursed. Reimbursement will be retroactive to October 1, 2020. Fiscal Impact: Non -budgeted The City will reimburse the following agencies for services provided. Aid for Victims of Domestic Assault $22,176.49 Pathways to Prosperity $39,847 Legal Aid Society of Palm Beach County $10,000 Boynton Beach Faith Based CDC $100,000 Total Sub Recipient Funding $172,023.49 Alternatives: N/A Strategic Plan: Building Wealth in the Community Strategic Plan Application: N/A Climate Action Application: N/A Page 794 of 1207 Is this a grant? Yes Grant Amount: $597,962 Attachments: Type D RESdUltion D AddeindUlirn Description RESdUltion appiroAing SLAbirecipient C.,waint Agireeirneints foir CUBC.1) 2020 21 CD BC.') F:::Y 2020 SLAbirecipient Agireeirneints Page 795 of 1207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AGREEMENTS FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB - RECIPIENTS AS ADOPTED IN THE ONE YEAR ACTION PLAN ON JULY 6, 2021, SUBJECT TO APPROVAL OF THE FY 2020/21 CDBG ONE YEAR ANNUAL ACTION PLAN FROM THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as a recipient of Community Development Block Grant funds from the US Department of Housing and Urban Development (HUD), the City of Boynton Beach the City of Boynton Beach will submit its annual One Year Action Plan in the amount of $660,962 17 and will use the funds for Sub -Grantee funding $189,694.00; Grant Planning and 18 19 20 21 22 23 24 25 26 27 28 29 Administration $119,592.00; and Housing Rehabilitation & Delivery $351,676.00; and WHEREAS, local nonprofit service providers of CDBG eligible services and programs to low and low -moderate income residents of the City of Boynton Beach have submitted grant applications requesting funds to assist in the delivery of their services; and WHEREAS, City Staff is recommending to enter into Agreements with four qualified sub -recipients, who have previously submitted all necessary documentation required, including budgets, scopes of services, and timelines for performance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. S:ACA\RESO\Agreements\Grants\CDBG - SubRecipient Agreements (2020-21) - Reso.docx 1 Page 796 of 1207 30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 31 authorize the Mayor to sign Agreements between the City of Boynton Beach, Florida and sub - 32 recipients, as follows: 33 1. Aid to Victims of Domestic Abuse, Inc. $ 22,176.49 34 2. Boynton Beach Faith Based Community Development Corp $100,000.00 35 3. Pathways to Prosperity, Inc. $ 39,847.00 36 4. Legal Aid Society of Palm Beach County, Inc. $ 10,000.00 37 Section 3. This Resolution will become effective immediately upon passage. 38 PASSED AND ADOPTED this 6th day of July, 2021. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE S:ACA\RESO\Agreements\Grants\CDBG - SubRecipient Agreements (2020-21) - Reso.docx 2 YES NO Page 797 of 1207 AGREEMENT between CITY OF BOYNTON BEACH and LEGAL AID SOCIETY OF PALM BEACH COUNTY IqQ. THIS AGREEMENT entered into this _,_ day Of 20 is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and LEGAL AID SOCIETY OF PALM BEACH, INC. hereinafter referred to as "the SUBRECIPIENT," having its principal office at 970 N. Seacrest Blvd., Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 27-3550271. OVIAN9,010111101MI;&I'd 01,11 WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SLIBRIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1®3 "OMB" means the Federal Office of Management and et® 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements 1.6 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Department of HUD. 1.7 "24 CFR Part 570" refers tot Section of the Code of Federal Regulations pertaining to the U. S. Department of HUD. 1.8 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on Page 798 of 1207 advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 9 "Low- and Moderate -Income" means a household whose income is within specified income limits set forth by HUD. 1.10 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property' means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Ten Thousand Dollars and 001100 (x:1.0 000.00). The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Ten Thousand Dollars and 001100 (""R10,000.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal CDBG funds and funding is contingent upon approval of funding by HUD. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that have not been approved and funded by HUD. 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments once per quarter unless there is a mutual agreement otherwise. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. Page 799 of 1207 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall Submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures being involved. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2020 to September 30, 2021. ARTICLE V MPEN51MUM 1ERWIVAIM 5.1 Termination/Sus ension of PkmqntsL LrqqM@01,fp[Ca use: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination Or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and Shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shE ll include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Conveniengft_2LCit - The CITY may terminate this Agreem nt witho ent witho cause at any time by giving at least ten (10) working days' notice in writing to t SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, t SUBRECIPIENT will be paid for allowable services performed under Article 11 of th Agreement until the effective date of the termination. I 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Z �eem`ent, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI Page 800 of 1207 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded +h b Agreement i' a period of five years after the termination of the Agreement. ■ � :r � � .. � ,. " � ,. , � �, �" � i i , .�, "i ' ;4 i, ,Ili ' � � t , " ; .,Ili � i M ,M ^i ,� � ,,• M �' i`"i i i;' .� , J'allgo I M El The SUBRECIPIENT shall ensure that all publicity,public 'l o" advertisements and recognize .c, e CITY and the CD i," Program for the support of a contracted activities. .e e ,,. of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS "D, & 1 Federal Office of Management and Budget Requirements: The SUBREC P EN shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth R Part 2,. and the Federal Accountability and Transparency at 2 CFR fa, 0." ► r"i+�11 r7l r n•on Me basis of race, wrlr, o or national ori•in; Executive Order 46 as amended which requires employmentequal opportunity; and with the Energyi" ♦ and Conservation Act 94-163) which requires mandatoryi i policies relating to energy Page 801 of 1207 The SUBRECIPI ENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPI ENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program Services, transportation, communications, access to facilities, renovations, and new construction. 9.3 OtheLEMfgM,Rgggirements: The SUBRECIPIENT shall comply with all federal laws and �egiations pertaining ...... .......... io" e . .......... n ............. v i r,onmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.4 Qpp9qW,Q1!ies for Residents and Civil ...... . The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.5 Evaluation and Monitorin . The SUBRECIPIENT agrees that the CITY will carry oul, periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation cIR' clusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SU'ii RECIPIENT shall allow the CITY or HUD to monitor its agency M n site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. &6 Audits. Nonprofit organizations that expend $750,000 or more annu ly in federal awar B A 13 shall have a single or program specific audit conducted accordance with OM A-13 Sh Nonprofit organizations that expend less than $750,000 annually in federal awards h be exempt from an audit conducted in accordance with OMB A-1 33, although their recor r 113� must be available for review. These agencies are required by the CITY to submit reduc scope" audits (e.g., financial audits, performance audits). Each audit shall cover a ti period of not more than 12 months and an audit shall be submitted covering each assist period until all the assistance received from this agreement has been reported on. A cc) 0 of the audit report must be received by the CITY no later than six months following ea audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. Page 802 of 1207 9.7 Uniform Administ ents. The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A-1 10, as implemented at 24 CIFIR Part 84, "Uniform Ad min istrative'Req uirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-1 22 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CIFIR 570.502. 6.8 'Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, 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 Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federa- appropriated funds have been paid or will be paid to any person for influencing of attempting to influence an officer or employee of any agency, a Member of Congress, an #! with this federal Agreement. 6.9 Section 3 Reguirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBIRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contractfor every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 1701 (Section 3). The purpose of Section 3 is to ensure that employment and Other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CIFIR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual of other impediment that would prevent them from complying with the Part 135 regulations. Page 803 of 1207 SUBRECIPIENT agrees to send to each labor organizatioin or representative 6y workers with which the SUBRIECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECI PIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every Subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRIECIPIENT will not subcontract with any subcontractor where the SUBRIECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in �4 CFR Part 135. e. The SUBRIECIPIENT will certify that any vacant employment Positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in Sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.10 Insurance: The S16RECIPIENT shall furnish to the CITY, C/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined L C. 9.11 Property:, Any real property under the SUret, CIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shM ll be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRIECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. Page 804 of 1207 f Ti Idi 791171717 w" 751 be met, if the property e records shall describe the programmatic purpo 4,, which the improvements were madd identify national X4 1 x. x ,,, �," #'.' ., �, +#0,12 "w * 4" +,, w,, ,, r W1 A "H 9 0 FEW'' and information on transfer, replacement, or disposition of the property. The SUBRECIPIENTl obtain prior" approval from the CITY for the disposition 14" real property, personal property,and nonexpendable personal property purchased in whole or in p* , `, , given ., SUBRECIPIENT terms of this agreement. The SUBRECIPIENTdispose of all such property accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. •12 �: v , t, , o X t f �r, ,, �, " 1 # .r �(y including,termination of this Agreement, all the assets owned or held as a result of this Agreement, but not limited to any d" on hand, any accounts receivable attributable o these funds, mortgages, notes, and other collateraland n overpayments o unearned funds costs l low pursuantAgreement disbursed o the SUBRECIPIENT of expiration or terminaon of this Agreement execute any and all documents as required shallby the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement e M by the CITY. 9.13 C1111o''Inflicts. with„If any provision of this agreement applicable law o a' the conflicting provision e r by the parties hereto to be modified to be consistent a , or regulationdeleted modification o” "t obligations eagreement, modified, shall continue and all other provisions of this agreement shall remain in full force and effect. -writing,5. 14 Renejq_qtiation or Modification: Modifications of provisions of the agreement shall be valid ; r by duly authorized representativeseach party. The federal,parties agree to renegotiate this agreement if the CITY determines, in its Sole and absolute discretion, that State and/or oapplicable ,- rregulations, or increases or decreases 4c +"M,changes necessary. Page 805 of 1207 9.15 RiA,,t!g Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBIRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 DiSDUtes: In the event an unresolved dispute exists between the SUBIRECIPI ENT and the dTY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBIRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBIRECIPIENT within the 30 day period that additional time is necessary. The SUBIRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. MFNSSRI,r�� SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBIRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBIRECIPIENT at the termination of the Page 806 of 1207 contract and destroy any public records ,o , , ,t are -:" , , or All aand ' , x em from public records disclosure requirements.All recordsstored electronically be provided to the CITY in a format that is compatible with the informati technology systems of the CITY. All ., If shall be transferred to , '" ., CITY pri to final payment being made to the SUBRECIPIENT. SUBRECIPIENT contract provisions ,o:d ncontract and may '"a,cancel contract in accordance with state a, SUBRECIPIENTaware,, Inspector General of Palm Beach County has the authority to investigate and a ,r nrelatingd performance o this Agreement, ...r+" "gid maydemand and obtainrecords testimony SUBRECIPIENT. SUBIRECIPIENT understands and agrees that in addition to all other } remedies aconsequences provided failure '1� ; P cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. Page 807 of 1207 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 20 WITNESSES: By . Print.__.__ Print "-.... . . ......... STATE OF FLORIDA COUNTY OF PALM BEACH Title The foregoing instrument was acknowledged before me this day of.,._..., 20 by .._ Personally Known _ OR Produced Identification _ Type of Identification Produced Seal NOTARY PUBLIC Signature Print ATTEST: CITY OF BOYNTON BEACH, FLORIDA By City Clerk Mayor Approved as to form: City Attorney Page 808 of 1207 MWIN-M Soclevi c)Y?-Zfflrw fi tfsing ivroj7ctf CDBG Boynton Beach 2020-2021 IF-71ITT-Iff. ".Ili] Iriizglippll ig��:Iqlm Total CDBG Funds Requested. 0,000.00 Total Unduplicated Units Served: Fifteen (15) individuals will attend each of four (4) fair housing seminars and outreach events for a total of (60) individuals at $340 per event ($1,360.00). Eighteen (18) clients will be represented through enforcement/discrimination activities at $480 per case ($8,640.00). City of Boynton Beach fbjective #1 — To conduct a minimum of four (4) fair housing seminars or outreach ,-vents** annually for Boynton Beach residents, housing industry groups (including 2 -td grouns. "Events will beconducted through ZOOM .. . . ........ . . . . . . ......... . ....... .............. . ...... Objective #2 — To implement an outreach campaign to inform persons with disabilities, their support organizations, and service providers of their rights under local, state and federal fair housing laws. _ . . . ........... . ............................... Objective #3 — As required by HUD, to collect and maintain statistics on the race, ethnicity and income of the households served by Legal Aid's fair housing education seminars. . . . ...................................................... . . ....... . . ....... . . . ... . . ...................... ......................... _11_,__Miml . . . .............. . ..... . .... Goal 2: To provide fair housing enforcement activities to the residents of the City of Boynton Beach Objective #1 —To provide a minimum of eighteen (18) units of unduplicated fair housing enforcement, landlord tenant counseling and foreclosure representation services for Boynton Beach residents. ........ . . . . . ................... . . . . ..... . Objective #2 —To operate a telephone hotline that will provide the public with: a ) information for victims of housing discrimination b) Referral services to file complaints and seek redress; and c) Affordable housing and housing related referrals. ........ . .. . ........ . ...... _66je ve#3—As required by HUD, to collect and maintain statistics on the race, ethnicity and income of the households served by Legal Aid's fair housing enforcement, landlord tenant counseling and foreclosure representation programs. .......... iim;�;�; ................ . . ... . ...... . Page 809 of 1207 Revised Project Budget Please list applicant's anticipated expenditures, detailing requested funds and applicant's matching funds. Please place C=Cash, S=Sweat Equity, O=Other Grants, D=Donations beside each amount under "Applicant's Match" to denote the type of match being used. Line item CD Funds Applicants Other Project TotalProJect Requested Match Funds Bud t _ ADMINISTRATION: Personnel (# _....�.,,, a ��, { ._...._ ......... „ Payroll Taxes.....__.___" Employee Benefits � .. ....... Office Supplies f—__ .......... Copy Supplies .. Postage _ .. __....._ _ - __ .... ....... ................ .. ._..__ ,,, m.... _ Telephone .__..... .__ ...___............. ............ -- Promoti................................... ................................................... _ .___.......... ...._....................... ................. ..... _.... _. Professional Services . � �.�.,. ,,.y. Vehicle Fuel/Mileage ............__ _____.. .. ______w — ----------- Other: (Insurance, etc.) ___..................................... ____.._ .................................... PROGRAM: _...__ ....... Acquisition Reco. ...... ......... .... .. ....... _.. ......... Rehabilitation Installation .. Other: $10,000.00 $5,696.00 $358,554.00 $374,250.00 ................___._.__ TOTALS __ ................... $10,000.00 $5,696 00 $358,554 00 $374,250 00 Page 810 of 1207 FY 2020-2021 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF BOYNTON BEACH and AIDS TO VICTIMS OF DOMESTIC ABUSE INC. THIS AGREEMENT entered into this day of 20 is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and AIDS TO VICTIMS OF DOMESTIC ABUSE, INC. hereinafter referred to as "the SUBRECIPIENT," having its principal office at 970 N. Seacrest Blvd., Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 27-3550271. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG' means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements 1.6 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Department of HUD. 1.7 "24 CFR Part 570" refers to the Section of the Code of Federal Regulations pertaining to the U. S. Department of HUD. 1.8 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on Page 811 of 1207 producedadvances of federal funds or royalties received as a result of patents or copyrights grant. and M', t,"ncome" means r, household whose income is within specified income.. 1.10 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. onexp able Personal P ,fes means tangible physical) personal property ofvalue ofA 500 M consumable , iX ture, with+F, integral or more per item, with a normalexpected life of one or more years, not fixed in place, and not an facilityor anotherpiece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpenclable AgreementThe purpose of this covenants1 conditions under which th*,SUBR, , , implement .,x.. payable3.1 The maximum amount by the CITY under OneForty-Nine is expressly understood and agreed by the Parties that the funds contemplatedb this Agreement originated from federal CDBG funds and funding is contingent upon approval of funding by HUD. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBIRECIPIENT by CITY that have not been approved d funded by HUD. 3.2 The CITY will be invoiced by the SUBRECIPIENT on 4 reimbursementbasis,and willdisburse payments once per quarter unless there is a weeksmutual agreement otherwise. Bills shall be submitted by the SUBRECIPIENT at least two advance and will be paid i appropriate and statusand beneficiarypor - are r athe invoice. 3.3 Payment . ,l be contingent upon timely receipt of accurate and M, plete reports and records required by this Agreement. Page 812 of 1207 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures being involved. 3.4 Release of funds is subject to thea r al of the Director of Community Improvement, ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2020 to September 30, 2021. ARTICLE V SUSPENSION AND TERMINATION 5.1 Term i Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, 4L submittal of materially incorrect or incomplete reports, t. failure to comply with any additional conditions that may be imposed by HUD. W.2 Termination for Convenience 9LCit S—, The CITY may terminate this Agreement witho cause at any time by giving at least ten (10) working days' notice in writing to t SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, t SUBRECIPIENT will be paid for allowable services performed under Article 11 of th Agreement until the effective date of the termination. I W- 3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI Page 813 of 1207 6.1 The SLIBRECIPIENT agrees o retain supporting documentation relat:g to activities funded by this Agreement for a period of five years after the termination of the Agreement. 111111111 IF Lip rI' .rk,I The SSIBRECImErw shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities, The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be p by CITY prior to being - ARTICLE IX GENERAL CONDITIONS 9.1 Budget Requirements:SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering d System forw;! Management f complydatabase, as set forth on 2 CFR Part 2,. and the Federal Accountability and Transparency Act. As set forth at 2 CFR Part 170. 9.2 Federal, State Qount�Land CITY Laws and-Rpgulations: The SUBRECIPIENT shall applicable provisionsof applicable federal, state, County,and CITY laws, color,regulations and rules, including OMB A-122, OMB A-21, OMB A-133. N or nationalo' Order 1124 as amended eq ,, . equal . l p and Policy, amended o„ Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy Page 814 of 1207 The SUBRECIPIENT shall report its complianceSection 504 of the RehabilitationAct whenever so requested by the CITY. The SU BRECI PI ENT shall complyapplicable requirements of the Americans with Disabilities(ADA) o: 1990, including, limited to, those provisions p o program r,, aM, a",1Y communications, access to facilities, renovations, and new construction. 9.3 Other Pro La_ : The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 C;FR Subpart K, except that: a The SUBRECIPIENT does noaenvironmental p o describedat 570.604, and 4 SUBRECIPIENT does not assumeresponsibility r underreview process # o 4 CFR part 52. that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To thegreatest feasible extent,lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial tau, !„residingprojectareas a , be awarded o, a” connection with the ,' 9.5 Evaluation a agrees *carry periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned. o activity scheduling,budgets, ,;y r outputand SUBRECIPIENT agrees to furnish upon request and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of theCITYbyHUD. The SUBRECIPI ENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or r, D . 9.6 Audits: Nonprofit organizations that expend $750,000 or more annually in federal awar shall have a single or program specific audit conducted accordance with OMB A-113 Nonprofit organizations that expend less than yy annually in federal awards sh be exempt from an audit conducted in accordance with OMB A-1 33, although their recor must be available for review. These agencies are required by the CITY to submit "reduc scope" auditsfinancial performanceEach aF d , shallcover period of not more than 12 months and an audit shall be submitted covering each assist period until all the assistance received from this agreement ybeen reported on. A co of the audit report must be received by the CITY no later than six months following ea audit period. accountingThe SUBRECIPIENT shall maintain all records in accordance with generally accepted „ principles, procedures,and „ and properly reflect allrevenues and expendituresprovided directly or „indirectlye CITY i pursuant to r terms agreement. Page 815 of 1207 records7 iUniform Administrative Reauirements: The SUBRECIPIENT agrees to maintain books, and documents in accordanceand practices whi& sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrativerequirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A-1 10, as implementeda 24 RPart84,"UniformAdministrative Requirements and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profil Organizations." Principlesb. OMB Circular A-122 "Cost y Non -Profit and unallowable costs appears in Attachment B), c. Applicable l 24 CFR 570.502. 9.8 Lobbying, Prohibition: The SUBRECIPI ENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of a agency, 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 Agreement, the making of any federal grant, the R of any a ,"'",aloan,ter. , g into o .ncooperative Agreement, a grant,nd the extension, continuation, renewal, amendment, or modification of any federal Agreement, a or cooperativeAgreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federa' appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, ar, with this federal Agreement. 'Section9.9 w allSection requirements +„ ,cd through this Agreement.n Section 3 is available efromupon »y SUBRECIPIENT following, referred to as e Section 3 Clause,every solicitationevery contract every Section 3 covered project: Section 3 Clause a. The work to be performed uder this agreement is subjectrequirementso Sectionand a " Development Act of 1968, agreement,1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this ;, agreement certifyare regulations.other impediment that would prevent them from complying with the Part 135 " Page 816 of 1207 c. The SUBRIECIPIENT agrees to send to each labor organization or representative workers with which the SUBRIECIPIENT has,r collective 11 a ng Agreement �,.. representativeother understanding, if any, a notice advising the labor organization or worke +B R commitment under a , will work site where bo employees and applicants for training and employment positions can see the notic The notice shall describe the Section 3 preference, shall set forth minimum numb !I copies of �, t, conspicuous places .. and job titles subject to hire, availability of apprenticeship and training pos. t ons, th qualifications for each, and the name and location of the person(s) taking applicatio for ao, the positions, and the anticipated date the ;o'; shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every Subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section a finding that the subcontractor is in violationof the regulations wherein 24 CFR Part 135, The SUBRECIPIENT will not subcontract with any subcontractor the SUBRECIPIENT has notice " knowledge ledg athe subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify it any vacant employment training y positions, are filled after SUBRECIPIENT is selected 'A d ,if the contract is executed and (2) with persons other than those to whom e regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the r obligationsfCFR ., f. Noncompliance sanctions, termination contract o default, and debarment suspension from future HUD assisted contracts. 6. 10 Insurance: The SUBRECIPIENT shall furnish to the CITY, C/o the Community Improvement ,a +.- certificate(s) of insurance evidencing that �Attachment C. meets requirements the shall5.11 ProDertv: Any real property under the SUBRECIPIENT's control that was acquired 'M improved in whole or in part with CDBG funds received from the CITY in excess of $25,0 be a fl„d to meet one of the ,M B national objectives required by and defined 24 CFR Part 570.208 for five years following the expiration or termination of th agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT sh pay to the CITY an amount equal to the market value of the property as may determined by the CITY, less any proportionate portion of the value attributable Lwf expenditures y acquisition of, or improvement to, the propert Reimbursement is not required after the period of time specified in Paragraph 9.9.a. above. property or improved Any real whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed o, at the expiration or termination of this contract, in accordance with instructions from th, Page 817 of 1207 The I and , as in its sole a absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 PDlig2glM In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar daysof receiptand so advise the CITY and the SUBRECIPIENT,r event additional necessary,time is <Rperiod additional* y The SUBIRECIPIENT agrees that the City Manager's determination shall., final and binding on all parties. SUBIRECIPIENT shall complywith all public records laws in accordance with Chapter 119, Fla. y 4 ance with state law,IRP agrees a) Keep and wordinarily a'",17 necessarily would be required 4 the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not costs provided , ,�, �, , o, aprovided d ! , law.exceed C) Ensure that !Erds that are exemptor a, and exempt frompublic records disclosure are not disclosed except as authorized by law. Meet all requirementspublic recordand transfe CITY all of at Page 819 of 1207 contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided a format +compatible information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being „*"r* to the SUBRECIPIENT. If SUBIRECIPIENT doesnot contract provisions in accordance with the contract and may unilaterally cancel this contract in da..ce with staa" SUBRECIPIENT aware thatIf General l o" Palm Beach County has the tuthority to investigate and audit matters relating to the negotiation and performance ot this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in to all other remedies n .,. provided �" *. oB;' additionP materialcooperate with the Inspector General when requested may be deemed by the CITY to be a * Agreement. Page*- Page 820 of 1207 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this dayof ,.�.,,.,�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 20�. WITNESSES: By: Print Print . . STATE OF FLORIDA COUNTY OF PALM BEACH Title The foregoing instrument was acknowledged before me this day of 20 by._.m.:..:.:... Personally Known _ OR Produced Identification _ Type of Identification Produced Seal NOTARY PUBLIC Signature Print ATTEST: CITY OF BOYNTON BEACH, FLORIDA City Clerk Mayor Approved as to form: City Attorney Page 821 of 1207 Aid to Victims of Domestic Abuse, Inc. Itemized Budget and Scope of Services City of Boynton Beach CDBG Grant Fiscal Year 2020-2021 Itemized Budget Scope of Services PROVIDE COMMITTO CHANGE'S 9 -SESSION PRIMARY 500 STUDENTS; 60 FROM MUNICIPALITY OF BOYNTON PREVENTION PROGRAMMING WITH COMMUNITY BEACH IMPACT PROJECTS P ........ ..............m. �_,_.. ROVIDE SECONDARY PREVENTION TION DATING VIOLENCE 1,500 STUDENTS; A MINIMUM OF 100 FROM THE AWARENESS PRESENTATIONS MUNICIPALITY OF BOYNTON BEACH PROVIDE SAFETY PLANNING � ALL STUDENTS ATTENDING PRESENTATIONS ASSESS. EFFECTIVENESS OF PROGRAM STUDENT EVALUATION, OBSERVATION, STUDENT PRE- POST SURVEYS Page 822 of 1207 FY 0-202,1 COMMUNITY, DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF BOYNTON BEACH and PATHWAYS TO PROSPERITY, INC. THIS AGREEMENT entered into this day of 20 is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and PATHWAYS TO PROSPERITY, INC. hereinafter referred to as "the SUBRECIPIENT," having its principal office at 970 N. Seacrest Blvd., Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 27-3550271. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1 Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements 1.6 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Department of HUD. 1.7 "24 CFR Part 570" refers to the Section of the Code of Federal Regulations pertaining to the U. S. Department of HUD. 1.8 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on Page 823 of 1207 ,vdvances of federal funds or royalties.received as a result of patentsor copyrih produced grant. 9 "Low- and Moderate -Income" means a household whose income is within specified 1.me limits set fo" a. "�keal Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable PersonalProperty" a', an ", h n. physical) personal property facilityof a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a or another piece of equipment. property.d. "Expendable Personal Property" means all tangible personal property other than nonexpendable The purpose of this Agreement is tII. state the covenantsand conditions +1under which the SUBRECIPIENT will implement the Statement of Work set forth in Article 11 of this agreement. A�*�TIGLE Moil M1,11111*111 ------- ARTICLE MV W 3.1 The maximum amount payable by the CITY under this Agreement will be Thirty -Nine Thousand ;." �a "" D » 00 �. IIressly understood i..4, agreed this Agreement gd from federalD" and funding is contingent upon approval of funding by HUD.B R " agrees full, all funds remitted to SUBRECIPIENT by CITY that have not been approved and funded 3.2 The CITY will be invoiced by the SUBRECIPIENT for" expenses On a reimbursement basis, and will disburse payments once per quarter unless there is a mutual agreement otherwise. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this " Page 824 of 1207 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures being involved. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2020 to September 30, 2021. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Sus pension of Payments/Agreement for Caused If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of themmSUBRECIPIENT; At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS Page 825 of 1207 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS" 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 2,. and the Federal Accountability and Transparency Act. As set forth at 2 CFR Part 170. 9.2 Federal„ State County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. Page 826 of 1207 The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever 4 requestedthe CITY. The SUBRECIPIENT shallcomply limitedrequirements of the Americans with Disabilities Act (ADA) of 1990, including, but not 1 those provisionspertaining program o, communications, access to facilities, renovations, and new construction. 9.3 Other Program Reguirements: The SUBRECIPIENT shall comply with all federal laws and regulations pertaining M environmental str, # a , d described in 24 CFR Subpartexcept a. The SUBRECIPIENT does notthe onmental responsibilities described 1 1 e SUBRECIPIENT does not assume the CITY's respon initiating provisionsreview process under the , 9.4 Opportunities for 4r M ,r �" •" �'r` !"�` �'' personthat no grounds r origin, excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents id the l project I%'" areas , nF be given business opportunities for training �{., employment; +f greatest #' * located owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.5 Evaluationand 1 ale ring,- The SUBRECIPIENTagrees that the CITY will carry out continuationperiodic monitoring and evaluation activities as determined necessary and that the and/or *, * *i of this Agreement uponsatisfactory evaluation conclusions. Such evaluationsbased * d n the termsof Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD.o monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or 9.6 Audits: Nonprofit organizations that expend $750,000 or more annually in federa awa shall have a single or program specific audit conducted accordance with OMB Nonprofit be exempt from an audit conducted in accordance with OMB A-1 33, although their organizations a" expend a, $750,000 annually * awards I�, period. must be available for review. These agencies are required by the CITY to submit scope" audits (e.g., financial audits, performance audits). Each audit shall cover a tj period of not more than 12 months and an audit shall be submitted covering each period until all the assistance received from this agreement has been reported On. A co of the audit report must be received by the CITY no later than six months following ea udit The *' pursuantaccounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY 4 v Page 827 of 1207 records6 7 Uniform Administrative Realgirt-mi-nN: The SUBRECIPIENT agrees to maintain books, and documents ance with accounting proceduresand Practices sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. wrequiredcomplyMc ' A uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A-1 1 as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreementsof Higher Education,Hospitals and Other Non -Profit Organizations." b, OMB Circular A-1 22 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 2a CFR 570.502. The SABRECT0"IENTappropriated funds .,_ve been paid or will be paid, by or on behalf fl',., ed to any person for makinginfluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the e,aloan,of any l er . Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds + ' been pa. or will be paid to any e # or attempting to influence a officer or employee of any agency, a Member of employeeofficer or .f Congress,or an employee of a Member of Congress with this federal '4 e 6.9 'Section 3 Reggirpmt-nts., The SlIV-1,ECP�101T agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every Contract for project:every Section 3 covered SectionM- moi. The work performed under this agreement requirementsO feasible,Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent directed i,low-and very low-incomepersons,particularly persons who are recipients o HUD assistance for b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part o As evidenced contractualagreement, the parties to this agreement certify that they are under no or other r" ' +: would prevent themcomplyingPart 135 regulations. Page 828 of 1207 c. The SUBRIECIPIENT agrees to send to each labororganization or representative workers with which the SUBRIECIPIENT has a collective bargaining Agreement other understanding, if any, a notice advising the labor organization or worke representative of the SUBRIECIPIENT's commitment under this Section 3 clause, an will post copies of the notice in conspicuous placesbo employees and applicants forN and employment positionsa " noticeshalldescribe tpreference, i numb and N availability apprenticeship training 11` , q R and .11f , a location o. the person(s)t % application rNN, atN, for a ' �o and y anticipated M, nN da thework shall begin. 1 d. The SUBRECIPIENT agreesto Section severyN w ct subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section +n upon a finding that the subcontractor is in violationof the regulations in 24 CFR PartSUBRECIPIENT not subcontractsubcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. ,,. SUBRIECIPIENT will certify, ,G any vacant ,:i employment training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities MI be directed, were notfilled to circumvent the UBRobligations nde 4 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of Nntract for default,a,ment or suspension from assisted contracts. 9.10 Insurance: The SUBRECIPIENT shall furnish to the CITY, M1 the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 1e. 11 Property: Any real property under the SUBRIECIPIENT's control that was acquired improved in whole or in part with CDBG funds received from the CITY in excess of $25,0 shall be ` by a. Used to meet f CFR 570.208 agreement, or for such longer period of time as determined by the CITY; or b. Not used to meetnational objective, in which case the pay to the CITY an amount equal to the market value of the property as may determined by the CITY, less any proportionate portion of the value Mt expenditures of non-CDBG funds for acquisition of, or improvement to, the propert Reimbursement is not required after the period of time specified in Paragraph above. Any real property under e i ce, ` controlhat N acimprovedwhole or in part with CDBG funds from the CITY for $25,000 or less shall be c' s pose o,at the expiration or termination of this contract, in accordance with instructions from th'., Page 829 of 1207 All «', propertypurchased 11; in part• , " , o agreements with the CITY, or transferred to the SUB R whole or in part with funds from the CITY, shall be listed in the property records of t SUBRECIPIENT and shall include a legal description, size, date of acquisition, value , value ,e of acquisition, ,r marketaddress or location, owner name if different from the SUBRECIPIENT, information on the transfer or disposition the property, and map. The property records shall describe the programmatic purpose 0'' which the property was acquired and identify the CDBG national objective that will be mf If " propertywas # ,,;i, the records shall describe r programmaticpurpose which the improvements were made and identify the CDBG national objective that will t - '001r, TOR I-1L#1r'&Qt1LQ 6*91 ie +f I ALI INFIT111M , *' ♦ , ..I 1', , wI w, and information on transfer, replacement, or disposition of the property - The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant terms of this agreement. The SUBIRECIPIENT shall dispose of all such property in accordance a4„ the CITY. Thoseions may qi all such property termination1.12 Reversion of Assets: The 81,WxECV1IENT shall return to the CITY, upon expiration 0-1 of this Agreement,all t a result 4„ this Agreement, including, but not limited to any funds on hand,o+,, +r l attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT SUBRECIPIENT shall within 30 days of expiration or termina i Agreement execute any and a , , documents as qud by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement al kr, retained by the CITY. shall55. 13 Conflicts with If any provision of this agreement conflicts with ar — applicable law or regulation, only the conflicting provision shall be deemed by the parti hereto to be modified to be consistent with the law or regulation or to be deleted modification is impossible. However, the obligations under this agreement, as m difie continue and s * 1: agreement! remain* " n,* 5. 4 Renegotiation or Modification:d, o of provisions AI of the agreement shall be valid partiesonly when in writing and signed by duly authorized representatives of each party. The agree to renegotiate this agreementdetermines,A and absolute that federal, State .",d/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement Page 830 of 1207 9.15 Right to Waive: The CITY may, forIli and sufficient . as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. , 'er requests fromSUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 15. 16 Disputes: In e event an unresolved dispute exists between , 7T , „ ,'. and ,yin CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event T, necessary,time is notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. +-I T s c aims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that d provide for the records and at a cost thatdoes exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that a,*exempt or confidential and exempt public records disclosure are not disclosed }, as #k', i Meet all ! } 4" If If records a ntransfer,at IY the CITY all records in possewC of the SUBRECIPIENTat the terminationof the Page 831 of 1207 contract and destroy any public records that e., exempt or confidentiald exempi from public records disclosure requirements, All records stored electronically mus] be provided to the CITY in a format that e with the information technology systems of the CITY. All recordstransferred the 4711 section,If SUBRIECIPIENT does not comply with this the CITY shall contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. SUBIRECIPIENT aware eGeneral oPalmBeach has the authority to investigate and audit matters relating to the negotiationand performance of this Agreement, and Tdemand andobtainrecordsand testimony from SUBIRECIPIENT. SUBRIECIPIENT„ and agrees addition to all other remedies and d consequencesae failure of SUBIRECIPIENT ... fully cooperateith d by CITY be material breach of this Agreement. Page 832 of 1207 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 20_. WITNESSES: By: Print STATE OF FLORIDA COUNTY OF PALM BEACH Title The foregoing instrument was acknowledged before me this _ day of _ _ 20 , by.._ ............................. Personally Known _ OR Produced Identification _ Type of Identification Produced Seal NOTARY PUBLIC Signature Print ATTEST: CITY OF BOYNTON BEACH, FLORIDA ... By: City Clerk Mayor Approved as to form: City Attorney Page 833 of 1207 SCOPE OF WORK 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT BOYNTON BEACH Agency Name: Pathways to Prosperity, Inc. Program Name: Circles Palm Beach County Overview: Circles Palm Beach County is an initiative that creates the framework for people to build intentional relationships across economic and class lines with the goal of ending poverty in their community. Services: Circles provides a comprehensive program for people who are willing and ready to move out of poverty. Through a 15-18 week Circles Training Class, goals and future plans are mapped out and coupled with tools to secure and retain better jobs. We also assist clients with emergency assistance (i.e., rent, utilities, etc.) and/or connect with community resource to meet need. Once people complete the class, they are called Circle Leaders and are matched with two community volunteers (middle to upper income individuals) known as Allies. Circles provides weekly meetings that Circle Leaders attend until they have reached their goals. The following is our structure: I. Recruit and Train Circle Leaders Circle Leader Recruitment The Circles Coordinator along with the Circles Coach and Guiding Coalition members arrange meetings with organizations that they see as likely sources of referrals. This might be staff members within their own organizations, faith -based organizations, Department of Human Services, Head Start, public school system, low-income health clinics, etc. In later phases, Circle Leaders themselves often become the most powerful source of referrals. The Circles Coordinator then contacts each referred individual to clarify the expectations of a Circle Leader and, if appropriate, schedule the interview with the Recruitment Team (Guiding Coalition members, Community Members and Circle Leader graduates). Circle Leader Training Circle Leader training is intended to develop an aspirational culture among participants, so that they can begin to see themselves as leaders who can spearhead positive change in their own lives and for their community. The Training consists of 11 modules and usually takes 15-18 Page 834 of 1207 weeks. The training tools include understanding the process of change, setting and achieving SMART goals, understanding foundational finance concepts, exploring culture and diversity in order to build healthy relationships and participating in Big View Meetings. II. Recruit and Train Allies Ally Recruitment The Circles Coordinator along with the Circles Coach and the Guiding Coalition Recruitment Team arrange meetings with their business associations, acquaintances, social contacts, contacts in their faith community, or neighborhood connections, and present the invitation to commit to working to end poverty in the community. This team also recruits from service clubs, medical community, retired professionals, service providers, etc. Facilitating Poverty Simulations for these various groups also proves to recruit committed volunteers. The Circles Coordinator then contacts each referred individual to clarify the expectations of an Ally and invites them to an Ally orientation where they can learn more about the Circles initiative, meet Circle Leaders and members of the Guiding Coalition and decide how and if they want to be involved. Ally Training Becoming a Circle Ally usually leads to a transformation of self that is usually not expected or anticipated by the volunteers. So, the hardest work for most Circle Allies is letting go of preconceived notions about why people are poor or having to face one's own fears about becoming poor. Allies typically progress through a five-step training series. The series includes what is poverty and why does it exist, leadership mindset and skills, healthy relationships and communication, community change and participating in Big View. III. Weekly Meetings Weekly Community meetings are the heart of Circles. They are a key place where relationships are built, interactions across class lines occur, and people become part of community. One of the Circles Commitments is that the initiative hosts a weekly meeting open to Circle Leaders and Allies. The purpose of these meetings is to build community, peer support, and provide a weekly focus on attaining self-sufficiency. Weekly meetings include a meal, childcare and/or youth program, and content for adults that is relevant to all in attendance. Weekly meetings are also a model of community and reciprocity. One of the important ways we do this is by providing people with a structured opportunity to contribute to the smooth running of the meeting. Page 835 of 1207 IV. Match Circles Experience has shown that the best matches between Circle Leaders and Circle Allies are based on common interests. This makes sense when we remember that the goal is to build relationships across class lines. Circles is a structured and supportive approach for people to befriend each other. Focusing on shared interest moves everyone out of the fixing or helping mode and into the "let's be friends" mode. At the first orientation for both Circle Allies and Circle Leaders, an interest survey is distributed. Once the survey is returned, the Circles Coach can assist with matching the Circle Leader with Allies in one of the key areas of the Circle Leader's plan. Matches are made according to family circumstances, strengths and interests. V. Monthly Big View Meetings Big View meetings, which are used for community awareness and action, typically begins 1-2 years after Circle Leaders and Allies have been involved in Circles. A key component of Circles is intervening at both the individual and community level to end poverty. By facilitating and supporting intentional relationships across socioeconomic lines, we build a community of caring people who want to end poverty. Community members who have been prepared through a series of orientations are organized into Circles around families working to get out of poverty. These families have also received orientation and made commitments to leadership development, community involvement and reciprocity. People organize into teams to take on obstacles that one Circle cannot tackle alone, such as lack of living wages, affordable housing, affordable child care, and affordable transportation. This is Big View. Page 836 of 1207 E. PROJECT BUDGET Please list applicant's anticipated expenditures, detailing requested funds and applicant's matchingfunds. Please place C=Cash, S=Sweat Equity, O=Other Grants, D=Donations beside each amount under "Applicant's Match" to denote the type of match being used. Line Item CD Funds Applicant's Other Project Total Project ��... Requested Match Funds ........... Budget ._...... ADMINISTRATION: Personnel (# 5 ) ,, 39,847.00 169,425 209,272 Payroll Taxes Emplo. .....,,,,. _ ... Office Supplies .........._ . ______�_______ ___,_,,,,,,,,,, 5,130 5,130 Copy Supplies 4,000 4,000 Postage ... 1,250 1,250 Telephone 1,800 1,800 Promotional 5,750 5,750 _ Professional Services ____.._...., _.......... ... „ 15,000 15,000 �....__...�.........______- ... _ Vehicle Fuel/Mileage _ - — � ........ .,... ... ... ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 5,908 5,908 __ Other: (insurance, etc) .................... ........ 90,9740,9 9 74 PROGRAM: --- --------��n,,, Acquisition Ar.... Reconstruction Rehabilitation I ---- . .... ��- .. Installation �. a . ,,,,,,,,, Other: ... .. ... ... _ ... $39,847.00 $338,078 ___ $377,5 92 TOTALS Page 837 of 1207 FY 2020-2021 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT between CITY OF BOYNTON BEACH and BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATI ON THIS AGREEMENT entered into this day of 20_ is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and BOYNTON BEACH FAITH BASED COMMUNITY DEVELOPMENT CORPORATION hereinafter referred to as "the SUBRECIPIENT," having its principal office at 970 N. Seacrest Blvd., Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 27-3550271. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements 1.6 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Department of HUD. 1.7 "24 CFR Part 570" refers to the Section of the Code of Federal Regulations pertaining to the U. S. Department of HUD. Page 838 of 1207 1.8 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 9 "Low- and Moderate -Income" means a household whose income is within specified income limits set forth by HUD. 1.10 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property' means tangible (i.e., physical) personal property of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be ONE HUNDRED Thousand Dollars and 001100 ($100 000.00). The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be ONE HUNDRED Thousand Dollars and 001100 (L,100,000.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal CDBG funds and funding is contingent upon approval of funding by HUD. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that have not been approved and funded by HUD. 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments once per quarter unless there is a mutual agreement otherwise. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. Page 839 of 1207 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit the following t, ,, Quarterly Progress Report. b. All back up original documentation relating to the expenditures being involved. 3,4 Release of funds is subject to the approval of the Director of Community Improvement. ARTICLE I TERM OF AGREEMENT The term of this Agreement shall be from oto e , 2020 to September 30, 2021. NETSUSPENSION L 5.1 Term ination/Susl. If through cause arty sh, " Wr fulfill in timely and proper manner its obligationsder this Ar or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in parttermination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the GITT shallwriting the actions that must be taken by the SUBRECIPIENT as a conditiono resumption of payments include,specify a reasonable date for compliance. Sufficient cause for suspension of payments shall r ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, ,C submittal of materially incorrect or incomplete reports, -. failure to comply with any additional conditionspD.. 5.2 Termination ; / / eCITY may terminate this Agreement witho ;I cause at any time by giving at least ten (10) working days' notice in writing to t SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, t SUBRECIPIENT will be paid forallowabler, +, p Article Agreement 11 of th +effectivedate r io 5.3 Termination for Convenience Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon terminati n, th, SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and d Ilk the date +r ARTICLLE VI Page 840 of 1207 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit Upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 2,. and the Federal Accountability and Transparency Act. As set forth at 2 CFR Part 170. 9.2 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. Page 841 of 1207 workersThe SUBRECIPIENT agrees to send to each labor organization or representative of ith SUBRECIPIENT has s collective bargainingAgreement other understanding,a,,; a notice advising the labororganization representative of the SUBRECIPIENT's Section employeeswill post copies of the notice in conspicuous places at the work site where both n applicants g and ," + positions noticeThe r b" the Section 3 preference, and ehire, availability of apprenticeshipand training positions, qualifications for each, and the name and location of the person(s) taking applications o, each of the positions,and the anticipated date the work shail begin. 1 The SUBRECIPIENT agrees to includeo. 1 subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge been found in violation of the regulations( Part . t. The PIENT will certify that e vacant employment positions, circumventtraining positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to B"'"" , I obligations un(r, i CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in r, termination afor default, and debarment or sus," ,o,r from future HUD assisted contracts. 9.10 Insurance: , The SUBRECIPIENT shall i1GCommunity outlinedImprovement Department, certificate(s) of insurance evidencing coverage that meets the requirements in Attachment 9.11 ' ;' real property under the SUBRECIPIENT'sa was acquired 4. improved , 4,e or in part with CDBG funds received from the CITY in excess of $25,00() shall rs Used to meet .. of thethree CDBG national b d defined in 24 CFR Part 570.208 for five years following the expiration or of this termination I� longer period A as determined by the CITY; or 1 , SUBRECIPIENT b. Not used national o', cerr ,T e shall pay to the / an amount equal property Y4,. determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the Reimbursement is not required after` period ! p^ Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in partB ,;, funds from the CITY for $25,000 or less shalldisposed at the expiration or termination of this contract, in accordance with instructions from the Page 844 of 1207 All real property purchased in whole or in part with funds from this and previo ai r• w +; �: � whole or in a' „d " o" CITY,„a, �” " d fie" o d SUBRIECIPIENT and shall include a legal description, size, date of acquisition, value time of acquisition, acondition,d, ' location, name if differentoBRECIPIENT, information on the transfer or disposition se the property, and map. The property records shall describe the programmatic purpo e f which the property ,s acquired and identify the CIDIBGnational oa that will be rn If the property was improved, the records shall describe the programmatic purpose f which the improvements were made and identify the CDBG national objective that will Nil nonexpenclable personal property purchased in whole or in part with funds from this and previous agreements g y(eh" .rte shall ,ai be listedin the Property �.e e,od', �i :. description the SUBRECIPIENT and shall include a manufacturer's a E date acquisition, acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpenclable personal property purchased in whole or in part with funds given to the terms of this agreement.B" a, dispose of all such property accordance with instructions from the CITY. Those instructions may require the return of all such property 9.12 Reversion Assets: The SUBRIECIPIENTto the CITY, upon expiration ination of Agreement, assets owned or' held as x result of this Agreement, unearnedincluding, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to or ., of 4. disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate assets. Any funds not earned, provided fo , by the SUBRECIPIENT prior e expiration ' of this Agreement a be r", +d by the CITY. 9.13 Conflicts with A' 2licable Laws- If any provision of this agreeconflicts applicable a or +M la "o', only provision shall be deemed by the parties hereto to be modified to be consistent with ",; or regulationbe deleted modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreementa and effect. 9.14 Ren Notiation or Mp,_,dification: Modifications of provisions of the agreement hall be valid only when in writing and signed by duly authorized representatives of each party. ThQ parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, „e federal, State and/or of any applicablelaws11' regulations, or increasesdecreasesbudgetallocations make changesagreement necessa Page 845 of 1207 waiver9.15 Right to Waive:, The CITY may, for good and suiTicient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such appropriate authority. Waiver requestsSUBRECIPIENT shallbe in writing. Any waivero*. construed to be w modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBIRECIPIENT and the pw CITY shall* e questions,parties d recommendationthe o the City Managerdetermination- Manager, or an authorized representative,determination within 30 ca, l+a; determinationdays of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBIRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's shall be finaland binding on all pa IU[ itUH []III IUdLIQ1J plFbIl.dFIL ' it 1.111b( ,. * ,,, .r +, M Or otne ise resolved; ,i any amount 1 shall not be subjecto payment * by CITY. If SUBRECIPIENT uses a subcontractor, SUBIRECIPIENTshall,econtract, subcontractors to agree to the requirements and obligations of this Section 9,15, MI-HanM7MOM S#VRECk*IEr1-r shall complywith all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBIRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by ,, e CITY. ) Provide the public with access to public recordson the same terms and conditions that I provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exemptconfidential a" exempt ,-."o", public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY * ords in possession of the SUBRECIPIENTtermination a; Page 846 of 1207 contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.19 Ins ector General: SUBRECIPIENT 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 Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. Page 847 of 1207 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 20_. WITNESSES: By: Print Title Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of w „ _ yy „, 20`, by........................ ............ .----- Personally Known _ OR Produced Identification _ Type of Identification Produced Seal NOTARY PUBLIC Signature Print ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney Page 848 of 1207 BOYNTON BEACH FAITH BASED CDC City of Boynton Beach CDBG Grant Fiscal Year 2020121 Budget and Scope of Services Itemized Bud et Executive Director --------- $20,000.00 HousingManager............................................................................................. 15,000.00 Homebuyer Coordinator..................................................................................... 30,000.00 Accounting------ Benefits/FICA Medicaid Health Insurance -----------------------------25, 000.00 •----------------------------- 4,975.00 ----------------------------- 5.025.00 TOTAL................................................................................................. $100,000.00 Scope of Services A. Provide homebuyer counseling to minimum of 150 individuals. B. Provide quarterly (4) in-person homebuyer education classes to groups of perspective home buyers (in-person group class suspended due to COVID-19 pandemic). C. Commence and complete construction and sale of at least five (5) single family homes. D. Depending on availability, Identify, acquire, renovate, and sell or lease four (4) bank -owned (REO) properties to eligible homebuyers/individuals. E. Provide post -purchase counseling on "as needed basis" to existing home owners experiencing economic hardship to mitigate/reduce foreclosure and preserve homeownership. F. Assist at least five (5) "mortgage ready" buyers secure mortgage/financing and down -payment (SHIP) assistance if needed and available, to complete home purchases as first-time buyers. G. Provide supportive housing opportunities for at least twenty (20) individuals/families who are either chronically homeless or at risk of becoming homeless. H. Secure construction financing for new home construction project. I. Collaborate with other groups/agencies/individuals to foster relationships that reduce crime, empower and educate residents to build a stronger and more economically viable community. Page 849 of 1207 6.G. Consent Agenda 7/6/2021 Requested Action by Commission: Proposed Resolution No. R21-071 - Approve Award of Bid No. 022- 2516-21 for "Hydraulic Cylinders and Valve Parts and Repairs" and authorize the City Manager to sign a contract with Construction Hydraulics of Lake Worth, Inc. of Lake Worth Florida for an estimated annual expenditure of $65,000.00. Explanation of Request: Initial Contract Term: July 7, 2021 — July 6, 2023 Procurement services received and and tabulated one (1) proposal for the Bid Hydraulic Cylinders and Valve Parts and Repairs. It has been determined by staff to award the bid to Construction Hydraulics of Lake Worth, Inc., as the low bid. The low bidder is the City's current vendor and they have consistently provided quality and expedient service. The initial contract term is for two (2) years, with an option to renew for three (3) one-year terms at the same terms and conditions. How will this affect city programs or services? The Fleet Maintenance division will use this contract to provide service support to equipment for City departments such as Solid Waste, Fire Rescue, Utilities and Police. Fiscal Impact: Budgeted Fleet Maintenance - Account 501-5000-590.09-85 Alternatives: Reject bid and re -bid these services. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Page 850 of 1207 Contracts Vendor Name: Construction Hydraulics of Lake worth, Inc Start Date: 7/7/2021 End Date: 7/6/2023 Contract Value: $65,000 Annual Estimate Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Three (3) additional one (1) year terms are available for extension periods. Attachments: Type D IRESOlUltioin D Contract D Bid D Bid D fa b Sheets D I etteir Description IRESOlUltioin Aw."irding Contract to ConstirLACtion I llydiraUillliCS Of I ake Worth Vendor Signed Contract ConstirLACtion I llydiraUillliCS Of I ake Worth, Inc - Bid DOGLAirneint ConstirLACtion Il llydiraUillliGS Of I ake Worth, Inc - Bid SL.Jbirnitta�� Bid fl,.-"ibUl�atioin Sheet Bid INo, 022 2516 21 I llydiraUillliG Cyliindeirs and M. -"elves, IC lairts and Re%paiiirs I etteir of IIintent ConstirLACtion Il llydiraUillliGS Of I ake Worth, Inc - Page 851 of 1207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AWARD OF BID NO. 022-2516- 21 FOR "HYDRAULIC CYLINDERS AND VALVE PARTS AND REPAIRS" , AND AUTHORIZE THE CITY MANAGER TO SIGN A CONTRACT WITH CONSTRUCTION HYDRAULICS OF LAKE WORTH, INC., OF LAKE WORTH, FLORIDA FOR AN ESTIMATED ANNUAL EXPENDITURE OF $65,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Procurement services opened and tabulated one (1) proposal for the Bid Hydraulic Cylinders and Valve Parts and Repairs; and WHEREAS, it has been determined by staff to award the bid to Construction Hydraulics of Lake Worth, Inc., as the low bid; and WHEREAS, the low bidder is the City's current vendor and staff is satisfied with their work and their expedient service which is imperative to the Fleet Division; and WHEREAS, the initial contract term is for two (2) years, with an option to renew for three (3) one-year terms at the same terms and conditions; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to award Bid No. 022-2516-21 for "Hydraulic Cylinders and Valve Parts and Repairs" and authorize the City Manager to sign a contract with Construction Hydraulics of Lake Worth, Inc. of Lake Worth Florida for an estimated annual expenditure of $65,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the award of Bid No. 022-2516-21 for "Hydraulic Cylinders and Valve Parts and S:ACA\RESO\Agreements\Award Bid and Contract to Construction Hydraulics of Lake Worth - Reso.docx -1- Page 852 of 1207 32 Repairs" and authorize the City Manager to sign a contract with Construction Hydraulics of 33 Lake Worth, Inc. of Lake Worth Florida for an estimated annual expenditure of $65,000.00. A 34 copy of the Contract is attached hereto as Exhibit "A". 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this 6th day of July, 2021. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE S:ACA\RESO\Agreements\Award Bid and Contract to Construction Hydraulics of Lake Worth - Reso.docx -2- Page 853 of 1207 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONSTRUCTION HYDRAULICS OF • THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and CONSTRUCTION HYDRAULICS OF LAKE WORTH INC., hereinafter referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Vendor is retained by the City to provide labor, parts, and materials for the maintenance and repairs to its emergency diesel/propane power generators both portable and stationary and by-pass pumps located throughout the City of Boynton Beach. 2. SCOPE OF SERVICES. Vendor agrees to perform the services for the maintenance and repairs to the City's emergency diesel/propane power generators both portable and stationary and by-pass pumps located throughout the City of Boynton Beach, including the provision of all labor, materials, equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on July 7, 2021 through July 6, 2023. The City reserves the right to renew the agreement for three (3) one- year renewals subject to vendor acceptance, satisfactory performance as determined by the City, and determination by the City that renewal will be in the best interest of the City. An increase in cost of less than 2% for each extension may be approved by the City administration and does not require Commission approval. 5. PAYMENT. The Vendor shall be paid by the City for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: a. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. The Vendor may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. c. Final payment of any balance due the Vendor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Vendor's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. Page 854 of 120 Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS C-1 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Vendor in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Vendor's endeavors. 7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and City of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. & INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2,000.000 aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. ,DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON -WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. Page 855 of 120 Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS C-2 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Vendor. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: Brian Filipowski, President Construction Hydraulics of Lake Worth, Inc. 1320 South J Terrance Lake Worth, FL 33460 Contact # 561-585-6637 Email: sales@hydraulics.cc 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Firm. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07, The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the 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 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 Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS C-3 Page 856 of 120 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 QUESTIONS REGARDING APPLICATION OF CHAPTER FLORIDA STATUES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RECORDS:RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN BOYNTON , 33435 561-742-6061 GIBSONC@BBFL.US 20. SCRUTINIZED COMPANIES - 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 21. E -VERIFY 21.1 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. 1) Definitions for this Section: "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. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS C-4 Page 857 of 120 2) Registration Requirement; Termination,- Pursuant ermination: 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS C-5 Page 858 of 120 "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 same agreement among the parties. A facsimile signature shall constitute an original signature for all purpose." IN WITNESS WHEREOF, the parties have hereto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Attest/Authenticated: Crystal Gibson, City Clerk Approved as to Form: a James A. Cherof, City Attorney 20 CONSTRUCTION HYDRAULICS OF LAKE WORTH, INC. (SiWlnature), hp`riz Q Oy Printed Name of Authorized Official :-� "t Title Attest/Authenticated: Witne s WAM (Corporate Seal) Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS C-6 Page 859 of 1207( City of Boynton Beach Risk Management Department INSjjjANCE 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.) Thefollowing 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 orlower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability -------------------------------------------------------- Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos ---------------------------------------------- Excess Liability rUmbrella Form ---------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability ---------------------------------------------- Property: Homeowners Revocable Permit Builder's Risk Installation Floater --------------------------------------------------------- Other - As Risk Identified INSURANCE ADVISORY MINIMUM LIMITS REQUIRED General Aggregate $ Products-Comp/Op Agg. $ Personal & Adv. Injury $ Each Occurrence $ Fire Damage (any one fire) $ Med. Expense (any one person) $ Combined Single Limit Each Occurrence Aggregate Each Accident Disease, Policy Limit Disease Each Employee 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 50,000.00 5,000.00 Aggregate - $ 1,000,000.00 1,000,000.00 to be determined to be determined $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 300,000.00 Limits based on Project Cost Limits based on Project Cost to be determined Revised 04/2021 Page 860 of 120 THE DEADLINE FOR QUESTIONS CONCERNING THIS BID IS: MAY 18, 2021 (a- 2:00 P.M. TablenfContents .............................................................................................................. ScopenfServices ............................................................................................................. 1-2 BidSpecifications .............................................................................................................. 3-4 Instructions b»Bidders ........................................................................................ 5-0 General Conditions for Bidders ......................................................................................... . 7-15 Special Terms and Conditions ......................................................................................... 16-17 Bidders Submission Requirements ................................................................................... 1O Submittal OfGeneral Information, Procurement Forms and Documents To be Completed and Uploaded Online BidForm ........................................................................................................................... BidProposal ..................................................................................................... Bidder's Qualification Statement .----------------------------' Anti -Kickback Affidavit Non -Collusion Affidavit ...................................................................................................... Certification Pursuant toFlorida STATUTE @2O7135 ...................................................... EForm ................................................................................................... Draft Contract / Agreement ................................................................................... C -1—C-0 Insurance Advisory Form ...................................................................................... Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS TOC The City of Boynton Beach INVITATION TO BID FOR HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS BID No.: 022-2516-21 Electronic bids shall be received by the bidding system up until: May 28, 2021; No Later Than 2:30 P.M. (Local Time). All BID's received will be publicly opened and acknowledge of receipt. Bid's received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that bidder's allow sufficient time to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders. net. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach is seeking a qualified Bidder for the repair of malfunctioning hydraulic cylinders and valves and miscellaneous parts for mobile and industrial equipment. Parts and repairs include, but are not limited to, cylinders, controls, motors, pumps, valves, and/or components. Repairs and parts will be ordered on an "As Needed Basis". LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 1 PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.07, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this Bid are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. CITY OF BOYNTON BEACH Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 2 INVITATION TO BID FOR HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS BID No.: 022-2516-21 BID SPECIFICATIONS The City of Boynton Beach is seeking a source to provide the Public Works/Fleet Management Department with a cost effective and timely service for the repair of hydraulic cylinders, valves, controls, motors, and pumps for mobile and industrial equipment including related parts, repair kits and/or components. It is the intention of the City of Boynton Beach to award this bid as specified to a source that will give prompt and efficient service for parts and repairs. Any failure on the part of the successful bidder(s) to comply with these conditions may be cause for cancellation of an order and/or immediate termination of awarded Bid Please indicate either a YES or NO next to each item agreeing to meet the specification. If exception is taken (alternatives), the bidder must explain using the COMMENTS section of the online bidding System. Bidder must complete and submit this bid specifications "check -off" list electronically through the bidding system in order for the bid proposal to be considered complete and acceptable. The successful bidder shall provide services in accordance with the following conditions and specifications: A. Items for repair (e.g., hoses and cylinders) shall be picked up within twenty-four hours and returned forty-eight hours after pick-up. B. Priority work assignments are necessary for all "Fire and Life Safety" resources. C. The City fleet contains units with small single action cylinders on lawn mowers to double action multi -stage cylinders on garbage compaction units. D. Valve bodies can be single or multi -function. E. The City fleet contains both American standard and metric sizes. F. Fleet service technicians will remove and replace all minor and major components. G. Vendor will supply lubricants, materials and parts needed. The price of the materials sold to the City shall be based on the vendor's cost of the actual items. Vendor's proposed percentage to be added to wholesale cost plus shipping. Copies of invoices for materials to be provided with invoices/statements issued to City for labor and materials. H. Vendor will have personnel on duty Monday through Friday for routine service work. I. All repairs and service work will be randomly inspected by Fleet Maintenance to assure quality, safety, and serviceability. J. Vendor will provide pick-up and delivery service to and from Public Works, Fleet Maintenance Shop, 222 NE 91h Avenue, Boynton Beach, FL 33435. Fleet Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 3 Maintenance will have the option to transport parts to and from Fleet to expedite repairs. K. All bid prices are F.O.B. Fleet Maintenance, 222 NE 91" Avenue, Boynton Beach, FL, 33435. L. The Fleet Maintenance Department hours of operation are Monday through Friday from 6:30 A.M. to 4:30 P.M. M. Vendor will assume all costs related to environmental fluid disposal. N. Vendor will capture and properly dispose of all waste petroleum products at vendor's service facility. O. All replaced parts will be properly recycled through approved waste management. P. Vendor will maintain an inventory of proper service tools and parts required for routine service and repair work. Q. Vendor will provide the correct grade of lubricants required by equipment manufacturer for all service and/or repair work. R. All work will be performed on an "As Needed Basis." S. Vendor will provide detailed invoicing to Fleet Maintenance Supervisor for each repair/service providing Fleet with the information to update repair and service history records for equipment. Bidder lfrn.mf su�l lrnlrifthis Bid "check off" fh1n,,ee,ngh the, Cit,v s onfilliinfie biiddiiir�iig syM,e,iaa Bids & T e#,"il errs the, bion to be, e o#,"ilsiderred colrnlplle,lle„ and acceptable,, Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 4 INVITATION TO BID FOR HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS BID No.: 022-2516-21 SECTION 1 — INSTRUCTIONS TO BIDDERS 1. Electronic Invitation to Bid shall be received by the City's e -Procurement bidding system no later than: May 28, 2021 No Later Than 2:30 PM (Local Time). 2. Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Bidder to have their BID submittal submitted online. 3. Bidders shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addenda and any applicable attachment. 4. It is the responsibility of the Bidder to have received all Addenda that are issued. Bidders should check online at Boynton -beachebidsandtendersenet prior to submitting their Submittal and up until the BID closing time and date in the event additional addenda are issued. 5. To obtain documents online please visit Boynton-beachebidsandtendersenet. You may preview the BID documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 6. ELECTRONIC BID SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions are not permitted. 7. Bidders are cautioned that the timing of their Submittal Submission is based on when the Bid is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 8. For the above reasons, it is recommended that sufficient time to complete your Bid Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. 9. Bidders should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Bidder advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at su2paort(a7bidsandtendersenet. 10. Late Submittal Responses are not permitted by the Bidding System. 11. To ensure receipt of the latest information and updates via email regarding this request for qualification, or if a Bidder has obtained this Solicitation from a third party, the responsibility is on the Bidder to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 12. All expenses for making BID responses to the City are to be borne by the Bidder. Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 5 13. A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Invitation to Bid for review. The City reserves the right to modify the contract language prior to execution. The actual scope of services and consulting fees will be negotiated following selection of the top firm(s). 14. Each Bidder, by submission of an BID response, acknowledges that in the event of any legal action challenging the award of a BID; damages, if any, shall be limited to the actual cost of the preparation of the BID. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 6 INVITATION TO BID FOR HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS BID No.: 022-2516-21 SECTION 2 — GENERAL CONDITIONS FOR BIDDERS 1. FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Bidder will in no way relieve Bidder of responsibility to adhere to such regulations. 2. BID FORMS: The Bidder will submit a BID on the BID forms provided. All BID prices, amounts and descriptive information must be legibly entered. The Bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Bidder IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All BID forms must be executed and submitted for easy identification. BIDs not submitted on BID forms herein may be rejected. All BIDs are subject to the conditions specified within this solicitation document. BIDs which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: BID must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 4. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e -Procurement bidding system. 5. BID DEADLINE: It is the Bidder's responsibility to assure that the BID is submitted electronic by or at the proper time and date prior to the BID deadline. Late Submittal Responses are not permitted by the Bidding System 6. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, to waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entities. 7. RENEWAL: The Finance Director may renew the contract, at the same terms, conditions, and prices, for three (3) one-year renewal periods subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. Bid prices are to be firm for a period of two years from date of bid award. 8. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 7 B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. 9. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. 10. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. 11. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific BID no later than ten (10) days prior to the BID deadline. Inquiries must reference the date by which the BID is to be received. 12. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 13. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 14. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Bidder's through the City's e - Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Bidder to have receive ALL addenda that are issued. Bidders should check online at Boynton - beach. bidsandtenders.net prior to submitting their bid and up until the bid closing time and date in the event additional addenda are issued. If a Bidder submits their bid prior to the BID closing time and date and an addenda have been issued, the Bidding System shall WITHDRAW the Bidder's submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Bidder can view this status change in the "MY BIDS" section of the Bidding System. The Bidder is solely responsible to: • make any required adjustments to their Bid; and • acknowledge the addenda; and • Ensure the re -submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 8 15. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". 16. SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. 17. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. 18. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. 19. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 20. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. 21. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. 22. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 23. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. 24. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 9 25. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 26. ON PUBLIC ENTITY CRIMES — All Invitations to Bid as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 27. SCRUTINIZED COMPANIES LISTS Florida Statues Section 287.135: By submission of this BID, bidder certifies that bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder 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 Bidder 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 Bidder of the City's determination concerning the false certification. Bidder 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, Bidder 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 Bidder 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. 28. NON -COLLUSION AFFIDAVIT: Each Bidder shall complete the Non -Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 29. TRADE SECRET: Any language contained in the Bidder's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other information to the City which the Bidder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Bidder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records . Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 30. ANTI -KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti -Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 10 31. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority -Owned Business Form and shall submit the form with its Bid/Proposal 32. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". 33. ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. 34. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 35. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting award. 36. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 37. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. 38. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. 39. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 11 honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. 40. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the Utilities or Facilities Departments and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. 41. TIME OF DELIVERY: N/A The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids. Concurrent to delivery of equipment, the items listed below shall be supplied for each different type or size of equipment and all bodies and accessory equipment installed or furnished. All of these manuals must be delivered with the equipment and normal delivery cannot be accepted until all items listed are supplied. 1. Operator's Manuals — Two (2) copies. These manuals shall provide complete operating instructions and routine lubrication and servicing instructions normally expected of the operator. 2. Maintenance and Overhaul (Shop) Manuals — Two (2) copies. These manuals shall provide complete lubricating and servicing instructions normally not expected of the operator, plus complete maintenance and overhaul instructions required of shop disassembly, inspection, rework test, reinstallation, and provide information on limits, tolerances and torque values. These shall normally include fully illustrated parts break -down for all parts and components. Parts Manuals or Parts Lists — Two (2) copies. These items must cover each part of the component used in the supplied equipment. Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 12 4. Wiring and Piping Diagrams and brand names and part numbers of all component parts of equipment and items installed or furnished and not covered in the Manuals — Two (2) copies. Manufacturer's Descriptive Literature, Drawings, and Specifications. Also, furnish factors for safety and toppling and for vehicle strength under worst conditions, if applicable — Two (2) copies of each. All equipment shall be completely assembled, adjusted, and clean. All standard equipment, and specified options shall be installed and the unit made ready for continuous, heavy-duty service. In addition to new equipment pre -delivery service, a thorough condition and specification compliance from these specifications, including manufacturer's standard equipment items, and accessory equipment supplied by the equipment dealer, which are clearly necessary for the complete operation of the vehicle, shall be considered a requirement although not directly specified in these specifications. 42. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. 43. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 44. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 45. 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 Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant 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, Consultant shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 13 D. Upon completion of the contract, Consultant shall transfer to the City, at no cost to the City, all public records in Consultant's possession All records stored electronically by Consultant 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 CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 46. LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City 47. E -VERIFY: Contractor 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. 1) Definitions for this Section: "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. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 14 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 15 INVITATION TO BID FOR HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS BID No.: 022-2516-21 SECTION 3 — SPECIAL TERMS AND CONDITIONS PURPOSE: The City of Boynton Beach is seeking maximum of two (2) qualified Bidders as a Primary and Secondary for the repair of malfunctioning hydraulic cylinders and valves and miscellaneous parts for mobile and industrial equipment. AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final. The City intends to award a contract to two (2) contractors as a Primary and Secondary to the two (2) lowest, responsive, responsible bidder for, taking into consideration experience, staffing, equipment, materials, references and past performance. TERM OF CONTRACT: The initial term of the contract awarded shall be for two (2) years, May 19, 2021 through May 18, 2023. Bid prices are to be firm for a period of two years. By mutual agreement between the City and the awardee(s), the City may renew the bid at the same terms and conditions for three (3) additional one (1) year periods. The City reserves the right to extend automatically for a period not to exceed an additional six (6) months in order to provide the City with continual service while a new contract is solicited, evaluated and/or awarded. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. MATERIAL PRICING AT COST PLUS: The price of the materials sold to the City of Boynton Beach as a result of this bid award shall be based on the bidder's cost of the actual items. Contractor's proposed percentage to be added to wholesale cost of materials only. Shipping costs to be added to wholesale cost plus percentage. Copies of invoices for materials to be provided with statements issued to the City for labor and materials. PERFORMANCE WARRANTY: The bidder shall guarantee all work, equipment and materials included in the services against any defects in workmanship; and shall satisfactorily correct, at no cost to the City, any such defect that may become apparent within a period of one year after completion of work. The Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 16 warranty period shall commence upon date of acceptance, inspection and approval by City Representative only. If the bidder is notified in writing of a deficiency in the work provided, within one year from completion of the work, the bidder shall, at the City's option, re -perform the work in question at no additional cost to the City, or refund the City the original charges for the work in question, including the difference in cost if any, to re -perform the work if completed by another vendor. INVOICING AND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 All invoices submitted shall consist of an original and one (1) copy as follows: • Clearly referenced the subject Contract or Purchase Order number; • Provide sufficient salient description to identify the goods and services for which payment is requested; • Contain date of delivery; • Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or "final invoice." The City will accept partial deliveries. The invoice shall contain the Bidder's Federal Employer Identification Number. The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re -submit a corrected invoice to the City for processing. PRODUCT LITERATURE: Bidder shall submit with the Bid, product literature based on the Model submitted for the stated Manufacturer or Make or "approved equal" items offered. Should the literature be omitted from the Bid proposal, Bidder shall submit within three (3) calendar days when requested by the City. Literature should be clearly marked as to each item number. Failure on the part of the Bidder to submit the requested literature will result in their Bid being declared non-responsive. UNDERWRITER'S LABORATORY (UL): Items may be tested for compliance with specifications. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 17 INVITATION TO BID FOR HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS BID No.: 022-2516-21 BIDDERS SUBMISSION REQUIREMENTS Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized, uploaded and or acknowledged when required and submitted. In addition, all other requests and supporting documentation should be included. a) Proposer Acknowledgement — Online Acknowledgement b) Bid Specifications — Online Form c) Bid Form — Upload Online d) Price Proposal — Online Form e) Bidder's Qualification Statement — Upload Online f) Anti -Kickback Affidavit — Upload Online g) Non -collusion Affidavit of Bidder — Upload Online h) Certification Pursuant to Florida Statute § 287.135 - Upload Online i) E -Verify Form — Upload Online j) Addenda Acknowledgement — Online Acknowledgement k) Confirmation of Drug Free Workplace - Online Acknowledgement 1) Palm Beach Inspector General - Online Acknowledgement m) Local Business Certification - Online Form n) Confirmation of Minority Owned Business - Online Form o) Statement of Non -Submittal (if applicable) - Online Form p) Schedule of Sub -Consultants — Online Form q) Submit current Florida Professional License, including evidence of possession of required licenses or business permits — Upload Onine r) Bidder's W-9 — Upload Online s) Submit any Supplemental information relative to this BID — Upload Online Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 18 INVITATION TO BID FOR HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS BID No.: 022-2516-21 BID FORM "TO IIRE C OII III' IIL.IIETIIED AND t.J III' IIL.OADIED OII IIL.III II II The work under this project consists of but not limited to: Services from a qualified Contractor to provide pricing for labor, parts, and materials for the maintenance and repairs to its emergency diesel/propane power generators both portable and stationary and by-pass pumps located throughout the City of Boynton Beach. Submitted By: (BIDDER) Date: To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Contract with the CITY to perform and furnish all WORK as specified herein for the Contract Price and within the Contract Period indicated in this Bid. 2. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that BIDDER has examined the Bid Documents, including addenda. Receipt of all of which is hereby acknowledged; BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK inconformity with the drawings and specifications listed below. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. �fl. 16y9e11ela[.7:1=03LVIIar:1.la[•1014149Ifl. W]Iloll go] PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 19 5. Communications concerning this Bid shall be as follows: Contact Person Business Address City, State, Zip Code Business Phone Number Email Address Cell Phone Number 6. Other pertinent information is as follows: License Number (Please Attach Copy) Federal Tax ID# Federal Employment ID # Submitted on this day of , 20_ a. (If an individual, partnership, or non -incorporated organization) Signature of BIDDER b. (If a corporation) (Affix Seal) Signature of BIDDER M Attested by Secretary Incorporated under the laws of the State of THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 20 INVITATION TO BID FOR HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS BID No.: 022-2516-21 BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA *Bid tiro osat will be it � tit into the o -t rocuroment Electronic tt�t t�� S stops tuts .t."'611doss* ...............................................................M...........................................................................................................................................................................................................................t'........................................................................................................ 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 service required. The undersigned proposes to deliver the service in accordance with the specifications for "HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS". General Hydraulic Shop Work Standard Labor Rate $ per hour Hydraulic Machine Shop Work Standard Labor Rate $ per hour Petroleum based Hydraulic Fluid $ per gallon Synthetic based hydraulic Fluid $ per gallon Non -Conductive Hydraulic Fluid $ per gallon Material Pricing Cost Plus (wholesale plus percentage) for %Cost Plus Lubricants, Materials, or Parts used. Can you make High Pressure Hoses up to two (2) inches? Yes/No Do you inventory materials to make two (2) inch hoses? Yes/No Worn/Damaged parts disposal costs $ /per part ALL PRICES F.O.B. BOYNTON BEACH BIDDER SHALL INPUT PRICES INTO THE CITY'S E -PROCUREMENT BIDDING SYSTEM Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 21 BIDDER'S QUALIFICATION STATEMENT "TO IIRE C OII III' IILJ TIIED AND t.J III' IIL.OADIED OII IIL.III II II The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: 1. Name of Bidder: 2. Business Address —1.ilr_rerrm 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in the contracting business under the present company name? 6. General character of work performed by your company. 7. Number of employees. 8. Background and experience of principal members of your personnel, including officers. 9. Have you ever defaulted on a contract? If so, where and why? 10. Experience in performance. Project $ Value Contact Name Phone # THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 22 Project $ Value Contact Name Phone # 11. Contracts on hand. 12. Largest completed projects (include final cost). 2) 3) 13. List all lawsuits (construction related) to which you have been a party and which: 1) arose from construction projects: 2) occurred within the last 4 years: 3) provide case number and style: Subscribed and sworn to before me This day of 12021 (Signed (Title Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 23 ANTI -KICKBACK AFFIDAVIT "TO IIRE COII III' IILJ TIIED AND U III' IIL.OAIL EIQ OII IIL.III II II STATE OF FLORIDA SS COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. Sworn and subscribed before me this day of NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY SEAL" STAMP LIZE NAME - SIGNATURE 2021 Printed Information: NAME TITLE COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 24 NON-COLLUSION AFFIDAVIT OF BIDDER "TO IIRE CQll lll' IILJ TIIED AND LJJl' IIL.OAIDEIQ QII IIL.11lllM State of County of 1) He is (Title) has submitted the attached BID: being first duly sworn, deposes and says that: of , the bidder that (Name of Corporation or Integrator) 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said BID is genuine and is not a collusive or sham BID; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BID price or BID price or other proposer or secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me This day of 20 (Signed) (Title Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 25 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 "TO IIRE CQll lll' IIL.IIETIIED AND LJJl' IIL.OAIDEIQ QII IIL.11lllW I, , on behalf of certify that Print Name and Title does not: Company Name 1. Participate in a boycott of Israel; and Company Name 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant 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 Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 26 with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME TITLE DATE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 27 Page 889 of 7 Project Name: CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES "TO IIRE CQll lll' IIL.IIETIIED AND UIII' IIL.OAIDEIQ QII IIL.11llN HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS Solicitation No.: 022-2516-21 1. Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 28 an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of I , by on behalf of He/she is personally known to me or has produced as identification. NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) Title or Rank Serial number, if any THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS 29 52 "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and TBD, hereinafter referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Vendor is retained by the City to provide labor, parts, and materials for the maintenance and repairs to its emergency diesel/propane power generators both portable and stationary and by-pass pumps located throughout the City of Boynton Beach. 2. SCOPE OF SERVICES. Vendor agrees to perform the services for the maintenance and repairs to the City's emergency diesel/propane power generators both portable and stationary and by-pass pumps located throughout the City of Boynton Beach, including the provision of all labor, materials, equipment and supplies. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of two (2) years, commencing on May 19, 2021 through May 18, 2023. The City reserves the right to renew the agreement for three (3) one- year renewals subject to vendor acceptance, satisfactory performance as determined by the City, and determination by the City that renewal will be in the best interest of the City. An increase in cost of less than 2% for each extension may be approved by the City administration and does not require Commission approval. 5. PAYMENT. The Vendor shall be paid by the City for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: a. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. b. The Vendor may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. C. Final payment of any balance due the Vendor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Vendor's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS C-1 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Vendor in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Vendor's endeavors. 7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and City of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2,000.000 aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS C-2 14. NON -WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days written notice to the Vendor. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Firm. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the 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 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 Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS C-3 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 STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 20. SCRUTINIZED COMPANIES - 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 21. E -VERIFY 21.1 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. 1) Definitions for this Section: "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. "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. Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS C-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. 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS C-5 "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 same agreement among the parties. A facsimile signature shall constitute an original signature for all purpose." IN WITNESS WHEREOF, the parties have hereto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Attest/Authenticated: 20 VENDOR NAME (Signature), Authorized Official Printed Name of Authorized Official Title (Corporate Seal) Crystal Gibson, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Witness Bid No.022-2516-21 HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS C-6 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) Thefollowing 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 orlower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Umbrella Form Worker's Compensation Statutory Limits Employer's Liability Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified INSURANCE ADVISORY MINIMUM LIMITS REQUIRED General Aggregate $ Products-Comp/Op Agg. $ Personal & Adv. Injury $ Each Occurrence $ Fire Damage (any one fire) $ Med. Expense (any one person) $ Combined Single Limit Each Occurrence Aggregate Each Accident Disease, Policy Limit Disease Each Employee 1,000,000.00 1,000,000.00 1,000,000.00 1,000,000.00 50,000.00 5,000.00 Aggregate - $ 1,000,000.00 1,000,000.00 to be determined to be determined $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 300,000.00 Limits based on Project Cost Limits based on Project Cost Revised 04/2021 to be determined 022-2516-21 - Hydraulic Cylinder and Valve Parts and Repairs Opening Date: May 5, 2021 12:00 PM Closing Date: May 28, 2021 2:30 PM Vendor Details Company Name: Construction Hydraulics of Lake Worth, Inc. 1320 So. J. Terrace Address: Lake worth, FL 33460 Contact: Brian Filipowski Email: sales@hydraulics.cc Phone: 561-585-6637 Fax: 561-586-7019 HST#: 59-2528453 Submission Details Created On: Monday May 17, 2021 12:07:29 Submitted On: Thursday May 27, 2021 13:10:38 Submitted By: Brian Filipowski Email: sales@hydraulics.cc Transaction #: 4c792fa9-5af2-45dc-abf9-f8372b180423 Submitter's IP Address: 173.12.109.238 Bid Number: 022-2516-21 Vendor Name: Construction Hydraulics�ff La t�Ot'1nc- Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices, and/or lump sums, hereinafter stated. *Denotes a "MANDATORY" field Do not enter $0.00 dollars unless you are providing the line item at zero dollars to the Owner (unless otherwise specified). If the line item and/or table is "NON -MANDATORY" and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. [c] 4 011 ;1:L1 111111 1. U7:7e1III1I [WI: [6] 2T1TL�11 N "I GENERAL HYDRAULIC SHOP WORK - STANDARD LABOR RATES BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA *Bid Proposal will be input into the e -Procurement Electronic Bidding System Bids & Tenders* The bidder declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The bidder proposes to deliver the service in accordance with the specifications for "HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS". (Rate Per Hour* 3eneral Hydraulic Shop Work IStandard Labor Rate 1$75.0000 Subtotal: $ 75.00 1. VU7 :fAl] 119WA UCy a IN =&I : [6] 2T1TL�11 N "I HYDRUALIC MACHINE SHOP WORK - STANDARD LABOR RATE BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA *Bid Proposal will be input into the e -Procurement Electronic Bidding System Bids & Tenders* The bidder declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The bidder proposes to deliver the service in accordance with the specifications for "HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS". Rate Per Hour* iydraulic Machine Shop Work IFor Standard Labor Rate $75.0000 Subtotal: $ 75.00 PETROLEUM BASED HYDRAULIC FLUID PETROLEUM BASED HYDRAULIC FLUID BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA *Bid Proposal will be input into the e -Procurement Electronic Bidding System Bids & Tenders* The bidder declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The bidder proposes to deliver the service in accordance with the specifications for "HYDRUALIC CYCLINDER AND VALVE PARTS AND REPAIRS". Rate Per Gallon 'etroleum Based Hydraulic Fluid 1$8.2500 Subtotal: $ 8.25 SYNTHETIC BASED HYDRAULIC FLUID SYNTHETIC BASED HYDRAULIC FLUID BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA *Bid Proposal will be input into the e -Procurement Electronic Bidding System Bids & Tenders* The bidder declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The bidder proposes to deliver the service in accordance with the specifications for "HYDRUALIC CYCLINDER AND VALVE PARTS AND REPAIRS". Rate Per Gallon synthetic Based Hydraulic Fluid 1$64.2600 Subtotal: $ 64.26 Bid Number: 022-2516-21 Vendor Name: Construction Hydraulicyff La b�Ot'1na NON-CONDUCTIVE HYDRAULIC FLUID NON-CONDUCTIVE HYDRAULIC FLUID BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA *Bid Proposal will be input into the e -Procurement Electronic Bidding System Bids & Tenders* The bidder declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The bidder proposes to deliver the service in accordance with the specifications for "HYDRUALIC CYCLINDER AND VALVE PARTS AND REPAIRS". Rate Per Gallon Jon -Conductive Hydraulic Fluid 1$30.0000 Subtotal: $ 30.00 MATERIAL PRICING MATERIAL PRICING - BID PROPOSAL *Bid Proposal will be input into the e -Procurement Electronic Bidding System Bids & Tenders* The Bidder declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The Bidder proposes to deliver the service in accordance with the specifications for "HYDRAULIC CYLINDER AND VALVE PARTS AND REPAIRS." COST PLUS Material Pricing ICost Plus (wholesale cost plus percentage) for Lubricants, Materials or Parts used. 120 HIGH PRESSURE HOSES - 2 INCH HIGH PRESSURE HOSES - 2 INCH BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA *Bid Proposal will be input into the e -Procurement Electronic Bidding System Bids & Tenders* The bidder declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The bidder proposes to deliver the service in accordance with the specifications for "HYDRUALIC CYCLINDER AND VALVE PARTS AND REPAIRS". RESPONSE' Comments ;an you make High Pressure Hoses up to two (2) inches? Yes or No yes )o you inventory materials to make two (2) inch hoses? Yes or No yes WORN / DAMAGED PARTS DISPOSAL WORN OR DAMAGED PARTS DISPOSAL COSTS BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA *Bid Proposal will be input into the e -Procurement Electronic Bidding System Bids & Tenders* The bidder declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of service required. The bidder proposes to deliver the service in accordance with the specifications for "HYDRUALIC CYCLINDER AND VALVE PARTS AND REPAIRS". Rate Per Part Vorn or Damaged Parts Disposal Cost 1$0.0000 Subtotal: $ 0.00 Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Bid response. Description Response' Comments Is your company a Minority Owned business? No No Please select the appropriate response Other Caucasian Do you possess a certification qualifying your business as a Minority Owned business? No No Issuing organization name Input response in comments box to the right NA Date of Issuance Input response in comments box to the right NA Bid Number: 022-2516-21 Vendor Name: Construction Hydraulicyff La bU tt nal Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for "Local Business Status Certification" you declare that you are not a local business in the City of Boynton Beach. r" We will not be submitting for Local Business Status Certification Bid Specifications BID SPECIFICATIONS Itis the intention of the City of Boynton Beach to award this bid as specified to a source that will give prompt and efficient service for parts and repairs. Any failure on the part of the successful bidder(s) to comply with these conditions may be cause for cancellation of an order and/or immediate termination of awarded Bid Please indicate either a YES or NO next to each item agreeing to meet the specification. If exception is taken (alternatives), the bidder must explain in the COMMENTS Section of this form. Bidder must complete and submit the specifications electronically through the bidding system in order for a bid to be considered complete and acceptable. The successful bidder shall provide services in accordance with the following conditions and specifications: SPECIFICATIONS Does the business have Is the business registered with Items for repair (e.g., hoses and cylinders) shall be picked up within twenty-four hours and returned forty-eight hours after pick-up. Yes Is the business located within the City limits of Boynton Beach, a business tax receipt the Florida Division of Number of years in Business license number Florida? ^ issued in the current Corporations? business ^ yes The City fleet contains both American standard and metric sizes. year? ^ yes Fleet service technicians will remove and replace all minor and major components. Yes C Yes C Yes r: Yes 35 199510614 r No r No r No Yes yes Bid Specifications BID SPECIFICATIONS Itis the intention of the City of Boynton Beach to award this bid as specified to a source that will give prompt and efficient service for parts and repairs. Any failure on the part of the successful bidder(s) to comply with these conditions may be cause for cancellation of an order and/or immediate termination of awarded Bid Please indicate either a YES or NO next to each item agreeing to meet the specification. If exception is taken (alternatives), the bidder must explain in the COMMENTS Section of this form. Bidder must complete and submit the specifications electronically through the bidding system in order for a bid to be considered complete and acceptable. The successful bidder shall provide services in accordance with the following conditions and specifications: SPECIFICATIONS Response' Comments Items for repair (e.g., hoses and cylinders) shall be picked up within twenty-four hours and returned forty-eight hours after pick-up. Yes yes Priority work assignments are necessary for all "Fire and Life Safety" resources. Yes yes The City fleet contains units with small single action cylinders on lawn mowers to double action multi -stage cylinders on garbage compaction units. Yes yes Valve bodies can be single or multi -function Yes yes The City fleet contains both American standard and metric sizes. Yes yes Fleet service technicians will remove and replace all minor and major components. Yes yes Vendor will supply lubricants, materials and parts needed. The price of the materials sold to the City shall be based on the vendor's cost of the actual items. Vendor's proposed percentage to be added to wholesale cost plus shipping. Copies of invoices for materials to be provided with invoices/statements issued to City for labor and materials Yes yes Vendor will have personnel on duty Monday through Friday for routine service work. Yes yes All repairs and service work will be randomly inspected by Fleet Maintenance to assure quality, safety, and serviceability. Yes yes Vendor will provide pick-up and delivery service to and from Public Works, Fleet Maintenance Shop, 222 NE 9th Avenue, Boynton Beach, FL 33435. Fleet Maintenance will have the option to transport parts to and from Fleet to expedite re pa i rs. Yes yes All bid prices are F.O.B. Fleet Maintenance, 222 NE 9TH Avenue, Boynton Beach, FL, 33435. Yes yes The Fleet Maintenance Department hours of operation are Monday through Friday from 6:30 A.M. to 4:30 P.M. Yes yes Vendor will assume all costs related to environmental fluid disposal Yes yes Vendor will capture and properly dispose of all waste petroleum products at vendors service facility. Yes yes All replaced parts will be properly recycled through approved waste management Yes yes Vendor will maintain an inventory of proper service tools and parts required by equipment manufacturer for all service and /or repair work Yes yes All work will be performed on an "As Needed Basis." Yes yes Vendor will provide detailed invoicing to Fleet Maintenance Supervisor for each repair/service providing Fleet with the information to update repair and service history records for equipment. Yes yes Bid Number: 022-2516-21 Vendor Name: Construction Hydraulicyff La b�Ot'1nc_ Subcontractors The Bidder shall state all Subcontractor(s) and type of Work proposed to be used for this project. Bidders shall not indicate "TBD" (To Be Determined) or "TBA" (To Be Announced) or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Sub -contractors The Bidder proposes the following major sub -contractors for the major areas of work for the Project. The Bidder is further notified that all sub -contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub -contractors, if required. Owner reserves the right to reject any sub -contractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any sub -contractor in order to make a determination as to the foregoing. By +r8da,k4ig h r ! 1 cmifirrn LtN.l 9h r ,sur no ,'�e,,,k�:�„ �retr �u��tcari`^m,h aid 9ho Bkidw rt,mVu.0 p rt+xin 9h,, pr+:,jec1 vv0h Lte6 '4:1�VW,q II ttRC¢ S'", Name Address Scope of work' license No ^ Contract Amount' Percentage I%) of Contract Documents Ensure your submission document(s) conforms to the following Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s) are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one (1) document for a single item, you should combine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as "Marketing Plan." If the attached file(s) cannot be opened or viewed, your Bid Call Document may be rejected These procurement documents must be completed, signed, notarized and uploaded online with the proposal in order for the Bid to be considered complete and acceptable. • Bid Form - Bid Form.pdf - Thursday May 27, 2021 10:51:50 • Bidders Qualification Statement - Bidder Qualification.pdf - Thursday May 27, 2021 10:56:52 • Current Florida Professional License, including evidence of possession of required licenses or business permits - Business License.pdf - Thursday May 27, 2021 12:56:30 • Certification Pursuant to Florida Statute § 287.135 - Certificate pursuant to Florida Statute.pdf - Thursday May 27, 2021 11:00:04 • Anti -Kickback Affidavit - Anti -Kickback Affidavit.pdf - Thursday May 27, 2021 10:57:28 • Non -Collusion Affidavit of Bidder - Non- Collusion Affidavit of Bidder.pdf - Thursday May 27, 2021 10:57:39 • E -Verify Form Under Section 448.095, Florida Statutes - E -Verify Form.pdf - Thursday May 27, 2021 10:59:08 • W-9 Form - W-9 Form.pdf - Thursday May 27, 2021 10:51:10 • Supplemental information relative to this ITB (optional) • Additional Document (optional) Bid Number: 022-2516-21 Vendor Name: Construction Hydraulicyff La b�0t'1nc_ Addenda, Terms and Conditions SPECIAL TERMS AND CONDITIONS PURPOSE: The intent of this solicitation is to select a successful Bidder to provide all labor, materials, tools, hardware, equipment and supervision to provide maintenance and repair services forth City's Diesel/ Propane Generators and By -Pass Pumps for various locations within the City of Boynton Beach. METHOD OFAWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, etc. will be provided for this contract to meet the specifications denoted herein at a pammount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge ofthe bids and the City's decision shall be final. The City intends to award a contract to two (2) contractors as a Primary and Secondary to the two (2) lowest, responsive, responsible bidder for, taking into consideration experience, staffing, equipment, materials, references and past performance. The City intends to award a contract to the lowest, responsive, responsible bidder for, taking into consideration experience, staffing, equipment, materials, references and past performance. TERMOF CONTRACT: The initial term ofthe contract awarded shall be for two (2) years, May 19, 2021 through May 18, 2023. Bid prices are to be fine for a period of two years. By mutual agreement between the City and the awardee(s), the City may renew the bid at the same terms and conditions for three (3) additional one (1) year periods. The City reserves the right to extend automatically for a period not to exceed an additional six (6) months in order to provide the City with continual service while a new contract is solicited, evaluated and/or awarded. INSURANCE: It shall be the responsibility ofthe successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B in accordance to A.M. Best's Key Rating Guide, latest edition. MATERIAL PRICINGAT COSTPLUS: The price ofthe materials sold to the City of Boynton Beach as a result of this bid award shall be based on the bidder's cost ofthe actual items. Contractor's proposed percentage to be added to wholesale cost of materials only. Shipping costs to be added to wholesale cost plus percentage. Copies of invoices for materials to be provided with statements issued to the City for labor and materials. PERFORMANCE WARRANTY: The bidder shall guarantee all work, equipment and materials included in the services against any defects in workmanship; and shall satisfactorily correct, at no cost to the City, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon date of acceptance, inspection and approval by City Representative only. If the bidder is notified in writing of a deficiency in the work provided, within one year from completion ofthe work, the bidder shall, at the City's option, re -perform the work in question at no additional cost to the City, or refund the City the original charges for the work in question, including the difference in cost if any, to re -perforin the work if completed by another vendor. INVOICINGAND PAYMENT: Payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 All invoices submitted shall consist of an original and one (1) copy as follows: • Clearly referenced the subject Contract or Purchase Order number; • Provide sufficient salient description to identify the goods and services for which payment is requested; Contain date of delivery; • Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or "Final invoice." The City will accept partial deliveries. The invoice shall contain the Bidder's Federal Employer Identification Number The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days' after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re -submit a corrected invoice to the City for processing. PRODUCT LITERATURE: Bidder shall submit with the Bid, product literature based on the Model submitted for the stated Manufacturer or Make or "approved equal" items offered. Should the literature be omitted from the Bid proposal, Bidder shall submit within three (3) calendar days when requested by the City. Literature should be clearly marked as to each item number. Failure on the part of the Bidder to submit the requested literature will result in their Bid being declared non-responsive. UNDERWRITER'S LABORATORY (UL): Items may be tested for compliance with specifications. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s) offered and furnished. Pr I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Brian Filipowski, President , Construction Hydraulics of Lake Worth Inc. The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed ed n,llfi File Name uellcaavaddenuatlaairiru and Pages a tachiriru iruts giit aII'"II'"II iiCaIhull� There have not been any addenda issued for this bid. Bid Number: 022-2516-21 Vendor Name: Construction Hydraulicyff Lab tt nc.7 Bid Number: 022-2516-21 Vendor Name: Construction Hydraulicyff La bMrt ' nc- 1, ^"/�//rm onbehalf of certify Print Name and Title Company Name that Construction Company Name does not: 1.Participate in boycott ofIsrael; and 2. /s not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5.Has not engaged inbusiness operations /nSyria. Submitting a false certification shall be deemed a material breach of contract. The �N"y shallprovide notice, inwriting, to theContractor of the City's determination concerning the falseoertUiCatinO.TheContraotoroho||havenineh/(SC) days following receipt ofthe notice to respondiOvrUnQanddeDnnstretSthatthedeten0i/atio/0ffa|S*c8rtificatiOOxBe node in eO0r. /fthe Contractor does not demonstrate that the City's determination of /unae certification was made inorroFthontheCib/eha||hevethehghttoteminatetheoontns~8|dseek civilremedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List' created pursuant toSection 215.4725 F G oris engaged /n a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the |nyn Petroleum Energy Sector [ist, created pursuant to a 215.473Or are engaged iObusiness operations inSyria. ' Scrutinized Companies Page 906 of 1207 AS the person authorized to sign on behalf of the Contractor, / � 'oedUfy—that the company identified in the section entitled "Contractor Name" does not participateiDany boycott o f Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on eitherthe Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. | understand that pursuant tO section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, fees, and/or costa. | further understand that any contract with the City for goods or services may boterminated otthe option ofthe City ifthe company isfound tohave submitted efalse certification or has been placed on the Scrutinized Companies with Aoi'---in—udan list or the Scrutinized Companies with Activities in the /ran Petroleum Energy Sector List. Construction Hydraulics of Lake Worth, Inc. � COMPANY NAME 21111 ^r ~ PRINT NAME TITLE Scrutinized Companies Page 907 of 1207 O O Ln (D O O O N N O z -0 z -0 O -0 Ln Ln 00 4 O N O 7 7 7 7 7 7 =3 =3 Z � U U C C C C C C C O C C rl- O N r 4- 0 co O O N 0) (6 0- O O U 1N N = E T � G O u 3 a+ c 0 v rl- O N r 4- 0 co O O N 0) (6 0- Q (A N (A L � � (A Q � O O � N (A y co E U_ N c co O O � O � O 00 c y N � N (A O U N r O_ O N u N O vO O y Z) O N U fl_ N U C N O Ln O N 'I N NO Ln I, 00 vNi O dl 00 = N fl_ O N C z y 00 N m N y y N _0 O LL- N y O O to C O U Q \ LL LL a N O- m LL U Q) a O `•ti U Z) fl_ p N •� O N O J y O y N _ O_ U N N Vf J(0 LL N. ---� -L- 0 M v= a= l7 E a co •O-° .o Co U V O N > U= O N m O U Q Q to o N Nm um y 'y N �' m O d`= 'y O a U a m v E i c a m O o o Y u vNi v u 0) Q _c 3 O 00 N O E E U m U O O m O N p N t U w W T O O \ C U N U O L Y_ O_ U N v % -0 y _ O tA- Qc _ % v > i L o 1_ LL _ •- --� m (n o O >O � O LA i� = d (n z G U 0 > LL u u co z co u Q J co (n co rl- O N r 4- 0 co O O N 0) (6 0- The City of Bounton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 June 10, 2021 Construction Hydraulics of Lake Worth, Inc. Attn: Brian Filipowski 1320 South J. Terrace Lake Worth, FL 33460 VIA E-MAIL TO: sales@hydraulics.cc REF: NOTICE OF INTENT TO AWARD — BID NO. 022-2516-21 — Hydraulic Cylinder and Valve Parts and Repairs Dear Mr. Filipowski: It is the City's intent to recommend award at the City Commission meeting of July 6, 2021, to Construction Hydraulics of Lake Worth, Inc, for the services of "Hydraulic Cylinder and Valve Parts and Repairs". have enclosed the original Agreement for your signature. Please sign in IIL IIL.UE 14 K, witnessed & return the contract with original signatures, you may submit by email or the postal service either are acceptable. After execution by City Officials, a copy of the executed Contract will be forwarded to you for your files. We appreciate a prompt return of the signed Contract. We would like to thank you for responding to this Invitation to Bid. If you should have any questions concerning this solicitation, please do not hesitate to contact me, Taralyn Pratt, Contract Administrator at telephone: (561) 742-6308 and e-mail: rarattt@bbfl.us. Sincerely, : �m 4 � wm�q Mara Frederiksen Director of Financial Services cc: Taralyn Pratt, Contract Coordinator Kristeena Pint, Purchasing Manager America's Gateway to the Gulf Stream Page 909 of 1207 6.H. Consent Agenda 7/6/2021 Requested Action by Commission: Authorizing payment to Florida Power & Light (FPL) in the amount of $55,285.00 for the design and supply of the needed conduit and cabling for a new low voltage buried electrical supply for Wells #7 and #8 located in the Boynton Beach Utilities' western wellfield. Explanation of Request: Boynton Beach Utilities is coordinating with Florida Power & Light (FPL) and our consulting engineer, Carollo Engineers, to enhance the reliability of the water supply from the western wellfield. To that end, the following electrical improvements were identified as necessary for Wells #7 and #8: • Decommissioning the existing 13 kV electric service conduit from the West Water Treatment Plant to Wells # 7 and # 8 and installing a new lower voltage (480 Volt) electrical service closer to the wells for improved safety and ease of operation and maintenance. • The new 480 volt service from FPL will include buried electrical service lines to new pad mounted transformers at Wells #7 and #8 FPL's engineering staff completed the design for this 480 volt service, which requires reimbursement from the City. How will this affect city programs or services? Wells #7 and #8 are essential components of the City's water supply system from the western wellfield. The design of the electrical upgrades for Wells #7 and #8 will result in an improved level of service to the residents and business within the utility service area. Fiscal Impact: Funding is available in the Utilities CIPAccount 403-5000-533-65.02 WT19XX. Alternatives: There are no alternatives since FPL has completed the design. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 910 of 1207 Grant Amount: Attachments: Type Description Attac,hirneint IF::: IF) I I fl'..-isk Order Cairdb Engineers T,,.--.isk Order and IFIO Page 911 of 1207 PAYMENT COUPON /4115006400436800079158180024512730005528500 Your payment may be eligible to be paid online. Visit www.fpl.com/construction to learn more. You can also mail a check payable to FPL in USD to the FPL address listed below right. Please mail the top portion of the coupon with your check. BOYNTON BEACH UTILITIES 124 E WOOLBRIGHT RD BOYNTON BEACH FL 33435 Florida Power & Light Company Federal Tax Id.#: 59-0247775 Customer Name and Address BOYNTON BEACH UTILITIES 124 E WOOLBRIGHT RD BOYNTON BEACH FL 33435 Cust. No.:6800079158 Bill No.:1800245127 Payment Due Upon Amount Due Receipt This Bill $ 55,285.00 Reference# D00010520650 FPL General Mail Facility Miami FL 33188-0001 Please retain this portion for your records. CURRENT CHARGES AND CREDITS Customer No: 6800079158 Bill No: 1800245127 Customer Number: Reference Number: Bill Number Bill Date: 6800079158 D00010520650 1800245127 05/05/2021 Description Amount COMM UPGRADE/V/O PAVAROTTI TER 55,285.00 Reference# D00010520650 For Inquiries Contact: Total Amount Due $55,285.00 Williams, Jeremy 561-742-2020 Payment Due Upon Receipt 1800245127 1 of 1 Page 912 of 1207 PURCHASE ORDER t CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 VENDOR 15111 SHIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 TO: CAROLLO ENGINEERS, 2056 VISTA PARKWAY SUITE 400 WEST PALM BEACH, FL INC. 33411 P.O. #: 191388 DATE: 09/12/19 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 143000.00 DL SCOPE OF WORK: TASK 1 - LAYOUT GENERATOR ENCLOSURE/ACCESS AT WELL NO. 5 TASK 2 -. DEVELOP TECHNICAL. MEMORANDUM TASK:3 & TASK 4 -.DETAILED DESIGN AND BID PACKAGE PREPARATION TASK 5 -- PERMITTING AND ADVER'T'ISEMENT ASSISTANCE TASK 7 & TASK 8 -ENGINEERING SUPPORT SERVICES DURING CONSTRUCTION TASK.9 -.PROJECT MANAGEMENT 1.0000 143000.00 E, II SEP 13 2(119 1I S OF PO" 700 B 11 U°I"LRIES REMARKS: TASK ORDER UT -1A-02 (SCOPE A) CONSULTANT SERVICE FOR THE DESIGN `:PERMITTING AND SERVICES DURING CONSTRUCTION TO IMPLEMENT ELECTRICAL AND STANDBY POWER IMPROVEMENTS;.TO WESTERN WELLFIELD, WELLS 4, 5, ,7 AND 8. THE NEW STANDBY.GENERATORS WILL PROVIDE ADEQUATE BACK-UP POWER:THAT IS REQUIRED FOR THE RAW WATER WELLS TO ENSURE CONTINUED FLOW DURING POWER OUTAGES. RFQ 046-2821-17/TP GENERAL CONSULTING SERVICE AGREEMENT WAS APPROVED BY CITY COMMISSION ON AUGUST 7,2018. COMMISSION APPROVED 'TASK ORDER ON AUGUST 20, 2019 PROCUREMENT SERVICES: I'' I P.O. TOTAL: ACCOUNT NO. PROJECT 403-5000-533.65-02 WTR105 143000.00 DEPARTMENT Page 913 of 1207 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 191388 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 09/12/19 NARXWI�; l� TO: CAROLLO ENGINEERS, INC. 2056 VISTA PARKWAY SUITE 400 WEST PALM BEACH, FL 311411 SHIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 74621 ORDERING DEPARTMENT: UTIL ENGINEERING TP 111-1 ff.-To. FA0 3 118T. 0". 0SIT DATE UNEEDED. *CONTRACT NO, COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 143000.00 DL SCOPE OF WORK: 1,0000 143000.00 SUPPORT SERVICES DURING CONSTRUCTION' TASK 9 -'PROJECTMANAGEMENT REMARKS: TASK ORDER UT -1A-.02 (SCOPE.A).CONSULTANT SERVICE FOR THE DESIGN,:PERMITTING:AND SERVICES'DURING CONSTRUCTION :TO IMPLEMENT .ELECTRICAL.AND .,STANDBY" POWER IMPROVEMENTS: TO WESTERN WELLFIELD, WELLS 4, 81 'A, 7: AND :8. THE.. NEW STANDBY. GENERATORS WILL PROVIDE ADEQUATE BACK-UP POWER:THAT IS. REQUIRED FOR THE RAW WATER WELLS TO.ENSURECONTINUED FLOW DURING POWER OUTAGES..I I RFQ 046-2821-17/TP 'GENERAL CONSULTING SERVICE AGREEMENT WAS APPROVED:BY.CITY COMMISSION ON AUGUST .7,2018. COMMISSION APPROVED TASK ORDER .0N.AUGUST 20, 2019 PROCUREMENT SERVICES: PO. TOTAL: 143000.00 ACCOUNT NO, PROJECT 403-5000-533,,65-02 WTR105 RECEIVING Page 914 of 1207 H.T.E. ENTRY DATE:/27/2019 H.T.E. REQUISITION # 74621 Contract Coordinator: I T. Pratt Procurement Asst: 11 General Consulting Services Agreement for the City of Boynton Beach was approved by City Commission on August 7, 2018, Q #046-2821-17/TP. Director: Joseph Paterniti VENDOR I F Ti II I m •� INFORMATION: City Manager (non budgeted Admin. —(X) capital and/or $5000+i: Address: 2056 Vista Parkway REASON FOR Carollo Engineers, Inc. Task Order #UT-lA-02 (Scope A) This task order is to provide Engineering services that includes the design, permitting and services during construction to implement electrical and standby improvements 7 and 8. power to Western Wellfield, Wells 4, 5, New permanent standby generators will provide during a power outage. adequate back-up power is required for the raw 11 water wells to ensure continued flo w 11 General Consulting Services Agreement for the City of Boynton Beach was approved by City Commission on August 7, 2018, Q #046-2821-17/TP. Commission approved Task Order on 8/20/2019 VENDOR I F Ti II I m •� INFORMATION: Name: Carollo Engineers, Inc. Admin. —(X) Date: 8/27/2019 I ASAP ( ) Address: 2056 Vista Parkway Engineering ( } Date Needed: I Confirm. ( ) Suite 400 _ Cust. Rel. ( } 1 ASAP/Conf. ( West Palm Beach, FL 33411 Distribution ( ) } ERY Phone (contact): Elizabeth Fujikawa, P, LEED P Water ual. ( ) QBMITTEI uotes/Verbal ((X} Vi President (over $500) Email: 2i:ii1M�u�riu.mVV: F Phone: 561-868-6400 Pumping ( ) Quotes/Written (Fax:561-868-6401 (over $2000} Vendor Number 15111 WTreat. F ( Meter Serv. _,. Quan. �.�Prit Description &Part Number pe r: Task 1 — Layout Generator Enclosure / Access at Weil No. 5 Task 2 — Develop Technical Memorandum $143,000.00 1 Task 3 Task 4 — Detailed Design and Bid Package Preparation Task 5 — Permitting and Advertisement Assistance Task 7 & Task 8 — Engineering Support Services During Construction Task 9 — Project Management Total 42 ( ) Sole Source Ltr. ( ) P/U 99 Insurance ( ) Speciallnstructions: lProject Number: WTR105 Page 915 of 1207 4c, cprom'110% Engineers... WhAdog Worxya rs Vvittl VIA"drye v' Mr. Michael Low Boynton Beach Utilities ;# , rim. . . RIM10MI.1 Subject: Proposal for Engineering Services Wells 4-5 and 7-8 Electrical and Standby Power Improvements As requested, we have prepared the following proposed scope of services for the subject project. BACKGROUND Boynton Beach Utilities needs to enhance the reliability of its water supply from the west wellfield. To that end, the following electrical improvements have been identified as necessary: 1. Replace existing 13 kV electric service from the west water treatment plant to wells No. 7 and No. 8, due to obsolete / decaying condition of 13 kV switches and transformers that step down the voltage from 13 kV to 480 volt and replace decaying 480 volt motor starters for the pump wells, which has been impacted by the humid outdoor location. 2. Obtain 480 volt electric service from FPL, via FPL pad mounted transformers at well No. 7 and at well No. 8. 3. Install a new well pump controller with a receptacle at well No. 7 and at well No. 8, to facilitate plug-in of a portable generator, if needed during a storm event (like a hurricane) requiring power during an extended period of unavailable power. 4. The diesel engine generator with fuel storage tank, plus ancillary electrical equipment will be installed within a fenced enclosure at well No. S. The generator will be covered by a protective enclosure. This will provide a source of standby power and increase the reliability of well No. 5 and S. Access to the fenced enclosure at well No. 5 will be by a driveway. The fenced enclosure will be screened by landscaping. 6. The existing FPL utility power service is located at well No. 4 and it supplies power to well No. 4 and well No. 5. Additional Transfer Switches will be required at Well No. 4 and Well No. 5 SCOPE Q�Ql!W lr 3, — UVOut Generator r1closure/Access ali„ Well No. 5 A layout will be created for the new generator enclosure. The City Building Code will be reviewed to verify compliance. Assumptions: * It is assumed that the enclosure will not require stormwater permit modifications and that the existing permit will cover any needed requirements. * It is assumed that the existing site ground level elevation is above the 100 year stormwater level so the grade will not have to be raised. 4% I OM 0A10 I R -Y -t- W014 4 &?-BE 111V ,A -d Standby P.v WATER OUR III OCUS 01JR IIDUSiNIESS OUR PAM0114 Page 916 of 1207 Mr. Michael Low 5 =1 * It is assumed that a geotechnical assessment will not be required. * The generator will be fueled by a belly tank with under 660 gallons in capacity. * A noise (sound impact) study will not be conducted for the generator enclosure. Deliverable: 11 by 17 drawing depicting site plan Task 2 — Devefolj!ii Iladl,Irfli:al Megnairandtaii A site plan, generator product literature, ando otrobable couh. wimmm Raff summarized in a technical memorandum. Deliverables: Draft and final versions of the technical memorandum. Meetings: A review meeting to receive comments from City staff on the draft technical memorandum. Tasks 3 ariid 4 — Detailed I)esign and Bid Package Detailed design plans and specifications will be developed for bidding purposes. Opinion of probable cost will be developed at 60, 90 and final percent level of completion. Deliverables: Submittals of 60, 90 and final percent complete sets of Contract Documents will be made. Meetings: Review meetings will be held to receive comments forthe 60 and 90 percent Submittals. I1`1211�1* 5 , IlPermltting and ,A,dvertiseu,h,uei,,iiit,gkssistiiince Assistance will be provided to secure building and FDEP permits. Assistance will be provided to attend Prebid meeting (if held), answer bidder's questions, develop addenda and provide a recommendation for award. * Permit applications. * Addenda, Review of Bidder's Proposal and Recommendation for Award. Assumptions: Building and FDEP fees will be paid by the City. lbske 7 and 8, Engiii"wering 4:tupj!1110; t Services dtifirig Construction Construction Support services will consist of: 1. Attendance at Preconstruction and Monthly Meetings 2. Review of shop drawings 3. Answering RFIs 4. Review of Pay Applications 5. Development and negotiation of Change Orders 6. Site visits for construction observation 7. Development of punch list 8. Witness Generators and Switchgear electrical Equipment Startup and Testing 9. Witness Comprehensive Testing of interconnection and Functional Operation of new electrical service and electric equipment with the existing well pump's motor. Main FIC Switchboard and Power Transfer Controller, Page 917 of 1207 mm 10. Review of Gltzvm Maniijak iand Maii wfiactui Em is wajj""Pajjjty ]11 ColliVaCtOoseolut TasIk Pill Oject Mitriagervient Provide CIMN dh ation of project, attendprqjIlect meetings Wilid ( 105eOUt the pu oJect, SCl III D,YLE * We undeltstaii t in lie Ns o� he s f eseu iice Foii expe6t ��ii iig the design ziu id corvtI ujult�iojj i ortlhe watell, vrellb �mpiroveii�dne�qsthal * DetaHedJe!egii wffl be compkatiecl wlififliii 14 weeks offlie Notice to F)mceied FEE I'lie IlUu P SUM fee all'liouinllof $143,01DO is Iirichucuve Lffthe scope w�)fvvork diascrfl�:wed iherBch ii and WN bilM : �]Hled moiilhy based on pi:flrcentage 01the work mqAeted, 51�,JBCONSULTANT' FIII F'HIPAI 1101,14 he call Oflkl tedn'u Mfl liu liu� ludlil::! the fDHOW41g subconsulltaltnL! Gam boa 11 ng�! l eeli� sp LLC,Aa� lo G:13iii ii boa, R :,, wfll !:)rovIde e le<ftrica Iii id li ii usfo uii nen Pa lJoi g nein d iig!!T)eeii-i�'ligseii-vices County airid Vfiw n u Dade Couil I Nease C01IR aCt LIS ff YOU haw quesbcn is ou coil niilllleu 0 s" We look fm ii'd T o 7,%,oil kiT q wlid u You oil ii ths :)roj I e c Sincer6y, CAROL U.) ENGHI': ERS, RJR Eflubeth "L.u'Vlkawa, IIPE, '�TID A,P V'i(ePire!!Odent Page 918 of 1207 Page 919 of 12Q7 N relTri-M-11 =1 CITY OF ip BOYNTON BEACH , AGENDA ITEM REQUEST FORM tzJAWESTED ACTION BY COMMISSION: Approve Task Order UT -1A-02 with , No. T4b-2FZr-TfnV_,Ue_ne_r_al Consulting Services Contract, Scope Category A awarded by Commission on August 7, 2018. Services include the design, permitting and services during construction to implement electrical and standby power improvements to western welifield, wells 4, 5, 7 and 8. EXPLANATION OF REQUEST: The utility is required to have adequate back-up power to the raw water wells to ensure continuity of supply during a power outage. Wells 7&8 were designed With a power supply from the West Water Treatment Plant (WVVT;..,The vol.1pe of Ihh -2 00 oisconnected and lne wells converted to 480 Volt power supplied directly from Florida Power and Light (FPL). In order to ensure adequate raw water flows to the plant a new permanent standb ip enerag &11� 1-" IN RENE . W_0001 16 4 tromliew Denino land will improve the reliability ofthe potable water supply from the WWTp ensuring that the raw I water supply is available during a major autpower outage, FISCAL IMPACT: Budgeted Funds are available in account 403-5000-533-65.02 VVTRI05 ALTERNATIVES: The utility is required to provide sufficient omatic power backup facilities to ensure continuity of supply during power utility issues. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type a & Riadurn, Description Task Order LIT -1A-02 UT -IA -02 Fee Schedule haps:Hboyntonbeach.novusagenda.coiiVAgendaPublielCoverSheet.aspx?ltemlD=6443&M... 8/16/2019 Page 920 of 1207 Ri F z x z E� H H H W � H U) m O zi H Oi f H RC H F O Hi H 1 H O co W q W C', i U) H 5y1 e 2 z i H I 0 0 0 roa m H '�7 W W C7 C=1 U7 q U} C4" W H U) W U RB a� US �C Cl H H W q W0 0 uiq xG wzcx U O U11 �W r4 W �W rrH H H Q zH 00Z W (7 CJ W 0 4 z FAW W Hq '7-FWr03 4w U R+ H I P S rCO H H Oar PWUU80 wo W1, zS»�h(iW OI s 'Sp �iLdW'aH+X H cvrntYu7r 070)00 U/CORC�R°+a;a��raCOUc�tz UtF'�;E-+HRaHFC�H M 4 O N z O H F H cit H Cy fx Eo o ,mow 1 ca cs 00 0 0 0 i7 0 r°r � �-I H I z ra O to H H en S4 O Ung f=e CHH z W E+ H H ra c> Ln rt rn Ln H 0 0 �o Oen U m rj C3 4 -r HE s q at W �✓WC> e3 0 P4 CV UO Q 11FZUaq �0 �s"gygau]C7 WU? H HR HCB+ �FzO �q NE FC WCCttH"HwW O U 10, QUU ZWFI F 'z 0. ZWH�4 OH W UR<o Q UU q z2WOW m FHiWOE in Ww H H �aL eP�00 W 070 q Z WXW*r GaO NPP W A4 0 0 ?HXfY7 e a 'Hu)coN HX>E,UWWH,'g�nQ; Q W"rx =W 4com" N qHD m O FPNEH ,O N W�HHC7CW1wO'Dw uii u) :E;(Ye R4 ,Nx HUi °si H E.prx 'r7 :pXo WMH (Y Psz�r�-WW 000litW01040� Page 921 of 1207 W Consent Agenda 7/6/2021 Requested Action by Commission: Proposed Resolution No. R21-072 - Authorize the City Manager to sign Amendment No. 1 to Electric Vehicle Charging Equipment Agreement between City of Boynton Beach and Florida Power & Light Company (FPL) modifying the equipment locations and agreement term. Explanation of Request: On April 2, 2019, the City Commission approved Resolution No. R19-037 authorizing the City Manager to sign an agreement between City of Boynton Beach and Florida Power & Light Company (FPL) for FPL to install and own electric vehicle charging and related equipment on City Property. Per the agreement, FPL provides the following at no cost to the City: charging equipment, installation & maintenance, dedicated EV parking stall striping & signage, and EV driver support. As host, the City agreed to the following: a seven-year commitment with the option to renew, to offer charging as a free amenity for their employees or patrons, and to cover the cost of power from EV charging at the property's current electric rate. This Amendment No. 1 to Electric Vehicle Charging Equipment Agreement deletes the original Exhibit A (identifying locations at City Hall and the South Parking Garage) and replaces it with a new Exhibit A that identifies locations at City Hall (4 spaces), Oceanfront Park (2 spaces), Officer Joseph Crowder Park and Dog Park (2 spaces), Barrier Free Park (2 spaces), and Intracoastal Park (2 spaces). The Amendment also replaces Section 2 "Term" stating that the initial term of the Agreement shall terminate in seven years on J my 31, 2028, and unless terminated earlier, shall automatically renew on a year-to-year basis until July 31, 2031. How will this affect city programs or services? This Agreement as amended provides free public electric vehicle charging at a total of 12 charging spaces in locations distributed throughout the City. The charging equipment has already been installed at City Hall and will be installed at the other four locations identified in Exhibit A. Fiscal Impact: There is no financial obligation associated with this agreement. FPL will cover the costs of charging equipment, installation, maintenance, parking space striping, and signage. The cost of laying electrical cable to the EV charging equipment locations, not to exceed $40,000, is budgeted in the Fiscal Year 2020-2021 approved Capital I mprovement projects for the 303 Fund (Surtax Dollars) under Citywide Sustainability Upgrades (Account number 303-4199-580.63-00). The City will also cover the cost of electricity used during active charging as stated in the Agreement. Alternatives: Not authorize the City Manager to sign the amendment. Page 922 of 1207 Strategic Plan: Boynton Beach Branding, Transportation and Mobility Strategic Plan Application: Branding Boynton Beach as a sustainable city; promoting transportation electrification. Climate Action Application: 2020 Climate Action Plan Strategy C-1.3 Electric Vehicle Infrastructure. Objective: Expand electric vehicle charging infrastructure and promote community use of electric vehicles. Is this a grant? Grant Amount: Attachments: Type D IRESOkAtioin D Airneindirneint D Agireeirneint Description IRESOkAtioin appiroAing Airneindirneint INo, 1 tc..) IC: V EqUlipirnint Agireeirneint Wth IF::: Airneindirneint I 1 tc..) F::T1 IEV EqUlipirneint Agireeirneint F::: IF) I IEV EqUlipirneint Agireeirneint Apirill 25 2019 Page 923 of 1207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AMENDMENT NO. 1 TO AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY MODIFYING THE EQUIPMENT LOCATIONS AND AGREEMENT TERM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 2, 2019, the City Commission approved an Agreement between the City and Florida Power & Light to install and own electric vehicle charging and related equipment on City Property; and WHEREAS, Amendment No. 1 to Electric Vehicle Charging Equipment Agreement deletes the original Exhibit A which identified locations at City Hall and the South Parking Garage, and replaces it with a new Exhibit A that identifies the current locations at City Hall, Oceanfront Park, Officer Joseph Crowder Park and Dog Park, Barrier Free Park and Intracoastal Park; and WHEREAS, the term of the original Agreement is amended so that they Agreement will automatically renew on a year-to-year basis until July 31, 2031; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize the City Manager to sign Amendment No. 1 to Electric Vehicle Charging Equipment Agreement with Florida Power & Light Company to modify the equipment locations and agreement term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Agreements\Ainendinent 1 to Agreement for Electric Vehicle Charging (FPL) - Reso.docx -1- Page 924 of 1207 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 32 approves and authorizes the City Manager to sign Amendment No. 1 to Electric Vehicle 33 Charging Equipment Agreement with Florida Power & Light Company to modify the 34 equipment locations and agreement term, a copy of Amendment No 1. is attached hereto as 35 Exhibit "A". 36 Section 3. That this Resolution shall become effective immediately. 37 PASSED AND ADOPTED this 6th day of July, 2021. 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ATTEST: 54 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 60 61 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga VOTE S:ACA\RESO\Agreements\Ainendinent 1 to Agreement for Electric Vehicle Charging (FPL) - Reso.docx -2- YES NO Page 925 of 1207 AMENDMENT NO. I TO ELECTRIC VEHICLE CHARGING EQUIPMENT AGREEMENT This AMENDMENT NO. 1 TO ELECTRIC VEHICLE CHARGING EQUIPMENT AGREEMENT ("Amendment No. 1") is made and entered into as of this day of July, 2021 (the "Effective Date"), by and between City of Boynton Beach ("Host") and Florida Power & Light Company ("FPL"). Host and FPL are referred to individually as a "Party," and collectively as the "Parties." RECITALS WHEREAS, the Parties entered into that certain Electric Vehicle Charging Equipment Agreement, dated as of April 25, 2019 (the "Agreement"). WHEREAS, the Parties desire to amend the Agreement in certain respects as further described in this Amendment No. 1. NOW, THEREFORE, in consideration of the covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, agree as follows: 1. Amended Provisions of Agreement. 1.1 Exhibit A to the Agreement is hereby deleted in its entirety and replaced with the Exhibit A attached to this Amendment No. 1 as Schedule 1. 1.2 Section 2 to the Agreement is hereby deleted in its entirety and replaced with the following: "2. Term. Subject to this Section 2, the initial term of this Agreement shall terminate on July 31, 2028 (the "Initial Term"), and unless terminated earlier as herein provided, shall automatically renew on a year-to-year basis after the Initial Term until July 31, 2031 (each year, a "Renewal Term," and each Renewal Term together with the Initial Term, the "Term"). If either Party elects not to renew this Agreement for a Renewal Term, then such Party must give a written notice of termination to the other Party at least 90 days prior to the expiration of the then -current Initial Term or Renewal Term, as applicable. In the event such notice is delivered, no further automatic extensions shall occur and this Agreement shall terminate at the end of the then -existing Initial Term or Renewal Term, as applicable. The Company may terminate this Agreement at any time and for any reason by giving 30 days' prior written notice to Host." 2. Miscellaneous. 2.1 No Other Modifications. Except to the extent specifically provided in this Amendment No. 1, all terms and conditions of the Agreement shall remain in full force and effect. Page 926 of 1207 2.2 Definitions. All capitalized terms used but not defined in this Amendment No. 1 shall have the meaning set forth in the Agreement. 2.3 Governing Law. This Amendment No. 1 shall be construed in accordance with and governed by the laws of the State of Florida without giving effect to its conflict of laws provisions. 2.4 Amendments. No amendment may be made to this Amendment No. 1 unless first agreed to by the Parties in writing. 2.5 Counterparts. This Amendment No. 1 may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Amendment No. 1 and all of which, when taken together, will be deemed to constitute one and the same agreement. Page 927 of 1207 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to be executed as of the Effective Date. City of Boynton Beach By: Name: Title: FLORIDA POWER & LIGHT COMPANY By: Name: Title: Page 928 of 1207 Schedule 1 (see attached) Page 929 of 1207 Exhibit A-- Location of Equipment Property Address: City Hall; 100 E. Ocean Ave. Number of Spaces: 4 spaces Al _ mZ byr Fjf D q I ^ Ew+ TYPE H t ry�"� — �L„��w iC°HJiko;[MIa”;"�y`fT@�T[OH r �F STATION + EOCENE UIISOHHEc-T— ,�_ I a'� a J Fir �y b HMH JL ,y,HoOL olaOFQLUiEkf. F& V p - ' 'rmEW FPL iMAD MDJNT 4 irvN IS E PA 'p VENa'ISTIN6 FPL T'kANSFIMEQ,Iy� .SLC ., TO RE R�Ee>O�'vE0 _ I - F —1 "Ll ` ..EV TYPE ]I F& Fb'�.^" " LI-44RL3Ktl iT6730H F 5k IIaII m C-41 d z"Ll I r' llE TIa1I' 1 Va iC ?� W x — F` G. w L 1, ITt t"[NG -- .�.-1d PEVESTRU N r y FEUESTRI 9 "YF 1L%; —Tm'h E HH — ",�` -� °1�0'[Ni� ..,, ,.�q,,,�Y="�+" '1L�S�dgr mR0'[Y4� ... ."7rara„ liL' F* y EHFF-1� 1Lti+%—i T 0�'E •r' EHtY7 EHH-1 -------- _ ---- ee sire ac,�--------------- 1U—NL:E I-----�`� '------ ,""� E. OCEAN' AVE MOD TRLIV"K Page 930 of 1207 Exhibit A-- Location of Equipment Property Address: Oceanfront Park, 6415 N Ocean Blvd., Ocean Ridge, FL 33435 Number of Spaces: 2 spaces Page 931 of 1207 Property Address: Officer Joseph Crowder Park and Dog Park, 800 Renaissance Commons Blvd., Boynton Beach, FL 33426 Number of Spaces: 2 spaces Page 932 of 1207 Property Address: Barrier Free Park, 3111 S. Congress Ave., Boynton Beach, FL 33426 Number of Spaces: 2 spaces Page 933 of 1207 Property Address: Intracoastal Park, 2240 N Federal Hwy, Boynton Beach, FL 33435 Number of Spaces: 2 spaces Page 934 of 1207 gwmxIII N � f ORMI��I� IIIN 9FIR 1 i I I I o i r FI i -1Ii - 70111[! f1 }; 1i i.r-;414vtT if1: I'Y;,; ` iA: IC 1 x: k h{..ill Y1 .: 1 1 1".Pr •. I mv &# !'i .1'li! i? i I4 1 :,/ I Irl 1141, h .1: Flri 4. it lr Page 935 of 1207 waiving Party's insurance. Each Patty shall waive all rights of subrogation of Its rejective insurers. S. Indemnlficalion. Each Party (the "jndemnfi ng, Pr yr") shall indemnify the other Party (the °Indemnifred_Pa& from and against all losses, Balms, damages or expenses, Including attorneys' fees, Incurred bythe Indemnified Party in connection Wth any Balms for personal injury or death W persons and damage to property (including environmental damage) arising during the Term, to the extent arising from the negligence or willful misconduct of the Indemnifying Parry, its agents, employees, representatives, contractors, affillates or sub -contractors. Subject to the next sentence; neither Company nor Host shall be .liable to the other for consequential, special, .exemplary, punitive, Indirect or Incidental losses or damages or for any Ioss of use, cost of capital, loss of goodwill, lost revenues or loss of pmfd, nor shall any parent; subsidlary, offlliats or employee of either Party have any liability under this Agreement, and Company and Host each hereby releases the other and .each of such parsons and entifles from any such liability. The foregoing exclusion shah not be construed to .limit recovery under any indemnity or defense obligation of Host under Ihis .Agreement related to third party Balms. In no event shall the aggregate damages payable by a Party hereunder for any reason whatsoever exceed . Three Hundred Thousand U.S. Dollars ($300,000.00). Notwithatending the foregoing, this finfiml shall not be construed or Interpreted as a waiver of frosts sovereign immunity and the limits established in Section 7136.28, Flodda Statutes. This section shall survive the expiration or earlier termination of this Agreement. 9. EgUlpmpJn tR Remain Personal Property of Comga— and Raleca<tion of gguipmerit The Equipment Is and will remain the property of Company, Its successors or assigns, regardless of Its use ormanner of attachment to the Property. Host agrees to execute such further documentation as Is reasonably necessary to ensure that the Equipment does not constitute, and Is not deemed to be,. a fixture alleohad tothe Property. During the Term, Host may request; In writing, that Company move the Equipment to another location on the Property. If Company approves such relocation, in its commercially reasonable discretion, Comparry► shall, at the Host's cost and expense, relocate such Equipment on terms mutually agreed upon by the Parties. 10. Reereagollona. Each Party represents and wmrants to and covanants with the other Party that: (a) such Party has full right, power and authority to execute this Agreement and that this Agreement shall bind and benefit the Parties and their respective successors and assigns; and (b) such Party's execution and performance of this Agreement will not violate any taws, ordinances, covenants or other agreement binding on such Party. Additionally, Host represents and warrants to Company that It has good and unencumbered tills to the Property either free and clear of any Ilene, mortgages or other encumbrances, or of any tion, mortgage or other onoumta'ance exists, then such hen, mortgage or other encumbrance (or any environmental restdoilon) will not prevent the performance of this Agreement or burden or encumber the Equipment. 11. Default An'Eyent of means that a Darty fails to fully perform any of its covenents under this Agreement within sixty (tip) calendar days after such defaulting Party receives written notice of such default from the non -defaulting Party; Provided, hQMr 1f such default cannot reasonably be cured within such sixty (60) day -2- time pafiod, defaulting Party shall not be deemed in default hereunder if defaultng Party has commenced to cure such default within said sixty (60) day time period and thereafter continues m6h diligence 10 complete the cure of such default.. 12. Renedles. Upon an Event of Default as set forth In Sedan 11, note-defaulfing Party may (i) perform, or cause to be performed, on behalf and at the expense of defaulting Party, any or all of the undertakings or obligations as to which defaulting Party remains in default, in which event defaullingParlrwillreimburse non - defaulting Party for such actual reasonable costs and expenses, within forty-tiva (46) days following receipt of Invoice and supporting doc umerWon; (tt) exercise any remedy that such non-defauitng Party may have at law or in equity and {#II) terminale this Agrowerd upon 30days' prior written notice If the defaulting Party has not cured such default by the expiration of such 30 -day period. Notwithstanding the preceding sentenos, Host may not perform any right or obligation of Company underaS c ion 1 or take any other action that relocates or physically alters any of the Equipment. 13. nmsmt. Neither Parry shall assign thNAgmementor any Interest herein without the prior written cmmrd or the other Party; o ided that the Parpes acknowledge that the Equipment may be covered by Company's utility financing s1ruucture. 14. Notices. All notices, demands, requests, consents, approvals and other instruments required or permitted to be given pursuentto thisAgireementshall be In writing, signed by the notifying Party, or officer, agent or attomey of the notifying Party, and shall be deemed to have been effective upon delivery If served petsona0y, Including but not limited to delivery by messenger, overnight courier sarvic. or by overnight express mall, or on the third (3Td) business day after posting if sent by registered or certified map, postage prepaid, return receipt requested, and addressed as follows: o s : To the address set tenth In the Preamble above DCompon ; To the VP of Corporate Reel Estate atthe. address set forth In the PraamWe above. IL No QuarardoLm or Warranties. NOTWITHSTANDING ANYTHING TO THE CONTRARY HE=REIN, THE. PARTIES ACKNOWLEDGE THAT COMPANY IS NOT PROVIDING ANY GUARANTEES (INCLUDING GUARANTEES OF PERFORMANCE) OR WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING Ai.L WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE), UNDER THIS AGREEMENT 10, miscausneouso (a) Amendment. No modification, waiver or amendment of this Agreement or of any of Its conditions or provisions shall be binding upon a Party unless in writing signed by that Party. (b) governing LeMr Wefver of Jury Trial. Ibis Agreement shall be subject to and governed by the lavas of the State of Florida, wfihout regard to its conflict of laws principles. The Parties agree that any action or proceeding arising out of or related In any way to this Agreement shall be brought solelyin a courtof competentiudsdiction In the State of Florida. FACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WANES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY .FURY Page 936 of 1207 (Wmpi n @FlioildaY.' 'u lu'l Ili im 11 Page 937 of 1207 . . ................ .. . . .... ._„II 4f ue P,4Of, ' A FAV IM -34A4 tP II Is II F:l,r, I I-py-Im 11, rTI., BouthGarage 11 k II N 4f ue P,4Of, ' A FAV IM -34A4 IL 1� ILTA-1, II Is II A . .... .. . .... ... . .... . ..... .... . . . ..... IlIvr, TURVIZ—V 'SM.. A 1(4� CVIYPE 1111 /F'CHARWlW',SI1An0NS SOUTH apr:gS _ LAYOU.11.L ISO) PARKNO GARAGE City Center IFPA�.AVM , - .. . ...... ... , ...... . NIE I IsT Aq, El P'N EIV TIME 51 JARGM 0. D.o& [ff5tMhNMl Ir of . . . . .... ... Flo j rm HNa "IM0 'p -0i e f HIM . . ...... ... SCHOUL o, . ........... ......,,,,Ir an lrv.�L VIAD KIINT MAMU4 F4 Fe nl%. ....... FPL lNAMXnMQ P.ta rox, icmwvi� ................................ ............................ ft F,4! �v -TINIZ $ 1111 s v”. .. . ..... . . ..... MINIM�gIN F, rq r"Ium jj m!s F4 YK: 4 N CRONSID46'. EXCISSIM37— q.�p 11 - - I ? In Prll !�� , r mm", milli . .......... ... ......... . . ...... .......... .... ........... ..... ........... .......... . . . ...... ............ ...... . ...... _ diad . .......... ..... . . .... ........... ..... M DICIlIvAl'i ilkylF.; rml MUM I'm Page 938 of 1207 II IFPA�.AVM , - .. . ...... ... , ...... . NIE I IsT Aq, El P'N EIV TIME 51 JARGM 0. D.o& [ff5tMhNMl Ir of . . . . .... ... Flo j rm HNa "IM0 'p -0i e f HIM . . ...... ... SCHOUL o, . ........... ......,,,,Ir an lrv.�L VIAD KIINT MAMU4 F4 Fe nl%. ....... FPL lNAMXnMQ P.ta rox, icmwvi� ................................ ............................ ft F,4! �v -TINIZ $ 1111 s v”. .. . ..... . . ..... MINIM�gIN F, rq r"Ium jj m!s F4 YK: 4 N CRONSID46'. EXCISSIM37— q.�p 11 - - I ? In Prll !�� , r mm", milli . .......... ... ......... . . ...... .......... .... ........... ..... ........... .......... . . . ...... ............ ...... . ...... _ diad . .......... ..... . . .... ........... ..... M DICIlIvAl'i ilkylF.; rml MUM I'm Page 938 of 1207 Exhibit B—Fora of Signage =., jmLjj . . .. . ................................ ...... . ............ ............ .......... ................... m Page 939 of 1207 Page 940 of 1207 6.J. Consent Agenda 7/6/2021 Requested Action by Commission: Authorize the rejection of the one (1) bid submitted in response to the solicitation for "Boynton Beach Boulevard Extension Hardscape, Landscape and Irrigation Improvements", Bid No. 018-2512-20/RW and re -bid the project with changes to specifications and bid documents. Explanation of Request: On April 20, 2021, The City of Boynton Beach opened two (2) proposals in response to "Boynton Beach Boulevard Extension Hardscape, Landscape and Irrigation Improvements", one was deemed non-responsive. The single proposal submitted exceeded the City's allocated budget. As only one proposal was received from Green Construction Technologies, for the project, Staff does not consider this a competitive bid. Staff recommends the following: • The design should be modified to phase the project to be inline with the established budget. • The bid form should be revised to include a base bid and allow for pricing of optional items as add alternates. • It is in the best interest of the City of Boynton Beach that this project be re -bid. How will this affect city programs or services? By phasing the design, modifying the specifications and bid documents, staff can establish a base scope of work that aligns with the established budget and provide a mechanism for optional work. Fiscal Impact: Alternatives: Do not re -bid the project and accept the bid that was submitted. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 941 of 1207 Attachments: Page 942 of 1207 6.K. Consent Agenda 7/6/2021 Requested Action by Commission: Approve minutes from the City Commission meeting on J une 15, 2021. Explanation of Request: The City Commission met on June 15, 2021 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Alternatives: Approve, amend and approve, or do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Aliir:L.aNDS Aliir:L.aNDS 06...15...2 21 Page 943 of 1207 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, June 15, 2021, at 4:15 P.M. Present: Mayor Steven B. Grant Lori LaVerriere, City Manager Vice Mayor Woodrow L. Hay James Cherof, City Attorney Commissioner Justin Katz Shana Bridgeman, Assistant City Attorney Commissioner Christina L. Romelus Crystal Gibson, City Clerk Commissioner Ty Penserga (arrived during closed door session) 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call City Clerk Gibson called the roll. A quorum was present for the closed -door session. Closed -door session held on Tuesday, June 15, 2021, at 4:15 p.m. for a private attorney- client session to discuss pending litigation case of: Patrick McFadden, Plaintiff vs. City of Boynton Beach, and Mark Sohn, Defendants — United States District Court, Southern District of Florida, Case Number: 9:20-cv-81237-RS Assistant City Attorney Bridgeman announced those attending the closed -door session included the City Commissioners, City Manager Lori LaVerriere, City Attorney James Cherof, Assistant City Attorney Gal Betesh, and a court reporter. The session was anticipated to last about 45 minutes. Attorney Bridgeman noted should a Commissioner who was not currently present arrive during the close -door session, it will be reflected when the meeting reconvened. The meeting recessed at 4:18 p.m. Mayor Grant reconvened the meeting at 5:31 p.m. with all Commission Members present. Invocation by Rev. Laurie Durgan, Unity of Delray The Invocation was given by Rev. Laurie Durgan of Unity of Delray. Pledge of Allegiance to the Flag Vice Mayor Hay led the Pledge of Allegiance to the Flag. Page 944 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Motion Commissioner Penserga moved to approve the agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Katz had no disclosures. Commissioner Romelus had no disclosures. Commissioner Penserga disclosed that he spoke with Kelly Smallridge of the Business Development Board (BDB) and Harvey Oyer. Vice Mayor Hay disclosed that on June 12th, he participated in feeding South Florida and met with the Coalition of Clergy. Mayor Grant disclosed that on June 3rd, he attended a meeting with the Taipei Economic and Cultural Office in Coral Gables welcoming the new Director General. On June 5th, he met with Community Greening regarding the tree planting in Barton Park and he also met with the Boynton Beach Garden Club. On June 7th, he attended the ribbon cutting of the Pride Flag and that evening he attended the Downtown Business Coalition meeting on the Sea Mist III. On June 8th, he met with the Transportation Planning Agency (TPA) and City staff regarding the Boynton Beach Boulevard and 1-95 interchange transportation improvement project. On June 12th, he attended the Community Redevelopment Agency's Rock the Block. On June 13th, he met with the National Commander of Korean War Veterans and also met with the local Boy Scouts. On June 14th, he attended the Waste Water Treatment Board meeting. He also attended a meeting with representatives from Faith in Florida, and St. John's Missionary Baptist Church. He also attended the BDB meeting where the topic was what to do with office space. Later on in the evening, he met with the Free Masons. He also met with Congresswoman Lois Frankel. 3. Announcements, Community and Special Events and Presentations A. State Representative Omari Hardy to provide an update on the 2021 Florida Legislative Session. Omari Hardy, State Representative, provided an update on the 2021 Florida Legislative Page 945 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Session. He stated this was his first legislative session. This legislative session was challenging for everyone involved. The State of Florida was open except for the Capital. This was a very important session with dealing with Covid and the economic fallout from Covid. Affordable housing was cut by 50%. This year's legislation passed a $101.5 billion - dollar budget. Included in the budget was $100 million dollars for the cleanup of the Piney Point phosphate plant. More than $750 million dollars was allocated for the maintenance and construction projects for schools, colleges, and universities. A bonus of $100 million dollars for teachers, police, firefighters and paramedics. $56 million dollars to upgrade the states DEO system and $500 million dollars to combat sea level rise. HB 1 Combating public disorder, pushed by Governor DeSantis following the 2020 protest over the murder of George Floyd, the bill criminalizes free speech and public assembly, creates new crimes and enhanced penalties for existing crimes committed in furtherance of a riot and encourages counter -protests by the far -right. SB 90 Elections greatly restricts vote -by - mail practices, places burden on the Supervisor of Elections office and discourages voter participation. SB 1028 Education, recently signed by Governor DeSantis on June 1, 2021 expands charter schools, expands the definition for high performing charter schools sponsored by FCS or SUS. Most notably is the "Fairness in Women's Sports Act" which bans transgender girls, from elementary to post -secondary schools, from participating in female sports. District 88 secured $1 million -dollars in appropriations for the community. The Heart of Boynton Beach unfortunately did not make it into the appropriation. HB 1531 Local Law Enforcement Agencies designates criminal justice standards and training commission as public safety standards, training and accreditation commission. Requires cities and counties to create public safety departments and limits when law enforcement may initiate traffic stops. HB 1609 Criminal Justice did not pass. Mayor Grant inquired what will the State Representative be doing next. Representative Hardy responded to Google him to see that he is running for another office. Vice Mayor Hay inquired if the house bills that failed will be resubmitted. Representative Hardy replied absolutely, he does not believe in giving up before you start. The bills will be refiled and they will be better. B. Report from Chief Stables on the COVID-19 vaccine distribution at the Ezell Hester CommunityCenter. Jim Stables, Fire Chief, reported on the COVID-19 vaccine distribution at the Hester Center. The program ran for eight weeks and over 6,000 vaccinations were administered to the residents of Boynton Beach. The first four weeks was the first round of vaccinations and the next four weeks was the second round of the vaccinations. During cycle one, there was a 65% decrease in vaccinations. News about the Johnson and Johnson shot causing health issues slowed down the process. City Manager LaVerriere stated that staff dropped what they were doing to get the Page 946 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 distribution site at the Ezell Hester Center up and running. She truly appreciated the sacrifice that was made by staff. A special thank you to John Durgan and Chelsea Sanabia who made personal appointments for over 100 residents that did not have access to a computer or needed help with setting up appointments. Without their assistance, these residents may have not been vaccinated. Also, a special thank you to Julie Oldbury, HR Director, who turned a current software program used for scheduling physicals for firefighters into a system that scheduled vaccination appointments for the community. Everybody pulled together and made a difference in the community. Moving forward, the City is not stopping the vaccination effort. The City continues to partner with the County mobile units. The City is planning on having the mobile unit at future events. Vice Mayor Grant inquired were numbers available on how the City compares to surrounding cities in the percentage of vaccines to have been distributed. City Manager LaVerriere responded that she will get those numbers for him C. Citation recognizing Mrs. Sue Jones, RN for her volunteerism in assisting the City with theCOVID-19 vaccine distribution efforts at the Ezell Hester Community Center. City Manager LaVerriere stated she met Mrs. Jones sitting in the 15 -minute waiting area. Mrs. Jones was walking around and talking with people on how they were feeling and what they should do with the vaccination cards. Mrs. Jones brought calm and peace to the room. Mrs. Jones is an amazing volunteer. Sue Jones, RN, accepted the Citation and quoted Oprah Winfrey "Don't worry about being successful but work toward being significant and the success will naturally follow." This past year has been trying for people in many ways and many people have stepped up to help those in need. Mrs. Jones is a member of the Palm Beach County Black Nurses Association and volunteers with them. She works with Dr. T. Leroy Medical Society, Unified Palm Beach County, The Black Legislative Caucus, the Boynton Beach Coalition of Clergy and others. This group came together to help those in a time of need. She thanked the City of Boynton and Fire -Rescue for the work they are doing in the Community. She then thanked her husband, family and friends for their support. City Manager LaVerriere thanked Assistant Chief Prince and the Fire -Rescue medics for all their work as well. D. Proclamation recognizing June 19, 2021 as Juneteenth Day, a celebration of freedom. DarrylSanders, Jr. of ChevyDTV Foundation, Inc. will accept the proclamation. Mayor Grant proclaimed June 19, 2021 as Juneteenth Day. Darryl Sanders, Jr., of ChevyDTV Foundation accepted the proclamation. Mr. Sanders read the history of Juneteenth Day. ChevyDTV and Boynton Strong invited the Commission and City staff to attend the Juneteenth event on June 12t". Mr. Sanders asked the City to sponsor and fund the entertainment budget of $1,300 dollars for the Juneteenth event. Page 947 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 E. Announcement of the City of Boynton Beach's 4th of July - Red, White & Blue with a WaterfrontView Event, by Eleanor Krusell, Marketing & Events Director. Eleanor Krusell, Public Communications and Marketing Director, announced the Red, White & Blue with a Waterfront View Event. The event will take place at the Intracoastal Park on Sunday, July 4t", from 6:30 p.m. to 9:30 p.m. There will be live music, food trucks and a hydro flight show. This event will be one of the largest Zambelli Fireworks display in Palm Beach County. Dress to impress in your favorite 4t" of July outfit. The Mayor and City Manager will select their favorite attendee to appear on stage for a photo op. Attendees are encouraged to bring chairs and blankets. Onsite parking is limited. There will be a free shuttle service to parking lots located at 114 and 222 N. Federal Highway, 3301 Quantum Boulevard and 715 S. Federal Highway. To learn more about this event, go to boynton-beach.org/July4. City Manager LaVerriere announced that Debbie Majors, Grants and ADA Coordinator, will be retiring after 33 years of service. She thanked Mrs. Majors for her dedication and hard work and said the City would not be a leader in accessibility for a government entity without her. Mrs. Majors has made a difference in the City of Boynton Beach. Debbie Majors, Grants and ADA Coordinator, thanked the City and said it has been an honor working here. F. Announce the FY 2021/2022 budget workshops to be located at the Police Station CommunityRoom, 2100 High Ridge Road at the following dates and times: Monday July 12, 2021: 5:30 p.m. Tuesday, July 13, 2021: 10:00 a.m. Wednesday, July 14, 2021: 2:00 p.m. (If needed) The Commission adopts a Preliminary Fire Assessment Resolution and Tentative Millage Rate Resolution at these workshops. Mayor Grant read the dates and times for the FY 2021/2022 budget workshops. G. Presentation by Paola Mendoza, Associate Engineer, Public Works Engineering Division, on anew initiative that addresses speeding through neighborhoods, "Drive Safe Boynton". Paola Mendoza, Associate Engineer, Public Works Engineering Division gave a presentation on "Drive Safe Boynton". Commissioner Penserga thanked Ms. Mendoza and Mr. Dunmyer for their work. This is a very important topic for the residents in his District. In his District there is a reoccurring problem of drag racing. He asked if there are plans to address this type of situation. Page 948 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Gary Dunmyer, Interim Public Works Director, explained this program is designed for neighborhood roads and the problem the Commissioner was referring to is along Lawrence Road. This is a larger issue and he will work with Sgt. Hawkins to come up with an initiative. Mayor Grant stated that Palm Beach County controls all the traffic lights in the County. He requested for a Future Agenda item a resolution from the Commission requesting that Palm Beach County traffic allows for prioritization of pedestrians outside of rush hour. Commissioner Katz requested a presentation before the resolution to educate the Commission on prioritization of pedestrians outside of rush hour. Vice Mayor Hay agreed with Commissioner Katz that a presentation with more information would be helpful. Mayor Grant stated not having people jaywalking on Boynton Beach Boulevard and pedestrian safety is a priority. Mayor Grant directed staff to come back with more information and to have someone from Palm Beach Traffic speak at a Commission Meeting. Commissioner Katz requested to have information on other cities who have already done this and have they been successful. Commissioner Romelus thanked Ms. Mendoza and said this is exciting news. She asked that the City look into the traffic flow on SE 2nd where Betty Thomas Park is located. Drivers cut through these streets with no regards to safety of the people who live there. Commissioner Katz requested to add to the list of communities that are not gate restricted, Leisureville which has been a cut through community for a long time and Renaissance Commons Boulevard, the section that runs behind Target. Mr. Dunmyer commented that Renaissance Commons Boulevard is a private road. Vice Mayor Hay asked that Village Royale is not forgotten in this process; they also have the same problem. H. Update on recordings of public meetings. Crystal Gibson, City Clerk, gave an update on the recordings of public meetings, especially advisory boards. In the past the recordings were available upon request. The recordings are now assessible by the public through a link on the City's Advisory Board Webpage. 4. Public Audience Page 949 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair,this 3 minute allowance may need to be adjusted depending on the level of business comingbefore the City Commission) Susan Oyer, 140 SE 27th Way, thanked Mr. Dunmyer for addressing the street drag racing problem. She has been complaining for years about what is going on in Seacrest Estates and not to leave SE 2nd Street out of this program. Ms. Oyer suggested that the City starts fining the non -electric cars that are parked in the electric car charging lot. She also stated it is time to get rid of the fanning palm trees; they are not trees, they are grass. Tory Orr, 106 NE 7th Avenue, on behalf of ChevyDTV and Boynton Strong, invited all to attend the Juneteenth event on Saturday, June 19th. Mr. Orr also commented on the City sponsoring the $1,300 for the entertainment at the event. City Manager LaVerriere stated that the City will fund the $1,300 dollars for the Juneteenth event. Imon Kareem, 214 NE 3rd Street, stated he is very excited to hear about what the City has decided to do with monuments. His good friend is with him tonight to talk about why it is important to have something that honors the people of Boynton Beach and throughout the Nation that have fallen. Santiago Vasquez, 213 NE 3rd Avenue, an army veteran who served in Operation Desert Shield, Desert Storm and in Guantanamo Bay, Cuba. He is also a retired Broward County Sheriff Sergeant. He is currently the President and COO for Global Accountability Core. Places like Washington, D.C., and other cities to remind of the past that we have here in our American history. Statues of past leaders, even some that come with controversy still stand before us, before you and me. This is the American history that we all have to accept. American history that whatever happened in the past, we can control our outcome and denials and errors to protect our future and the mistakes of our past. He is proud of his country in which five generations before me, myself, my brother, and now my son serves our country looking forward to America's success without regrets. People are killed in wars, act of terrorism, act of domestic violence and worldwide pandemics. My condolences go out to all those families that lost someone early. This happens. That is something that our government and our people and our future must change to better serve not only this generation but many more that are still to come. We mourn by going to cemeteries, going to churches, a temple, synagogue or even a mosque to reflect on those who are taken from us early. Some people do not like to go to places like that. Some do not have a special place. Boynton Beach leads the way for caring for its community, its businesses and everyday people that travel in and out of the City. As a traveling man, he communicates with hundreds of your business owners and residents, and he can say they are all in agreement they love this City. Thousands of people have passed defending countries, beliefs and their own family. 5. Administrative F Page 950 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 A. Ratify the selection of Trevor Rosecrans as the Chair and Butch Buoni as Vice Chair of the Planning & Development Board. Motion Commissioner Hay moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. B. Ratify the selection of Dr. Valerie Valcourt as the Chair and Lori Wilkinson as the Vice Chair ofthe Education & Youth Advisory Board. Motion Commissioner Katz moved to approve. Commissioner Romelus seconded the motion. The motion passed unanimously. C. Ratify the selection of Golene Gordon as Board Chair and Angela Cruz as Vice Chair of the CRA Advisory Board. Motion Commissioner Romelus moved to approve. Commissioner Hay seconded the motion. The motion passed unanimously. D. Discuss Art Advisory Board Request to conduct workshop meeting. Glenn Weiss, Public Art Manager, stated that the Art Advisory Board has wanted an open workshop to talk about the future of the public art program and Art in Public Places program and make recommendations back to the Commission. Mayor Grant inquired if this was different from their regular scheduled meeting? Mr. Weiss replied yes, it is. The Board would like to have a longer session and have it on a Saturday at place where the public can attend also. Mayor Grant asked if the Board has a specific place they are looking to have this meeting? Mr. Weiss responded that the Board was waiting on approval from the Commission before choosing a place to hold the workshop. Mayor Grant stated that he is in favor of this. The Public Art Committee does a lot for the City, determining what is okay and what is not okay. We want to make sure they have control of what is acceptable in our City. He said he thinks that it is a good idea to give them the opportunity. FXI Page 951 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Commissioner Penserga inquired about the what topics will be discussed at the workshop. Mr. Weiss replied that they requested to have an open-ended discussion. The subjects that have been discussed previously have to do with changes to the mural ordinance but also what kind of programs the City should have. What should be the extent of the Kinetic Exhibition, what kind of work should we be purchasing for the City, and where should they be placed in the City. Attorney Cherof clarified that this topic is on the agenda because when the request first came through in terms of it being an open-ended workshop, it was his opinion that does not give the public enough information about the scope of items that are to be discussed. That is an important element of an agenda. Mr. Weiss did provide a list of items after the agenda was sent for publishing to indicate more specifically what kinds of issues the Art Board would like to discuss in that workshop. He thinks it would be important to build an agenda around that list. Mr. Weiss responded that generally within that list as per the ordinance today for the Art in Public Places program is that the Board has the opportunity to recommend to the Commission a master plan, master planning issues and locations for art within the City. Attorney Cherof asked to go through the list so the Commission knows precisely what those items are. The discussion would be regarding temporary exhibits such as the Kinetic Biennial, special projects such as the lifeguard stations. Projects related to racial and social equity. Themes and locations of murals, that is an item on the agenda later for discussion in more detail, promotion and community engagement in public art. Mr. Weiss added collaboration with city agencies, park, public works, sustainability, economic and the CRA, all of which touch upon essentially at this particular point an unspecified list of projects for those agencies which are really the departments of the City with the exception of the CRA. It is a broad list, some of it specific, some of it general, such as the ones that jump out at him as particularly general in nature would be social and racial equity themes and location of murals. He said he thinks the mural issue, Mr. Weiss will be presenting an item later on the agenda. He thinks the agenda for the workshop is needed. Vice Mayor Hay stated that he likes the idea of the workshop. He asked for clarity on whether the Board is an Advisory Board to the Arts Board. Mr. Weiss responded the Board is an Advisory Board to the City. Vice Mayor Hay stated he would prefer to see the Art department talk about workshops, be the one to put these workshops on, not the Advisory Board. The way he sees it, the Advisory Board makes recommendations to the art department and then they make those recommendations to the City Commission. He did not see this as necessary, but adding another layer. He commented that if you are going to start talking about location of exhibits and murals and special projects, that is not the Advisory Board's job to put workshops on Page 952 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 to discuss those things, that is the art department's responsibility. Mayor Grant commented that the problem with having our Arts Commission is they cannot discuss with each other what our arts committee can do. That is why they are asking for this workshop that is within the limits of the Sunshine Law. Mayor Grant pointed out that Commissioner Romelus was having an issue with her m icrophone. Commissioner Romelus stated that if Board is willing to take the initiative to do the background work and the due diligence to do research around our Community to find things that are representative and reflective of our residents and put that in a way that is clear and defined and creates a plan to move forward and really showcases what our Community has to offer in the way of art, she sees nothing wrong with that. If anything, she commends them for that. As long as we are within our bounds of staying clear of what the law dictates that we are supposed to do in terms of properly noticing the public, making sure there is an agenda. Mostly following that agenda and making sure that the conversations are relevant to that and give the public ample notice to participate in the workshop, let them go forward. Mayor Grant stated that he agreed with Attorney Cherof, we need to have a specified agenda for the public. Looking at our ordinances, powers and duties of the committee, they are allowed to make amendments to the Art in Public Places program. They are tasked with adopting a public arts master plan to identify locations for public artworks and establishing a priority order. He feels if they want to update the master plan, they should make those recommendations to the City Commission regarding that update, and that the Board recommends expenditures for Art in Public Places programs. If they would like to say how the City should try to focus our expenditures in certain aspects including kinetic or different types of sculptures, that is important. Based upon my understanding, he would like the Art Commission to come back to us with an agenda to ratify to allow them to have their workshop. It is not an open-ended workshop, it is based upon the agenda that they agreed to have. He understands Mr. Weiss' time is valuable as well, so make sure it is not using too much of your time and it does not become a weekly event. Mr. Weiss explained that he has managed a great deal of workshops about public art both for the City of West Palm and the City of Delray Beach and other South Florida cities. The City has a very good Art Board in terms of their thinking and dialogue and discussion. He commented that he thinks not only that, but with other people who will join that workshop, you will see some good results making the program more meaningful to the Commission and to the City. The Art Advisory Board will create a recommended agenda to bring back to the Commission. Commissioner Katz inquired why these items cannot be added as discussion items to the Art Board agenda. 10 Page 953 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Mayor Grant responded because they have other items they have to discuss. The Board wants it on the weekend to get more of the public involved. Commissioner Katz stated that he shared some of the sentiment of Vice Mayor Hay. As stated in the agenda item, conducting workshops by advisory boards is unusual. He said he worries that opening that door means that every advisory board could decide to schedule workshops at their whim, once we allow this. He said he has no problem with the members of the Art Board being at noticed meetings to talk to each other in the Sunshine, but would feel more comfortable with staff having a Public Arts meeting, noticed in accordance with rules of Sunshine. The open-ended part scares him. Even if an agenda is put together, he still would not want the board deliberating over topics outside their purview that were never verified by the City Commission. He said he feels more comfortable with staff running this type of workshop because they would stay 100% within the bounds of the agenda. Members on the Art Board might have ideas that are not on the agenda, stray from the agenda and no way to moderate or stop a discussion that is off track. He is not opposed to people putting in extra effort to have a meeting and thinks that is great. He wants to make sure that by approving this, the City Commission is not ceding authority or creating new authority for an advisory board that could be interpreted as a precedent for all advisory boards to conduct meetings on broad ranging topics. Commissioner Penserga commended the Art Advisory Board. When people want to be proactive and want to do more things, that is a good problem. He thought the real difference was that the advisory board agenda is set by staff. They are not set by actual advisory board members. The meeting may be run by the Chair but they are generally regulated by an agenda set by staff. The conversation we should be having is this the kind of advisory board we want. Right now, advisory boards take lead from staff and staff takes lead from the Commission. There is the idea that they are on their own "going rogue," coming up with ideas and proposals and action steps, that are not something that staff asks for or the City Commission asks for. How do we want our advisory boards to work, which of the two? There is a compromise. If the topic is something that this Commission has supported, whether it is racial equity or topics about mural programs, that seems to be quote, unquote, "blessed by the Commission already." We also want to make it clear what the process would be for advisory board members to add agenda items that may be off the beaten path. Those situations, He would recommend that advisory board members come to a Commission meeting and present their ideas to the Commission directly. He does wish more boards would come speak during the meeting and give updates, and then from there decide if that is a direction that Commission wants to give to staff. Mayor Grant stated that we have a 3-2 vote or consensus to not have the public workshop. If any of the board members want to talk about an item, that they would come to the City Commission meeting so that the Commission can direct staff to put it on their agenda. Is that what the Commission is looking to do? Page 954 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Commissioner Katz responded he thought so. The way it is described reminds me of the CRA Advisory Board where we set the agenda by virtue of their actions by agenda and staff, we can add items to their agenda. As the Mayor said, if someone comes in and says I am an Art Board member and want to discuss this topic we can say yes add that to the agenda. Or as Commissioner Penserga said if it is a topic we do not want to explore, we could say no and it would not get on the agenda. Treating it more like the way items get on the CRA Advisory Board agenda would make me more comfortable. He said if an advisory board is going to talk about stuff and it is a topic he does not support, he would want an opportunity to say he did not want that board to stray in that direction and the majority rule would dictate. Vice Mayor Hay inquired if Mr. Weiss has considered being on the Arts Commission Board rather than on the Advisory Board. Mayor Grant remarked they are the same thing. Vice Mayor Hay commented that Mr. Weiss stated that he worked at Palm Beach County Arts Commission. Mr. Weiss responded prior to coming to Boynton Beach, he was a consultant in Public Art in Florida. He has managed a lot of workshops and programs to develop public art programs throughout the state. He said he felt that as the City's staff person he was comfortable with controlling and focusing the discussion and making it valuable to the Commission and to the City. Mayor Grant commented that it is similar to what he said earlier. If any of the board members want to talk about an item, they would come to the City Commission meeting so that we can direct staff to put the item on their agenda. Commissioner Penserga reiterated again if it is a topic that the Commission has already given blessing to, then absolutely they should have a workshop on that topic. They are trying to be helpful and it is in service of the direction the Commission has given. For example, later today, if we support the exploration of a mural arts program and they are requesting for a workshop on the very same topic that we are supporting that is in service to us. He said he sees no issue with that. Mayor Grant noted that there is difficulty in understanding what the board can and cannot have a workshop on. Commissioner Penserga stated that we will have to make that clear. If it is in service to us, he is in favor. Mayor Grant replied absolutely. Hopefully we can get an agenda and we can have the Arts Commission have a workshop. 12 Page 955 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Commissioner Katz stated that this is a question for one of the attorneys. Would this workshop have the authority to take votes, or would discussion be the only permissible activity at this workshop? Attorney Cherof responded that the open-ended workshop made it sound as though there would be no outcome. For any advisory board, the goal of the meeting is to provide a recommendation or advice to the City Commission. There has to be a conclusion to that. It certainly is called a workshop but there is nothing that prohibits a workshop that is open to the public and has the appropriate notice and report of the meeting, concluding with consensus by members of a particular board to give their advice to the Commission. That is in the art of structuring the agenda, so there could be discussion on what to take action on and then a list of what the items are that the Commission wants to receive advice on. Commissioner Katz replied thank you for the clarification. He said he does not have a problem with voting to give a recommendation. He just wants to make sure the Art Board has the authority in its normal capacity to literally vote to take action on items within their purview and wants to make sure any voter consensus is established at a potential workshop would be a recommendation that would be the majority. Commissioner Romelus inquired if the actions the board is allowed take entails approval or denial of pieces of artwork coming in from a development or something like that around the City. Attorney Cherof responded yes that seems to be what the agendas entailed in the past. Commissioner Romelus stated therefore their actions would not or could not potentially allow them to do anything else other than that. She said she did not know what was the miscommunication in this question. She felt like it was superficial and clear that the board simply wants to gather and discuss what our arts program could look like moving forward. She commented that she thinks we are making a mountain out of a molehill here and her colleagues should step back a little bit and not be so stringent on this. She remarked that this is an important discussion for a board that really has the ability to structure what the City's downtown and other parts of our City aesthetically and visually looks like. It is important to have these open discussions. Mr. Weiss with his experience and what he has done, he clearly has the ability to lead these discussions and allow for them to be productive and lead to something appropriate. She would hope this discussion leads to allowing for this board to have this workshop. This leading to the Arts Commission recommending something to the Commission that we can then go through and explore and say we accept or we deny. That would be the goal of this workshop. Attorney Cherof commented that the purpose of bringing the matter to the Commission was not to suggest that workshop meetings of a board are not legal. They certainly are legal. He explained that his concern was the way it started was an open-ended workshop. Just imagine if the City Commission agenda was published in the same manner: "The City Commission will be discussing a number of issues on June 15, 2021." That would 13 Page 956 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 hardly provide the public with the opportunity to decide whether they want to come and participate and provide their input on that. The reason he wanted to read the list Mr. Weiss provided, is that list in and of itself would be sufficient to establish the structure for conducting the meeting, which Mr. Weiss would moderate using that agenda and with the assistance of the Chair, of course, but also give the public the opportunity to know what is going to be discussed without having to come over and find out. That eliminates the opportunity for anybody to argue later on that ideas and concepts and recommendations to the Commission were developed in secret. Commissioner Romelus agreed, as long as the City is within purviews of the law in the terms of Sunshine and noticing the public, as long as we are doing that, we should allow the board to be able to, again, take this initiative to hopefully bring us back something that is productive and that will paint an image or paint a picture, no pun intended, of what the future of our arts program can look like. City Manager LaVerriere requested that the Commission keeps in mind staff time and the cost. The City Clerk will have to be there. It is potentially several hours on a weekend. We have to maintain recording. We have to do minutes. We have to support that meeting like all of our other advisory boards. We have limited staff in the Clerk's Office. Moving forward if this becomes popular to be mindful of that impact on City staff. Commissioner Romelus stated if that is one of the concerns in terms of trying to have staff come in on the weekend and do all that, perhaps we dictate that the workshop happens on a weekday perhaps after hours. That way staff members can just stay a couple of hours after the workday and help conduct the workshop. Mayor Grant stated it goes back to the agenda, the Commission will approve or not approve. He asked for a consensus from the Commission to allow the Art Advisory Board to propose an agenda and bring back to the Commission for approval. Does this open it up to all the advisory boards to come back with us for a special agenda? The answer is, yes, it does. However, it is something that the Commission understands that this is taxpayer money being used to have these meetings for their volunteer time. It is something we have to weigh the cost versus benefits. Art has the benefits of economic aspects for our City. This is important to the City's future. Motion Mayor Grant asked for a motion to allow the Art Advisory Board to propose a workshop agenda. Vice Mayor Hay moved to approve. Commissioner Romelus seconded the motion. The motion passed unanimously. E. Appointment of eligible members of the community to serve in vacant positions on City advisoryboards. Motion 14 Page 957 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Mayor Grant moved to appoint Kellie Drum as a regular member to the Art Advisory Board. Vice Mayor Hay seconded the motion. The motion passed unanimously. Vice Mayor Hay moved to appoint Dr. Stephanie Hayden-Adeyemo as a regular member to the Education and Youth Advisory Board. Commissioner Penserga seconded the motion. F. Discuss and approve Commission attendance at the Florida League of Cities Annual Conferencein Orlando, FL from August 12-14, 2021. Motion Commissioner Romelus moved to approve. Commissioner Katz seconded the motion. The motion passed unanimously. City Manager LaVerriere requested that the Commissioners who intended on going to please contact her office as soon as possible so reservations can be made. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Proposed Resolution No. R21-055 -Approve the purchase of an annual service agreement, andauthorize the City Manager to sign the service agreement with Trane U.S., Inc. for preventative maintenance of the Trane Chillers at the District Energy System for a total expenditure of $37,904.00. B. Proposed Resolution No. R21- 056 - Approving the release of Declaration of Unity of Title for Knuckles, LLC properties, located at the NW corner of South Federal Highway and SE 23rd Avenue. C. Authorize utilizing the NASPO Valuepoint Agreement 43220000- NASPO-19-ACS under MasterAgreement AR3230 for the purchase of network equipment and NCPA 01-97 for services for network equipment configuration services from StepCG in the amount of $43,405.61. D. Proposed Resolution No. R21-057 - Authorize the City Manager to sign a Federal Financial Assistance Subrecipient Agreement with the Florida Department of Agriculture and Consumer Services (FDACS) for the 2020 Managing Community Forests Grant Program for a reimbursement amount of up to $25,000. 15 Page 958 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 E. Proposed Resolution No. R21-058 -Approve Interlocal Agreement between the City of Boynton Beach and the Boynton Beach Community Redevelopment Agency (CRA) for various streetscape/lighting Improvement projects within the CRA District. F. Proposed Resolution No. R21-059 - As a part of the approval of the interlocal agreement between the City and the CRA for various Streetscape/Lighting Improvements within the CRA District, it is necessary to amend the Fiscal Year 2020-2021 Capital Improvement Fund (302) budget, which will adjust budgeted appropriations and revenue sources. G. Approve revisions to the Fiscal Year 2020-2021 approved Capital Improvement projects for the303 Fund (Surtax Dollars). H. Proposed Resolution No. R21-060 - Authorize the Mayor to sign a land use agreement betweenthe City of Boynton Beach and Ocean One for the 4th of July event to be held Sunday, July 4, 2021. Proposed Resolution No. R21-061 - Approve and Authorize the City Manager to sign the two (2) year agreement and letter of authorization with JJ Kane for the disposal of vehicles/equipment submitted by Fleet Maintenance Division and declare thirty-eight (38) vehicles/equipment as surplus and approve disposition of these items via auction using various means such as JJ Kaneon-line auction and GovDeals.com. Accept the written report to the Commission for purchases over $10,000 for the month of May2021. K. Approve the disposition of land by the Boynton Beach Community Redevelopment Agency to Habitat for Humanity of South Palm Beach County for the property located at 545 NW 11th Avenue. L. Approve minutes from the City Commission meeting on June 1, 2021. Motion Commissioner Katz moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over $100,000 — None 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. 16 Page 959 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 A. Proposed Ordinance No. 21-014 - Second Reading - Approve amendment to the Future Land Use Map (LUAR 21-003) for the Knuth Road property from Local Retail Commercial (LRC) to Mixed Use Low (MXL). City -initiated. Proposed Ordinance No. 21-015 - Second Reading - Approve Rezoning (LUAR 21-003) of the Knuth Road property from PCD, Planned Commercial Development to SMU, Suburban Mixed Use. City -initiated. Assistant City Attorney Bridgeman read Proposed Ordinance No. 21-014 and No. 21-015 by title only on Second Reading. Assistant City Attorney Bridgeman administered an oath to all those wishing to testify. Attorney Jason Mankoff, Ciklin Lubitz on behalf of Quail Ridge Country Club, stated that he submitted an email to each Commissioner and the City Clerk on June 9th. He said that there was a prior letter that was also attached to that letter that was not at the first reading. Hopefully the Commission has received both letters and had a chance to review them. He said he wanted to make sure they are on the record. Their concern has continuously been with regard to the height setback envelope which is a requirement in the City's SMU zoning district, which is going to be the proposed zoning district if a successful vote is here tonight. And the height setback envelope requires a minimum setback three times the building height for multifamily or nonresidential zoning districts. At the prior meeting, it was first turned down and came back for a re -vote. At one of the prior meetings, the staff put on the record that the setback requirement envelope will be applied to this property which is being rezoned as part of the future land use amendment. Additionally, in the email he sent, there is an email from March 2nd from the City. It states the City Attorney and he agrees that the setback regulation we discussed would be applicable to the Quail Ridge Country Club property as well. With context because it may not be abundantly clear. The property that we are talking about is not in Boynton Beach. It would never have SMU zoning. It is this property. And they are saying that would be applicable to the Quail Ridge property. Meaning that Quail Ridge would have the protection that is being provided by this SMU. That is clearly what that email is stating. Why is this important today? He did listen to the last meeting a couple of times. He knows the Commission discussed this would be a site plan issue and handled later. It is important today because it is part of your requirements for a rezoning and land use change, compatibility is one of the requirements. For our position, without the implementation and putting this height setback envelope into the record, being sure that is going to be applied and we are not opposing the rezoning and land use change. We want to make sure all understand, including the property owner, the City any future City Commission, any future City Attorney, Clerks and the buyers of the property they need to understand. We are hoping you will state on the record as the email says and staff has stated that SMU height setback regulation will be applied to this property rezone and if that is made, the height capability can be made as well. We certainly appreciate the help that City staff has given us throughout the time. He said he would be happy to answer any questions the 17 Page 960 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Commission may have. Thank you. Commissioner Katz inquired is this something recommended by legal or something that would be hashed out by virtue of a future site plan submitted at a future date and purview of that board at that time based on our ordinances and our codes? Assistant Attorney Bridgeman requested clarification about the statement, "hashed out later," as it is on the agenda now. Commissioner Katz clarified the request being made with regards to the height or the setback. The ratio, the height to setback ratio. Assistant Attorney Bridgeman replied that would be with the site plan. Commissioner Katz stated he understands the position of Quail Ridge - they do not want a building built close to their property line. This is a site plan that does not exist at this time. He understands that Quail Ridge wants to lock in assurances on the front end. Is there any reason to do this other than it is being requested by a neighboring municipality? City Attorney Cherof replied that there is no reason. Mr. Mankoff has already read into the record the point staff and myself have opined to in the past. It is not necessary to deal with this tonight. It is a site plan issue to be taken up in the future. The record of tonight's proceeding can be read back to the Commission in the future. Mayor Grant inquired could future Commissions decide to change land development regulations to allow less of a setback or increase height for this location? City Attorney Cherof replied yes. Those regulations that are expressed in the City's Code of Ordinances are not etched in stone. Mayor Grant commented that whatever is done today with our current land development regulations do apply, however those are subject to change according to future Commissions. The aspect of what he heard with the BDB is that whetherwe have appetite or any future commission has appetite to expand suburban mixed use to include two different zonings of more than 65 feet or not. As of right now, you are pretty much in the clear that it is a 75 feet setback. He asked is that setback from the property line or any adjacent property improvements? Attorney Mankoff stated that it is a triple setback, not necessarily 75 feet. We certainly understand that the regulations could change. He said he appreciates the question and Attorney Cherof, stating again on the record that his current interpretation of the code as it stands today the setback requirement would be applicable to the property. And right now, that is the interpretation of the City Attorney and we understand the codes are flexible. Thank you, Attorney Cherof. Page 961 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Motion Commissioner Katz moved to approve Ordinance No. 21-014. Commissioner Romelus seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. Motion Commissioner Katz moved to approve Ordinance 21-015. Vice Mayor Hay seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. B. Proposed Ordinance 21-018 Second Reading - Approve amending Chapter 2, Section 2-1.2 "Vice Mayor Appointment" providing for annual appointment or reappointment of new Vice -Mayor for a one-year term. Assistant City Attorney Bridgeman read Proposed Ordinance No. 21-018 by title only on Second Reading. Motion Vice Mayor Hay moved to approve Ordinance No. 21-018. Commissioner Katz seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. C. Proposed Ordinance No. 21-019 - First Reading - Rescinding previous abandonment of a portion of an unimproved five (5) foot wide alley running east to west from Seacrest Boulevard approximately 436.5 feet (ABAN 21-001), and approve abandonment of an approximately 76 -foot -long section of the five (5) foot wide alley along the south side of Lot 1, Meeks Addition to Boynton Plat. Assistant City Attorney Bridgeman read Proposed Ordinance No. 21-019 by title only on First Reading. Mayor Grant inquired about the agreement with the property owner to rescind the abandonment and does the City have that in writing. 19 Page 962 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Ed Breese, Planning and Zoning Administrator, responded the City does not have it in writing. Development met with the developer of Wells Landing and they agreed to this. This is the quickest way for them to move forward with their project. At some point in time the City will come back and ask for the remainder of the abandonment of the alley. Mayor Grant stated that he wanted to make sure the City is not subjecting itself to any kind of lawsuit. Mr. Breese stated that the conditions of approval in the original abandonment indicated that the property owners would need to sign the easement consent and that has not occurred and the City is taking this action over that. Motion Commissioner Katz moved to approve Ordinance No. 21-019 on first reading. Vice Mayor Hay seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. 9. City Manager's Report A. Presentation on the Climate Change Vulnerability Assessment for the City of Boynton Beach, conducted in collaboration with the Coastal Resilience Partnership of Southeast Palm Beach County. Rebeca Harvey, gave a presentation on the Climate Change Vulnerability Assessment for the City. Mayor Grant thanked Ms. Harvey for the presentation. Tom Warnke, 2780 Worcester Road, Lake Worth stated that this assessment is very important and wished Ms. Harvey had more time to go into the details. Mr. Warnke suggested that the City should think about installing a flood gate at the Boynton Inlet to prevent flooding, it would save the City money in the long run. 10. Unfinished Business Monthly update on the Town Square project by JKM Developers. (Tabled from the June 1, 2021 City Commission Meeting.) See attached letter/update dated June 1, 2021. Motion Vice Mayor Hay moved to remove this item from the table. Commissioner Penserga 20 Page 963 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 seconded the motion. The motion passed unanimously. Mayor Grant inquired about the mediation date. City Manager LaVerriere, responded the mediation date is June 23rd Mayor Grant inquired if the Commission talked with the City Attorney regarding their own thoughts. City Manager LaVerriere replied that Vice Mayor Hay still needs to meet with the City Attorney. Commissioner Katz, commented that he does not want to have a conversation about this. He just wanted to point out that in the monthly update, one of the paragraphs states "pending litigation affects any project construction financing." That statement led him to believe that even the south parcel, currently has zero funding. They do not have a financing partner. Over the last couple of months, it has been common knowledge that JKM was attempting a partnership deal with a third party to sell off other parcels under the premise that they still wanted to move forward and complete the other parcel. This makes him believe that even that premise was impossible. Now that the plan to sell off the central and north parcels appears to have fallen apart. The entity working with JKM is no longer involved with JKM. There is no project. JKM has no money, no capability as far as he can see. In this latest update, pinning that lack of financing on pending litigation is a fantasy of excuse. Any financial package from a lender could have provisions that say pending the outcome of these litigation matters. Yes, you will receive financing or no you will not. He cannot walk away from this without pointing out that it is an admission for no financing at this time. That the excuse is being tied up by protecting the City's interest and exercising the City's rights on behalf of the taxpayers that the City is at fault. The second point is to amend the site plan. He said if you cannot do anything you have committed to, he does not want to negotiate with a hostage taker. That land is being held hostage under the premise that it is to be amended and changed. Do the ethical and moral thing. Move forward or admit you cannot do it. But do not come back to the City and ask to renegotiate a failed project while holding the land that was previously possessed by the City hostage so you can develop the next version of this. If there is going to be changes to the central and to the north parcel and JKM is able to proceed with the south parcel, that should be for this Commission to unilaterally decide. He continued that he knows that is not so at this moment. The possession of the land is with JKM and he does not understand how you can bring to the table a broken contract and try to renegotiate it unilaterally. All of this blows his mind. He stated he felt like this has not been highlighted to the public and he did not want to negotiate with a property hostage taker. Mayor Grant stated that he does not believe the City has filed a lawsuit for a breech contract. He appreciates how Commissioner Katz perceives this aspect; however, he perceives it differently. He stated if we can get a better project that we could not have 21 Page 964 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 gotten three years ago, that is something the Commission should look for rather than saying you did not do what you said you were going to do and you failed to notify the City. Does not stop the City from working with the private property owner for a better project. Commissioner Penserga commented that he is glad to know he is not the only one that has their mind blown. He said he has extreme concern and displeasure of everything he has seen. As he goes through the Town Square project, he is unraveling more questions and cannot understand how the City has come to this position. This was a joint public- private partnership. On the public side, the City and the CRA and private developers. The success of Town Square that people are seeing are our municipal buildings: police, fire, water plant and City Hall. How did we come to losing all of this land in the first place? Before us is this proposal from Mr. John Markey. Prior to this, there was another one from Mr. Jack Weir. Why are we talking about moving forward without simply asking what in the world happened to get the City here in the first place? The situation is that developers do not always do as they say. My focus has been where are the protections? How did the City easily give away $2 million in cash and all of this land bought for $10 dollars? The City does not own any of it and that is now being held hostage. The City is now talking about what to do next. He said that he asks his colleagues before we take any step forward, let us have an internal review, an investigation. A reflection as to what exactly happened. One of the key questions is where is the reverter clause? Why is there not one? This was a joint City and CRA project. If the CRA is working with the City, at some point must have said you know these are really good practices to have. We should protect ourselves and the interest of the public taxpayers. He added that he was not going to support any major step forward until the Commission has that conversation first. He said let's learn from our mistakes and find out what happened. He did not want to vote or take a direction that might very well bring us to the same or similar situation whether on this project or some other project. He said he just wants to learn what happened. Mayor Grant replied we would have to speak to our attorney for that question. He asked Commission Penserga if he wanted to have it as a public meeting or speak to him independently. Commissioner Penserga responded that we need to have this as a public conversation, all of us asking these questions. We need to learn from it. That is the intent. Mayor Grant said he did review a lot of the contracts. He asked Commissioner Penserga if he reviewed the resolution because he believes Exhibit D has the repurchase for the City to get back the land. Commissioner Penserga stated for $100 dollars he looked through the contracts and would not be making these comments if he did not do his homework. The contracts were approved in March of 2018. Later that year in December, that was the options agreement which is not the same thing as a reverter. That was terminated in December of 2018. He asked the Commission if they were informed about a reverter clause and if it was a conscious decision not to have one. He asked who made that decision and if the 22 Page 965 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Commission was presented information to justify terminating the options agreement. He added that he has seen the signatures and we cannot buy it back. Let's learn from our m istakes. Mayor Grant inquired if the City Attorney had an answer to the question why was there no revert clause. City Attorney Cherof responded that is a complex question that he is prepared to answer, but did not think this is the right forum to do that. He said he had several conversations regarding this issue. If Commissioner Penserga has questions about them, he would be more than happy to spend more than 15 minutes going through that set of documents with him and the entire transaction. To reach the conclusion there should be different format is a complex issue. Every document this City is bound by came before the City Commission for approval. He explained he was referring to the development agreements and all the component parts of the development agreement. Embedded in those documents was the authority for the Mayor to sign other documents to facilitate the project as it moved forward. He said he was more than happy to talk to the Commission collectively about that. If you want to set a workshop to have that discussion. Plan on spending three hours with me to do that. It is not a simple transaction that can be discussed on the fly at a Commission meeting when it is not on the agenda. Mayor Grant commented he appreciated that answer and that is something we will discuss on future agenda. City Manager LaVerriere stated that she would like to respond to Commissioner Penserga's remarks on this issue. There was no action taken on this project in terms of agreements or modifications to any documents without the Commission being fully aware of it, voting on it and being informed. Just want to make that clear for the public. Nothing happening in the back room. This is an extremely complex transaction with probably over 40 agreements and documents that had to be executed. Whether the Commission recalls or even completely understands that in one second how everything came together, she cannot even say she could verbalize it again because it is so complex. But the City broke it down piece by piece over a year. Multiple attorneys, multiple meetings. We will sit down and go over it and it will take hours; happy to do that. She said she does not think the City made a mistake. Could we look back and do things maybe a little differently here and there? This is a P-3 transaction. It is not a standard let's do an RFP on this, the City is going to make an agreement with you, build that building, have a nice day. This is very different much more complex and more risks. We had those discussions with the Commission about additional risks as well. Staff will spend all the time that is needed with the Commission to go through this, refresh memories and help Commissioner Penserga understand because he was not on the Commission then. Any time you need, we are more than happy to do that. Vice Mayor Hay stated he was not on the dais at that time. He does recall sitting in the audience and he never heard anything about a reverter clause. Going forward, the fact 23 Page 966 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 that this will become before the Commission with other projects, maybe the City Attorney can give us a reader's digest version we can operate on. He said he believes in staff and knows that staff would not intentionally misdirect the Commission. It is up to us as Commissioners to understand this better. It is obvious at this stage that the Commission does not understand enough about how and when to use a reverter clause. If the City Attorney cannot do this in less than four hours, maybe it can be done in two workshops. We need to have a conversation so the Commission as the governing body and the leaders of this City make the right decision so we do not end up here again. It is in order to have that workshop. Mayor Grant stated that he agrees with everybody. We are trying to see what mistakes were made. The main thing we have is we requested a private developer to build a parking garage. If the City ended up funding the parking garage, we would not have to worry about this. 11. New Business A. Commissioner Penserga requested information regarding economic development incentive programs offered by other cities throughout the County. David Scott and John Durgan will present the findings from a survey of regional redevelopment and business incentive programs. (Tabled from the June 1, 2021 City Commission Meeting.) Vice Mayor Hay moved to remove the item from the table. Commissioner Penserga seconded the motion. The motion passed unanimously. John Durgan, Economic Development Manager, gave a presentation on the findings from a survey of regional development and business incentive programs. Mayor Grant thanked Mr. Durgan for the very detailed presentation. He said one of the things he mentioned to Mr. Scott, is that the Commission likes pictures too, do not forget about those. We like those tall buildings. Examples of what other cities are doing. Especially if you are talking about the streetscape. Give us an example of what they did. That speaks thousands of words. He explained that the other thing being part of the economic legislative policy committee, he is trying to find ways the state can help the City with our economic development. The county has their BDB where they receive most of their funding from the state. We do not get any of that trickle down mostly unless there is a big commercial space. He asked how do we get that built? Or ways to do that on a small scale like we have with our build out grants? We are not asking the state for the money first but for reimbursement for the economic development to help grow those businesses. Commissioner Penserga stated that the intention for this item was for the Commission to explore the different possibilities and gauge how much the Commission is willing to support this. The City has great residential communities but lacks in having an industry. The City wants to attract companies that bring high paying jobs. When the Commission 24 Page 967 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 discussed housing, he was concerned about how low the median income was. What are we doing to attract companies? Now, that was an awesome presentation. He said, Mr. Scott, I know you have been working really hard behind the scenes. You mention that expedited development review process, numerous cities have that now. The City needs to gain a competitive edge as the City competes to bring in opportunities. These companies are coming in to Palm Beach County and going to Boca and West Palm. The City is coming from behind, and the median income is very low. We do not have any major industries. The City has Bethesda, Waste Management and the school district. We need more. The City is coming from so far behind that we need to be aggressive to catch up. The City is turning into a giant bedroom community. He wants to bring jobs closer, not just housing. Would the Commission like to proceed? Mayor Grant stated that the issue is the land. The City does not have the land and the City cannot tell property owners what to do. He said he had spoken with delegates from JKM and they are willing to use northern parcel for this. However, the City would have to help incentivize them. He does not know where that goes in your previous comments. He does not know where the CRA is with their land and other properties that have our core business development. He is in favor of doing whatever my role as Mayor or Board Chair of the CRA to help incentivize businesses, more than residential. He feels the City has the residential, the City is missing that commercial aspect. He is in favor of helping any property owner seeking assistance for commercial for the incentivize. In addition, he met with Palm Beach State regarding their apprenticeship program and shared that information with the City and CRA staff so that as part of any incentives that the City is getting a community passage agreement that the City is not only having a career fair that we can have a career education so that before we have the career fair, we can make sure that residents have the requisite training to get those jobs because the last time we had the career for Town Square, the City did not have a good ratio of people hired out of people applying. Commissioner Hay commented that he would like to see the City move forward in accomplishing those goals. In his research and talking with people, they are looking for office space. The City may need to take a closer look at going up. The City just does not have the land. If the City plans to go that route, the City has to explore different methodologies of achieving that. Like going up and that has always been an uphill battle with many people. It is certainly worth talking about. Maybe there are some other ideas out there the City has not explored. Commissioner Romelus stated that she is definitely on board with all this. Honestly, the City has been doing their part and putting out the best possible resources for our small businesses community to continue to thrive here. Anything else we can add to augment that is definitely invited. The City is already on the right path and needs to keep going. B. Discussion regarding intended use for Historic Woman's Club of Boynton Beach. 25 Page 968 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 City Manager LaVerriere commented that she wanted to provide the Commission with an update on the item and have a discussion on the Florida Surfing Museum utilizing space in the Women's Club. She has discussed with the Commission about what we want to see in terms of programming and revenues. Staff met with Mr. Warnke and got a good grasp on what their needs are and what staff has agreed to. Staff needs to start talking to experts in the event planning industry. How does the Women's Club fair and what does the City need to do to enhance the attractiveness? Does the kitchen have the facilities to have a certain event with a certain capacity? Also, how will it affect our programming with sharing the space with a non-profit. Staff is gathering that information now. Staff has had five or six tours and discussions with vendors to give the City details on what the market can stand and the types of events we can do there. The Cultural Center is more of a recreation facility that will have revenue producing events. The City sees the first floor as community programming for recreation and the upstairs can be rented to hold nice events. Historic Women's Club is different, it is on the national register and just an absolutely phenomenal building. The City wants to maximize that. She said she did not want to limit the ideas to just what our staff recommends. Staff is planning on bringing to the Commission on July 20th an overall assessment of what the possibilities are. Mayor Grant inquired about the parking. City Manager LaVerriere responded that the valet is not an issue. Utilizing our parking lot across the street has not been a detriment. Mayor Grant stated that his aspect is that he knows what that building cost. He knows how much money the CRA put into it as well. He feels like there has to be that aspect that if people want to use it for a yoga studio and gatherings like the historical society, the women's club that used to meet there can use it on a reasonable basis. My whole goal regarding the Florida Surfing Museum is that it is attraction and something that can be done quickly. The kitchen needs to be updated, the City has at least a three-year window of upgrades with the CRA's funding that we would hopefully try to offer those three years to five years to the Florida Surfing Museum. Museums are one of those things that during the pandemic brought a lot of people out of their houses in a safe place. He will ask Mr. Warnke how did he fare this past year? Was the Museum closed? Was he able to still operate and function and not go into the red? He feels that the City should move forward with the Florida Surfing Museum. He does believe that they have the letter of intent. Does the City follow the CRA process, that if the City receives a letter of intent the City does not have to do an RFP if it is publicly noticed? Assistant City Attorney Bridgeman replied she does not think it would be the same process. City Manager LaVerriere stated that is one of the things staff is going to look at and bring back to the Commission. Do we want to contract out the operations of facility for people that can market it more directly into the industries we want to attract? We have to have that discussion as a group what are your visions and desires for the building? What is it 26 Page 969 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 going to cost to run it? Number one remark so far is this is the best kept secret in Palm Beach County by several event planners which tells us we need to get the word out better. Commission Katz remarked that he supports what staff is recommending, bring back a broader, professional look at what space could be, because he thinks the City Manager summed it up, whenever we referred to it, it defaults to a wedding or some other common event because we just do not know the scope of what type of events can take place and what that venue can be availed for. He stated he does not support any sort of agreement with anybody that would monopolize the space. He remembers a couple years back, there was a theater group that revealed by use of space means to monopolize it for the year and during the wintertime that is obviously the most populated time down here. The City got turned off from the idea of monopolizing the space for one entity because it would deprive the public a chance to use the space or other interested parties from renting it or utilizing it as the Mayor said, whether it is yoga, the Historic Society or the Women's Club. He is open minded to a professional analysis of what potential of the building is. You mentioned three -or five-year deal, if you could elaborate on what you mean by that. If it means the Surf Museum would be in the building 12 months a year for three to five years, that to him is kind of going in a direction he would not want to go with, it is monopolizing the space. Vice Mayor Hay stated that he is anticipating the City Manager's report, because right now he does not see the value with the water surfing museum there. He does not know how much square footage they would be looking for. That needs to be known. Whether they want to be on the first floor and second floor. He does not want someone monopolizing the building. The City did spend a lot of money revamping the building and modernizing it. Having surfboards all over the place is not a vision that is profitable for the City. When do you plan on bringing back your next report? City Manager LaVerriere responded July 20th. Staff is reaching out to one more person. Mr. Warnke gave staff names of people to speak with, who staff is reaching out to now. Vice Mayor Hay commented that he will reserve his comments for the second meeting in July. He does have some concerns. Mayor Grant stated that the City has another national historic registered building, and The Children's School House Museum. The City let that be monopolized as a museum. He does not believe that the Florida Surfing Museum wanted to monopolize the space. They do want to hold events. To have a daily function for the building is something he feels is very important because the City wants to make sure the building is used, rather than just on the weekends or three days a week if the City is lucky versus trying to get it seven days a week. Vice Mayor Hay stated that the Children Museum is not financially sustaining itself. The City is still having to put money into. At some point we need to take a look and not bog ourselves down with another nonprofit. That is why he wants to wait until the City 27 Page 970 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Manager's report comes back to give him the options. The Children's Museum is not self- sustaining when it comes to financing itself. At what point do we cut it off? At some point we have to say the City cannot go further than this. There has to be another route. There has to another option. Mayor Grant commented that he understands the monetary concern. It is the educational aspect for our youth. It is the business aspect of attracting people to our City who have a surfing background. The story of surfing in Palm Beach County is one to be told. It involves the court and judicial system where they were discriminated against. Since he has visited the Florida Surfing Museum, he has a different opinion, perception. Vice Mayor Hay stated that it is cost benefit analysis is where he is coming from right now. He understands what Mayor Grant is saying and he agrees with him. Mayor Grant remarked that he does not have much time left but he would never say to get rid of that Children's School House Museum. City Manager LaVerriere stated that the Children's School House Museum just received a $100,000 -dollar grant. There was a competition with Spady Cultural Heritage Museum and the City's Children's School House Museum received the grant, that is amazing. Commissioner Katz stated that he supports bringing the surf museum to the City and trying to find space and utilizing it. There is a unique experience that could be offered. It would be an attraction and it could bring people in and foster events that could be unique. He wants to make sure any sort of potential agreement for that space would ensure that it could be utilized completely by other entities whether it was local clubs like the Mayor mentioned or events or conferences, whatever else we find out could go in there. He is not opposed to the surf museum occupying space for a period of time. He would not want them to be in there, or anybody for that matter, and impact the ability for other entities to use it as they saw fit and not have it encumbered by other things that are there for another purpose. Just like the theater group, he would have loved if they stuck around maybe a month here, a month there, certain days here, certain days there. They wanted the entire winter. This is a deal where the surf museum needs the space on a weekly basis all year where that would impede potential rental opportunities or utilization from other groups, there is bound to be a compromise in there. He wants to make sure we do not restrict the space so much it becomes only the surf museum. When the City purchased the building and restored the building, he had the idea of it being an event space. Vice Mayor Hay commented that he agrees with what is being said, yet he still has his doubts. If it is so great, the Florida Surfing Museum, why are they trying to leave where they are? He would think the city would be trying to keep them if they are that great. You do not have to answer that now but include those kinds of things in your report when it is brought back. He would just like to have what is the rational and what is going on here. Mr. Warnke stated that he did a PowerPoint presentation for the Recreation and Parks W. Page 971 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Advisory Board, which cleared up a lot of what the Commission has been asking. The plan that Museum visualizes is to not encumber any special events in the Women's Club building. Our Museum setup can fill the whole upstairs and convertible to be moved out completely to the corner of the room or possibly a small storage room so that room could be an empty canvas for somebody that has a wedding, for instance, that is not compatible with the tropical, Hawaiian feel. On the other hand, the wedding planners that the City Manager's Office may be speaking to could easily say we are going to be able to book more weddings in that building because it is a Hawaiian tropical feel, especially the receptions. The upstairs should be a convertible space and we are prepared to do that. We have display walls on wheels that are museum quality that can be moved easily. Our surfboards are on vertical stands. You pick up the board, the stand goes with it. They are not attached to the walls. Even the storyboard panels we have are on two hooks, easy to move. Our plan from the beginning has been to accommodate all weddings, all other special events and even provide a big number of special events that we produced over the years. We want to work with the City. If we have a small area downstairs for a permanent museum and the upstairs is convertible, we have also got the foyers and stairways with big empty walls. We hope to produce with a cultural council grant storyboard panels about the building, the Women's Club as a club, about the Historical Society and Boynton Beach the gateway to the gulf stream. That is the type of concept that we have. If you look at the PowerPoint that he did, that will be great. He will also have one on July 20th if you would like me to review it and make it more concise. C. Presentation from Public Art Manager, Glenn Weiss, on proposed direction for a new Mural Program. Glenn Weiss, Public Art Manager, gave a presentation on proposed direction for a new Mural Program. Vice Mayor Hay stated that he has seen what murals can do for a city. For a while Gainesville was covered in graffiti. Gainesville placed murals on the walls and buildings and it made such a difference. He is all for this program, it is part of the branding for our City. It will make us unique in a different way. He looks forward to it. He is happy to say that the murals that the City has up have not been vandalized in any way, so there is something to be said there. Thank you. Mayor Grant remarked that he would also be in favor of having a mural ordinance so that the City can continue this. Commissioner Penserga commented that Mr. Weiss did a great job, he covered all the bases and why murals are powerful. Vice mayor Hay, the reason why they are not getting vandalized is because that is the community taking ownership. The beautiful thing about murals it is something a community can be part of. H has great appreciation for the kinetic art program that the City has here. The attractive component is this community participation that drives pride for your community and ownership. The people that you look up to, your heroes are on that mural that is the selling point. People are going to love 29 Page 972 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 where they live even more. Vice Mayor Hay state that the mural that is on the basketball court on MLK Boulevard was done by one of our young youth at the time. He did an outstanding job. Commissioner Katz stated he is not an artist. He does not have particular views about art, although a lot of people do, especially artists. He has developed a philosophy a couple of years ago that public art is not just art in public spaces, it is art for the public. Sometimes he sees public art lose its way where people think public art is so we can turn everyone into an art aficionado and people frown upon the cliche public art. But what you talked about taking pictures in front of public art, having public arts that demands people to come and look at it and interact with it, that to me is of great value. He does not want art in public spaces, he wants art that the public will appreciate and come to the City to take these unique pictures like people have been doing outside of City Hall for the past couple of months. He likes everything Mr. Weiss has presented. He has been an advocate for years of public art that caters to the people in the community. They want to enjoy the art without being told they have to appreciate it. Mr. Weiss stated he definitely understands 100% what Commissioner Katz is saying. Commissioner Penserga clarified that the direction the Commission is giving is for staff to bring forward an ordinance. Mayor Grant replied yes. City Manage LaVerriere inquired what the first step was going to be, work on the ordinance or potential language for the LDR. Mr. Weiss responded that is a complicated a question. City Manager LaVerriere commented she will get with staff and figure out what needs to be done. Mr. Weiss suggested that the LDR language be done the same time as the ordinance 12. Legal A. Proposed Resolution No. R21-062 - Authorize the Mayor to sign an Easement Agreement with Palm Beach County Board of County Commissioners to allow construction access and staging in designated area at Oceanfront Park for Ocean Ridge Shore Protection Projects and the South Lake Worth Inlet Maintenance Dredging Projects. Andy Studt, Palm Beach County Department of Environmental Resources, stated that he manages the county's coastal resources program. He has worked successfully with staff 30 Page 973 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 onshore protection projects and dredging of the Oyer Park boat channel a number of years past. This agreement formalizes access to performance services. Mayor Grant inquired if this will affect sea turtles? Mr. Studt replied in a positive way. That is one of the great benefits for the shore protection to protect us from storms, which we know we are going to get. Not a matter of if but when. This will provide an environmental habitat for sea turtles, nesting shore birds. Provides recreational space for visitors alike and facilitates dredging of the boat channel at Oyer Park for boater access. Vice Mayor Hay moved to approve Resolution No. R21-062. Commissioner Romelus seconded the motion. The motion passed unanimously. B. Proposed Ordinance No. 21-020 - First Reading - Approval of Ordinance creating Monument Policy for the City. Assistant City Attorney Bridgeman read Proposed Ordinance No. 21-020 by title only on First Reading. Mayor Grant inquired how does the combating public disorder bill that was passed on July 1 st affect this Ordinance. He believes there is something that says you cannot take down a monument. Assistant Attorney Bridgeman responded yes, if the City were to decide something is a monument, the new legislation would apply. Mayor Grant inquired does the City have the ability to remove monuments if they so choose? Assistant Attorney Bridgeman replied yes. If the City follows the established process for approving, removing, et cetera. A lot of the genesis of the of the new legislation regarding existing monuments. That is where there would be more bureaucracy, with regard to anything new that comes up, that would be different because the City is putting a monument in place and the City would have the ability to remove the monument. Commissioner Penserga stated that he has many questions about the specifics of this, perhaps he should wait until others have asked their questions. Mayor Grant responded that Commission will let him go first. Commissioner Penserga commented let's begin with line 227. It says here monument proposal has been through community outreach conducted by a group or person suggesting that to the City. It is vague what that process is. Somebody making a proposal 31 Page 974 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 could say, look, here is my survey and we are supposed to go with that. So that is just a little too weak. That needs to be clarified. Further down, section e, line 237, it talks about, well, this proposal, even if we agree to it, may have some backlash from the community. The community says I do not want it here if through the public outreach process the City Manager finds a proposed monument is a source of dissension or discord with the City, the City Manager will seek further direction from the rules committee. He was not sure who the rules committee is that would be arbiter of community dissension. He would like to start with community outreach. That is great, the City should have community outreach. What are the details of that and how will that work? Right now, it is entirely controlled by the person making a proposal. On the flip side we do not want to overwhelm staff with more work but we need community outreach to be reliable. Mayor Grant clarified that Commissioner Penserga wants a clear definition for what community outreach means. Commissioner Penserga replied yes and who should be performing that it is part of my questions. Mayor Grant asked Commissioner Penserga how would you define community outreach. Commissioner Penserga responded that Commission knows what community outreach is. What is the process. Does somebody need to do a survey, have a meeting? What does that mean actually? It is vague. Mayor Grant commented that in order qualify for an election 25 petitions are required. This is where the City has the ability to not just have someone reach out to 25 members of the community but to state publicly, their intention for the monument. Basically, put it on record at Commission Meeting. After 30 days the City tallies all of the information. That way we can verify community outreach that there has been public record of a statement for the monument and that we are privy of how the community feels about the monument and the City can go from there. Commissioner Penserga stated that line 98 says the City shall not place monuments on City property which have the purpose of promoting, favoring or inhibiting any religion. The portion that caught my attention was the second half, or which would appear to a reasonable person. He is not sure what the is a legal definition of reasonable person is. Who defines a reasonable person to make a claim it promotes a religion and therefore it cannot be had. Mayor Grant inquired does that mean the City is not allowed to put up a Christmas tree because it is temporary. Assistant City Attorney Bridgeman replied that there is a distinction between holiday decorations which are temporary and permanent monuments. 32 Page 975 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 City Attorney Cherof stated that the Supreme Court of the United States has determined that the Christmas tree is a secular object and not a religious object. Mayor Grant stated that is good to know. He does agree there is a lot of religious symbolism out there. It is kind of saying no crosses, no stars of David, no religious items as part of the City's monument program, that it is strictly based upon other meanings. Not to say we cannot put a monument to a religious person for the activities and contributions to the community. However, religious symbols are not to be included. Commissioner Penserga inquired what does it mean to be a reasonable person? What is the definition of that? Assistant City Attorney Bridgeman responded that is a legal standard of reasonableness. There is not a list of things we would include in the ordinance, but if someone were to make a claim. Mayor Grant stated say the symbol was a triangle. A reasonable person says, no, there is no religion associated with the triangle. However, a reasonable person would associate the "T" for cross or six -sided star is with a religion. Assistant City Attorney Bridgeman commented using the triangle as an example, if someone were to say, that triangle is promoting religion, to my knowledge there is no religion that is connected to a triangle, so that would be an unreasonable connection of the triangle to a religion. Commissioner Penserga inquired can reasonable person be substituted with common knowledge; would that be the same thing? Assistant City Attorney Bridgeman replied no, it is not the same thing. Mayor Grant commented we are all reasonable people on the dais, right? Assistant City Attorney Bridgeman clarified that the language is saying someone cannot show up and say I think that is religious, you need to take it down. City Manager LaVerriere inquired does the City want to further define language of what that outreach looks like? Do you have to have 50% of the community or surveys? Mayor Grant commented it would be a public notice similar to what the City does for construction, where you have it publicized at a meeting. He thinks it is probably the best way that any sort of project the City does that requires public notice, community outreach would be defined as that. City Manager LaVerriere explained it would include mailing a letter to each home. 33 Page 976 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Mayor Grant added using the current radius that is stated in the City Ordinance. City Attorney Cherof replied that this Ordinance is before the Commission for the first time not having been reviewed as a preliminary discussion stage. Some of the provisions and clauses are provisions that he wrote based upon reviewing several dozen monument ordinances from around the country, including ones that have now resulted in problematic situations. The tearing down of monuments, you can go back and look at what did the ordinance look like that gave rise to that in the first place. His point is, he thought he was trying to make it in the introduction to the ordinance itself was to remind the Commission that societal standards and points of view change over time. But with respect to more specific terms, like community input or something of that nature. He has to look to the Commission to determine what the scope of that review would be like and how that would be conducted. He viewed it as an administrative function. The administration would decide how broad a group of people or organizations would be contacted for their input based on the particular subject matter of the monument at hand. He knows this sounds ridiculous but obviously not all monuments are created equally. You have a small 1 by 2 - foot monument in one place. You could have a 40 -foot monument in another place. He would think community review and outreach would be different in those two circumstances. But he looks to the Commission to help us to figure out what that definition looks like. Vice Mayor Hay stated that he has some questions. On line 53 it says societal appropriateness evolves and changes over time. A monument deemed appropriate when approved may be inappropriate at some time in the future. When the City Commission finds a monument or any part thereof is inappropriate, the monument should be removed or the inappropriate portion thereof modified. Should the City have a time constraint? If we put up a monument and let's say a new Commission or we decide ourselves to take it down the next month, there is no time limit there. Mayor Grant responded that the issue is if it is a City funded thing, it is well within our preview. However, if it is a privately funded monument, then there may be caveats with the funding aspect of it. Vice Mayor Hay stated that we as a city should not be funding putting up a monument unless it is initiated by the City. If another entity is putting this monument up and they come to the City Commission, they ought to have the funding to construct that monument as well as a plan of maintaining the monument and not let that be another burden on the City. The ordinance states a monument administrator. The Commission will have to talk about that. It would be the administrator's job to do the legwork, and then bring it to the City Manager and finally brought to the Commission for ruling on it. He thought that is what that is intended to be? City Attorney Cherof replied that is correct. The administrator would be somebody that works at the administrative level of the City, appointed by the City Manager or hired for that particular purpose when funded by the City Commission. With respect to the 34 Page 977 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 maintenance issue, Vice Mayor, that is addressed in the sections that begin around line 260, that whenever there is the proposal for a monument, there should be a commitment to and the identification of variable funding sources for it. There is some language in there regarding recognizing that monuments have to be maintained over a period of time including line 275 the fact that you may require a maintenance agreement to be entered into so that the City does not have to absorb the cost of it as well. Back to one of your original comments about a monument that goes up tomorrow, how long does it have to stay up there before the Commission can change its mind and take it down. If you have a monument that is dedicated to some historic figure from the City's past and you do a monument to that person. Research reveals next week that person was engaged in any kind of inappropriate conduct or advanced inappropriate ideas by today's standards, you would not want to keep that monument up any longer than it takes the Commission to vote on taking it down. We do not know about everybody's history when we choose to honor them with monuments or statues of that particular nature. That is what that introductory language is intended to reflect upon the issues regarding monuments over the last three or four years around the country, referring to civil war heroes, quote, unquote. Vice Mayor Hay stated that line 18 talks about opposed monument that has been rejected may be resubmitted for a period of three years. Is that the norm around the country? City Attorney Cherof replied he would not say it is the norm. He did find time standards for renewal. Some were longer than that and some were shorter. Line 185, the three years was a number he plugged in for discussion purposes. Vice Mayor Hay inquired should there be anything in in the ordinance about the monument withstanding a hurricane. Commissioner Penserga replied that lines 207 and 208, states monument must be made of durable materials, must withstand the elements, minimum of 50 years. Vice Mayor Hay commented line 58 says that monuments should not displace the intended function. When he looks at the recreation of social parks and we want to put something totally unrelated to the overall intent of the building of that park that is for softball, baseball, volleyball, picnics, those kinds of things. City Attorney Cherof replied that is exactly right. That is what is intended at line 258. Your example is good. Baseball. A park with three or four baseball areas or soccer fields on them to decide to displace one of those fields or part of a field making it unusable with a monument would be inconsistent with the original intent of previous City Commissioners to designate an area park area or to have it dedicated by a developer for that matter. Vice Mayor Hay stated that on line 304 it talks about the property owners adjacent to the location of the proposed memorial plaque has been consulted on the placement of the memorial. Is that within a certain footage from the location in question, like 300 feet? 35 Page 978 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 City Attorney stated that it might be benefited by putting a distance requirement or it could be sight line issue as well. You could have an adjacent property owner in a residential structure, seven, eight stories high that look out over a particular plaque or monument. It could vary from circumstance to circumstance. Vice Mayor Hay you are on the right path there. He thinks the City would benefit from site or distance criteria related to it. We could work on better language there. Commissioner Katz stated that he has a couple of questions and some thoughts. First, because all of this is wildly subjective, there is no correct or incorrect way to proceed. As He thinks the City Attorney pointed out, these ordinances are impossible to craft in a way that they work out perfectly because people will find ways to work with existing language to still put things out there or try to put things out there that may cause controversy or offend this group or that group. He does not want to vote on this tonight because each of us have raised a number of questions, or at least those who have spoken, that he has not thought about or he has his own set of questions. Since there literally could be 100 lines in this that we change individually based on all of our own input and experience, he does not want to feel compelled that this is on the agenda. It is the first reading, we must adopt this. It is supremely subjective no matter what we do there is going to be unintended consequences where people try to put things in places that get rejected. A couple other things that came up. He does agree with Vice Mayor Hay that the idea that people would present monuments to us absent of funding and for the City to consider funding. He just does not want to fund things that people egregiously would not want to pay for. He has concern about the duration of these monuments. He envisioned the monuments being temporary, whether a month, six months or a year. He does not know how comfortable he is with the idea that the City over time will be erecting and accumulating monument after monument. There is no duration or no automatic duration that would require review every year or every six months. If it is approved the monument is up until the board would take it down. Assistant City Attorney Bridgeman asked if the suggestion was possibly a periodic review by staff. Commissioner Katz responded yes, he does not want permanent monuments, he wants this to be an attraction and rotate the monuments and the Commission could under this scenario keep reauthorizing it. He does not like the idea that an applicant is able to erect a monument where they want and now that spot is theirs forever. That might lead to an accumulation how many monuments do we put up. He likes the idea of Public art it specifically defines spaces for specific amounts of time based on the showing length, whatever is determined by the Art Board. It allows for change and allows for the public to weigh and if they do not like the art it is gone in a year because the art display ended its time frame. The other question he had, is there anything in the Ordinance that defines an applicant as a resident of the City? City Attorney Cherof responded that is not in there. 36 Page 979 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Commissioner Katz stated that if you do not live in the City of Boynton beach, you should not be allowed to propose a monument. He does not like the idea that like literally somebody from Texas or New Jersey could come down here for vacation for a month and propose a monument. to the Mayor's point in referencing qualifying for the ballot in reference to what Commissioner Penserga said about what is community outreach or what metrics might define that you have done checked your boxes. He does think there needs to be qualifications for who applies and again whether that is resident and lived in the City for a year. He thinks that juxtaposition begs the question that maybe the criteria for qualifying to run for office is often extremely low in any given City, the 25 signatures, so if we are requiring signatures of residents in the City, he does not know how easily that could be verified if it was registered voters in the City. Then he does not want to discriminate if you are not registered to vote and you are a resident and you do not get to sign off and support this. He definitely does not want to vote on it tonight to initiate the second reading. He is not 100% sold on the concept at all because there is so many variables and so many subjective aspects to it. He pointed out that the entire genesis of this Ordinance was one group came to the Commission and wanted to put up a monument or structure. He does not know if the potential negative consequences of opening up free speech by way of monument across the City in public parks is worth it. In the five years he has been a Commissioner, he has never heard a single resident say we need more monuments. There is a provision that says it should not detract from the nature of the space and should not inhibit the use of the space. So, for instance, we have the dog park in Renaissance Commons area that is dedicated to Officer Crowder. What if somebody wants to put something up there that is critical of law enforcement? He does not know if opening this can of worms is going to produce more benefit or more cost. And that cost is not monetary exactly. You see around the country the division on every topic, everything is political. He worries this opens a can of worms. It requires more thought. It will never be perfect. He does not want to rush into it. Once you do it, you never know what is going to come out of the woodwork. Mayor Grant commented he was born in D.C. there are a lot of monuments there that are on government property. He does agree with Commissioner Katz that he does not think the Commission should vote on this because there is too much of the language we are changing and he does believe the Commission is not going to get the red line copy. He requested a tabling of the Ordinance to the second meeting in July. For the red line copy of all the comments we have made. The Commission did mention the line numbers that should help staff make those changes. Mayor Grant inquired if Commissioner Romelus would like to comment. Commissioner Romelus responded no, she has been listening to everybody's comments. It is clear it is not ready for the Commission to really look at it tonight. Let's hear from the public as well in terms of what they want to see. City Attorney Cherof requested that if the Commissioners have comments or thoughts about the document, to send an email to the Attorney's Office. This is before you for the 37 Page 980 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 first time. It reflects my drafting based upon my research but not your individual and collective point of view. Motion Commissioner Penserga moved to table Ordinance No. 21-020 to the July 20th Commission Meeting. Vice Mayor Hay seconded the motion. The motion passed unanimously. C. Proposed Ordinance No. 21-022 - First Reading - Amend the Land Development Regulations, Chapter 3, Article IV, Zoning, Section 3.D. Table 3-28, Foot note #103 regarding Landscape Debris Stockpiling use, to add a minimum distance separation standard and amend certain existing operational requirements and standards to avoid hazards, nuisances, and other impactson residential land uses. City initiated. Assistant City Attorney Bridgeman read Proposed Ordinance No. 21-022 by title only on First Reading. Mike Rumpf, gave a summary on the amendments to Land Development Regulations, Chapter 3, Article IV, Zoning Section 3.D. Table 3-28. Mayor Grant inquired it the property owner would still have the use. Mr. Rumpf replied yes, these new zoning regulations that are introduced into the code subsequent to a business being approved normally do not apply to that business. All subsequent businesses come into approval. So as long as this use maintains standing, these new regulations do not apply. There is a clause which does give the city the ability to revoke or not allow for renewal of business licenses based upon violation records. It is not as specific as this wording is. That is another reason we are keeping such a log and looking at what additional time it is taking and opportunity cost to be constantly visiting this use because of non -violation even health hazard or fire hazard of it versus what else they can be doing. Might be something that can come into play if the violations continue. Mayor Grant inquired would continual violations be under chronic nuisance abatement ordinance or does it not fall under that? Mr. Rumpf replied the latter, that type of violation would not fall under this ordinance. Commissioner Katz inquired that existing businesses operating in this manner do not have to comply with the new changes. But persistent violations would allow the City to revoke their ability to operate and if we chose to reissue that ability the business is subject to the new rules. Mr. Rumpf responded he believed so. RN Page 981 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Commissioner Katz moved to approve Ordinance No. 21-022. Commissioner Romelus seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. D. Approval of request for a private attorney-client session of the City Commission to discuss pending litigation in the following case: RONALD RYAN, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a local municipality, Defendant — Palm Beach County Circuit Court Case Number: 502016CA007514-XXXX-MB Assistant City Attorney Bridgeman stated that the Florida Statute requires her to request closed sessions with the Commission publicly, which she is doing tonight. There was a Commission consensus to have the attorney client session on July 6t" at 4:30. 13. Future Agenda Items A. Staff to present Resolution adding reversionary language to Planning and Zoning applications. - July 6, 2021 B. Mayor Grant requested information on the water quality of canal systems within the City. Staff isrequesting SFWMD to present this information - July 6, 2021 C. Staff to provide an update on the American Rescue Plan - July 6, 2021 D. Update from staff on Head Start lease options - July 6, 2021 E. State Representative Emily Slosberg to provide an update on the 2021 Florida Legislative Session. - July 20, 2021 F. Approval of Lease Agreements for City Hall Innovation Space and Cafes Operators - July 20,2021 G. Discussion on funding for expanding Wi-Fi to City parks. - Will be presented during BudgetWorkshops Mayor Grant requested the Commission to direct staff to come back to us with other municipalities general obligation and revenue bonds may have issued for parks and recreation and/or parking. Commissioner Katz inquired would this be voter approved? 39 Page 982 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Mayor Grant replied yes. This is informational and he would like to have a discussion on the March 2022 election. He feels that the City does not need to have the same precincts the county supervisor of elections has. If we have three or four per district, he thinks it is more important to have the early voting space to allow for the mail in ballot drop off within the city limits. Commissioner Katz inquired that this would reduce the number of polling places within the City. Mayor Grant responded yes and to have early voting location for the weekend before. Commissioner Katz commented that he does not know if he wants to do that. Mayor Grant inquired do you want to have the 26. Commissioner Katz stated he would not be supportive of a scenario that reduced the polling sites. Mayor Grant clarified that he is not saying the City is reducing the precincts. Certain precincts could be grouped together instead of having 26 precincts and 20 polling locations to have it closer to 12 polling locations where you have three bigger precincts that are in government buildings rather than all the different schools and churches and non-profit organizations. It is more of a City election at City facilities rather than trying to spend all the funding to make sure we have the same the same locations as the County. We receive a lot less ballots. Commissioner Romelus commented she would be cautious as well especially given that 2022 is going to be a major election year as well. She knows that the Commission is talking about the municipal March election. But if the City is minimizing locations and ramping back up for the election later on in the year in August. Going from 12 back to 20. You are going to confuse voters if the precincts are available at this election but not available at that election, it can get confusing. Mayor Grant stated that the City had no problem having the meeting in community room for the July budget hearing. He would like to see the proposal to see how much the City would save to have it at a certain number of locations at City facilities per district versus having it the same as the county. Commissioner Penserga inquired what is the problem. Mayor Grant responded that he would like to have early voting locations so residents have a place to drop off mail in ballots. They would go to West Palm Beach or Delray to drop them off. In order to save those funds, there are precincts that have only 20 to 30 voters are we going to have a polling location up versus trying to group them together. 40 Page 983 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Commissioner Romelus asked the Mayor to clarify if what he was saying is we do early voting and we only use certain locations for a two-week period and on election day, we have all of the regular precincts open. She said she was all for that. If the Mayor was saying on election day the City is changing precincts, that is where she would draw the line. She asked him if that was what he was saying. Mayor Grant replied that is exactly what he was saying. Because of the cost and the actual voter turnout, he would want to have early voting locations, period. That is the one thing he would like to have and the City will have to fund all the additional costs. Commissioner Romelus stated what he was proposing sounds like increasing access rather than decreasing it. If that is the case, she would support it. Commissioner Penserga commented it is too late in the evening. If there is a proposal, let's bring it back and discuss it. Vice Mayor Hay stated that there is nothing wrong with the way it is. It worked before. He made a motion to adjourn. Commissioner Katz seconded the motion. Commissioner Romelus requested to have this discussion added to future agenda. 14. Adjournment There being no further business, the meeting adjourned at 10:24 p.m. 41 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner—Justin Katz Commissioner— Christina Romelus Page 984 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 Commissioner — Ty Penserga 42 Page 985 of 1207 Meeting Minutes City Commission Boynton Beach, FL June 15, 2021 ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzione Deputy City Clerk 43 Page 986 of 1207 7.A. Consent Bids and Purchases Over $100,000 7/6/2021 Requested Action by Commission: Approve the renewals for employee group medical, dental, vision, long term disability, short term disability, and life/accidental death and dismemberment insurance programs and recommended employer subsidies for Fiscal Year 21-22 and authorize City Manager to sign any required documents. Explanation of Request: In 2018 the City issued RFP No. 025-1610-18/IT for "Group Medical, Dental, Vision, Life, Long Term Disability, and Short Term Disability Insurance" and has a remaining renewal option for each of the plans. The City's Benefits Consultant, the Gehring Group, has negotiated final renewal rates, and staff recommends accepting the renewal rates rather than issuing an RFP. (1) Medical Insurance U n ited Healthcare proposed a plan identical to the City's current fully insured High Deductible Health Plan (HDHP) with 3% increase in premiums, which equates to an estimated annualized increase of $222,385. Staff recommends accepting the renewal for medical insurance. The current monthly premiums compared to the newly proposed monthly premiums for this plan are as follows for the time period October 1, 2021 through September 30, 2022: Renewal Current FY 21/22 FY 20/21 Employee 632 $684.34 Employee + Spouse 37 $1,407.63 Employee + Child(ren) 44 $1,273.56 Employee + Family 42 $1,835.87 Total Est. Annualized Cost $7,412,740 Renewal Current FY 21/22 Difference $704.87 $20.53 $1,449.86 $47.84 $1,311.77 $42.23 $1,890.95 $55.08 $7,635,125 $222,385 Premium Reduction: All Dependent Coverage for active employees The City will continue to pay 100% of the premium for employee medical insurance. Staff is recommending to absorb the premium increase for dependent coverage as we did last year. The total premium reduction equates to 12.5% from last year (FY 20-21) and 3% for FY 21/22, which has an estimated annualized cost of $161,460. Premium Adjustment: Family Coverage for active employees Staff is recommending that the City continue to provide a premium adjustment in the amount of $125.00/per covered family/per month to minimize the impact in the increase in their premium over last year. This annualized premium Page 987 of 1207 Current Renewal FY 20/21 FY 21/22 Total Employee 632 $0.00 $0.00 $0.00 Employee + Spouse 37 $90.41 $19.64 $47.84 Employee + Child(ren) 44 $73.65 $12.25 $42.23 Employee + Family 42 $143.94 $23.76 $55.08 Total Premium Reduction Cost $136,752 $24,708 $161,460 Premium Adjustment: Family Coverage for active employees Staff is recommending that the City continue to provide a premium adjustment in the amount of $125.00/per covered family/per month to minimize the impact in the increase in their premium over last year. This annualized premium Page 987 of 1207 auJuZSunein iui raiimy uuveiaye iZ5 eZA1niaLeu Lu ue %01a,vvv iui r r i iuZ5 aniuuin aZSZSunieZ5 au eniPiuyeeZ5 wnii Family coverage.) Premium Subsidy: Child(ren) Coverage for active employees Staff is recommending continuing to provide a $125.00/per month subsidy to active employees who insure a child or children on the City's medical insurance plan for FY21-22. This subsidy would be applied to active employees who are enrolled in Employee & Child(ren) coverage and Family coverage. These annualized premium subsidies for Employee & Child(ren) coverage and Family coverage are estimated to be $150,000 for FY21-22. (This amount assumes 50 employees with Employee + Child(ren) coverage and 50 employees with Family coverage.) Employee Rate Chart Staff recommends continuing to offer all premium reductions and subsidies as this has helped to keep the City competitive with other municipalities that subsidize dependent coverage. Based on accepting the premium reductions, Family premium adjustment, and Child(ren) subsidies, the following chart compares current monthly premiums charged to employees to the newly proposed monthly premiums charged to the employees for this plan for the time period October 1, 2021 through September 30, 2022: With Premium Reductions and Child(ren) Subsidy & Family Adjustment* Current Renewal FY 20/21 FY 21/22 Difference Employee 632 $0.00 $0.00 $ 0.00 Employee + Spouse 37 $632.88 $634.94 $ 2.06 Employee + Child(ren) 44 $390.57 $396.00 $ 5.43 Employee + Family 42 $757.59 $768.38 $10.79 Total Est. Annualized Collection $869,043 $878,265 $9,222 (2) Dental Insurance U n ited Healthcare proposed a plan identical to the City's current dental plan design with a 3% increase in premiums, which equates to an estimated annualized increase of $19,113. Staff recommends accepting the renewal for dental insurance. The newly proposed monthly premiums for this plan are as follows for the Plan Year October 1, 2021 through September 30, 2022: Employee 605 Employee + Family 306 Total Est. Annualized Cost Current Renewal FY 20/21 FY 21/22 Difference $ 36.37 $ 37.46 $1.09 $101.74 $104.79 $3.05 $637,635 $656,748 $19,133 (3) Vision Insurance U n ited Healthcare proposed a plan identical to the City's current vision plan design with a 3% increase in premiums, which equates to an estimated annualized increase of $2,065. Staff recommends accepting the renewal for vision insurance. The newly proposed monthly premiums for this plan are as follows for the Plan Year October 1, 2021 through September 30, 2022: Current Renewal FY 20/21 FY 21/22 Difference Employee 584 $ 4.27 $ 4.40 $0.13 Employee + Family 253 $13.01 $13.39 $0.38 Total Est. Annualized Cost $69,423 $71,487 $2,065 (4) Long Term Disability Insurance Unum proposed a plan identical plan to the City's current long-term disability plan design with no increase (0%) in premiums. Staff recommends accepting the renewal for lonq term disabilitv insurance. The newlv proposed rates for this plan Page 988 of 1207 are as follows for the Plan Year October 1, 2021 through September 30, 2022: (5) Short Term Disability Insurance Unum proposed a plan identical plan to the City's current short-term disability plan design with no increase (0%) in premiums. Staff recommends accepting the renewal for short term disability insurance. The newly proposed rates for this plan are as follows for the Plan Year October 1, 2021 through September 30, 2022: (6) Basic Life and Accidental Death & Dismemberment (AD&D) Insurance Minnesota Life Insurance Company (AKA: Ochs) proposed two renewal options: Option One: Renew identical plan with an 11.6% increase in premiums, which equates to an estimated annualized increase of $3,094. Option Two: Renew plan with a 6.8% increase in premiums, which equates to an estimated annualized increase of $1,806, but requires that Retirees must not have their premiums subsidized by the City. Under this renewal option, the annualized cost per retiree for their life insurance benefit would be $8.64 ($0.72/month). Staff is recommending to accept the Option 2 renewal. If this is approved, staff will notify Retirees through their pension plan of this change becoming effective October 1, 2021. The newly proposed rates for this plan are as follows for the Plan Years covering October 1, 2021 through September 30, 2022: Current Renewal Current FY 20/21 FY 21/22 Difference Basic Life per $1,000 $0.085 $0.080 -$0.005 AD&D per $1,000 $0.020 $0.020 $0.000 Retiree Life per $1,000 $0.085 $0.240 $0.155 How will this affect city programs or services? Fiscal Impact: The fiscal impact Citywide (inclusive of all funds) for FY21-22 is as follows: Coverage Medical Dental Vision Long Term Disability Short Term Disability Life and AD&D (Option 2) TOTAL ESTIMATED ANNUALIZED COST Annualized Cost Current Proposed FY 20/21 FY 21/22 Difference % Change $ 7,412,740 $ 7,635,125 $ 222,385 3% $637,635 $656,748 $ - 3% $ 69,423 $ 71,488 $ 2,065 3% $ 92,475 $ 92,475 $ - 0% $163,970 $163,970 $ - 0% $ 26,687 $ 28,493 $ 1,806 6.8% $ 8,416,595 $ 8,661,964 $ 245,368 NET PREMIUM FISCAL IMPACT: $245,368 estimated annualized increase in premiums across all above - referenced plans for FY21-22. Alternatives: 1. Accept all plans, but select the alternative life and accidental death and dismemberment insurance renewal: Option 1 with an 11.6% premium increase. Page 989 of 1207 2. Reject any plan or all plans, which will result in going out to bid and being re -rated by carrier(s) on rejected medical, dental, vision, long term disability, short term disability, and/or life and accidental death and dismemberment insurance. Additionally, agreements will need to be made with incumbent carrier(s) in order to attempt to extend coverage terms beyond contract expiration date of September 30, 2021. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ddeir>&.:i rn Description Grr..:u..:lp Il irm..:iraince IRIainIF eir>iewaa� l &.:i rni rn ir'y Page 990 of 1207 9 A 100, 0 1�401 a a 0 a a a O O O O O O O O O O a) v v v 0 0 aJ aJ aJ v o0 0 0 0 0 0 0 0 0 00+ v 0 0 0 0 0 Ln Ln Ln v 0 o O o 0 Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln > z o O U o o O + + + + + + + + + + > > > O v� Lri o -a o o Ln 0 0 0 0 0 0 p p a o o ra ra ra U o v> a -A C14CL z CL a a a a z a a a a a a a a a a a a a a a a s O O O O = U U U z z U U U z 3 Q O N O a � O �Lr) Lr) O a � to to to W to to to 'Ta W 'Ta a, L d d d } a O O O CA O O O O O O O L L L O O O U 0 0 a Y 0 L O O O CA O O O O O O O L L L L O O O U 0 0 + 0 0 0 L O O 0 0 0 0 0 Ln O p Ln p o t++ t+ t t t t t t r0 Q1 N L(1• >- } } } } } Q Q Q ��., a a a z - z t/? t/? a a a a s O >- >- Q- Q- CL ate+ a a a z a a a a a a s o o o v O N O U U U 4-r)- N 4-r)- 4 -r)- -r)- ON O N 100, 0 a a a 0 O O O O O O O O O O O a) v v v 0 0 o0 0 v 0 0 0 0 0 Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln > + + + + > > > O Lri o -a Oo ON Ln p p a r r r U o v> a z CL a a a a a a a a a a a s O O O O Q O z U U U z O N O a � to to to W 'Ta a, L d d d } a O O O CA O O O O O O O L L L O O O U 0 0 0 0 0 L O O 0 0 0 0 0+ Lr)O p pLn o t t t L++ + + +++ + + ++ u Q1 N Ln 'TZ O U D ra (0 (0 •- L(1 z O >->- >- } } } } } Q Q Q ��., a a a z a a a a a a s O O O aJ U U U O N O 4-r)- N 4-r)- 4 -r)- -r)- Ln 00 n c) %D t 00 00 01 .--I O Nlf1 fn o O M N O n t M 00 fn t0 N M ri ri ri t0 N qx)- qx)- qx)- V). V). 'N' 00 n N O Q) Ln� 0 Ln r -i 00 N N n lf1 M rl Ln O 4A. 4A. M l0 I, 00 M �.D Ln 00 N n N 00 N 00 z z ID c -I c -I c -I t0 qx)- qx)- qx)-V)' M a N D M 3 _ a � v � CL E �, = Q- Ql C 4J w > +-+ In to i O l0 .X c •L U N ::� > V1 >� N >� V1 �..i d L vQj M aJ �> U C bA > O rQ O O V1 w _ L E _ v O Qi CA n N O U v_ O t L O `^ Q L r0crz A V Qj to 0 +� _ +� ++ v o °J v v v v c m m Y l0 l0 L O n— v U v C v O � T v v v v O C l0 L L O>- a) >. c v vii o f v I= �" r0 Lo m a N m O 0 0 0 0 Q w 11 v m e rQ 3 rQ O v O v L> �a O Q E Q L •v v v r0 O ++ ++ C= z a vI LL O in LL U z a N H a Q� 2 O Lu 0 d H H H w w w w 0 100, 100, 100, 100, 100, 100, 100, 0 0 0 v v v v 0 0 o0 0 v 0 0 0 0 0 Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln > + + + + > > > O y, Lri O -a 0 0 Ln p a m m m U -A C14 o v> a z CL a a a a a a a a a a a s O O O O z U U U z U v a OOOOOOOOOO L L L OOO O OOO"00 OOOOO) O O+ O Q Lr o L + + + + + + N Ln -0 U D rrrLOII M M M •- L(1 z O >- >- Q Q Q ate+ a a a z a a a a a a s O O O aJ U U U O Ln O qj)- N N qj)- qj)- Ln 00 n c) %D t 00 00 01 .--I O Nlf1 fn o O M N O n t M 00 fn t0 N M ri ri ri t0 N qx)- qx)- qx)- V). V). 'N' 00 n N O Q) Ln� 0 Ln r -i 00 N N n lf1 M rl Ln O 4A. 4A. M l0 I, 00 M �.D Ln 00 N n N 00 N 00 z z ID c -I c -I c -I t0 qx)- qx)- qx)-V)' M a N D M 3 _ a � v � CL E �, = Q- Ql C 4J w > +-+ In to i O l0 .X c •L U N ::� > V1 >� N >� V1 �..i d L vQj M aJ �> U C bA > O rQ O O V1 w _ L E _ v O Qi CA n N O U v_ O t L O `^ Q L r0crz A V Qj to 0 +� _ +� ++ v o °J v v v v c m m Y l0 l0 L O n— v U v C v O � T v v v v O C l0 L L O>- a) >. c v vii o f v I= �" r0 Lo m a N m O 0 0 0 0 Q w 11 v m e rQ 3 rQ O v O v L> �a O Q E Q L •v v v r0 O ++ ++ C= z a vI LL O in LL U z a N H a Q� 2 O Lu 0 d H H H w w w w i O� +, N t M N mm r -I m LLI 4J p O 4-1 3 o aj . m ; 0 + v O 4- (L)� 0 o w i 3 4. z O N N i/? Ln -(n } O rn O r- O LnIl i.. O cn o O U ar- t O Q1 ^ coM lC i O 4.O z it Ln N i/} Ln n i/} N 4J 00 0 O O rn O O lD i O 3 4. O N 0 0 0 z O N � i.. O O Ln `� ° Ln ar- U z N N \ \ i m m r -I i/)- M ,M M M Z Z Q L W O 4.O z if % Ln N Ln n N 4J O O r -I O O O l O O lD O Ln lD O O lD M U � QJ J N ca m a E OU m — (6 Q E E x v ° O i 0 H �. U 41 D 4J hA in > L.L > Ln ; > > f° 4J + G7 m O 4. 4J > LJ a N f6 m O 06 U N u V ° O 4.1 L 0 O O r — G7 i G7 N v QJ a mH v v Z O 4.1 0 N LU QJ E L a tw � +' G% O 3 G++1 fC oC v Q E w > LL Q E w _5 i a T O O 2 E G7 s O O Q H N O e rl- O N_ O N O O N 0) H 0 N i cxQ O a 3 O H 4. OO W c 0 # > o LLI m k § ° f u o k § # 0 Co = 7 0 c 41 � 2 ° O > ' & � f \ 3 i 3 i 3 i _ m _ \ 2 { \ _ \ & � ) / / / 0 a _ i J / \ i \ w \ cq w \ 3 \ a / � \ M R j ± 2 k a � f \ 3 i 3 i 3 i m _ \ 2 { \ _ & _ � \ / / / o ) a $ J ] ( \ \ � § 0 \ % « « \ .Ln 0 ) ) ) / § � > > \ i A g 3 $ $ CL uj ±_ { ( \ (rq 2 / \ k f 3 3 3 \Ln m a i i i 2 \ _ / $ rq\\ § _ E \ \ . E 0 > { f u. / } ( M f E � » Lu ° - - ° k } } ) \ § ) ) - - ) § E E \ - \ R )/ L ) \ f / j \ \ 3 / / \ 7 1 2 6 / 1 2 a T-4 1-0 -0, .1 '.0, m r) O 0 Lr! k.D qj)- z un V) rq ro c ro Ln Ln 10-01 0 0 O qj)- T-4 0 0 O D 0 >- r) Lr � qj)- z V) V) ro cu -0 2 Mu1m 0) tn ro 0 qj)- Lr) N .0 Ln 0) z z qj)- ro 41 Ln ro CL 4� Ln ro(3) ro 4� Ln X cu — 4� ro cu LLJ 0 0 D 0 ro .0 ro 41 Ln ro 4� Ln ro(3) ro 4� Ln cu — 4� ro cu 4� ro ro no c ro uo c . 0 0 0 cu cu cu >- cu -0 0 cu E -a 0 E L E E Lu E E +1 QL LU roE cu cu cu x ui C7- cu cu E cu Ecu cu E c cu 0 0 N W ro E L CL E a) m ro U- U-0 cu a) CD 41 E w rH O :t Q 0 cu CL a) U Q0 E0 m +1 >. CL m CG a) > rq > M +ro E -4S x cu :3 ro cu E w -�e CU CU cu E R ro L.LIj > ro L- M U a) M CU M Q, - to cu to +1 0 —5 CO 3: ED 2 0 a'-- ?: > _ O Z; m W N 3 C N _ r-1 4J i OC � m & O _ v 0 _ m Vf _ m COO W 4 H i O V u) W N W L Y O a1 O o O lD N N L in � to ro r) + DO +, co o un r -I t/? N v O N mrH d N O t/? O m rj lD tLJ? d w o rn m tC 0 o o p N W N cn N fo c O N Y c m o d O Y Ln cu 41 \ fV �j � M \ \ cu roocu r -I O lD M w Z Z 0 00 EL 00 X W O lD N a1 a1 O 0- E v v E U - cu cuu 0 y L1J m a y fp ° c d £' E i i +; v v v v a� a) o D +_ o- m G1 O � O i 41 d i G1 H a) m +1 c 2 ro O �, a H fp m `� c �_ /:3 (� i M O i i y E ro ro 4+ t6 {, � C 0 U w r)� Q Vf oo\° r_ O W W lI N 0 t N fUC � r -I G7 U i m i w r_i m T O 0 M W �~ ` aF J C _u 1 j N G1 U 00 W C N 3 u I d' T M O O O O � O O O O O O O v1 O in lD in m ti .� x N All M T t } O O O O 00 O Q O O O O O O O O Ln O nj N lD Ln m N ,� (x k is O O O O V m O O O O_ O O O O O 0 O O lD in vi m O - in ,cn x E N 7 X l0 rl O H E 7 rl c l0 O t�0 c m m O LD a a O O M 00 O O ON O O N O Ln ^ W O N w [n Il M N N 00 N O 00 e 00 p o x vi v O 00 LN E 7 rl c l0 O t c (0 (014 d o O D lD u c u c O O M D7 O O in ON O O in m O O in uj ^ 00 M O N [n 00 U N 4A N 00 N M O M ,4 e l0 r4 0 x vi v O 00 LN rl0 N O 0 0 0 7 rl c l0 O bOA c O O O d OR O D D v c v c O O \ i fl_ LnO 00 O O r1l O O LnO 00 O O Ln ^ N ~ [n N N 0000 Z Z x vi v OR O 00 LN rl0 N O 0 0 0 c l0 vi v U v v 0 � N v O U v o w O c Q U O C 0 E - v t ° m W D_ ?O O i U c o o O a a° c v ° Q0 �n T v x w 3 v) w O O r E V bA v v v v O \ £ £ v > > > O +0+ m v 3 3 E N U U U v Y a v � O > 3 c ¢ ¢ ¢ m - t E v a w v > a, a£i E c v v v aj v D — v w C c E E E v c v `n E > as J w a a 01 U LL' J a •� J LL LL v LL d' U N v O O W m 01 01 O Lbw N N m V Lf1 lD v v v v U) v v m v m y v U v 0A .O o O N U U v O O _ L.7 U _ U _ U Il _ U U U 1L ¢ ¢ U Cr ¢ ¢ K y� W y� W SA e rl0 N O 0 0 0 City of Boynton Beach Supplemental Life Insurance Renewal Evaluation Effective: October 1, 2021 Current H RING GROUP* EMPLOYEE BENEFITS I RISK MANAGEMENT Option #1 Page 997 of 1207 Core Benefit In Increments of $10,000 In Increments of $10,000 All Eligible Employees Not to Exceed $500,000 Not to Exceed $500,000 In increments of $5,000 to $250,000 Max In increments of $5,000 to $250,000 Max All Eligible Spouses Not to Exceed 100% of employee amount Not to Exceed 100% of employee amount All Eligible Child(ren) $2,000 / $5,000 / $10,000/ $15,000 $2,000 / $5,000 / $10,000/ $15,000 Features Guarantee Issue - Employee $250,000 $250,000 Guarantee Issue - Spouse $50,000 $50,000 Conversion Included Included Premium Waiver Included Included Rate Guarantee Period Expires 9/30/2021 36 Months Rates per $1,000 AD&D $0.020 $0.020 Child(ren) $0.130 $0.130 Under Age 20 $0.050 $0.050 Age 20-24 $0.050 $0.050 Age 25-29 $0.060 $0.060 Age 30 - 34 $0.080 $0.080 Age 35 - 39 $0.090 $0.090 Age 40 - 44 $0.120 $0.120 Age 45 - 49 $0.210 $0.210 Age 50 - 54 $0.370 $0.370 Age 55 - 59 $0.610 $0.610 Age 60 - 64 $0.750 $0.750 Age 65 - 69 $1.310 $1.310 Age 70 - 74 $2.060 $2.060 Age 75 and above $2.380 $2.380 Age 80-84 Rate Increase Above Age 75 Rate Increase Above Age 75 Age 85 and Above Rate Increase Above Age 75 Rate Increase Above Age 75 Spouse Option 1 (per month) Age Banded per Above Age Banded per Above Spouse Option 2 (per month) Age Banded per Above Age Banded per Above Page 997 of 1207 I IM 10 r, Ln Ln N 00 O rl 00 r` O1 O0 0 aM-I o O m W N o ^^ 00 � e O n o M n e O 1N0 � Ol ci O Ln M \ n i..� \ rl Oen r4, q w \ ci O ^ O M \ N N 10 10 O O O O^ � M 00 N rfj M Ln rfj i rn ^ N m O O N M Orq p O Ch 10 iR p ci een i1} c -I c -I c -I N "I -1 10 iR in N iR -L } -U } iR iR i/} iR -L } a-4 i/} iR tn iR iR iR M 00 C, 0 Ln �Mo Lr � NM\ -1 O"'01O � �Oo\ N 010\ � 10p 1Ci r` r` Ol iR M iR O Ol O, Ch en M M Oa -IM V�}V�}�a-IM O O NM�"� O N O O 10 O `� en it } V-} V-} - a -I i/} i/} T yR iR -L } -L } iR a..� -L } i/} a-4 ul VT i/} iR iR tn iR rn Q0 rl O Ln Ln M lfl Ln 00 n 14 r` ^ M ^ c -I N L!1 L!1 00 O n M Ln O N O 10 r` M Ln QQ n? �QQ r4 . vQQ o 001D QQ aQQ � m<< p Ln w O rl rn 1p `� ^ \\ rrl \\ ` 1 O \\ 'r \\ N �yj \\ N N \ Q0 N 00 NZZ M Oi MZZ -1 NZZ O O NZZ O mZZ O 10 ZZ -i �Z i/} ci ci ci i/} -L } 10 -L } iR -L } -L } iR -L } iR i/} a-4 a -I -L } in i/? i/? i Ln cu 3 C c 1/11 yMh a t cu 00 rl m +s-. r` M S Ln O O O 'O +++ cD O oo Ln Ln 0 Q Q m O m o o� M 0 0 E O E O Lu 0 � Q 3 7 7 = VO} 10 rn rn M r, Ln 10 Z Z i l0 NZZ Z -UI i� N Z Z Q -UI -UI Z Z ? O Z Z Vil ? O Z Z E O Z w O O O � i/} i/} i/} 00 'O i/} N Mvil i/} -L}cu W Q Q Q incu Vf cu++ O y C C C Q cu W W W \ i u s 00 N m rn L!1 O1 N r, r, Ol L!1 L!1 N 00n O N M N = 0 Ln m n rn QQ M M LAQQ N N 000000 O w<< ZT vQQ mQQ c Ln �Q � N 00 M\\ l0 l0 n \\ \\ -1 O \\ rn \\ r4 M \\ 01 N \ 00 r` O NZZ M M MZZ NZZ O O NZZ O NZZ O tOZZ �= ri MZ ' it i0 - 1p �' �' n i/} i/} i/} i/} iN/i � i�/i � i-4 a � iR 0 0 't 0 Ln U E o o u� o H U LL N r, � N Ln l0 � M m w + + + M M � � 00 00 Ln r, .ti to r i .ti W W 10 1.0 M Ln N W <0 N <0 D7 W W W D1 cy N � G C i O O OD l+ n O O O 3 cu++ -0 ai -.0 7 C V�1 V�1 N N N N O O N N ? N N cu N N cu N N N O N T W N T CU N T N tii \ m m -m CU m CU r+ £ O1 i O1 i O1 i 116 \ aJ O1 y O1 y 01 y f0 O1 y U i 0 a O -_ E E " £ u u E E u °C °1 to E u u s O E u u m O E u u N E u u Ln N N U ii �� LL X00 LL �0� �0� !_^ in 300 iLn n -0 CU CU `u-' N x + + + E ....\ E '-'- E .. — CO ai E � D E E 'a' c E � I1 i 01 41 + i 01 41 + i 01 CU > i 01 CU E a1 i 01 N a1 i 01CU 01 G i 01 ar V`" v v v vo_ m ami ami o_ m ami amia '�a .tea ar .tea k T o o_ u O O O O i i 116 O O i i C O O 116 CU i i CU m C Q K 116 i i H 116 i i~ or 116 01 i p O_ 116 i i Q Q Q Q Q Q .� Q Q C O1 Y Y C C Y C O Y r- C s O. Y r s G E E E E c- o v E E c- o E E c- , w O o �- , 76 76 3 O o �- o s o �- o f ro r - o G LL LL LL LL Q in � 0 LL LL Q to j LL LL Q in \ J F F Q in \ J F Q in \ V1 F Q i/} \ w K Q i/} O 10 a-4 O1 O n�� O O O 01 O N C O O 0-4 O cc O O O O O E O N lD O 00 LA 00 N iR iR iR N O O iA iA N O O +' O O in in C iR iR O iR O iR 3 O CL iR N to n i i i O n+ v Ln u u cu N \ . y +cu 11111aM O + + +S-+ c0 cu +S-+ c0 cu +S-+ c0 cu OC .E O u O O u w 0O '6 '6 '6 c > c CO CO W E E E C.0 C.0 C.0 cucu Q Q Qm Tr W W w O 00 N rn `� n o O M M n o O 0 O1 M O� o N 0 0 o O NN0) 00 O o O o adJ+ O c -i N O �0� O Ln O 00 1Ci M n nNC O Q0 ppm O 00 n n u O O in to 06 O OOp V} V} 0 O OOp V} V} 0if� O 00 V} V} 0 10 � rl N M -U} if� N Vf M i/} i/? N in N O V? i/} 0 0 0 i/} i/} i/} 00 iR M 00 C, 0 Ln �Mo Lr � NM\ -1 O"'01O � �Oo\ N 010\ � 10p 1Ci r` r` Ol iR M iR O Ol O, Ch en M M Oa -IM V�}V�}�a-IM O O NM�"� O N O O 10 O `� en it } V-} V-} - a -I i/} i/} T yR iR -L } -L } iR a..� -L } i/} a-4 ul VT i/} iR iR tn iR rn Q0 rl O Ln Ln M lfl Ln 00 n 14 r` ^ M ^ c -I N L!1 L!1 00 O n M Ln O N O 10 r` M Ln QQ n? �QQ r4 . vQQ o 001D QQ aQQ � m<< p Ln w O rl rn 1p `� ^ \\ rrl \\ ` 1 O \\ 'r \\ N �yj \\ N N \ Q0 N 00 NZZ M Oi MZZ -1 NZZ O O NZZ O mZZ O 10 ZZ -i �Z i/} ci ci ci i/} -L } 10 -L } iR -L } -L } iR -L } iR i/} a-4 a -I -L } in i/? i/? i Ln cu 3 C c 1/11 yMh a t cu 00 rl m +s-. r` M S Ln O O O 'O +++ cD O oo Ln Ln 0 Q Q m O m o o� M 0 0 E O E O Lu 0 � Q 3 7 7 = VO} 10 rn rn M r, Ln 10 Z Z i l0 NZZ Z -UI i� N Z Z Q -UI -UI Z Z ? O Z Z Vil ? O Z Z E O Z w O O O � i/} i/} i/} 00 'O i/} N Mvil i/} -L}cu W Q Q Q incu Vf cu++ O y C C C Q cu W W W \ i u s 00 N m rn L!1 O1 N r, r, Ol L!1 L!1 N 00n O N M N = 0 Ln m n rn QQ M M LAQQ N N 000000 O w<< ZT vQQ mQQ c Ln �Q � N 00 M\\ l0 l0 n \\ \\ -1 O \\ rn \\ r4 M \\ 01 N \ 00 r` O NZZ M M MZZ NZZ O O NZZ O NZZ O tOZZ �= ri MZ ' it i0 - 1p �' �' n i/} i/} i/} i/} iN/i � i�/i � i-4 a � iR 0 0 't 0 Ln U E o o u� o H U LL N r, � N Ln l0 � M m w + + + M M � � 00 00 Ln r, .ti to r i .ti W W 10 1.0 M Ln N W <0 N <0 D7 W W W D1 cy N � G C i O O OD l+ n O O O 3 cu++ -0 ai -.0 7 C V�1 V�1 N N N N O O N N ? N N cu N N cu N N N O N T W N T CU N T N tii \ m m -m CU m CU r+ £ O1 i O1 i O1 i 116 \ aJ O1 y O1 y 01 y f0 O1 y U i 0 a O -_ E E " £ u u E E u °C °1 to E u u s O E u u m O E u u N E u u Ln N N U ii �� LL X00 LL �0� �0� !_^ in 300 iLn n -0 CU CU `u-' N x + + + E ....\ E '-'- E .. — CO ai E � D E E 'a' c E � I1 i 01 41 + i 01 41 + i 01 CU > i 01 CU E a1 i 01 N a1 i 01CU 01 G i 01 ar V`" v v v vo_ m ami ami o_ m ami amia '�a .tea ar .tea k T o o_ u O O O O i i 116 O O i i C O O 116 CU i i CU m C Q K 116 i i H 116 i i~ or 116 01 i p O_ 116 i i Q Q Q Q Q Q .� Q Q C O1 Y Y C C Y C O Y r- C s O. Y r s G E E E E c- o v E E c- o E E c- , w O o �- , 76 76 3 O o �- o s o �- o f ro r - o G LL LL LL LL Q in � 0 LL LL Q to j LL LL Q in \ J F F Q in \ J F Q in \ V1 F Q i/} \ w K Q i/} I IM l0 I, Ln NLA 00 O Ln 0^0 ^ Ol 00 0 Q0 � aM-I o O Ol 00 Ln o O O Ol l0 o O N o M N e O l0 Ol ci O Ln en N\ M �l0\ O �O\ \ Ol Ln O D M DD M N 0 ^ O Ol `r rl O 0 ci N 00 00 M N p N M p N V! 0 �O N t`fj M 0 LA M V) c -I N N t`fj 00 00 a -I kp O p O l0 yn, c -I c -I c -I N V} i/} l0 V! V} V! V} V} V} V! V} V} V! V} a-1 ul V! V? V? V?tnV} V} V} M rl C3) 00 p M M O Ln Ln 00 Ol 0 M o lfl lfl a -I a -I o 00 Ol o O O Ln M o O N o `� N o O l0 l0 I� Ol O Ln OIC a -IMC O1 00 000010 M �0� N �0p N 1010 O Ol O c -I N Ch m M M o-, M V), V), � a -I �yj O O N N -4 O ON1 p O 10 -illV! p ci -4-4 aM-I V} V} V} a-1 V} V} � V} V} V} V! i? V} V! V} a -I V} V} V} M 10 Il 0 LA Ln N0 Ln O Ln M r, rn Ln 0Ln0n 14 r, �? �QQ N 4 aQQ o �QQ aQQ �QQ Np O 1w0Q O Il M a -I\\ lfl ^ \\ M \\ ci O \\ 'r \\ N �yj \\ N N \ Q0 N 00 NZZ M Oi MZZ -1 NZZ O O NZZ O mZZ O w ci -4Z V} ci ci ci V} V} 10 V}V! V} V}V! V} V! V} a-1 a -I V} V} if} V} V} V} V} >. i 3 C a Ln cu tM/frna t cu 00 n m +S_. I� M S Ln O O O 'O +++ co O oo Ln Ln 0 Q Q m O m o o� M 0 0 £ O £ O Lu 0 � £ y N 0 I� \\ 0J Ln O \\ 0J 0 I, Ln < < u 00 0 \\ 3 0 0 \\ 3 0 0 \\ "" 0\ 7 7 = VO}kc 10 M rn c3) Ln 10ZZ i X10 NZZ Z VO}V�}NZZ D i6 VO} ZZVil ? O ZZ? O ZZ £ O Z w O O O � V? V? V? 00 'O V? N 'O Vt V? V? 3 V? of ++ O. w 0 cu W w w > > > \ i u s 00 N m rn Ln Ol N n n Ol 00 Ln Ln N O Ln M ON Z O Ln m rn QQ M M LAQQ N N 000000 O w<< ZT vQQ mQQ c Ln 11OoQ � N 00 M\\ lfl lfl ^ \\ \\ ci O \\ �r, \\ N �yj \\ 01 N \ Q0^ 00 O IT M M MZZ ��TrZZ O O NZZ O ChZZ O 10ZZ �= ri �Z V? V? V?V? V? M V! V? V? V! V? V! V? a-1 , V! i%} to to Q E O l0 a-1 O1 1t O �� cc O 0) H U LL w + ++ O NC O a-1 0-4 O 0-4 O O O O £ 0 0 N lDCUV} O 00 LA 00 V} V}V! CU O O V} V} 0J O O +' O O V} V} O V} V} O V} O V} O O CL V} N t0 P n'+ a Ln i u i u i u G C 0 N O l+ v1 cu++ O 00 O O 3 -0 ai -.0 3 N N cu y 3 + 1NM O + + E c0 cu c0 cu cu ? m N -Ui \ m m _m c0 cu OC .O cu O 3 u w 0OC '6 '6 u +�+ X '6 £ r..\ t i 41 > � x v v-- a) w w wo ^ W C COCC CCOC � w CU U i i CU i i cu O O O O C0 O_ O_ O_ O_ cu Q Q Q W W W O00 r4 rn . a-I0o G E E E E r— a 01 E E a— a E E— o ;� O O— o O O— o s O— o f tB — o C WWW WQV}� WW<tn WWQV}�J FFQV}\J -QVI, Ln FQV}\W KQV}� O M Ngo m O N O Ol Ngo L O Tr�o O e O o +�' 00 . N Ln 0 Ln 0 rl n N O Ln 0 000 iR iR O 000 iR iR O 00 O iR iR VO4 l0 qT W N M 0 V? V? N V} M VOL V? N in N 0 -U VO4 0 {p V} V} V} to V! V} M rl C3) 00 p M M O Ln Ln 00 Ol 0 M o lfl lfl a -I a -I o 00 Ol o O O Ln M o O N o `� N o O l0 l0 I� Ol O Ln OIC a -IMC O1 00 000010 M �0� N �0p N 1010 O Ol O c -I N Ch m M M o-, M V), V), � a -I �yj O O N N -4 O ON1 p O 10 -illV! p ci -4-4 aM-I V} V} V} a-1 V} V} � V} V} V} V! i? V} V! V} a -I V} V} V} M 10 Il 0 LA Ln N0 Ln O Ln M r, rn Ln 0Ln0n 14 r, �? �QQ N 4 aQQ o �QQ aQQ �QQ Np O 1w0Q O Il M a -I\\ lfl ^ \\ M \\ ci O \\ 'r \\ N �yj \\ N N \ Q0 N 00 NZZ M Oi MZZ -1 NZZ O O NZZ O mZZ O w ci -4Z V} ci ci ci V} V} 10 V}V! V} V}V! V} V! V} a-1 a -I V} V} if} V} V} V} V} >. i 3 C a Ln cu tM/frna t cu 00 n m +S_. I� M S Ln O O O 'O +++ co O oo Ln Ln 0 Q Q m O m o o� M 0 0 £ O £ O Lu 0 � £ y N 0 I� \\ 0J Ln O \\ 0J 0 I, Ln < < u 00 0 \\ 3 0 0 \\ 3 0 0 \\ "" 0\ 7 7 = VO}kc 10 M rn c3) Ln 10ZZ i X10 NZZ Z VO}V�}NZZ D i6 VO} ZZVil ? O ZZ? O ZZ £ O Z w O O O � V? V? V? 00 'O V? N 'O Vt V? V? 3 V? of ++ O. w 0 cu W w w > > > \ i u s 00 N m rn Ln Ol N n n Ol 00 Ln Ln N O Ln M ON Z O Ln m rn QQ M M LAQQ N N 000000 O w<< ZT vQQ mQQ c Ln 11OoQ � N 00 M\\ lfl lfl ^ \\ \\ ci O \\ �r, \\ N �yj \\ 01 N \ Q0^ 00 O IT M M MZZ ��TrZZ O O NZZ O ChZZ O 10ZZ �= ri �Z V? V? V?V? V? M V! V? V? V! V? V! V? a-1 , V! i%} to to Q E O O 't O O o O U H U LL w + ++ N n� N M M � � Ln lfl 00 � M m 00 Ln 1, cy to rj .ti W W 10 lfl M Ln N W <0 N <0 D1 W W W D1 cy N � G C i O l+ v1 cu++ O 00 O O 3 -0 ai -.0 3 N N N N O O N N N N N N cu N N m N O C V�1 V�1 W N CU N cu ? m N -Ui \ m m _m r+ £ i 0 Q N T —_ O1 i -_ £ u T —_ O1 i £ u T CU CU —_ O1 i f0 \ aJ O1 y O1 y 01 y m O1 y £ u i £ u u m u £ u m U Ln N m N O u N U ii �� u LL �00 u n3 u 0£ u 0£ u o u LL �0� �0� !_^ tip X00 tLn ip -per .N CU CU CO u +�+ X t t t £ r..\ i 41 £ r..\ t i 41 E ....- aJ £ E r...... _ £ r.. c £ .... t i CU i cu i i i � x v v-- a) w w wo ^ a) ai vo ^ a) > a) £ a) a) N " a) a) a) G 01 a vo ^ Q Y Ya ^ i .tea .tea a w CU U i i CU i i m C Q K f0 y i H C0 y i~ or f0 01 i 0 O_ f0 i i !C i i O O O O C0 O_ O_ O_ O_ O O C O_ O_ .� O O Q Q C O1 Y Y r C s C Y C O Y r C O. N C E G E E E E r— a 01 E E a— a E E— o ;� O O— o O O— o s O— o f tB — o C WWW WQV}� WW<tn WWQV}�J FFQV}\J -QVI, Ln FQV}\W KQV}� o00 a -IM c Lfh1 l0 N N 00 V* V} 00 00 p a -I M M a -I V* V} Ln N 00 Ch w 00 n � N N N � V} Ln Ch Ln z z 00 V} 00 a -I to en Z Z a -I V► N N Ol N Z Z n V} 0J N cucu cu £uu 3 CU CUcu � Q N d vii'^ m 1C f0 01 i 3 u U c � c C Q V} 0 itit it H H H 7.B. Requested Action by Commission: Propose Resolution No. R21-073 - Approve amendment to agreement with CareATC, Inc. to administer employee health centers through its shared -site network at a per employee per month base rate of $72.50 and authorize the City Manager to execute all related documents. Explanation of Request: The original agreement for services was awarded from RFP No. 037-1610-16/J MA and was executed on February 15, 2017 for a forty-two (42) month period with the option for two (2) subsequent one-year renewal periods. As an enhancement to services and accessibility, CareATC is proposing that the City offer its health center (clinic) services through CareATC's shared -site network in Southeast Florida rather than at its existing location inside of the Utilities Water Plant building on Woolbright Road. Care ATC will independently lease/own and operate its facilities in the shared -site network, and covered employees and dependents will be able to receive services at any of the Southeast Florida locations. CareATC will operate two facilities in Boynton Beach, one within the City limits and one out west in Unincorporated Palm Beach County. How will this affect city programs or services? Staff believes that converting to this shared -site network will provide additional benefits for our clinic services. 1. Improved Facilities: CareATC's facilities are built with evidence -based clinical design principles to provide optimal patient experiences, and they are the nation's first provider of on-site health centers to be awarded the Evidence -Based Design Certification. The City had incorporated the clinic into its Utilities Water Treatment Plant. Although this location initially served us well to be able to begin offering clinic services to our employees, we have experienced some unavoidable challenges with clinic operations being interrupted when there are instances of strong odors emanating from the water plant and other non -routine maintenance/repairs required at the facility. 2. Increased Confidentiality and Professionalism: The shared -site locations are professional medical facilities with appropriate space and soundproofing to provide a professional and confidential patient experience. The current set up does not have sufficient space to adequately support the staff and medical equipment that is necessary to provide certain services to our employees. Additionally, having the clinic located in a building that is separate from a City -owned facility will give employees more reassurance that their medical care is confidential and not in any way "directed" or "controlled" by the City. 3. Improved Access to Services: Employees will now be able to use ony CareATC clinic, which will increase options for access for employees who live outside of the City limits and for their dependents who live or work outside of the City limits. In addition to the number of locations employees can access, CareATC will also be able to offer more specialized services in some of their locations. For example, rather than needing to refer employees out to a separate medical practice for physical therapy, these services can be referred to another CareATC location that has these services onsite. One of the Boynton Beach locations is proposed to house a specialized service. Fiscal Impact: The expenses associated with the clinic are budgeted in the Self -I nsurance line item: 522- 1710-519-31-21 and base expenses are anticipated to be $675,000 (assuming 775 covered employees). Page 1000 of 1207 Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IRESOkAtioin D AddeindUlirn D AddeindUlirn D Attachirneint Description IRESOkAtioin appiro�Aing Airneindirneint tc..) Agireeirylent Wth CaireATC Airneindirneint tc..) Agireeirneint Exhibit "A" ... Flirice Flirqposal� CaireATC Presentation Page 1001 of 1207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE AMENDMENT TO AGREEMENT WITH CAREATC, INC. TO ADMINISTER EMPLOYEE HEALTH CENTERS THROUGH ITS SHARED -SITE NETWORK AT A PER EMPLOYEE PER MONTH BASE RATE OF $72.50 AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the original Agreement for Services was awarded from RFP No. 037- 1610-16/JMA and was executed on February 15, 2017 for a forty-two (42) month period with the option for two (2) subsequent one-year renewal periods; and WHEREAS, as an enhancement to services and accessibility, CareATC is proposing that the City offer its health center (clinic) services through CareATC's shared -site network in Southeast Florida rather than at its existing location inside of the Utilities Water Plant building on Woolbright Road; and WHEREAS, converting to this shared -site network will provide additional benefits for our clinic services by improved facilities, increased confidentiality and professionalism, and improved access to services; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve the Amendment to Agreement with CareATC, Inc. to administer employee health centers through its shared -site network at a per employee per month base rate of $72.50 and authorize the City Manager to execute all related documents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as S:ACA\RESO\Agreements\Ainendinent to Agreement with CareATC - Reso.docx -1- Page 1002 of 1207 29 being true and correct and are hereby made a specific part of this Resolution upon adoption. 30 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 31 approves the Amendment to Agreement with CareATC, Inc. to administer employee health 32 centers through its shared -site network at a per employee per month base rate of $72.50 and 33 authorize the City Manager to execute all related documents. A copy of the Amendment is 34 attached hereto as Exhibit "A". 35 Section 3. That this Resolution shall become effective immediately. 36 PASSED AND ADOPTED this 6th day of July, 2021. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga S:ACA\RESO\Agreements\Ainendinent to Agreement with CareATC - Reso.docx -2- VOTE YES NO Page 1003 of 1207 AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PROFESSIONAL HEALTH ADMINISTRATOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and CareATC, Inc. of Tulsa, OK , hereinafter referred to as "Professional Health Administrator', in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Professional is retained by the City to administer employee shared -site health centers for the City to provide employees and local retirees access to the highest levels of primary, urgent, prescription, and occupational health care. 3. PAYMENT. The Professional shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Professional shall be made promptly on all invoices submitted to the City properly and in accordance with "PRICE PROPOSAL" (Exhibit "A" - Attached). 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the 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 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 STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS Page 11004 of 1207 RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CRYSTAL GIBSON, CITY CLERK) 100 E OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 20. SCRUTINIZED COMPANIES 287.135 AND 215.473. Contractor certifies that Contractor is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Page 18005 of 1207 DATED this day of 120. CITY OF BOYNTON BEACH City Manager Attest/Authenticated: City Clerk Approved as to Form: Office of the City Attorney CareATC, INC. Name Title (Corporate Seal) Attest/Authenticated: Secretary Page '006 of 1207 PROPOSALFOR SHARED,=Sl ............ rE HEA11H CE141"""""'rERS GREG BELL.,0MY CHIEF EXECUTIVE OFFICER GREGBELLOMY(zD[AREAT[.[OM 56I7D24B9 Page 1007 of 1207 �� .�� CareATC is a national integrated health solutions company that enables employers to reduce healthcare costs byimproving the health Qftheir workforce. Since 2DDD'C@neATC'scomprehensive healthcare solution has driven engagement, improved health outcomes, lowered healthcare costs, and provided a transparent vision of the total cost of care. Ca[eATCis proposing that the City of Boynton Beach convert its dedicated on-site health center to the CareA'TCshared,-site net, ork in Southeast We would build out two new shared -site health centers in Boynton Beach that would be available not only to Boynton Beach employees but also to all C@neATC clients in Southeast Florida, which would include NexlEr@ Energy' Palm Beach County SChQQ| District, Miami -Dade County SChQQ| District, and potentially others. In addition to these two health centers, Boynton Beach beneficiaries will have access to the additional shared -site health centers that will be developed with the partners referenced above. The goal iSlQexpand access through @ combination Qf additional shared -site locations and the addition of Virtual Primary Care services. � Health Center Hours: These shared -site health centers will be open 5days a week, 8amto5pmEST. � Musculoskeletal Services: Employees will beproactively identified byCareATCphysician ortherapist through anMSK screening and standardized triage process virtually orin-clinic and categorized aaLow, Medium, orHigh-Risk for MSK spend and/or disability and triaged aaindicated. See page 3 for more details. � Patier-d-Advocacy Services (viKtuall):The patient advocate iS adedimated Licensed Clinical Social Worker who helps patients navigate the healthcare system. They will work intandem with the client toidentify key vendors, resources, etc. toensure members are maximizing current utilization within the company benefit offerings and community resources. See pages 3Q4for more details. � Occu�ll)aliioindUHedUl]l�i Services: Our occupational health specialists will work with you to bring cost savings through providing on-aite.work-related healthcare services and promoting employee safety. See page 6for more details. � Vii, h,,4U l,"r�nNmrL,1� Care',',VVe are proposing this addition at no additional cost toexpand access for members who donot have easy access ortocover times during which the health center ia not available. Virtual Primary Care during business hours would be through aCareATC provider that is affiliated with the Boynton Beach health centers. See page 5for more details. � After -i 1 OU FS 7e|ehea|th Serv|ces:/Available through CareATC at no additional cost. This service integrates with the CareATC EMR. See page 5for more details. Proprietarg and Confidential - CitU of BoUnton Beach Proposal for Shared Site Health Centers Page 1008 of 1207 � �� N�� N� � �� =�� .�� Employees will be proactively identified by CareATC physician or therapist through an MSK screening and standardized triage process virtually or in -clinic and categorized as Low, Medium, or High -Risk for MSK spend and/or disability and triaged as indicated. Employees will be managed by primary care at regular return visits as part of the care continuum an?] management per MSK episode of care and will not be asked to submit copays for such follow up visi for increased compliance, access, and reduction of overall MSK spend. i Clinical outcomes will be regularly monitored and reported related to number of visits, cost avoidance of specialty care, ED visits, radiology referrals, and opioid use. MSK Services are supported by the following capabilities: � Monthly MSK in+sen/icea: - Town Halls - Provider Education - 5minute work injury prevention exercises � Virtual Therapy Services: 60% of therapy services may be delivered remotely Expands geographic reach Increases access totherapist and care coordination - Allows for greater visibility for home program compliance and tracking - Home and worksite ergonomic evaluations � In -clinic therapy services are reserved for those patients ethighest risk ofspend ordisability, acute irjury, or post-operative mare requiring: - manual therapy modalities to expedite healing a greater touchpoint in care � All MSK services improve engagement and allow for efficient and cost-effective staffing. Coaching participants are identified by CareATC's PHA risk stratification, provider encounter assessment resulting in a referral, and claims data analysis. Risks include: Diabetes, Cardiovascular Disease, Obesity, and Length of enrollment is dependent upon progress and goals. Typically, participant begin in the Active Phase, with visits every 2-3 weeks. Once participants begin meeting their goals and build confidence (after —3-4 months), they move to the Maintenance Phase with visits every 2-3 months for about 6-9 months. Once they have shown a reduction in risk and are on a regimented nutrition program on their own, they graduate out of the S�� Prophetarg and Confidential ^ ObJ o|BognLon Beach Proposal [orShaned-SiLe Health Centers 3 The health coach is responsible for managing chronic conditions in collaboration with primary care services to facilitate improved health outcomes. CareATC's health coaches are managed by our CareATC Manager of Health Education, who conducts chart reviews on a regular basis and reviews education curriculum. Nutrition education curriculum consists of handouts, webinars, cooking demos, recipes, monthly general group education, or longer term targeted group education programs (i.e. Diabetes Management, Healthy Weight Program, etc.). Another facet critical to engagement and population health outcomes and success is patient advocacy. The patient advocate is a dedicated Licensed Clinical Social Worker who helps patients navigate the challenging healthcare system. This person will work in tandem with the client to identify key vendors, resources, etc. to ensure members are maximizing current utilization within the company benefit offerings and community resources. Patient advocates are the most visible members Qfthe C|iniC@| team, answering client questions, making a complex system more understandable, and providing a dedicated partner for the patient's healthcare Role and responsibilities Qfthe patient advocate: � Engagement � Patient Outreach � Benefit @ Resource Navigation � Community Resources � Behavioral @ Mental Health Support Patient advocates collaborate with physicians to systemically identify high-risk patients in need, serve as their patients' advocate and care navigator, proactively connect patients to high-quality and cost-effective resources, and bridge communication gaps between resources. Prophetarg and Confidential ^ ObJ o|BognLon Beach Proposal [orShaned-SiLe Health Centers 4 Page 1010Of1207 U/,`',"',dL C,1/ „R';,; 0' II ONS CareATC offers primary care services via virtual visits during normal business hours to supplement health center access. This solution is included in our pricing at no additional cost. Wait time for our virtual care solution is less than 30 minutes, unlike competitors, whose patients are waiting more than 4 hours. If they are unable to get an appointment during their preferred time at a physical health center, patients can make appointments with a Boynton Beach -affiliated CareATC physician via phone or video. During the visit, all information is captured in our EMIR so the follow-up is consistent with no gaps in care. Care beyond acute needs can be offered, including a full range of primary care - chronic condition management, patient education, health prevention, disease prevention, etc. Virtual Primary Care visits will include referral services and medications through @home dispensing programs or ePrescribe. Business -hours access to Boynton Beach CareATC providers Easy-to-use video platform Conveniently located within tl CareATC mobile app and patient portal Medical record & patient port, integration Easy setup and on -boarding CareATC also offers primary care and acute care services v to provide care needed after-hours s with the CareATC EMR. Proprietary and Confidential - City of Baynton Beach Proposal for Shared Site Health Centers Page 1011 of 1 r U r r i ..... ii .. . . . . J, 1— 1,21,% . ....IONALHEAL IIH CareATC offers occupational health management solutions for employers of any size. With CareATC Occupational Health services, employers and employees benefit from reduced lost workdays, increased productivity, and cost savings without compromising on quality care. Clinicians trained in occupational medicine diagnose and treat work-related injuries. With compliant with the Department of Transportation (DOT). L1=9 - r Mg. R Our occupational health specialists will work in partnership with you to bring significant cost -savings through providing onsite, work-related healthcare services, promoting employee safety and objectively managing employees' return -to -work. Key service areas include (additional costs may apply depending scope of services selected): Health, Safety, and Well -Being (HSW) programs We're not just about addressing work-related accidents - we're here to help prevent them. Our team considers your unique industry and can proactively trains employees how to be safe at work. CareATC's customized approach makes it easy to keep your employees safe and healthy on the job. Occupational Medical Services Confidently operate knowing that you have qualified clinicians to perform DOT physicals, drug screens, and other routine medical surveillance examinations. CareATC performs necessary medical surveillance testing and exams for employees, including new hire/pre-placement exams. Workers" Compensation Injury Triage Services CareATC will perform initial assessment of employee injuries and provide any first-aid care needed. Our providers will have a consultative discussion with the employee about the nature/cause of the injury/illness. Information specific to when, where and causation of injury will be captured and documented. Based on the patient assessment, the patient will be triaged for appropriate medical care. Proprietary and Confidential - City of Baynton Beach Proposal for Shared Site Health Centers 6 Page 1012 of 1207 PROPO�� N�NK�� SED �� xm�mm�� The total PEPK4rate provided above iainclusive ofstaffing. � The cost of labs, any dispensed medications, and drug screenings are variables that will be passed through toBoynton Beach etcost without mark-up. � Virtual Care services (Virtual Primary Care during normal business hours and Telehealth services for after hours) would beetnoadditional charge. � Current engagement rate is 31 % of total eligible members. The targeted engagement rate would be 5O%+through increased access and expanded services. � At 50% engagement and the proposed pricing, that would represent a 25% reduction in cost per engaged member for healthcare services. Higher utilization would be even more beneficial. Occupational Health costs reductions would beadditive. � A cost increase may be addressed annually based on the Consumer Price Index for medical care. � CareATCvviU add new shared -site health center locations in Southeast Florida with no minimum commitment from Boynton Beach. Prophetarg and Confidential ^ ObJ o|BognLon Beach Proposal [orShaned-SiLe Health Centers 7 Page 1013Of1207 111111 111111 IIIIII CAREA C HEAL H CEN ED DESIGN Our Facilities team follows evidence -based clinical design principles to provide optimal patient experience, which is tied to an improvement in their perception of care and higher clinical outcomes. We know from evidence -based design research that color, light, access to nature, and control over one's environment improves clinical outcomes and promotes a sense of wellbeing. CareATC is the nation's first provider of on-site health centers to be awarded the Evidence -Based Design Certification. CareATC will follow your direction regarding facility construction and buildout. If buildout of any type is needed, our Facilities team is experienced and capable of managing the health center building from design to ongoing maintenance. This includes location identification, space and CAD drawings based on evidence -based clinical design practices, and buildout management. This team maintains the health center and performs any necessary repairs. Below are examples of how we consider evidence -based clinical design in the different facets of our health center planning and design. Supply storage is decentralized so that staff can be more efficient and spend more time with patient and reduce stress Corner sinks are positioned in the line -of - sight and are spot 11it to send a subliminal message to wash hands. Ueill, Lobby is particularly designed to create a warm, inviting atmosphere that encourages less stress M All exam rooms are setup as -ame-handed' rooms to reduce errors & stress. Providers' offices and staffs' workstations are located to provide privacy and reduce distractions Exam room walls are built to the deck to help manage sound and provide privacy for patients Carpet !is !installed throughout all non - plumbed areas to help reduce fatigue for staff. Proprietary and Confidential - City of Baynton Beach Proposal for Shared Site Health Centers 8 Page 1014 of 1207 We have also provided photos below of some of the spaces within our health centers. Each health center is customized to the specific needs of the client, with some basic design and branding remaining consistent across our health centers nationwide. Waiting Rooms & Reception Desks Page 1015 of 1207 Prophetarg and Confidential ^ ObJ o|BognLon Beach Proposal [orShaned-SiLe Health Centers lO Page 1016Of1207 Exam & Procedure Rooms Proprietary and Confidential - City of Boynton Beach Proposal for Shared Site Health Centers 11 Page 1017 of 1207 Other Spaces Prophetarg and Confidential ^ ObJ o|BognLon Beach Proposal [orShaned-SiLe Health Centers 12 Page 1018Of1207 co co U) E 4-4 4-4 N) (� > o U) 0, 2 a) C) 0 (1)---0 E 014— a) 0 a) ((ID) 0 0 a) 0 a) N. > (a) U) a) E > E N) r- E Ll 0 :0 4-4 N) n u) a) 4-4 < -0 0 0 0 0 4-4 ry (C) 0 U) 0 E U) E N) r- + x 4-4 75 a) a) C;) C'� >1 (1) Ir— C) —0 L (D 0 :0 11 N. n u) L+- 0 0 0 ry (C) 0 U) c) CC) U) 0 E x 0 a) C;) (1) Ir— C) —0 0 a) 11 < IN ro 00 0) ............. 14— C") 0L cu cla) , a) C) cli T al IN U) D U) _0 a) M 0 0 C: (Z W 00 al C'.) IIJ > IN 00 0) 0L cla) , a) C) cli T U) 0 0 cli C) 4— co LO Is m 0 n. 4- U) 0 73 4 CL 73 IT uiE 'D Cr` C) 0 CCD 0 CID 0 0 0 0 (D 0 LD C) 0 0 0 0 0 C) 0'0 C-) C) CD (a C�, Cq, C\l CD 00 CC) -t Ilp Ilp Ilp Ilp Ilp ol ol ol ol ol �h- ct m "lict C%4 E m 0 ILIJ Zj 0 4.0 to 0 C.) m u u B C.) C.) m cn 0) C) C: cn uJ ul > 0 (D (D (D > -c '- m Elm -I- cn -C ................ MEM 0 G) ME= CD Ef CD r CDE S, 0 -C -C M cnC. 4- :D CD 0 U) U) 0 E CD) C U) U) CD (1) 0 -0 L- -0 (.) :3 �-T0 c 0 m 0 0 (.) U) 0 0 0 (D U) ( -C -�a L (D 0 D ( 10 . CD) t� > (D CO CD c r- 0 0 0 (D 0 (D b (D > T E > u) :D cn 0 Ell ME 91 I M Illnnnnnilll 11w M I It m I I E >, A" :5, C: CZ = D o T E ry"l E 0 E (D LIJ 0) 0) 0 j z", L En 0 = 0 g c. cu (D ........ .. I . 0 0 0 .� CO -t5 , L m (D c5ol, FLi Ta > "17 2 co > 0E - 0 0 'o 0 0) 0) 0) tco z C- L) tcl E CIE L) CZ 0 0 W 0 0) 0) 0 C- 0) C.: a.. 2 0) 0 in 0) 0 C.: C-) E -0 C.- M E o 5 E 0 0 CD > 0 0) 0 L) (D (D --o (D U) — C u (D >1 U) r L- M (D M U) JT CITY U) OD 0> x E ui n ri (D c E T3 (n mch — 0 OD CD > — c CD (DCOy Cl. E T 2., m C) 0 OD 0) U) T3 = 0) () 1.111 C 7 2? 0 CD U) ca 0 "0 n -T 0 u m (D c u > 0 E OD u (D C" E CO, E -o r- - E I 0 -d5 E 0 O)o twr 0 0 m 0) , M U) U) r E 05 U) c -6 0 (D (t) 0 U) 5 n P 0 M U ommmww 'a E — D M t":� 0 0 EL) u CfY CJ cl. E ILD E Imp ILL), 0 (D M (D (D co (D (D 0) E cr) cr) 0 m 0 (D 0 q to (D 0 E (D o 2 0 E L) � E 0 E Car)) a) 'D u 0 0 (D (5 S > 0 jj 0 0 M (D va (D 0 (D r -1 JJ C) C) C) U) IRM A m 0 z O N a) Co V, a) 0 m co 0) > -0 c: a) a) o > F lu a) a) a) VV, , cx Lu UJ Ll (o 0 E 0a) 0) L -0 -0 E E ui a) 0 m CL -- U) -0 () 0) 0) a) 0) c6 a) 0) CD co 0) 0) V-), a) c: a) to cli V) C CN T— C <( lu m lu y'R C7 (n lu V, 4Y C7J 5 (n %-. C7 0 E ILL O 0) C7 C. c. 0 CL ::5. a E 0 E E 3� o m 3, CIO 0 0 �t a) 0 V F I C7 ILS U0 C7 4- 0 1 L1 C7 a) 0 C7 -r o C7 0 (D E . a") 2 a—) a..) y'3 a) �> 00 a) 0 a) C7E :::3, cCb CCia) 0 0 0 CZ (n C7 (D 4- :t -.t 0 (D �n C7 r- 4- CZ CCi (DNIm (n Z uJ I'll (D 0 0 CF3E CZ ct (D (D 0 00 CD0(D ................ c7 E "--5 (D 0 (D , (D C7 (D to (n (D � ll E (D 0 �rz CL E CZ DO 0 0 ■ 0 ct, Z L9 m _0 a) E wJ m 0 U) U'll, C: C: Co 00 4� C: m�� cvi CN (1) }' U ,oo >$ 0 C: 0 c 0 C) OWN L— m 42 _0 C: .............. 1: = >I 0 c EZ, 12 IN, 2�1 mCf) (D a CL 0 >I c u. 0 (D0 a) 0 0 '27 CL -0 n 0 "o -0 m c�b 0 _0 o x (D C) -0 0 0 4-j m (1) (6 m (D CD 0) -0 c (1) M. 3E "IE CO -0 C) E M � 3: =(-) Om cl� p� ou 0,:1 CD r"f co _0 a) E wJ m 0 U) a) m C: C: Q 00 4� C: m�� cvi CN (1) }' U ,oo >$ 0 C: 0 c 0 C) OWN L— m mUv _0 C: .............. 1: = >I 0 c m 'E (D a) CL mCf) (D CL 0 >I c u. 0 (D0 a) 0 0 '27 CL -0 n 0 -C a) 4-j-4.- M -0 m 0 _0 o x (D C) -0 0 0 4-j m (1) (6 m (D CD 0) -0 c (1) M. 3E 0 �`- CO -0 C) E M � 3: =(-) Om r. U) CL E m cn ............ 70 m 0 ry 4- 0 0 LL assn_ matau�¢v 6b6 '�15 any -3 U1bL6'>OOSb ur 04 I FM I M IN I C44 CV) CZ cn U) CZ (D = 4" - CZ c. (0 (D CD Q ffi CN IN I i O U) 0 c� >, � 0 a� O V U 0 0 E 0 00 O C: O ENC00 O U NNO 60- cn CN L �— cn > o cn _0 cn Li O cn N 60- N O O Gi V wN O o co - OM U Q c > 4- N L- (6 --, V 0 � 70 0 m 4O U 0 0O U) 0 _ N C 0 i bg U) cnm n �, 0 M p 0 i ._ o 0 O > W cn N 0 0 0 0 0 O N(n N O m 0 CO cn 0• 0 is m N N :E in OT-cn cn L v J o cn c Q c 0 O U cn 4- N c 0 Co_r V0 cn U a-• Q cn O .:= CD j -cn cn O :�-� N C O O O O O o U m 70 0 N o O C:c6 m N 0) >, 70 N ai5 U.50 - 4- 0 O� >, 0 N U N U to N (6 --, Om Q W T E X 0 0 m Q m J 7.C. Requested Action by Commission: Proposed Resolution No. R21-074 - Approve and Authorize the City Manager to sign the lease -purchase agreement with PNC Equipment Finance, LLC. for Ninety (90) 2021 RXV Elite Golf Cars from EZGO, Division of Textron, Inc for the previously approved total expenditure in the amount of $409,906.80. Explanation of Request: On May 4, 2021, the City Commission approved the purchase of Ninety (90) 2021 RXV Elite Golf Cars from EZGO, Division of Textron, Inc., who offered a 60 -month Net Municipal Lease/Purchase with a $1.00 per car buyout at the end of the term. The Lease/Purchase has a municipal interest rate of 2.99% through PNC Equipment Finance, LLC. As such, the City's agreement will be with PNC Equipment Finance and the agreement is now before the Commission for approval. Lease Term: 11/15/2021 - 11/15/2026 60 monthly payments of $7,125.30 and a $90.00 buyout payment ($1.00 per cart) at the end of the lease. How will this affect city programs or services? Replacing the golf cart inventory will provide new golf carts for patrons to use, enhancing the overall image of the Golf Course and improving the pace of play, along with reducing maintenance time and costs that the Golf Course has experienced. Fiscal Impact: Budgeted This expense is budgeted under line item 411-2910-572-44-30 Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 1032 of 1207 Attachments: Type D IRESdUltion D Agireeirneint D Otheir D Otheir D Otheir Description IRESdUltion appiroAing the I ease PLAirchase Agireeirneint with IC INC foir (3)df Cairts, I ease Agireeirneint IF::birirn f3 38C::) State IRideir 4 % % ./2021 Agenda I teirn Page 1033 of 1207 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 THE LEASE -PURCHASE AGREEMENT WITH PNC EQUIPMENT 6 FINANCE, LLC., FOR NINETY (90) 2021 RXV ELITE GOLF CARS 7 FROM EZGO, DIVISION OF TEXTRON, INC., FOR THE 8 PREVIOUSLY APPROVED TOTAL EXPENDITURE IN THE 9 AMOUNT OF $409,906.80; AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, on May 4, 2021, the City Commission approved the purchase of Ninety 13 (90) 2021 RXV Elite Golf Cars from EZGO, Division of Textron, Inc., who offered a 60 -month 14 Net Municipal Lease/Purchase with a $1.00 per car buyout at the end of the term; and 15 WHEREAS, the City's agreement will be with PNC Equipment Finance for a municipal 16 interest rate of 2.99% through PNC Equipment Finance, LLC; and 17 WHEREAS, replacing the golf cart inventory will provide new golf carts for patrons to 18 use, enhancing the overall image of the Golf Course and improving the pace of play, along with 19 reducing maintenance time and costs that the Golf Course has experienced; and 20 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 21 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve 22 and authorize the City Manager to sign the lease -purchase agreement with PNC Equipment 23 Finance, LLC. for Ninety (90) 2021 RXV Elite Golf Cars from EZGO, Division of Textron, 24 Inc for the previously approved total expenditure in the amount of $409,906.80. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption. 29 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby S:ACA\RESO\Agreements\Lease Purchase Agreement with PNC for Golf Carts - Reso.docx -1- Page 1034 of 1207 30 approves and authorizes the City Manager to sign the lease -purchase agreement with PNC 31 Equipment Finance, LLC. for Ninety (90) 2021 RXV Elite Golf Cars from EZGO, Division of 32 Textron, Inc for the previously approved total expenditure in the amount of $409,906.80. A 33 copy of the Lease -Purchase Agreement is attached hereto as Exhibit "A". 34 Section 3. That this Resolution shall become effective immediately. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 PASSED AND ADOPTED this 6th day of July, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE S:ACA\RESO\Agreements\Lease Purchase Agreement with PNC for Golf Carts - Reso.docx -2- YES NO Page 1035 of 1207 May 14, 2021 City of Boynton Beach Course Name: Links at Boynton Beach 8020 Jog Road Boynton Beach, FL 33425 RE: Lease Number 98981027-2 To Whom It May Concern: Thank you for choosing PNC Equipment Finance, LLC as your financing source. Enclosed you will find the following documentation: • Lease Agreement: Please sign, print name, title and date. • Schedule A (if applicable): Please initial at the bottom of the page. • Certificate of Acceptance: Please date, sign and insert title. • Schedule of Payments: Please sign, print name, title and date in the lower left hand corner of the page. • Resolution and Certificate of Incumbency: Please have all authorized signers (including the individual who signed the documents) sign in the middle section along with the Corporate Secretary or Assistant Secretary, who should complete the bottom section of the document. This person must complete the top and bottom sections of the document. If you have a corporate resolution available, please include that in the return of your documents. If this document does not apply to your business structure, please send a copy of your Operating Agreement, Partnership Agreement or Incorporating documents. • Insurance: Please note the page detailing instructions regarding the certificate of insurance required under the terms of the lease. Simply forward a copy of the signed page to your insurance carrier, so that they may issue the appropriate certificate on a timely basis. • Customer Information Form: Please complete and return. • Notification of Tax Treatment: Please complete and return. • 8038G Form: Please complete and return. We appreciate this opportunity to serve you and look forward to working with you in the future. Should you have any questions before sending the documents, please feel free to contact me at gw1xtn=ci@1cascry coni. Sincerely, Gillian Wixted Sales Specialist P'tg15 SWecof �2 07 o1 Muni Short Form Lease Pkg $1 Out (Taxable $500k Under) Page 1037 of 1207 V20210505 Lease -Purchase Agreement Dated as of May 14, 2021 Lease Number: 98981027-2 Lessor: PNC Equipment Finance, LLC 655 Business Center Drive Horsham, Pennsylvania 19044 Lessee: LESSEE FULL LEGAL NAME FEDERAL TAX ID City of Boynton Beach 801262154 8020 Jog Road Boynton Beach, FL 33472 Equipment Description: Quantity Description Serial No. 90 (90) 2021 E -Z -GO RXV Elite Lease Term is for 60 months, with Rent payments due in 60 Monthly plus applicable tax; each in the amounts set forth in the attached Schedule of Payments. Lessee shall pay Rent payments exclusively from legally available funds in U.S. currency to Lessor in the amounts and on the dates set forth herein, without notice or demand. TERMS AND CONDITIONS 1. LEASE. Subject to the terms of this Lease, Lessee agrees to lease from Lessor the equipment (the "Equipment") described above when Lessor accepts this Lease. Lessee agrees to be bound by all the terms of this Lease. 2. DELIVERY AND ACCEPTANCE OF EQUIPMENT. Acceptance of the Equipment occurs upon delivery. When Lessee receives the Equipment, Lessee agrees to inspect it and to verify by telephone or in writing such information as Lessor may require. Delivery and installation costs are Lessee's responsibility. If Lessee signed a purchase contract for the Equipment, by signing this Lease Lessee assigns its rights, but none of its obligations under the purchase contract, to Lessor. 3. RENT. Lessee agrees to pay Lessor Rent (plus applicable taxes) in the amount and frequency stated above. If Lessee's Rent payments are due in Advance, Lessee's first Rent payment is due on the date Lessee accepts the Equipment under the Lease. Lessor will advise Lessee as to (a) the due date of each Rent payment, and (b) the address to which Lessee must send payments. Rent is due whether or not Lessee receives an invoice from Lessor. Lessee will pay Lessor any required advance rent when Lessee signs this Lease. Lessee authorizes Lessor to change the Rent by not more than 15% due to changes in the Equipment configuration, which may occur prior to Lessor's acceptance of this Lease. Restrictive endorsements on checks Lessee sends to Lessor will not reduce Lessee's obligations to Lessor. NON -APPROPRIATION OF FUNDS. Lessee intends to remit all Rent and other payments to Lessor for the full Lease Term if funds are legally available. In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the Equipment subject to this Lease and operating funds are not otherwise available to Lessee to pay the Rent and other payments due and to become due under this Lease, and there is no other legal procedure or available funds by or with which payment can be made to Lessor, and the non - appropriation did not result from an act or omission by Lessee, Lessee shall have the right to return the Equipment as provided herein and terminate this Lease on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee, except as the portion of Rent for which funds shall have been appropriated and budgeted. At least 30 days prior to the end of Lessee's fiscal year, Lessee's chief executive officer (or legal counsel) shall certify in writing that (a) funds have not been appropriated for the upcoming fiscal period, (b) such non -appropriation did not result from any act or failure to act by Lessee, and (c) Lessee has exhausted all funds legally available for the payment of Rent. 4. UNCONDITIONAL OBLIGATION. LESSEE AGREES THAT IT IS UNCONDITIONALLY OBLIGATED TO PAY ALL RENT AND ANY OTHER AMOUNTS DUE UNDER THIS LEASE IN ALL FISCAL YEARS IN WHICH FUNDS HAVE BEEN APPROPRIATED NO MATTER WHAT HAPPENS, EVEN IF THE EQUIPMENT IS DAMAGED OR DESTROYED, IF IT IS DEFECTIVE OR IF LESSEE HAS TEMPORARY OR PERMANENT LOSS OF ITS USE. LESSEE IS NOT ENTITLED TO ANY REDUCTION OR SET-OFF AGAINST RENT OR OTHER AMOUNTS DUE UNDER THIS LEASE FOR ANY REASON WHATSOEVER. 5. DISCLAIMER OF WARRANTIES. THE EQUIPMENT IS BEING LEASED TO LESSEE IN "AS IS" CONDITION. LESSEE AGREES THAT LESSOR HAS NOT MANUFACTURED THE EQUIPMENT AND THAT LESSEE HAS SELECTED THE EQUIPMENT BASED UPON LESSEE'S OWN JUDGMENT. LESSEE HAS NOT RELIED ON ANY STATEMENTS LESSOR OR ITS EMPLOYEES HAVE MADE. LESSOR HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Lessee is aware of the name of the Equipment manufacturer. If the manufacturer has provided Lessor with a warranty, Lessor assigns its rights to such warranty to Lessee and Lessee may enforce all warranty rights directly against the manufacturer of the Equipment. Lessee agrees to settle any dispute regarding performance of the Equipment directly with the manufacturer of the Equipment. 6. TITLE AND SECURITY INTEREST. Unless otherwise required by the laws of the state where Lessee is located, Lessee shall have title to the Equipment immediately upon delivery and shall be deemed to be the owner of the Equipment as long as Lessee is not in default under this Lease. In the event of a default, title to the Equipment shall revert to Lessor free and clear of any rights or interest Lessee may have in the Equipment. To secure all of Lessee's obligations to Lessor under this Lease Lessee hereby grants Lessor a security interest in (a) the Equipment to the extent of Lessee's interest in the Equipment, (b) anything attached, added, replaced and/or substituted to the Equipment Page 1038 of 1207 at any time, (c) any money or property from the sale of the Equipment, and (d) any money from an insurance claim if the Equipment is lost or damaged. Lessee agrees that the security interest will not be affected if this Lease is changed in any way. 7. USE, MAINTENANCE AND REPAIR. Lessee will not move the Equipment from the Equipment Location without Lessor's advance written consent. Lessee will give Lessor reasonable access to the Equipment Location so that Lessor can check the Equipment's existence, condition and proper maintenance. Lessee will use the Equipment in the manner for which it was intended, as required by all applicable manuals and instructions, and keep it eligible for any manufacturer's certification and/or standard full service maintenance contract. At Lessee's own cost and expense, Lessee will keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted. Lessee will not make any permanent alterations to the Equipment and will remove any alterations or markings from the Equipment before returning to Lessor. 8. TAXES. Unless a proper exemption certificate is provided, applicable sales and use taxes will be added to the Rent. Lessee agrees to pay Lessor, when invoiced, all taxes (including any sales, use and personal property taxes), fines, interest and penalties relating to this Lease and the Equipment (excluding taxes based on Lessor's net income). Lessee agrees to file any required personal property tax returns and, if Lessor asks, Lessee will provide Lessor with proof of payment. Lessor does not have to contest any tax assessments. 9. INDEMNITY. Lessor is not responsible for any injuries, damages, penalties, claims or losses, inducing legal expenses, incurred by Lessee or any other person caused by the transportation, installation, manufacture, selection, purchase, lease, ownership, possession, modification, maintenance, condition, operation, use, return or disposition of the Equipment. To the extent permitted by law, Lessee agrees to reimburse Lessor for and defend Lessor against any claims for such losses, damages, penalties, claims, injuries, or expenses. This indemnity continues even after this Lease has expired, for acts or omissions that occurred during the Lease Term. 10. IDENTIFICATION. Lessee authorizes Lessor to insert or correct missing information on this Lease, including serial numbers and any other information describing the Equipment. 11. LOSS OR DAMAGE. Lessee is responsible for any loss of the Equipment from any cause at all, whether or not insured, from the time the Equipment is shipped to Lessee until it is returned to Lessor. If any item of Equipment is lost, stolen or damaged, Lessee will promptly notify Lessor of such event. Then, at Lessor's option, Lessee will either (a) repair the Equipment so that it is in good condition and working order, eligible for any manufacturer's certification, or (b) pay Lessor an amount equal to the Net Book Value (as defined herein) of the lost, stolen or damaged Equipment. If Lessee has satisfied their obligations herein, Lessor will forward to Lessee any insurance proceeds which Lessor receives for lost, damaged, or destroyed Equipment. If Lessee is in default, Lessor will apply any insurance proceeds Lessor receives to reduce Lessee's obligations pursuant to this Lease. 12. INSURANCE. Lessee agrees to (a) keep the Equipment fully insured against loss, naming Lessor as loss payee, and (b) obtain a general public liability insurance policy covering both personal injury and property damage in amounts not less than Lessor may tell Lessee, naming Lessor as additional insured, until Lessee has met all their obligations under this Lease. Lessor is under no duty to tell Lessee if Lessee's insurance coverage is adequate. The policies shall state that Lessor is to be notified of any proposed cancellation at least 30 days prior to the date set for cancellation. Upon Lessor's request, Lessee agrees to provide Lessor with evidence of insurance acceptable to Lessor. If Lessee does not provide Lessor with evidence of proper insurance within ten days of Lessor's request or Lessor receives notice of policy cancellation, Lessor may (but Lessor is not obligated to) obtain insurance on Lessor's interest in the Equipment at Lessee's expense. Lessee will pay all insurance premiums and related charges. 13. DEFAULT. Lessee will be in default under this Lease if any of the following happens: (a) Lessor does not receive any Rent or other payment due under this Lease within ten days after its due date, (b) Lessee fails to perform or observe any other promise or obligation in this Lease and does not correct the default within ten days after Lessor sends Lessee written notice of default, (c) any representation, warranty or statement Lessee has made in this Lease shall prove to have been false or misleading in any material respect, (d) any insurance carrier cancels or threatens to cancel any insurance on the Equipment, (e) the Equipment or any part of it is abused, illegally used, misused, lost, destroyed, or damaged beyond repair, (f) a petition is filed by or against Lessee under any bankruptcy or insolvency laws, or (g) Lessee defaults on any other agreement between it and Lessor (or Lessor's affiliates). 14. REMEDIES. Upon the occurrence of a default, Lessor may, in its sole discretion, do any or all of the following: (a) provide written notice to Lessee of default, (b) as liquidated damages for loss of a bargain and not as a penalty, declare due and payable, the present value of (i) any and all amounts which may be then due and payable by Lessee to Lessor under this Lease, plus (ii) all Rent payments remaining through the end of the then current fiscal year, discounted at the higher of 3% or the lowest rate allowed by law (collectively, the "Net Book Value") and (c) require Lessee to immediately return the Equipment to Lessor. Lessor has the right to require Lessee to make the Equipment available to Lessor for repossession during reasonable business hours or Lessor may repossess the Equipment, so long as Lessor does not breach the peace in doing so, or Lessor may use legal process in compliance with applicable law pursuant to court order to have the Equipment repossessed. Lessee will not make any claims against Lessor or the Equipment for trespass, damage or any other reason. If Lessor takes possession of the Equipment Lessor may (a) sell or lease the Equipment at public or private sale or lease without notice, and/or (b) exercise such other rights as may be allowed by applicable law. Although Lessee agrees that Lessor has no obligation to sell the Equipment, if Lessor does sell the Equipment, Lessor will reduce the Net Book Value by the amounts Lessor receives. Lessee will immediately pay Lessor the remaining Net Book Value. Lessee agrees (a) to pay all of the costs Lessor incurs to enforce Lessor's rights against Lessee, including attorney's fees, and (b) that Lessor will retain all of Lessor's rights against Lessee even if Lessor does not choose to enforce them at the time of Lessee's default. 15. LESSEE'S OPTION AT END OF LEASE. Provided Lessee is not in default, upon expiration of the Lease Term, Lessee has the option to purchase all but not less than all of the Equipment for $1.00 (plus all sales and other applicable taxes). 16. RETURN OF EQUIPMENT. If (a) default occurs, or (b) a non -appropriation of funds occurs as provided herein, Lessee will immediately return the Equipment to any location(s) in the continental United States and aboard any carriers(s) Lessor may designate. The Equipment must be properly packed for shipment in accordance with the manufacturer's recommendations or specifications, freight prepaid and insured, maintained in accordance with this Lease, and in "Average Saleable Condition." "Average Saleable Condition" means that all of the Equipment is immediately available for use by a third -party buyer, user or lessee, other than Lessee named in this Lease, without the need for any repair or refurbishment. Lessee will pay Lessor for any missing or defective parts or accessories. Lessee will continue to pay Rent until the Equipment is received and accepted by Lessor. 17. LESSEE'S REPRESENTATIONS AND WARRANTIES. Lessee hereby represents and warrants to Lessor that as of the date of this Lease, and throughout the Lease Term: (a) Lessee is the entity indicated in this Lease; (b) Lessee is a state or a fully constituted political subdivision or agency of the State in which Lessee is located; (c) Lessee is duly organized and existing under the constitution and laws of the state in which they are located; (d) Lessee is authorized to enter into and carry out Lessee's obligations under this Lease, any documents relative to the acquisition of the Equipment and any other documents required to be delivered in connection with this Lease (collectively, the "Documents"); (e) the Documents have been duly authorized, executed and delivered by Lessee in accordance with all Page 1039 of 1207 applicable laws, rules, ordinances, and regulations, the Documents are valid, legal, binding agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full authorization of Lessee's governing body, and hold the offices indicated below their signature, each of which are genuine; (f) the Equipment is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee's authority; (g) Lessee intends to use the Equipment for the entire Lease Term for such function and shall take all necessary action to include in Lessee's annual budget any funds required to fulfill Lessee's obligations for each fiscal year during the Lease Term; (h) Lessee has complied fully with all applicable law governing open meetings, public bidding and appropriations required in connection with this Lease and the acquisition of the Equipment; (i) Lessee's obligations to remit Rent under this Lease constitutes a current expense and not a debt under applicable state law and no provision of this Lease constitutes a pledge of Lessee's tax or general revenues, and any provision which is so constructed by a court of competent jurisdiction is void from the inception of this lease; and (j) all financial information Lessee has provided to Lessor is true and accurate and provides a good representation of Lessee's financial condition. 18. LESSEE'S PROMISES. In addition to the other provisions of this Lease, Lessee agrees that during the term of this Lease (a) Lessee will promptly notify Lessor in writing if it moves its principal office or changes its name or legal structure, (b) Lessee will provide to Lessor such financial information as may reasonably request from time to time, and (c) Lessee will take any action Lessor reasonably requests to protect Lessor's rights in the Equipment and to meet Lessee's obligations under this Lease. 19. ASSIGNMENT. LESSEE WILL NOT SELL, TRANSFER, ASSIGN, PLEDGE, SUB -LEASE OR PART WITH POSSESSION OF THE EQUIPMENT OR FILE OR PERMIT A LIEN TO BE FILED AGAINST THE EQUIPMENT. Lessee will not attach any of the Equipment to any real estate. 20. ASSIGNMENT BY LESSOR. This Lease, and the rights of Lessor hereunder and in and to the Equipment, may be assigned and reassigned in whole or in part to one or more assignees by Lessor or its assigns at any time without the necessity of obtaining the consent of Lessee Upon an assignment, Lessee agrees to to make all payments as designated in the assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Lease or otherwise) that Lessee may from time to time have against Lessor or Lessor's assigns. 21. COLLECTION EXPENSES, OVERDUE PAYMENT. Lessee agrees that Lessor can, but does not have to, take on Lessee's behalf any action which Lessee fails to take as required by this Lease, and Lessor's expenses will be in addition to that of the Rent which Lessee owes Lessor. If Lessor receives any payment from Lessee after the due date, Lessee shall pay Lessor on demand as a late charge 5% of such overdue amount, limited, however, to the maximum amount allowed by law. 22. MISCELLANEOUS. This Lease contains the entire agreement and supersedes any conflicting provision of any equipment purchase order or any other agreement. TIME IS OF THE ESSENCE IN THIS LEASE. If a court finds any provision of Lease to be unenforceable, the remaining terms of this Lease shall remain in effect. THIS LEASE IS A "FINANCE LEASE" AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. Lessee authorizes Lessor (or Lessor's agent) to (a) obtain credit reports, (b) make such other credit inquires as Lessor may deem necessary, and (c) furnish payment history information to credit reporting agencies. To the extent permitted by law, Lessor may charge Lessee a fee of $250.00 to cover Lessor's documentation and investigation costs. 23. NOTICES. All of Lessee's written notices to Lessor must be sent by certified mail or recognized overnight delivery service, postage prepaid, to Lessor at Lessor's address stated in this Lease, or by facsimile transmission to Lessor's facsimile telephone number, with oral confirmation of receipt. All of Lessor's notices to Lessee may be sent first class mail, postage prepaid, to Lessee's address stated in this Lease. At any time after this Lease is signed, Lessee or Lessor may change an address or facsimile telephone number by giving notice to the other of the change. 24. ANTI -MONEY LAUNDERING/INTERNATIONAL TRADE COMPLIANCE. Lessee represents, warrants and covenants to Lessor, as of the date of this Lease, the date of each advance of proceeds under the Lease, the date of any renewal, extension or modification of this Lease, and at all times until this Lease has been terminated and all amounts thereunder have been indefeasibly paid in full, that: (a) no Covered Entity (i) is a Sanctioned Person; (ii) has any of its assets in a Sanctioned Jurisdiction or in the possession, custody or control of a Sanctioned Person; (iii) does business in or with, or derives any of its operating income from investments in or transactions with, any Sanctioned Jurisdiction or Sanctioned Person; (b) the proceeds of this Lease will not be used to fund any unlawful activity; (c) the funds used to repay the Lease are not derived from any unlawful activity; (d) each Covered Entity is in compliance with, and no Covered Entity engages in any dealings or transactions prohibited by, any laws of the United States, including but not limited to any Anti -Terrorism Laws; and (e) no Equipment is or will become Embargoed Property. Lessee covenants and agrees that (a) it shall immediately notify Lessor in writing upon the occurrence of a Reportable Compliance Event; and (b) if, at any time, any Equipment becomes Embargoed Property, in addition to all other rights and remedies available to Lessor, upon request by Lessor, Lessee shall provide substitute Equipment acceptable to Lessor that is not Embargoed Property. As used herein: "Anti -Terrorism Laws" means any laws relating to terrorism, trade sanctions programs and embargoes, import/export licensing, money laundering, or bribery, all as amended, supplemented or replaced from time to time; "Compliance Authority" means each and all of the (a) U.S. Treasury Department/Office of Foreign Assets Control, (b) U.S. Treasury Department/Financial Crimes Enforcement Network, (c) U.S. State Department/Directorate of Defense Trade Controls, (d) U.S. Commerce Department/Bureau of Industry and Security, (e) U.S. Internal Revenue Service, (f) U.S. Justice Department, and (g) U.S. Securities and Exchange Commission; "Covered Entity" means Lessee, its affiliates and subsidiaries, all other obligors, all owners of the foregoing, and all brokers or other agents of Lessee acting in any capacity in connection with this Lease; "Embargoed Property" means any property (a) in which a Sanctioned Person holds an interest; (b) beneficially owned, directly or indirectly, by a Sanctioned Person; (c) that is due to or from a Sanctioned Person; (d) that is located in a Sanctioned Jurisdiction; or (e) that would otherwise cause any actual or possible violation by Lessor of any applicable Anti - Terrorism Law if Lessor were to obtain an encumbrance on, lien on, pledge of or security interest in such property or provide services in consideration of such property; "Reportable Compliance Event" means (1) any Covered Entity becomes a Sanctioned Person, or is indicted, arraigned, investigated or custodially detained, or receives an inquiry from regulatory or law enforcement officials, in connection with any Anti -Terrorism Law or any predicate crime to any Anti -Terrorism Law, or self -discovers facts or circumstances implicating any aspect of its operations with the actual or possible violation of any Anti -Terrorism Law; (2) any Covered Entity engages in a transaction that has caused or may cause Lessor to be in violation of any Anti -Terrorism Laws, including a Covered Entity's use of any proceeds of the Lease to fund any operations in, finance any investments or activities in, or, make any payments to, directly or indirectly, a Sanctioned Jurisdiction or Sanctioned Person; or (3) any Equipment becomes Embargoed Property; "Sanctioned Jurisdiction" means a country subject to a sanctions program maintained by any Compliance Authority; and "Sanctioned Person" means any individual person, group, regime, entity or thing listed or otherwise recognized as a specially designated, prohibited, sanctioned or debarred person or entity, or subject to any limitations or prohibitions (including but not limited to the blocking of property or rejection of transactions), under any order or Page 1040 of 1207 directive of any Compliance Authority or otherwise subject to, or specially designated under, any sanctions program maintained by any Compliance Authority. 25. USA PATRIOT ACT NOTICE. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each lessee that opens an account. What this means: when the Lessee opens an account, Lessor will ask for the business name, business address, taxpayer identifying number and other information that will allow the Lessor to identify Lessee, such as organizational documents. For some businesses and organizations, Lessor may also need to ask for identifying information and documentation relating to certain individuals associated with the business or organization. 26. WAIVERS. LESSOR AND LESSEE EACH AGREE TO WAIVE, AND TO TAKE ALL REQUIRED STEPS TO WAIVE, ALL RIGHTS TO A JURY TRIAL. To the extent Lessee is permitted by applicable law, Lessee waives all rights and remedies conferred upon a lessee by Article 2A (Sections 508-522) of the Uniform Commercial Code. To the extent Lessee is permitted by applicable law, Lessee waives any rights they now or later may have under any statute or otherwise which requires Lessor to sell or otherwise use any Equipment to reduce Lessor's damages, which requires Lessor to provide Lessee with notice of default, intent to accelerate amounts becoming due or acceleration of amounts becoming due, intent to sale the Equipment at a public or private sale, or which may otherwise limit or modify any of Lessor's rights or remedies. Lessor will not be liable for specific performance of this Lease or for any losses, damages, delay or failure to deliver Equipment. 27. IMPORTANT INFORMATION ABOUT PHONE CALLS. By providing telephone number(s) to Lessor, now or at any later time, Lessee authorizes Lessor and its affiliates and designees to contact Lessee regarding Lessee account(s) with Lessor or its affiliates, whether such accounts are Lessee individual accounts or business accounts for which Lessee is a contact, at such numbers using any means, including but not limited to placing calls using an automated dialing system to cell, VolP or other wireless phone number, or leaving prerecorded messages or sending text messages, even if charges may be incurred for the calls or text messages. Lessee consents that any phone call with Lessor may be monitored or recorded by Lessor. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS LEASE SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. TERMS OR ORAL PROMISES WHICH ARE NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY NOT BE LEGALLY ENFORCED. THE TERMS OF THIS LEASE MAY ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT BETWEEN LESSEE AND LESSOR. LESSEE AGREES TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS LEASE. LESSEE AGREES THAT THE EQUIPMENT WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. LESSEE CERTIFIES THAT ALL THE INFORMATION GIVEN IN THIS LEASE AND LESSEE'S APPLICATION WAS CORRECT AND COMPLETE WHEN THIS LEASE WAS SIGNED. THIS LEASE IS NOT BINDING UPON LESSOR OR EFFECTIVE UNLESS AND UNTIL LESSOR EXECUTES THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF THE LESSEE. City of Boynton Beach ("Lessee") X Authorized Signature Print Name Title: Date 8020 Jog Road Boynton Beach, FL 33472 PNC Equipment Finance. LLC ("Lessor") X Authorized Signature Print Name Title: 655 Business Center Drive Horsham, PA 19044 Page 1041 of 1207 Page 1042 of 1207 Page 1043 of 1207 May 14, 2021 City of Boynton Beach Course Name: Links at Boynton Beach 8020 Jog Road Boynton Beach, FL 33472 RE: Insurance Coverage Requirements for Equipment Financing Transaction between PNC Equipment Finance, LLC and City of Boynton Beach Before funding your transaction, PNC Equipment Finance, LLC requires evidence of appropriate insurance coverage on the equipment described in your transaction documents. Please forward this request to your insurance company, agent or broker as soon as possible and ask for the evidence of insurance to be sent to the address below. PNC Equipment Finance, LLC will have an insurable interest in the following equipment: Quantity Description Serial No. Address City 90 (90) 2021 E -Z -GO RXV Elite As a condition to entering into the equipment financing transaction, PNC Equipment Finance, LLC requires the following at all times during the term of the transaction: 1. All of the equipment must be insured for its full insurable value on a 100% replacement cost basis or as set forth in the documents. 2. PNC Equipment Finance, LLC must be named as lender loss payee under a property insurance policy insuring all risks to the equipment, including fire, theft, and other customary coverage under an "extended coverage" endorsement, with a deductible not to exceed $10,000 per occurrence. 3. PNC Equipment Finance, LLC must receive evidence that a comprehensive general liability insurance policy is in place with a minimum coverage of $1,000,000. PNC Equipment Finance, LLC must be named as an additional insured under the liability policy. 4. Each property insurance policy must contain a lender's loss payable clause, or special endorsement, in which the insurer agrees that any loss will be payable in accordance with the policy terms, notwithstanding any act or negligence of the insured. 5. Each policy must provide for 30 days' written notice to PNCEF prior to any cancellation, non -renewal or amendment of the policy. The evidence of insurance can consist of a Certificate of Insurance naming PNC Equipment Finance, LLC as follows PNC Equipment Finance, LLC, and its successors and assigns, as lender loss payee Attn: Insurance Department 655 Business Center Drive, Suite 250 Horsham, PA 19044 When completed, the evidence of insurance should be provided to the following address: PNC Equipment Finance, LLC 655 Business Center Drive, Suite 250 Horsham, PA 19044 P,Aq e, 104f4 sof r12O7 E23 CERTIFICATE OF ACCEPTANCE Lease Number: 98981027-2 Quantity Description 90 (90) 2021 E -Z -GO RXV Elite ® Links at Boynton Beach 8020 Jog Road Boynton Beach, FL 33425 "Together with all attachments, tooling, accessories, appurtenances, and additions thereto". Lessee, through its authorized representative, hereby certifies to Lessor that: 1. The Equipment has been delivered to the location where it will be used, which is the Equipment Location given in the Lease -Purchase Agreement ("Lease"); 2. All of the Equipment has been inspected and is (a) complete, (b) properly installed, (c) functioning, and (d) in good working order; 3. Lessee accepts the Equipment for all purposes under the Lease as of 20_ (the "Acceptance Date"), which is the date on which the Equipment was delivered and installed; 4. The Equipment is of a size, design, capacity and manufacture acceptable to Lessee and suitable for Lessee's purposes; and 5. Lessee is not in default under the Lease, no Non -Appropriation of Funds (as described in the Lease) has occurred, and all of Lessee's statements and promises set forth in the Lease are true and correct. Lessor is hereby authorized to insert serial numbers on the Lease. THIS CERTIFICATE OF ACCEPTANCE IS SIGNED THIS DAY OF 20 City of Boynton Beach ("Lessee") Authorized Signature Print Name Title: Date 8020 Jog Road Boynton Beach, FL,33472 Page 1045 of 1207 SCHEDULE OF PAYMENTS Lease Number 98981027-2 Attached to and made a part of that certain Lease -Purchase Agreement dated as of May 14, 2021 by and between PNC Equipment Finance, LLC, as Lessor, and City of Boynton Beach, as Lessee. Rent payments are payable as follows: Payment Number Payment Date Rent Payment Interest Component Principal Component Termination Amount* 1 11/15/2021 $7,125.30 5.79 73.38 4,339.25 2 12/15/2021 $7,125.30 10.83 68.34 4,270.91 3 01/15/2022 $7,125.30 10.66 68.51 4,202.40 4 02/15/2022 $7,125.30 10.49 68.68 4,133.72 5 03/15/2022 $7,125.30 10.32 68.85 4,064.87 6 04/15/2022 $7,125.30 10.14 69.03 3,995.84 7 05/15/2022 $7,125.30 9.97 69.20 3,926.64 8 06/15/2022 $7,125.30 9.80 69.37 3,857.27 9 07/15/2022 $7,125.30 9.63 69.54 3,787.73 10 08/15/2022 $7,125.30 9.45 69.72 3,718.01 11 09/15/2022 $7,125.30 9.28 69.89 3,648.12 12 10/15/2022 $7,125.30 9.10 70.07 3,578.05 13 11/15/2022 $7,125.30 8.93 70.24 3,507.81 14 12/15/2022 $7,125.30 8.75 70.42 3,437.39 15 01/15/2023 $7,125.30 8.58 70.59 3,366.80 16 02/15/2023 $7,125.30 8.40 70.77 3,296.03 17 03/15/2023 $7,125.30 8.23 70.94 3,225.09 18 04/15/2023 $7,125.30 8.05 71.12 3,153.97 19 05/15/2023 $7,125.30 7.87 71.30 3,082.67 20 06/15/2023 $7,125.30 7.69 71.48 3,011.19 21 07/15/2023 $7,125.30 7.51 71.66 2,939.53 22 08/15/2023 $7,125.30 7.34 71.83 2,867.70 23 09/15/2023 $7,125.30 7.16 72.01 2,795.69 24 10/15/2023 $7,125.30 6.98 72.19 2,723.50 25 11/15/2023 $7,125.30 6.80 72.37 2,651.13 26 12/15/2023 $7,125.30 6.62 72.55 2,578.58 27 01/15/2024 $7,125.30 6.44 72.73 2,505.85 28 02/15/2024 $7,125.30 6.25 72.92 2,432.93 29 03/15/2024 $7,125.30 6.07 73.10 2,359.83 30 04/15/2024 $7,125.30 5.89 73.28 2,286.55 31 05/15/2024 $7,125.30 5.71 73.46 2,213.09 32 06/15/2024 $7,125.30 5.52 73.65 2,139.44 33 07/15/2024 $7,125.30 5.34 73.83 2,065.61 34 08/15/2024 $7,125.30 5.16 74.01 1,991.60 35 09/15/2024 $7,125.30 4.97 74.20 1,917.40 36 10/15/2024 $7,125.30 4.79 74.38 1,843.02 37 11/15/2024 $7,125.30 4.60 74.57 1,768.45 38 12/15/2024 $7,125.30 4.41 74.76 1,693.69 39 01/15/2025 $7,125.30 4.23 74.94 1,618.75 40 02/15/2025 $7,125.30 4.04 75.13 1,543.62 41 03/15/2025 $7,125.30 3.85 75.32 1,468.30 Page 1046 of 1207 42 04/15/2025 $7,125.30 3.66 75.51 1,392.79 43 05/15/2025 $7,125.30 3.48 75.69 1,317.10 44 06/15/2025 $7,125.30 3.29 75.88 1,241.22 45 07/15/2025 $7,125.30 3.10 76.07 1,165.15 46 08/15/2025 $7,125.30 2.91 76.26 1,088.89 47 09/15/2025 $7,125.30 2.72 76.45 1,012.44 48 10/15/2025 $7,125.30 2.53 76.64 935.80 49 11/15/2025 $7,125.30 2.34 76.83 858.97 50 12/15/2025 $7,125.30 2.14 77.03 781.94 51 01/15/2026 $7,125.30 1.95 77.22 704.72 52 02/15/2026 $7,125.30 1.76 77.41 627.31 53 03/15/2026 $7,125.30 1.57 77.60 549.71 54 04/15/2026 $7,125.30 1.37 77.80 471.91 55 05/15/2026 $7,125.30 1.18 77.99 393.92 56 06/15/2026 $7,125.30 0.98 78.19 315.73 57 07/15/2026 $7,125.30 0.79 78.38 237.35 58 08/15/2026 $7,125.30 0.59 78.58 158.77 59 09/15/2026 $7,125.30 0.40 78.77 80.00 60 10/15/2026 $7,125.30 0.20 78.97 1.03 61 11/15/2026 $1.00 -0.03 1.03 0.00 *As provided in Section 21 of the Lease -Purchase Agreement. City of Boynton Beach ("Lessee") X Authorized Signature Print Name title: 8020 Jog Road Boynton Beach, FL33472 PNC Equipment Finance. LLC ("Lessor") By: 995 Dalton Ave. Cincinnati, OH 45203 Page 1047 of 1207 RESOLUTION AND CERTIFICATE OF INCUMBENCY Lease Number 98981027-2 Lessee: City of Boynton Beach E24 WHEREAS, Lessee, a body politic and corporate duly organized and existing as a political subdivision, municipal corporation or similar public entity of the State or Commonwealth (the "State") is authorized by the laws of the State to purchase, acquire and lease certain equipment and other property for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS, pursuant to applicable law, the governing body of the Lessee ("Governing Body") is authorized to acquire, dispose of and encumber real and personal property, including, without limitation, rights and interest in property, leases and easements necessary to the functions or operations of the Lessee. WHEREAS, the Governing Body hereby finds and determines that the execution of one or more Lease -Purchase Agreements or lease schedules ("Leases") in the principal amount not exceeding the amount stated above for the purpose of acquiring the property ("Equipment") to be described in the Leases is appropriate and necessary to the functions and operations of the Lessee. WHEREAS, PNC Equipment Finance, LLC ("Lessor") shall act as Lessor under said Leases. NOW, THEREFORE, Be It Ordained by the Governing Body of the Lessee: Section 1. Either one of the OR (each an "Authorized Representative") acting on behalf of the Lessee, is hereby authorized to negotiate, enter into, execute, and deliver one or more Leases in substantially the form set forth in the document presently before the Governing Body, which document is available for public inspection at the office of the Lessee. Each Authorized Representative acting on behalf of the Lessee is hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Lease as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Leases are hereby authorized. Section 2. By a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or employees of the Lessee to execute and deliver agreements and documents relating to the Leases on behalf of the Lessee. Section 3. The aggregate original principal amount of the Leases shall not exceed the amount stated above and shall bear interest as set forth in the Leases and the Leases shall contain such options to purchase by the Lessee as set forth therein. Section 4. The Lessee's obligations under the Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Lease and the Lessee's obligations under the Leases shall not constitute general obligations of the Lessee or indebtedness under the Constitution or laws of the State. Section 5. As to each Lease, the Lessee reasonably anticipates to issue not more than $10,000,000 of tax-exempt obligations (other than "private activity bonds" which are not "qualified 501(c)(3) bonds") during the fiscal year in which each such Lease is issued and hereby designates each Lease as a qualified tax-exempt obligation for purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended. Section 6. This resolution shall take effect immediately upon its adoption and approval. SIGNATURES AND TITLES OF AUTHORIZED REPRESENTATIVES: AUTHORIZED LEASE SIGNORS ONLY Name Title Signature Name Title Signature ADOPTED AND APPROVED on this , 20 Section 7. I, the undersigned Secretary/Clerk identified below, does hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the above Lessee, a political subdivision duly organized and existing under the laws of the State where Lessee is located, that I have the title stated below, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names. The undersigned Secretary/Clerk of the above-named Lessee hereby certifies and attests that the undersigned has access to the official records of the Governing Body of the Lessee, that the foregoing resolutions were duly adopted by said Governing Body of the Lessee at a meeting of said Governing Body and that such resolutions have not been amended or altered and are in full force and effect on the date stated below. LESSEE: City of Boynton Beach [SEAL] Signature of Secretary/Clerk of Lessee Print Name: Official Title: Date: Page 1048 of 1207 Lease # 98981027 - Please provide the following information. By providing such information, you will enable us to ensure prompt payment of your vendor and the correct processing of your lease transaction. Thank you Lessee Information Full Business Legal Name: City of Boynton Beach Invoices should be directed to: Address Federal Tax ID Number: 801262154 Attention: Zip: Contact 2: Phone: ..Email:......... hereby attest the above information is accurate. Signature Date X Email: PNC Equipment Finance, LLC 655 Business Center Drive, Suite 250 . Horsham, PA 19044 Questions? Call (800) 559-2755EP�ace 1049 of 1207 1/08/2021 S u mer In ormation Form PNC Equipment Finance, LLC a Delaware limited liability company ("PNC'), is required to collect and remit sales/use tax in the taxing jurisdiction where your equipment will be located. If you select that you are exempt by marking one of the checkboxes below, you must provide a valid exemption certificate. If you do not provide this certificate prior to the booking of your transaction, you will be responsible for sales tax on all accrued payments. If tax has been remitted up front and financed into your lease payment, your account will not be marked sales tax exempt if you provide an exemption certificate after your transaction has been booked. If your tax is remitted on a monthly basis, your lease may be marked sales tax exempt for the remaining payments left to be invoiced if you provide a valid exemption certificate after your transaction has been booked. LIn the event we do not receive a valid sales tax exemption certificate prior to the date your lease commences, you be charged sales/use tax. Personal property tax returns will be filed as required by local law. In the event that any tax abatements or special exemptions are available on the equipment you will be leasing from us, please notify us as soon as possible and forward the related documentation to us. This will ensure that your leased equipment will be reported correctly. Please indicate below if your lease is subject to tax or whether a valid exemption exists. Sales Tax ❑ 1 agree that my lease is subject to sales/use tax. ❑ 1 am exempt from sales/use tax and I have attached a completed exemption certificate to PNC. ❑ 1 am claiming a partial exemption from tax. I have attached a completed exemption certificate or other documented proof of this partial exemption. ❑ 1 agree that my business is subject to sales/use tax and I have attached a completed resale certificate. This certificate indicates that I will be responsible for collection and remittance of sales/use tax based on the subsequent re -rental of the property. If applicable to the tax rates in your state, are you outside the city limits or in an unincorporated area? ❑ Inside city limits ❑ Outside city limits ❑ Unincorporated area Property Tax ❑ 1 have a valid abatement or property tax exemption (documentation attached). ❑ Location: State Taxing District Additional comments: Lessee: City of Boynton Beach Signature: X Print Name: Title: Date: PLEASE COMPLETE AND SIGN FORM 01/0ax o i ication F.,, ,80384 Information Return for Tax -Exempt Governmental Bonds ► Under Internal Revenue Code section 149(e) (Rev. September 2018) ► See separate instructions. Department of the Treasury Caution: If the issue price is under $100,000, use Form 8038 -GC. Internal Revenue Service ► Go to wwwJrs.gov1F8038G for instructions and the latest information. OMB No. 1545-0720 ■=■ Reportinq Authoritv If Amended Return. check here ► n 1 Issuer's name 2 Issuer's employer identification number (EIN) 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions) 3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is not delivered to street address) Room/suite 5 Report number (For IRS Use Only) 3 6 City, town, or post office, state, and ZIP code 7 Date of issue 8 Name of issue 9 CUSIP number 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see instructions) 10b Telephone number of officer or other employee shown on 10a ■LTi■I■ Tvi3e of Issue (enter the issue i3ricel. See the instructions and attach schedule. 11 Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Health and hospital . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13 Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . . 15 16 Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 18 Other. Describe ► 18 19a If bonds are TANS or RANs, check only box 19a . . . . . . . . . . . . . . . ► ❑ b If bonds are BANS, check only box 19b . . . . . . . . . . . . . . . . . . ► ❑ Description of Refunded Bonds. Complete this part only for refunding bonds. 20 If bonds are in the form of a lease or installment sale, check box ► ❑ Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded . . . 00 -years Enter the remaining weighted average maturity of the taxable bonds to be refunded . . . . ► Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) 00- Enter the dates) the refunded bonds were issued ► (MM/DD/YYYY) years Description of Bonds. Complete for the entire issue for which this form is being filed. Form 8038-G (Rev. 9-2018) Page 1051 of 1207 (a) Final maturity date (b) Issue price (c) Stated redemption (d) Weightedprice at maturity average maturity (e) Yield 21 $ $ years % Uses of Proceeds of Bond Issue (including underwriters' discount) 22 23 24 25 26 27 28 29 30 Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . . . . Issue price of entire issue (enter amount from line 21, column (b)) . . . . . Proceeds used for bond issuance costs (including underwriters' discount) 24 Proceeds used for credit enhancement . . . . . . . . . . . . 25 Proceeds allocated to reasonably required reserve or replacement fund '26 Proceeds used to refund prior tax-exempt bonds. Complete Part V . . . 27 Proceeds used to refund prior taxable bonds. Complete Part V . . . . 28 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . . . . Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) 22 23 29 30 Description of Refunded Bonds. Complete this part only for refunding bonds. 31 32 33 34 34 Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded . . . 00 -years Enter the remaining weighted average maturity of the taxable bonds to be refunded . . . . ► Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) 00- Enter the dates) the refunded bonds were issued ► (MM/DD/YYYY) years For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 63773S Form 8038-G (Rev. 9-2018) Page 1051 of 1207 Form 8038-G (Rev. 9-2018) Page 2 LiULU Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . 35 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC). See instructions . . . . . . . . . . . . . . . . . . . . . . . . . 36a b Enter the final maturity date of the GIC ► (MM/DD/YYYY) c Enter the name of the GIC provider 0- 37 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units . . . . . . . . . . . . . . . . . . . . . . . . 37 38a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► ❑ and enter the following information: b Enter the date of the master pool bond ► (MM/DD/YYYY) c Enter the EIN of the issuer of the master pool bond Po- d d Enter the name of the issuer of the master pool bond 0- 39 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box . . . . ► ❑ 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . . ► ❑ 41a If the issuer has identified a hedge, check here ► ❑ and enter the following information: b Name of hedge provider 0- c c Type of hedge Po- d d Term of hedge 0- 42 42 If the issuer has superintegrated the hedge, check box . . . . . . . . . . . . . . . . . . . . . ► ❑ 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box . . . . . . . . ► ❑ 44 If the issuer has established written procedures to monitor the requirements of section 148, check box . . . . . ► ❑ 45a If some portion of the proceeds was used to reimburse expenditures, check here ► ❑ and enter the amount of reimbursement . . . . . . . . . . . . . . 0- b b Enter the date the official intent was adopted ► MM/DD/YYY Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge Signature and belief, they are true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuer's return information, as necessary to and process this return, to the person that I have authorized above. Consent F Signature of issuer's authorized representative Date F Type or print name and title Paid Print/Type preparer's name Preparer's signature Date Check ❑ if PTIN Preparer self-employed Use Only Firm's name ► Firm's EIN 10 - Firm's Firm's address ► Phone no. Form t3WO-U (Rev. 9-2018) Page 1052 of 1207 Additional State Provisions Rider This Rider is executed and delivered by the undersigned Lessor and the undersigned Lessee regarding the Lease Agreement No 98981027-2 ("Lease"). If the Lessee is a state government agency or political subdivision of a state listed below, the additional provisions listed below for the respective state apply to the Lease as provided for below: State Additional Provisions Florida Notwithstanding anything contained in the Lease, the Lessor shall not have title to the Equipment as owner nor be granted a security interest to the extent such a grant or holding title violates Florida law. In addition, any insurance provisions naming Lessor as lender loss payee, loss payee, and/or additional insured shall not be applicable. Georgia Notwithstanding anything to the contrary contained in the Lease, the Lease Term commences on, and interest accrues from, the date this Lease is executed by you as set forth on your signature line below, and in accordance with applicable Georgia law, the initial term shall continue in effect until midnight on December 31 of the calendar year in which this Lease is executed. The Lease Term shall automatically renew for each succeeding calendar year for the remaining period of the stated Lease Term, unless you give notice to us by December 1 of a calendar year stating your intention not to renew this Lease for the period after December 31 of such calendar year. If you deliver such notice of nonrenewal of the Lease Term, this Lease shall terminate absolutely and without further obligation on your part, including any obligation to pay Rent payments for the period after termination, at the end of such calendar year. In the event that your governing body does not approve an appropriation of funds at any time during the Lease Term for the payment of Rent payments and other amounts (if any) due and to become due for the succeeding fiscal year during the Lease Term for the Equipment subject to this Lease, you shall have the right to return such Equipment in accordance with the terms hereof, and terminate this Lease on the last day of the fiscal year for which sufficient appropriations were received without penalty or expense to you, except as to the portion of Rent payments for which funds shall have been appropriated and budgeted. At least 15 days prior to the end of your fiscal year in which your governing body shall not have approved an appropriation of funds for the succeeding fiscal year, your chief finance or budgetary official shall certify in writing to us that funds have not been appropriated for the succeeding fiscal year. In addition, Lessee hereby agrees to complete, execute and deliver to Lessor with respect to the Lease, on the date of its execution and delivery, a Certificate of Compliance with Georgia Law in substantially the form attached to this Rider as the "Georgia Exhibit". Kansas Lessee hereby agrees to complete, execute and deliver to Lessor with respect to the Lease, on the date of its execution and delivery, a Certificate of Compliance with Kansas Law in substantially the form attached to this Rider as the "Kansas Exhibit". New York NOT APPLICABLE FOR NEW YORK STATE GOVERNMENT ENTITIES. APPLICABLE FOR ALL OTHER GOVERNMENT ENTITIES IN NEW YORK. For purposes of Section 109-b(2)(f) of the General Municipal Law of the State of New York, Lessor and Lessee hereby agree that the Lease shall be deemed executory only to the extent of monies appropriated and available for the purpose of the Lease, and no liability on account thereof shall be incurred by Lessee beyond the amount of such monies. The Lease is not a general obligation of Lessee. Neither the full faith and credit nor the taxing power of Lessee are pledged to the payment of any amount due or to become due under the Lease. It is understood that neither the Lease nor any representation by any public employee or officer creates any legal or moral obligation to appropriate or make monies available for the purpose of the Lease. In addition to Lessee's representations, warranties and covenants set forth in the Lease, Lessee hereby further represents to Lessor as follows: (a) the stated full Lease Term of the Lease does not exceed the "period of probable usefulness" prescribed by Section 11.00 of the Local Finance Law of the State of New York for the equipment, machinery or apparatus financed under the Lease; (b) the authorization for the issuance of obligations to finance the equipment, machinery or apparatus to be leased, acquired and financed under the Lease is not required by law to be subject to (i) a permissive or mandatory referendum, (ii) a supermajority vote of Lessee's governing board or (iii) a referendum only if the obligations have a maturity not less than a specified minimum period; and (c) the amount of unpaid periodic payments (excluding interest) proposed to be made under the Lease and those other installment purchase contracts entered into by Lessee pursuant to Section 109-b of the General Municipal Law of the State of New York, together with the amount of outstanding indebtedness, do not exceed 115% of the limit prescribed by Section 104.00 of the Local Finance Law of the State of New York and the total amount of such payments (excluding interest) under the Lease and all such other installment purchase contracts do not exceed 40% of such limit. Ohio NOT APPLICABLE FOR OHIO STATE GOVERNMENT ENTITIES. APPLICABLE FOR ALL OTHER GOVERNMENT ENTITIES IN OHIO. Lessee hereby agrees to complete, execute, and deliver to Lessor with respect to the Lease, a Certificate of Adequate Resources in substantially the form attached to this Addendum as the "Ohio Exhibit". Texas Pursuant to Section 2270.002 of the Texas Government Code, Lessor hereby certifies that it does not boycott Israel and will not boycott Israel during the term of this Lease. City of Boynton Beach ("Lessee") X Authorized Signature Print Name) Title Date 8020 Jog Road Boynton Beach, FL 33472 Additional State Provisions Rider - FL V20210217 PNC Equipment Finance, LLC ("Lessor") X Authorized Signature Print Name Title: 655 Business Center Drive Horsham, PA 19044 1 of 1 Page 1053 of 1207 6/1/2021 Item Coversheet 7.B. Consent Bids and Purchases Over $100,000 5/4/2021 City of Boynton Beach 112) Agenda Item Request Form Commission Meeting Date: 51412021 Requested Action by Commission: Approve utilizing the Nation IPA Cooperative Contract No. R161101 with EZGO Division of Textron, Inc. for the lease and finance of Ninety (90) 2022 RXV Elite Golf Cars in the net amount of $409,906.80. Explanation of Request: Staff at The Links Golf Course has evaluated its current fleet to determine why maintenance issues have dramatically increased over the last year. Due to social distancing requirements, more carts are being used on a daily basis requiring additional service and maintenance. Staff has determined that it is in the City's best interest to replace these units with new carts under a 5 year factory warranty, as opposed to continually repairing out of warranty carts. In order to run a top quality Golf Course, the most appropriate action would be to replace all carts and finance them over a 5 (five) year period. The following is a breakdown of the requested purchase and trade-in allowances (90) Golf Carts - Total Purchase Price: $576,000.00 less trade-in allowance for (90) cars: <$166,093.20> Net Purchase Price: $409,906.80 EZGO Division of Textron, Inc. has offered a 60 -month Net Municipal Lease/Purchase with a $1.00 per car buyout at the end of the term. The Lease/Purchase has a municipal interest rate of 2.99%. The National IPA Cooperative Contract satisfies the City's procurement requirements. How will this affect city programs or services? Replacing the golf cart inventory will provide new golf carts for patrons to use, enhancing the overall image of the Golf Course and improving the pace of play, along with reducing maintenance time and costs that the Golf Course has experienced. Fiscal Impact: Budgeted This expense has been included in the budget under line item 411-2910-572-44-30 Alternatives: Re -bid the item. The time it will take to re -bid this purchase instead of utilizing the piggyback contract will significantly delay the ordering of the new carts and will impact the quality of carts offered at the golf course. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ❑ V3igq -� ❑ ❑ QiMu wtes Description National IPA Cooperative - Executed Contract National IPA Cooperative - Contract Ext until 12/31/2021 National IPA Cooperative - Pricing EZGO - Quote U https://boyntonbeach.novusagenda.comlAgendaWeb/CoverSheet.aspx?ltemtD=91114 Page 1054 ofiA207 7.D. Requested Action by Commission: Approve a change to Task Order UT -11E-03 with Alexis Knight Architects, in the amount of $76,882 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018 to revise the design plans, provide geotechnical services, surveying services, permitting assistance, bid assistance, and construction administration for Mangrove Park and the Boynton Beach Blvd Extension. Explanation of Request: In July 2020, a purchase order for $34,757 was issued for work that included lighting, security, and irrigation design for Mangrove Park and the Boynton Beach Boulevard Extension. The hardscape, paving, drainage, and landscaping plans were completed by in-house staff. The construction bid was advertised in January 2021 and in April 2021, one (1) bid was received which was significantly over the construction budget and is being rejected as part of tonight's agenda (in a separate item). Due to comments received from the contractors and/or vendors during the bidding phase and a request from Casa Costa for additional parking, the construction documents must be revised prior to re -advertising the project for bid. The original task order was for $34,757. The amended task order amount will be $111,639.00. How will this affect city programs or services? The project will provide new security, renovated landscaping/irrigation and much needed increase to the on street parking at Mangrove Park and Boynton Beach Boulevard Extension. Fiscal Impact: The funds are budgeted and will be taken from 303-4103-580.63-15. GG1801 Alternatives: Do not move forward with the redesign and defer the improvements to a later year. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 1055 of 1207 Grant Amount: Attachments: Type Attachirneint Attachirneint Description Attachirneint 1 ConSLARaint'sFlirqposal� Attachirneint 2 ConSLARaint Contract Page 1056 of 1207 Sustainable Design + Innovative Solutions May 19, 2021 Mr. Gary Dunmyer, MBA, P.E.G.C. City Engineer Public Works Engineering P.O. Box 310 Boynton Beach, FL 33435 RE: Professional Services for: Boynton Beach Boulevard Extension Project Task Order # UT -2E-03 Boynton Beach, FL 33435 AKA No. 20.0044 Mr. Dunmyer; Alexis Knight Architect, Inc. (AKArchitects) is pleased to provide this proposal for professional services. These services include the tasks defined in this proposal and will result in the re-creation of the construction documents for the extension and improvements to Boynton Beach Boulevard, in Boynton Beach, Florida. Please review the enclosed Architectural Services Agreement including Attachment A: Scope of Services, Attachment B Professional Fees, Attachment C: Standard Hourly Rates and Attachment D: General Conditions, and if acceptable, sign and return this agreement. AKArchitects will begin this project within five (5) business days of receiving written acceptance and execution of this agreement services. This written proposal will be valid for thirty (30) days from the date of this proposed agreement. cc: Project File Sincerely; fight chite�ct, I'' Steven W. Kn1ht, R.A., I.A. President ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com Page 1057 of 1207 Architectural Service Agreement May 19, 2021 Professional Services for: Boynton Beach Boulevard Extension Project Task Order # UT -2E-03 Boynton Beach, FL 33435 AKA No. 20.0044 This proposal is hereby issued this 19th day of May, 2021 and shall become the agreement between The City of Boynton Beach, subsequently referred to as the "Client, and Alexis Knight Architect, Inc. (AKArchitects), subsequently referred to as the "Architect." These services are being offered under our current General Consulting Services Agreement dated August 22, 2018. By joining in this Agreement, the Client retains Alexis Knight Architects, Inc. to provide services in connection with the preparation of the re-creation of the construction documents for the extension and improvements to Boynton Beach Boulevard, in Boynton Beach, Florida, subsequently referred to as "Project." By this Agreement, the scope of Alexis Knight Architect's services for this Project is limited to that described in Attachment A: Scope of Services. Client agrees to compensate Alexis Knight Architects for providing the above services in the manner described in Attachment 8: Professional Fees. Client agrees to compensate Alexis Knight Architects for services in the manner described in Attachment C: Standard Hourly Rates as described in our General Consulting Services Agreement dated August 22, 2018. Client agrees to the contractual conditions as described in our General Consulting Services Agreement dated August 22, 2018. Alexis Knight Architect, Inc, By: Steven W. Knight Title: President" Date: May 19, 2021 Client: Mr. Gary Dunmyer Date: ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com Page 1058 of 1207 Architectural Service Agreement Attachment A: Scope of Services May 19, 2021 Professional Services for: Boynton Beach Boulevard Extension Project Task Order # UT -2E-03 Boynton Beach, FL 33435 AKA No. 20.0044 Project Description: This project includes the improvements and extension of selected portions of Boynton Beach Boulevard in Boynton Beach, Florida. The City of Boynton Beach has proposed the Boynton beach Boulevard Extension, which includes the pedestrian walkway on the east side of Casa Costa, and SE 4th Avenue. The scope of work shall include the following: • The general scope of work will be as defined in the current construction and permit drawings. • New Data Building including adjacent site work, parking, drives and landscaping. • New concrete security wall including adjacent site work and landscaping. The current civil engineering and landscape architectural drawings will be used as a "go by" only. These drawings will be re-created by the new design team. Scope of Basic Services: AKArchitects is hereby offering the basic professional services as defined in this proposal. These services shall include modifications to the current permitting and construction drawings. The civil engineering will include a complete redesign of the horizontal and vertical control for this site. The construction drawings will be recreated and shall depict the site engineering as established by the new civil engineering firm. In addition, AKArchitects will retain the services of a structural engineer, a geotechnical engineer and a landscape architect to provide the required services to redesign selected portions of the existing project. This newly assembled team will provide additional cost estimating, additional bidding assisitance and general permitting assistance services. The following services will be provided by these firms: Alexis Knight Architects, Inc........................................................................................Architectural Services Engenuity Group, Inc.......................................................................................Site Engineering Services ONMU, Inc............................................................................................Structural Engineering Services Dave Bodker, Inc................................................................................... Landscape Architectural Services Formica Consulting Engineers, Inc..............................................................Electrical Engineering Services Tierra South Florida.........................................................................................Geotechnical Engineering ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 3 Page 1059 of 1207 AKArchitects will hire, hold the contracts for services and oversee these firms as part of their services to be provided by AKArchitects under this agreement. The scope of work shall include the following: • Re-engineer the site in the areas as illustrated in the current construction and permit drawings. • Rework and modify the landscaping as illustrated in the current construction and permit drawings. • Design and provide drawings for the proposed new Data Building required for the connectivity associated with the security, communications and controls as illustrated in the current construction and permit drawings. • Design and provide drawings for the proposed new concrete security wall required for this project. The following basic services will be provided: • Additional, but limited Due Diligence and Field Work • Architectural Services • Structural Services • Site Engineering Services • Landscape Architectural Services • Geotechnical Testing and Reporting • Construction and Permit Documentation Phase Services • Opinion of the Probable Cost for Construction • Bidding Assistance Services • Permitting Assistance Services • Construction Phase Services AKArchitects and their consultants are hereby offering the following: Due Diligence and Field Work: AKArchitects and their Consultants will provide the field work for this project. The scope of the project field work will include the following: • The Architect and their site engineering and landscape architect will visit the property and observe the conditions of the existing site and areas included in this project Geotechnical Testing and Reporting The Architect shall retain the services of a geotechnical engineer to provide Geotechnical Testing and Reporting services. These geotechnical services and the subsequent report will be required by the structural engineer to complete their services. This report is also required by permitting department and will become part of the building permit application package. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com Page 1060 of 1207 The following services shall be provided: • In the location of the proposed new structural screenwall and new Data Building, the Geotechnical Engineer will, drill two (2) Standard Penetration Test (SPT) borings to a depth of 20 feet below grade in the proposed porch area. Some adjustments in the boring depths may be necessary depending upon the subsurface conditions encountered. • Penetration resistance testing will be performed in general accordance with the requirements of ASTM designation D 1586. • Prior to drilling at the project site, the engineer will notify the local utility companies and request that underground utilities be marked. • Laboratory testing and visual classifications will be performed on selected samples. • The results of all drilling and laboratory testing will be evaluated by a geotechnical engineer. A report will be issued that contains the exploration data, a discussion of the site and subsurface conditions, and recommendations for foundation design and a discussion of some construction considerations. Construction Phase Surveying Services The surveyor shall provide the following services: • The Surveyor shall attend one (1) pre -construction meeting with the General Contractor, other project Engineers, Subcontractors, the Client and the Architect. • The Surveyor shall survey and layout the improvements as illustrated in the current civil engineering drawings. This will include, but will not be limited to the veridical and horizontal control for all paved areas, utilities and driveways. • The Surveyor shall survey prepare an elevation certificate and establish the finished floor line of the new Data Building and elevations of the new pavement areas. • The Surveyor shall recover or Reset Horizontal and Vertical Control (Benchmarks) and Property Corners as shown in the construction plans. Construction Layout Staking and As -Built Surveying Services Tasks include the following: Layout the Building Addition (Hubs & Tacks with Offset and Finished Floor Elevation Stakes) ■ Perform an As -Built "Formboard" Survey before the foundation and slab are poured to determine if the foundation was constructed in the correct location, to the correct elevation and to the correct dimensions. ■ Layout all Parking Lots, Driveways and the Dumpster Area (Stakes with Elevations) ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com Page 1061 of 1207 ■ Layout all Sidewalks (Stakes with Elevations) ■ Layout the Pond (Top of Bank and Toe of Slope Stakes with Elevations) The Surveyor shall provide project certification and a final survey to the contractor. These certifications shall indicate that all work meets the requirements of those agencies having jurisdiction over the project. Construction and Permit Documentation Phase Services: Once the additional due diligence and the field work have been completed, the design team will provide the services as required to complete the Construction and Permitting Documents. AKArchitects will review the current permitting and construction drawings with the Client to establish the workability of the design and determine the scope of the required modifications. The fees defined in this proposal include those required by each discipline. Each discipline will revised or create new drawings to satisfy the modifications in project scope and to make drawings permittable, code compliant and ready for the solicitation of new bids from selected general contractors. Revised Construction Documents: AKArchitects will revise the construction documents for this project. These documents will include additional drawings and specification annotations. The scope of the drawing preparation work will be based on the design development drawings and will include the following: The project revised deliverables shall include the following: • Site Demolition plan • Civil engineering drawings • Landscape architectural and irrigation drawings including schedule and annotations. • Architectural drawings including site plan and miscellaneous site improvements annotations. • Structural drawings and annotations • Electrical drawings including lighting, power and security systems and annotations. The construction document deliverables shall include four (4) sets of drawings to be issue for permitting. Preparation of an Opinion of the Probable Cost for Construction AKArchitects will prepare an Opinion of the Probable Cost for Construction. • The Cost Estimating Consultant will prepare a cost estimated, based on the completed construction drawings. • This deliverable will include a line -item cost presentation and a lump sum value. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com C Page 1062 of 1207 Permitting Assistance: AKArchitects will provide assistance in obtaining local building permits. The General Contractor or the Client will prepare the permit application and issue the required information to the local permitting department. AKArchitects will issue necessary interpretations, revisions and clarifications and prepare drawing revisions required by the building permit agency during the permitting process. These services do not include obtaining site plan approval and fulfilling the requirements of the county and local engineering departments. Any additional permitting submittals associated with Client's design or plan revisions, or changes in project scope, will be provided for an additional fee. Bidding Assistance: AKArchitects will provide limited bidding assistance services for this project. The Architect will work in tandem with the Client's General Contractor/Construction Manager during the bidding phase of the project. • The Architect will provide written responses to Requests for Additional Information (RFI) that are presented by the Contractor/Construction Manager. • The Architect will modify the documents to include additional information related to requests for information (RFI's) issued by the Contractor/Construction Manager during the bidding phase of the project. The Client's General Contractor/Construction Manager will administer the formal bidding process and provide all other assistance during this phase of the project. Construction Administration: AKArchitects will provide construction phase administration services for this project. Once the permits for the new work have been issued by the local authority having jurisdiction and the construction phase of the project begins, the Architect will provide the construction phase administration services, defined herein. The Architect and Engineers will provide the following services: Observation Services: • The Architect and Engineers will observe the project during the construction phase, to ensure that the materials, assemblies and finish product is consistent with the work included and defined in the construction documents. • The Architect and Engineers will provide site visits and progress reporting on a bi-weekly basis. A site visit report will be prepared, defining the work observed and in progress ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com Page 1063 of 1207 Administration Services: • The Architect and Engineer will review shop drawing submittals issued by the General Contractor. • The Architect and Engineers will review monthly applications for payment as submitted by the general contractor. • The Architect and Engineer will answer RFI's and questions from the field and provide written clarification to the Client and contractor. • The Architect and Engineer will provide written clarification and drawing revisions as required by the local permitting authority. • The Architect will provide a final "punchlist" walk-through to ensure that the project has been completed in accordance with the contract drawings. • The Architect will prepare the Substantial and Final Certificates of Completion for the project. • The Architect will provide "as -built" drawings. Scope of Optional Services: For additional fee, AKArchitects is hereby offering optional services as defined in this proposal. These services will be provided at the hourly rates included in this proposal. The following optional services may be provided: • The Architect and Engineer will provide material testing during construction. • The Architect and Engineer will provide as built drawings at the conclusion of the project. Qualifications and Exclusions: Please note that this fee proposal is based on our understanding of the project scope and the information that is presently available. This fee proposal is presented in accordance with the following Qualifications and Exclusions: Qualifications: • Site Civil Engineering services will be provided by Engenutiy Group, Inc. and will bear the signature and seal of the new designer of record. • Landscape Architectural services will be provided by Dave Bodker Landscape Architect, Inc. and will bear the signature and seal of the new designer of record. • The current civil engineering and landscape architectural drawings will be used as a "go by" only. These drawings will be re-created by the new design team. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 8 Page 1064 of 1207 The Client shall provide the following: • Modifications to the current bidding document, including the Notice and Invitation to Bid. Exclusions: AKArchitects will not provide the following services: • Value engineering — Making design and plan changes to reduce cost • Construction and material testing • Construction phase surveying • Services for obtaining any variances, change in use permits or special approvals required by the building department for the physical installation of any portion of this project • Services for making client or contractors requested plan and design revisions which occur after final acceptance of the documents (100% completion levels) and during construction. • Services for additional building or site design beyond those necessary to support the scope of work defined in this proposal Project Schedule: Please note that this schedule is based on our understanding of the project scope and the information that is presently available. The schedule and the time required to complete each task will be a direct function of AKArchitects ability to receive information required to complete the project. The Architect and the Client will meet to establish the final building schedule. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com Page 1065 of 1207 Architectural Service Agreement Attachment B: Professional Fees May 19, 2021 Professional Services for: Boynton Beach Boulevard Extension Project Task Order # UT -2E-03 Boynton Beach, FL 33435 AKA No. 20.0044 Basis of Charges: Charges for basic professional services performed by our firm for services listed in the SCOPE OF SERVICES will be made on the basis of a Lump Sum Fee in the amount of $76,882.00, excluding expenses for printing costs, permit and application fees. Due Diligence and Field Work................................................................................ $ 1,420.00 Geotechnical Testing and Reporting........................................................................ $ 3,526.00 Construction and Permit Documentation Phase Services .............................................. $45,735.00 Opinion of the Probable Cost for Construction............................................................. $ 2,803.00 Bidding Assistance Services.................................................................................... $ 3,447.00 Permitting Assistance Services................................................................................. $ 5,575.00 Construction Surveying Services $ 6,994.00 Construction Phase Services.................................................................................... $ 7,382.00 Total $ 76,882.00 The additional services defined in this proposal will be provided on an hourly basis. A Not To Exceed fee, excluding expenses, will be negotiated for each additional task. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com 10 Page 1066 of 1207 Architectural Service Agreement Attachment C: Standard Hourly Rates May 19, 2021 Professional Services for: Boynton Beach Boulevard Extension Project Task Order # UT -2E-03 Boynton Beach, FL 33435 AKA No. 20.0044 ALEXIS KN 1133 H TAiprIHII'TI 'T S , IN C Standard Hourly Rates Hourly Rates are as included in our general agreement Charges for additional professional services performed by our firm for all services listed in the Scope of Additional Services or as otherwise requested by the Client will be performed on the basis of an Hourly Fee excluding expenses. Billings will be issued at least monthly and will be based on the estimated percentage of the total scope of services that has been completed. ALEXIS KNIGHT ARCHITECTS 100 NE 6th Street, Suite 102 Boynton Beach, FL 33435 561 374 9242 sknight@akarchitectsinc.com Page 1067 of 1207 Coversheet Pagel of 2 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. RIS -103 -Authorize the City Manager to sign multiple agreements as a result of RFQ No.: D46-2621-17/TP for General Consulting Services for five (5) Scope Categories to be executed based on individual task orders in compliance with the purchasing policies and procedures. EXPLANATION OF REQUEST: Term of agreement: two (2) years from execution of agreements with three (3) additional one (1) year renewal periods. Explanation of Request: On March 6, 2018, the City Commission approved the list of top ranked proposers identified by the Evaluation Committees from the responses received from RFQ No.: 046-2821-171TP for General Consulting Services, who authorized staff to conduct negotiations with the firms as follows: COPE CATEGORY A Water Plant Modifications Capacity and o v :I ati n Garollo En ineers,lnc. mmm ...... -WWW neers Inca CW2MHill Et�i. , Globaltech,lnc. SCOPE CATEGORY B Urs I i, e E �aluatio�np , Carollo En ineers lnc. _ Arcadis U.S., Inc. AECOM Technical Services, Inc. CD mite, ...... w -,Inc. �.,....... ....� COPE CATEGORY C J"" ' la S ), ._._ 0'c and Services Carollo Enlneers Inc. CDM Smith„ Inc. Globaltech Inc.. SCOPE CATEGORY D w,. Trans orta a aiices KImIe-Hom and Associates Inc. Calvin, Giordano & Assoc., Inc. Mathews Consulting SCOPE CATEGORY E hitectisrst unft n s Servii�i Gentile Glas Hollowa 0 Mahone�� & Assoc.,, Inc. Alexis Knit° hi Architects, Inc. West Architecture t Design, LLC The RFQ was advertised and submittals were opened on September 26, 2017. The City received sixty-five (65) proposals whereby the top ranked proposers per scope (2 or 3, depending upon scope) were submitted to City Commission on March 6, 2018 for approval and authorization to move forward with negotiations to establish contract agreements for ongoing services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiation Act. Emphasis was placed on the Schedule of Professional Fees to solidify hourly rates for the initial contract period. Based on comparisons of the submittals by each of the firms, negotiation sessions with all the firms were deemed unnecessary. Only fines that showed significantly higher rates were contacted for discussions. Comparisons were done on the basis of averages among all three (3) or four (4) fines for Scope Categories D and E only. On July 2 and July 19, 2018, the Purchasing Manager and the City Engineer conducted negotiations with the fines. As a result, the Schedule of Professional Fees as attached will be fixed and firm for at least the initial two(2) year period. Individual task orders will be generated at the time specific projects are realized utilizing the Schedule of Professionai Fees as the basis for the overall cost of the each task. Task orders will be submitted to the Commission for approval in accordance with the City's Purchasing Policies and Procedures. HOW WILL THIS AFFECT CITY PROGRAMS OR -SERVICES? https:llboyntonbeach.novusagenda.conilAgendaPublicICoverSheet.aspx?ltemlD=4382&M. Pa 31A@?gof 1207 Uoversheet Page 2 of 2 This agreement will provide for the issuance of task orders in connection with projects for on-going capital improvements to enhance City-wide operations. Individual task orders in excess of $25,000 will be brought back to Commission for approval in accordance with the Purchasing Policies and Procedures. FISCAL IMPACT: Budgeted The costs of the individual task orders will be paid from approved CIP budgets or other budget sources within the City's adopted budget. ALTERNATIVES: Not approve the contract and re -issue the RFQ. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description a Resolution Resolution approving General Consulting Services Agreements o Agreement AGREEMENT - 2GHO a Agreement AGREEMENT-AECOM o Agreement AGREEMENT -ALEXIS KNIGHT a Agreement AGREEMENT - ARCADIS a 6.greement AGREEMENT - CALVIN, GIORDANO 8 ASSOC. a Agreement AGREEMENT - CAROLLO a Agreement AGREEMENT - CDM SMITH a Agreement AGREEMENT - CH2M HILL a Agreement AGREEMENT - GLOBALTECH a Agreement ATTACHMENT - KIMLEY-HORN a Agreement ATTACHMENT - MATHEWS CONSULTING a Agreement AGREEMENT -WEST ARCHITECTURE haps:/lboyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemID =4382&M... 12/3/2018 Page 1069 of 1207 15i 16 V 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. R18-103 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN INDIVIDUAL AGREEMENTS AS A RESULT OF RFQ NO. 046-2821-17frP FOR GENERAL CONSULTING SERVICES FOR FIVE (5) SCOPE CATEGORIES TO BE EXECUTED BASED ON INDIVIDUAL TASK ORDERS IN COMPLIANCE WITH THE PURCHASING POLICIES AND PROCEDURES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 6, 2018, the City Commission approved the list of top ranked proposers identified by the Evaluation Committees from responses received from RFQ No. 446-2821-17/]T for General Consulting Services; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, hereby deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to approve and authorize the City Manager to sign individual as a result of kFQ No. 046-2821-17frP for General Consulting Services for five (5) scope categories to be executed based on individual task orders in compliance with the purchasing policies and procedures. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section] The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2, The City Commission of the City of Boynton Beach, Florida does hereby appy6ve the following firms as being qualified to provide General Consulting Services and does authorize the City Manager to sign the individual contracts: C:Wseis%StanzioneTWppDataU-owNW9Cr UM)AArindowsITertipotary fMemet FibslCmtent.lESZATNDEVNCAneral ConsulprgL.Services_(201$)_ R"o.d= Page 1070 of 1207 32 33 34 35 36 37 38 Section 3. This Resolution shall become effective immediately upon passage. {Remainder of page intentionally left blank} C!WeersIStenzimneT%pppataUixerNkrosoft indo"%TemporaryInternet FileMCorNenLIE5%SATNOEVN4GaneraUConsutIng_Sem$ma_(2018)_ _Reso.d= Page 1071 of 1207 3f 4C 41 42 43 44 45 46 47 46 49 50 51 52 53 54 55 56 57 56 59; 60 61 62 63 641 PASSED AND ADOPTED this 71' day of August, 2018. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant r y Vice Mayor— Christina L. Romelus Commissioner — Mack McCray Commissioner — Justin Katz Commissioner -- Joe Casello ATTEST: VOTE 0 Ju,lt A. Pyle, Cha; C Clerk I' {Corporate Seal} C:WsersZtarrzionaTlAppDataU.om Microsoft Windms%Tempamry Internet Files%Cornent.IE51SATN0EVNIGenera3 Consukinp_Servioes (2018) Reao.doex Page 1072 of 1207 Page 1073 of 1207 1 ►, THIS AGREEMENT' is entered int* between the City of Boynton Beach, hereinaltar reiemed to as 'the CITY', and ALEXIS KNIGHT ARCHITECTS, INC., hereinefter roferred to as 'the CONSULTANT", In consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuent to Section 287.05. Florida Siehutes, the CwmLftarjW Compat*m Negotiation Ad, the CITYS Procurement Code, the City of Boynton Beach sokited proyoaals for professional consulting services from qualified engineerktg firms for required City services; and WHEREAS, THE CITY issued a Request for OuaNticetform for General Coneufting Services for the City of Boynton Beach, RFO No. ()462821-17frP and WHEREAS, the City Commission designated CONSULTANT as one of several quaWod consulting firms to prvMe General Consulting services to the CITY; and NOW. THEREFORE, In consideration Of the mutual covenerft expressed herein, the parties agree as f0was: 1.1 CONSULTANT sprees to perform General Consutdng Services by way of ircdiWWW task orders, at the request of the CITY during the term of this Agreement, hxluding the provision of all labor, materials, equipment and suppees. The speWW projects which may be assigned to CONSULTANT is in corIjunctlon with; Scope Category A Wager Plant Modifications, Capacity and Operations Evaluation Scope Category 8 In tashbat re improvernerns and Evaluations SSpe Category C pe D oo Tr ion Services ® Scope Category E Arr hiteftnl and Landscaping Design 6&-Vx ms 1.2 SERVICE AND RESPONSMILITIES 1.2.1 GENERAL: The CONSULTANT sprees to perform work assigned by Task Order(s) under such terms as ad forth in the Task Order(s). The terms of the Task Order(s) shall be sttpplemental to the term of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of 'Tbe term "Agrwmae has the scree meaning is the seem contmet". soymon Beech Utilities - cmMil Consulting savices Y,j CLEAN FINAL C-1 Page 1074 of 1207 Page 1075 of 1207 Its Sub -consultants' work. 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTAWr shall prepare preliminary studies and reports, feasibility atudies, fmnclal and fiscal studies, and evaluation of enuisting facilities, preparation of schematic layouts and sketches where required; develop eonstrudion budgefs, Opinions of Probable Construction Cost, and shal t and carrier wlth the CITY as may be neceseary for the CITY to reach decisions concerning the at .t maW. The CONSULTANT shall attend meetings whir the CITY Cornmtaslon and CITY staff as may be required, and provide the CITY wlrtr a time schedule which steal WkWe but not be limited to subndtteI of all miestorm related to the project up to delivery of 100% construction documents. 1.2.4 During the pr h*mry services phase, the CONSULTANT shall advise the CITY. Chased on CONSULTANTS professional opinion and the surrard Project conditions and reasonably fionssesable conditions of the completenass of wdsting data and AS suitabAity for the intetWed purposes of the project; CONSULTANT to obtain data from Wier scum% ider y and analyze requirements of governments[ authorities havig jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and compareove auxins of prospective site and sohMons; and prepare and famish a report to the city setting forth the CONSULTANT5 findings and recornmendations. 1.2.4.1 Providing any type of property surveys or rckrted engiraering services needed far the transfer of interests to reel properly, and field surveys for design purposes and engineering surveys and stWft to enable Contractor to proceed with their work, and providing other special field surveys 1.2.4.2 Prebminary design services to be perfomhed by the CONSULTANT W*U indude consuMon and advice concerning the extent and soolm of proposed work and prepanation of prelirhinary design docurneMs consisting of design criteria, prelnninery drawings, and outline specfficagofts as well as preliminary estlmales of probable Construction Casts. This phase will also Include preparation of a preGmpnery site plan or adrentatle drawings when appropriate. Up to SIX (B) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed stroll be determined by the CITY. 1.2.4.3 CONSULTANT shalt provide onvironmental assessment and ampad staiememts as required to deleadne the abritsbc'ilty of am site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT wO provide advice and assistance relating to operation and matnteunce of projed or other systems; evaluate and report on operations; aaslst the CITY In matters raiaft to regulatory agency Boyroon 8mch Uriihta - Ommi l Cans Wng Savim V.S CLEAN FFNAL C-4 Page 1076 of 1207 Page 1077 of 1207 operalions review or operating pem* non-compaanos; assist with startup and operator Iraining for newly Installed or modified equipment and processes, and in the preparation of operating, maintenance and wbaffrg manuals for the project 1.2.5 BASIC SERVICES. The CONSULTANT shall consult and advise the CITY in the foJI&Mng manner. specHying the extent and scope of the work to be performed; prepare detailed construction dritwinge and speacadons; revise and update, where neoesaary, pravtously designed corhatructlon plans and spedficattons, whether in whole or In part, to be bxcrporated Wo the proposed work and prepare construction documents and first estimate of probable Construction Cost. The final design services stall be provided to an electronic format, and shall also include furniehing up to six (6) coples of plana and specifications to the CITY; the exact number needed shag be determined by the CITY. 1.2.6 Final design services shall also incitide preparation of permit dpplicatiofts as may be requbed by such agencies as have legal review authority over the projacL Then applications shall include but not be grntf<ed to slte plan approvals or other pan. and work efforts and shag also 8vam of meetings at staff level and meetings with the appropriate goveming body and the C". Unlees specifically provided for under the final design Owe, pmK application services do not include applkstlans requiring environrimwUl impact stabernents or environmental asaeawrwhts, cormunVilwe use permits and landM permits. 126.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, projecd schedule or cmrstrurxfon budget shall prepare for approval by the CITY, design deaelapmerd downerrts oorrsistmg of drawings and oldish downents to fix and descrlbe the size and clunicter of each project's civil engineering. environmental, landscape, architectural, structural, mechanical. and electrical systems and any other reqs or systems. materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary eagnude of probable Consdvdlon Coats. 1.2.5.2 The CONSULTANT based on CITY approved design development documents and any hrther adjustments in the scope or quality of the pmjW or in the conduction bum shag prepare Constrixtion Documents within the number of calendar days specified wWn any notice levied by the CITY. The Construction Documents shag consist of drawings and specilleaft s aettirg forth In drdea the requirements for the construction of the project. 1.2.5.3 The CONSULTANT shag assist the CITY in the pneparation of the racessay proposal Informatlon end forms. 1.2,6.4 The CONSULTANT shag advise the CITY of any edustments to prm totm estimates of probable Construction Costs Indicated by "ntnn Senh Utilldes - Genal CoomWvZ Services VA CLEAN FINAL GS Page 1078 of 1207 Page 1079 of 1207 changes in codes, adminlatradve and jurisdictional requirements of general market Conditions. 1.2.6.5 The CONSULTANT shah submit to the CITY for each project, electronic format and up to six (6) copies of the Construction Docurnerrts, and a further revised estimate of total probable Construction CosL 1.2.6.6 CONSULTANT shall Inckrde In the Construction Domments a requirement that the consh icUM contractor shall provide a final as -built survey of the project In Autocad electronic format by a registered lana Surveyor, and provide marked up conelrtiction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CrrY and as requite& 1.2.6.7 prior to final approval of the Constnxtierh Ductunents by the CRY. the CONSULTANT shall conduct a thorough review and quality control evaluation of the erib work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval Is required. The CONSULTANT shall make sure that all necessary approvals have taken pie=.. 1.2.6.9 Prior to each pha:aed submittal, ft CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the works property coordinated and confirm first the CITY and agency corsmerts have been addressed and incorporated Into the Corrbmd Dommonts. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan In a format that advises the CITY Mat all work has been parformad as required. A report shall be' submitted In accordance with those standards to apprise Ma CITY that due care has been taken in the preparation of the Contract Documents. 1.26.9 The CONSULTANT shall signify responsibility for the Contract Documents lndudng techrrtoal speciliratlons and drafts prepared pwmntto this Agreement by affintirtg a signature, date and seal as required by Fkdda Sias Chapters 471 and 481, if applicable. The CONSULTANT shat n wilh all of its governing laws, rubs, regulations, codes, direoWes and other apgoabte federal, state and local requirements in pn Maratior of the work. 1.2.7 The CONSULTANT shall provide the cohstructton docLrrnerts, technical specifications and drawings completed in aocordarnce with generally accepted MAN510n0l practices and prkK# ies and In a manner consistent wbth the level of care and sidil ordinarily exercised by members of the profession currently practicing kinder aimilar condrt ". 1.2.9 The CONSULTANT following the MY'S approval of the ConsMaction Docurnanis and the latest estimate of probable Construction Cast shall when so directed and aulhortzed by the CITY, assist the CITY In obtaining proposals or negotiated proposals, and essM In preparing contracts for Boyntm Beach Utilities - Ckenerrl Conaulthng Savkc s V.S CLEAN FINAL a] Page 1080 of 1207 Page 1081 of 1207 construction. 1.2.&1 The CONSULTANT shal review and analyze the proposals received by the CITY and shall make a m=nmendation for any award based on the CITY'S Procurement Administrative Podgy Manual. 1.2.8.2 Any Opinion of the Constructkm Cost prepared by CONSULTANT represerrts its judgment as a design p ntwoonsi and Is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market condtticns, CONSULTANT does not guaranty- the accuracy of such opinions as c mpared to conksaw bklx or actual cost to the CITY. If the project It not adverted for proposals within three (3) months after delivery of Final Design Pians. through no fault of the CONSULTANT or 9 ether local market conditions or Industry- vade Pubes have dianged became of unusual or unw*cipated events effecting the general hml of prkas or times of delvay in the construction indu9try, the estabiWaad Constnrdiar Cora limit may be adjusted as determined by the CITY'S Represwddlvie and as approved by the CITY, if necessary. Additionally, W the CITY expands s project scope of work alter the CONSULTANT renders the Firm estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shell not be responsible for any redesign without compensation which shat be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a pint of recommended prospective bidders. 1.2.11.4 The CONSULTANT shell attend all pre-proposeUper-bid conferences. 1.2.8.8 The CONSULTANT shall recommend any addenda, through the CITY'S representative as approprtte, to dadfy, correct, or charge proposal domrnents. 1.2.&S If Pre4Qualfieadon of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing quaCrfcatlone criteria, review qualfications and recommend acoeptance or n*m:tlon of the bidders. 1.2.8.7 If requested, CONSULTANT shat evaluate proposals and bidders, and make recommendations regarding any award bythe CITY. 1.2.9 The CITY serail malts decision an all claims regarding Interpretation orthe Consbudlan DocunrerRs, and on all other mallera relating to the execution and progress of the Work ager receiving a recom irrmMdatim from the CONSULTANT. The CONSULTANT shall check schedules, shop dramngsj and other submissions for the limited purpose of checking conromhance with the concept of the project, and for compliance with the information givers by tit Canstructlon Documents. The CONSULTANT shall also review chmpe orders prepared and submitted by Contractor and review and make reoorrmendations to the City for progress payments to this Conttractor based on each project srdwKhA of values and the 130YOm Brach Utilities - Cm=W Consulting Sovim V.5 CLEAN FINAL C-6 Page 1082 of 1207 Page 1083 of 1207 percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, melhods, techniques, sequences, or procedures, or for the safety precautions and programs in connection Wth the construction of the assigned task order projects. 1.2.9.1 The CITY shall maIntain a record of all change orders which shall be categorized to the various types, causes, atc. that may be determined useful and necessary for Its purpose. 1.2.9.2 If the CONSULTANT Is not the Conshxtbn Manager for the construction. the CRY shah notify the CONSULTANT within three (3) days of the discovery of arty archleckwoengkoering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CRY and the Contractor. 1.2.10 The CONSULTANT shall carefr4 review and Mmmine the Contractor's schedule of values. together with any supporting documentation. The purpose of such review and exernination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elernents of each projectthan Is Indicated by Industry standards, supporting docurne talon, or data. If the schedule of values Is not found to be appropriate, it shah be raWmed to the Cmdractor for revision for suppar M documentation. iffier malting such exernlnMkA when the schedule of values Is found to be appropriate, the CONSULTANT aw sign the schedule of values kukated Informed belief that the stere of values constitute a reasonable, balttrrcmed be sia for payment of the Application for Payment to the contractor. 1.2.11 The CONSULTANT shell perform on-site construction observation of each protect based on the Constriction Documents in accordance with parnraph 1.2.16 'Residerd Project Servioes' of dais Ate. The CONSULTANT'S observation shall determine the progress of the work completed, and ruhctier the work is prooeeding In a manner indicating that the work when fully competed will be In accordance with the Constrim ion Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each eke visit in order to reasonably idonn the CRY of the progress of the pardon of the work completed. The CONSULTANT shad endeavor to Identify for the CITY any defects and detictendes In the work of contractors, and make wrttten recommendation to the CITY where the work falls to conform to the Constraxtlon Documents. The CONSULTANT shall riot have control over or urge of, or responsibl4for the construction means, methods, techniques, sequenoee or procedures. or for safely precautions and programs in convection with the Work, nor shah the CONSULTANT be responsible for the Contractors f &re to perforin the Work In accordance with the requirements of the Contract Docurna ts. The CONSULTANT shalt not have o whbol over or charge of, and shell not be responsible for, ads or tmtissions of the Contractor or of any other persons or abodes perfonnih g portions of the Work. Based on such obserration and the Contractor's Application for BoyMM Beach tlLM=-General ConmAting Services V.3 CLEAN FINAL C4 Page 1084 of 1207 Page 1085 of 1207 Payment, the CONSULTANT shall determine the amount due to the Contrac Wr and shall Issue Cis for Payment In such amount These Certificates will constitute a representation t0 the CITY based on such observations and the date comprising the Appkation for Payment that the work has progressed to the point indicated. By issuing a Certiikate of Payment, the CONSULTANT war also represent to the CITY that to the best of Its tmfomtation and belief, based on what its obswvadw have revBam; the Work Is in accordance with the Construction Documents. The CONSULTANT shag conduct observations to dewm*te the dales of substantial and final completion and issue a recommendation for sinal Parr" 1.2.12 The CONSULTANT shay revise the Construction drawings and subirtit record or corrected drawings to the CITY to show those changes made during the construction process based on the merited tip prints. drawling& and rather data fumishad by the Contractor. The record drawings shag be provided in aleotrork format inclusive of conformed PDF16w and AutoCad files In a form oarnpad1bie with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings an alts bk wnttrly or as otherwise determined based on a specific need established prior to Construction by the CITY. 1.2.14 The CONSULTANT shah review change orders prepared and submitted by the Contractorfor the CITY'S approval. CONSULTANT shah not euthorbm any changes in the wort or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolldon shall be considered complete upon compilsom of a puncltrgst by CONSULTANT, which shag be tirrrely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that d releases of Fens ars saftW and vwillan mcoffamWatlon by CONSULTANT tar final Payment to the Contractor which shad be at the sole discretion of rite CITY. 1.2.113 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will IF authorized by the CITY, provide resident projW observation snrvtces to be performed by one or more authorized employees CResidant Project RepresermWel of tine CONSULTANT. Re&kW Projed RemmritsWas shad proWds extensive obsewation servioes at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY airy defects end deficiencies in the work of the Contradtor(e). Resident project observation services shad include but Is not limited to the following: • Conducting all pre-constnrctton c on%r snces; • Conducting all neoemary cons4ucsion progress meetings; O Observation of lire work in progress to the erdent authorized by the CITY; ¢ laeOW, review coordination and disbursement of strop drawings and other submittals, BGy won Brach Utilities - General Consulting Savim V.S CLEAN FINAL G -T Page 1086 of 1207 Page 1087 of 1207 fi Maintenance and preparation of program reports; Field observation and verification of quantities of equipment and materials installed; tr Verification of contractors' and subcontractors' payrolls and records for comnplianoe with aWcabie contract requirements; 6' MaintenaMe at each pmjed sits on a current basis of all drawings, specifications, conUmts, samples. Permits, and other project related documents, and at the cornpiation of each project, deliver all such records to the CRY; Preparation, update and distribution of a project budget with each project schedule; �A Notification to the CITY immediately If it appears that tdther each project schedule or each project budget will not be met; Schedulkhg and conducting monthly progress meetings at whk;h CITY, 6ngkiser, general oontractor, trade contractor, udiities rWeew*1tKw, suppliers cart jointly discuss such mattes as procedures, program, problems and sdwKkWnp. 4 Recon mending courses of adion, and enforcing acliOn selected by the CITY, if so directed by the CITY, if the general and/or trade cottraet m are not mneeft the requirement of the plans, sperfications, and Cornd:udion Contact ,0 Devefop n d and hVienumtstlon of a system for the preparation, review, and processing of change orders; 4 Maintenance of a dally log of each project= e• Recording the progress of each project, and submission of written monthly progress reports to ft CRY including information on the Contractors' wok and the pen entage of completion; • DetenTilnedon of sutmlandal and final completion of work and preparation of a list of Incomplete and unsatisfactory items, and a schedule of their completion: and 4 Securing and bwarrtft to the CRY, required guarentees; afndevlts; releases: key manuals; record drawings; and maintenance dodos; The Resident Project Rep mentative sMA also investigate and report on comptairhts and unusual occunances lust may affect the responsibility of the CONSULTANT or the CITY In connection with the work. The Resident Pmjed Representative shag be a person acceptable to the CrfY, and fire CITY shall have the right to employ personnel to observe the wok in progress, provided however that such personnel as emp"w by the CRY, and such mel vA be responsible directly to the CITY in the perkmvence of work that world atherwise be a wined and performed by the CONSULTANT. The Resident Project Repreeentafl m shall not have control over or charge of, or responsibilky for the conMructivn means, methods, techniques, oequences or ptceduros, or for safety precwtlorw and programs in connection with the Work, nor shag the Resident Prod Representative be neeponsibie for the Contractor's falfure to perform the Work In accordance with the requirements of On Contract DoanwdL the Resident Project Representative shag not have control over or charge of, and shat[ not be responsible for, aft or om"ons of the Contractor or of any other persons or entities performing portions of the Wank BuyuM Beach Utl lhies - General Cord"NS Swim V.S CLEAN FINAL C-8 Page 1088 of 1207 Page 1089 of 1207 Although CONSULTANT shall not be respons bie for health or safety Program or preceur&m related to Crrrs ac ftid a or those of CITY's ether contractors and cormbrits or their respective subcontractors and vendors ("Contrectoml), CONSULTANT shall nonetheless report to the Resident Project Represecitieve heath and safety conditions or deficiencies observed by CONSULTANT'S empioyeee or representatives. CONSULTANT shall not be rile for CITY a pre -els ft site conditions or the aggravation of those p umde ing elle condldarrs to the Men! not caused by the neglipmae or wiiltul rniswndud of CONSULTANT. CONSULTANT shag not be mWonsm for inspecting, observing, of rbrtaating heath or safely condilions or detidenaes of CITY, Contsadors Or others at project site ('Project Site) other than for CONSULTANT's employees, subconmkarrts and vendors. 1.3 ADDITIONAL SEFMCES 1,3.1 VAw additianal servkea are necessary they shall be specified in the written Task Order. Exoroies of addMond (not exclusive) sawlen are. O Preparation of appiicatlons and eupporft documents for private or govenxrrerttal grants, loans or advances In connection with arty particular project • Services to make measured drawbMs of or tc investigate existing conditions or facifts, or to verity the accuracy of drawings or Other Inkmatim fmished by or to the CITY. 4 Services resulting from significant changes in the general scope, extant err Character of any pardc Lkf Prot or Its design inclWirp bet not limned to, chargee in sirs, Oaittplexity, the CITY'S schedule, dceracter of arnWuction or method of 11mncing, and revising previously accepted studies, rep xb. design doc uirrmis or Construction Contract Documents when such revisions are mored by dranges to Iaws, raise, regulations, ordinances, codes or orders ensoled subsequent to the prsparation of such studies, reports or doctx+rents, or are due to any other muses beyond the CONSULTANTS control. 4� Providing renderings or models for the C11YE E use. +� Preparing doarnwrdafor eiferna to Proposals requested by the CITY for work that is not executed for documents for out of-aequer ce work. 4 InVestigatlons and atudles imtokft but not Imited to, detailed cmaldaratlons Of operatiorre, maintenance and overhead expenses;. providing value efgineering during e w course or design; the pmPOWM Of feeaibifity studies; cmM flow and eoonomle evakustions, rate srlvkkdes and apprakels; e$aistance In obtaining fkrandrg for a Pojecl; eve6atirg proceamm available for licensing and assisting the CITY In obtaining pocess kwaing; detailed quantky surveys at material, equipment and labor. and audits or Inventories regaled in connection wilh corstrudiorr performed by the CITY. 0 Assistance in connection vrlth Pnoposeuproposal p►pbwa, re�wdding or "agotialing contrails for construction, materials, equoment or services. Unless the need for rich assistance is nmwabty determined by the CITY to be caused by the CONSULTANT (e.g. ddbWn plans Baynton witch Utilities - GewW Co=ldno Services V.S CLEAN FINAL Page 1090 of 1207 Page 1091 of 1207 and/or spedllcatians which inhibit contractors from submitting proposals) In which event there shed be no addiGorral cost for the provision of such service 0 Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative p►g• 4 Additional services In connection with a "ect not otherwise provided in this Agreenwnt # Services in connection with a project not cerise provided for in this Agreement. 4 Services In connection with a field aver or change older requested by the CITY. 4 Providing artwork. models, or renderings as requested by the CITY. 1.3.2 Men required by the Construction Cont W doalmerds In circumstances beyond ft CONSULTANT'S control, and upon the GTY'S authorization, k will furnish the following additional services. e• Services in connec Wn with work changes rued by unforeseen conditions encountered durirtq construction. O Services after the award of cech contract in evatusting and determining the acceptalaft of an unreasonable or eooes W number of claims subnalted by Contractor, except to the extant such claims we caused by the errors or amissions of the CONSULTANT. f Additional or extended services during crorwtruction made necessary by 1) work damaged by nue or other cause during construction, 2) e significent arnourrt of defective or napllgent work of any contractor, 3) acceleration afthe progress schedule kWvkg servioea beyond normal working hours, or 4) defauk by any eonhactor; provided however. If a fine occurs as a direct result of errors or ornisalons In the design by the CONSULTANT or If the CONSULTANT fails to notify the Contractor of the defidenl quatlry of theirwoftnans* pursuant to CONSULTANT'S dullees as described in Itis Contract Docurnoft the CONSULTANTS additional services 9W be deemed part of Basic Services and compensated as such. 4 Services In connection %M any partial utilization of any part of a project by the CITY prior to Subs Urtiai Completion. C� Services to evaluirle On propriety of subs f tutions or design alternates proposed by the Conbitctor and irivoNkg meCrods of mon, materials, at major project components either during bidding and/or Negotiation services or Constrixtion Confrad award. The cast of such services shall be borne by the Corrha dor, and this requitement efcall be Included In the construction co rtrad. F Services In making revisions to drawings and specifications occasioned by the mance of substitutions proposed by the Contractor. unk= such subedutions are due to a design error by the CONSULTANT In which case such services shall be deemed Basic Services. Exoept whan caused by a destgn error by the CONSULTANT, the oost of w -ch services shall be bome by fie Contractor, and this rsqulrerrrerrt OW be included In the constnlction contract. Boynton Beech Utilities - General Consuldeg Services V.5 CLEAN FINAL C: -fa Page 1092 of 1207 Page 1093 of 1207 1.4 CITY'S RESPON31BIUTIES 1.4.1 The CITY shall do the f0110 Wing in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate In writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) abd have complete authorky to tmnsfrrit instructions and receive kdorrrtation with respect to the CONSULTANTS services for a particular project. The CITY may have muklple CITY Representadve(s) or project rn& apena wing the performance of this AGREEMENT based on the specific task orderskmIten task orders from each ofthe Scope Cat wins. 1.4.1.2 Provide ell criteria and fwU infbnnalion as to the CITY'S regWrements for the Project, Incdedfng design objectives and cormtraiits, space, capacity and performance requirements, fterdtaiity and eupandabMV, and any budgetary limibftw. 1.4.1.9 As" the CONSULTANT by pro Whg of the CONSULTANTS request d wallabie Information pertkrent to the Project including previous reports and any o1hw data relative to design or castruction of time project. 1.4.1.4 Fumish to the CONSULTANT, If requhed for the performance of CONSULTANTS services (except where okme rwise Arrniahed by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by. or services of others, including without linidwkm borings, probings and subsurface explorations, hydrographic surveys, laboratory Uwts and Inspection of samples, materials and equipment: 1.4.1.13 Appropriate profeestor W interpreati m of all of the foregoing; 1.4.1.7 F_rMmnmentai assessment and Impact steternents; 1.4.1.8 Property, boundary. asseement, rig" -way, topographic and ublily surveys; 1.4.1.8 Property descriptions; 1.4.1.10 Zoning, deed and ampler land use restrictions; 1.4.1.11 Approval and permits required in the CTTY'S jurisdiction and those from outside agencies unkm such approvals and purnh are the responsibility of the CONSULTANT, and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CWS property as remgWred far the CONSULTANT to perform services under this AgresmenL 1.4.1.13 Consistent with the professional standard of care arrd unloaa offWAdse spedfically provided herein, CONSULTANT shad be enftd to rely upon the accuracy of data and inforrnatlon provided by the CITY or others w*wut independent review or evaluations. Boynton Reach Udifties - Genwar Consulting Sarvica V.S CLEAN FINAL C-11 Page 1094 of 1207 Page 1095 of 1207 F ! 3 1.5.1 Following recta of any task order/w can task order, the CONSULTANT SW submit to the CITY, at least No (5) days prior to actual comment of services, a schedule of services and expenses for approval by the CITY before any sarvi*s commence, The CITY reserves the rigid to make changes to the sequence as neoessary to FacAiFate the services or to minimize any conflict with operations. 1.5.2 Task orders will be Issued to the CONSULTANT kr the order in which the CITY wishes, and shall be performed and completed in the order they we issued, unless otherwise speadfn* permuted by the CITY. h4hor adjustments to the timetable far completion approved by the CITY In advance, in wiWV. shad not constitute non-perfomIence by CONSULTANT pursuant to this Agreement 1.5.3 Proposals reeelred by CONSULTANT as a result of task orderAwkten task order that exceeds Sa,DW in Cost will require approval from CITY Commission before executicn of serviam In accordance +ugh the CITY'S Procurement Administrative Policy. 1.5A When the CITY issues task orders to the CONSULTANT, each authorization shah contain a stated completion schedule. K caused by the negligent errors or omis*m of CONSULTANT,faflwe of the CONSULTANT to meet Me stated edwdula shag constitute a default for which payment for servioes may be withheld until defauk is tuned. Time extensions w!N be reviewed upon request for extenuating circumstances. 1.5.5 K is anticipated and intended that the CONSULTANT will be authorized to begin now leak orders an a "rotting" basis, an sorne skeedy assigned taste orders roar timelycompletion. tf a subsequent Task Order is Issued to the CONSULTANT before It has completed the current task order, the compiedon date for each Tads Order will remain independent of each other so that the CONSULTANT wig prfofte the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to owWkfa the "older" task orders In a timely manner, may advemely impact upon continued earty a rt orizadon to start a subsequent work. 1.5.8 When the CONSULTANT has exceeded the sded Completion date includkV any edansicn for extenuating circumstances which may have boon granted, a written notice of Default wM be issued wkW eevan (7) days of Lite datethat the debut became active with a requirement of seven p1 days to care said defaut to the CONSULTANT and payment for services rendered ahak be withheld urill such time that the CITY has determined tient detautt has been oared. 1.5.7 Should the CONSULTANT exceed the assigned completion time, Ute CITY reserves the right not to ham to the CONSULTANT arty father task orders until such time as it Is no longer in dsfauk, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completlon t3oyetw 13=6 Utfta - Genani Consuhing Services V.S CLLAN FINAL C-12 Page 1096 of 1207 Page 1097 of 1207 have been addressed and aro not likely to be rested In subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being Issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, crtb any compensation associated with these non -issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of often (15) conse uOve calendar dates beyond the time frame provided in paragraph 1.5.6 tate CITY may at its sole option retain anothw CONSULTANT to Perform any work arising out of this Agreement andfor termbiate this Agrearnent. 1.6 DEFINITION OF DSFAULT 1.8.1. An event of de% dt shall mean a material breach of tltis Agreement Wfthcut OmUV the generality of the foregoing and in addition to Urose Instances referred to as a material breach, an event of defauft shall Inckpde the folowing: O CONSULTANT has not perWmad servlcea on a timely basis due to CONSULTANT'S negligent errors or omissions; O CONSULTANT has refused or faiied to supply enough properly skilled personnel; 4 CONSULTANT has Paged to make prompt pay"wft to SUB - CONSULTANTS or suppiara for any services after recehring payment Pram the CITY for such services or supplies; O CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; O CONSULTANT hes refused or fa* d to provide the services as defined In ttds Agreement; 49 CONSULTANT has filed bankruptcy or any other such Insolvency proceedkrp and the same Is not disdtsrged within ninety (60) days of such date. O CITY has failed in make paymeeb to CONSLILTANT in accordance with the "Irernerrin of this Agreement 1.e.2 In the event Of Default, the CONSULTANT shalt be pahle for ak damages rer&ng from the Dafauk incktdirtg: The Memos between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANTS work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not axneed the CONSULTANT'S rates. This amount chair also include procurement and administrative coats kwuned by the CITY. In the event of defoull by the City. CONSULTANT may suspend the Work pending receipt of such paymarri Bonn beach Mikks . General Consulting Services V.$ CLEAN FINAL C-1] Page 1098 of 1207 1.6.3. The CITY may take advantage of each and every remedy spectfXcally existing at law or in equity. Each and every remedy shag be In addition to every other remedy ohm or otherwise existing, and may be exercised from time to time and as often and In such order as may be deemed expedient by the CITY. The exercise or the beginning of the exwdse of one remedy shall not be deerried to be a waiver crf the right to exercise any other remedy. The CITY'S rights and remedies as set forth In this Agreement are not exclusive and are in addition to any ocher rights and remedies available to the CITY in law or in equity. ARTICLE 2 -TERM 2.1 The initial Car&act period shall be for an Initial Wm (2) years, commencing at the execution of the contrail, and the City reserves the right to unilaterally renew the conn cd for three (3) additional one (1) year pertods under the same terra, conditions. The CONSULTANT understands and admmv edges that fhe Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantge of future wwork teeing given bo the CONSULTANT. 2.2 In the evert that services are scheduled to end either by contrad woratiar or by termination by the CITY (at the CITY'S discretion, the CONSULTANT snail continue the services. If requested by the Cliff, or until teak or tasks Ware completed. At no time shag this transitior►sl period extend more than one -hundred and eighty (180) calender days beyond the expiration date of the existing contract The CONSULTANT will be reimbursed for f}ds service at the rate in effect when this transitional period clause was invoked by the CITY. 3.1 Work Linder this Contract shag commerm upon the giving of wrilien notice by the CITY to the CONSULTANT by way of an executed task order and resultant taste order. CONSULTANT shag pedomt d services and provide of work product required pursuant to this Contact and the speck task order by the Sequence of Events. or unless an extension of time is granted In wri&N by ft CITY. ARTICLE 4 - 4.1 The CONSULTANT shag he paid by the CITY for wVleted work and for services rendered under this agreement as fdiows: Payment for the work provided by CONSULTANT shag be made In accordance with the Fee Schedule as provided In Exhibit "A ettachad hereto. Payment as provided in this Sectbn shalt be fug compensation forwork performed, services rendered and for all materials, suppiiea, equlpmem and Incidentals nexessary to carnplate the work. Compensation for sub -CONSULTANTS will be negotiated based on each task order. Compensation will be thrtagh a direct mark-up in Saywm Beech Utilities- General Cnns0ing Services VZ CLEAN FINAL Gi4 Page 1100 of 1207 aowrdance w>Yh the Schedule of Professional Fees attached hereto. Sub -mm" services shalt be approved by the CITY'S repreaenia"" prior to Prance of the suis -consulting work. Consutlrng time for processing and management of the sub. CONSULTANT shalt not be Included In direct costa as the direct mark- up is appied fior management efforts. + The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such VGUOwrs will be verified by the CITY, and upon approve! thereof, payment Will be made to the CONSULTANT in the arrraunt approved. 4 in certain cases whom Incremental bites for partially completed Work Is pemhtted by the C[TY'S raprewdatva, the total Incremental bangs dwll not exceed this pementage of estimated completion of Identifiable delverables or accepted deliverables as of the bMng date. Computation of Time Charges/NDMOEuoeed Method of Payment; When a service Is to be compensated based on time chargeMot-to- exceed method. the CONSULTANT shall subunit a ndAaexteed proposal to the Cn Y S representative for prior approval bhtserd an estirnathd kdhor hours and haft rates which shag not exceed ft esteWished hourly rates as per the Schedule of Professional Fees attached hereto, plus Bub -CONSULTANT services and other,eFatsd costs aupporttg the proposed work. The CIN shall not be obligated to reknburse the CONSULTANT forcosts incurred in excess of the total not�o exceed cost amount. Final payment of any balance due the CONSULTANT of the total contract price eared will be make promptly upon its ascertainment and vedficeton by the CITY after the completion of the wok under this Agraement end its acceptance by the CIN, which shay ocarr no later titian 30 days following recaipt of the Invoice. tai : In order for both parties herein to dose their books and recants, the CONSULTANT wit dearly state MW Irrnaics' on the CONSULTANT'S finaftst bilgng to the CITY. The *41 invoke ce<tfies that at services have been properly performed and all chwM and toss have bean Invoiced to the CITY. Strike this account will thereupon be dosed, and any other further charges if not property Included on this invoice are considered watered by the CONSULTANT. The Wet of all services as &fated herein shell remain fixed and firm for the initial two (2) year period of the corbua Costs for %bsequent years and any extensk n terms :frog be akthjakx to an adjustment only V Increases hhcxx in the Industry. Ffarrnreneer, unless very unusual and significant changes have occurred In the Industry, sud h increases shag not exceed 5°% per year, or whichever Is less, the latest yearly peroerttage Increase In the AN Urban Consumers Price Index (CPl-tJ) (Nafonaq as published by the Bureau of Labor Smpstim, U.S. Boyot m Beach Udlhtcs - General ComkinS Services V.7 CLEAN FINAL C -'f 6 k.reP PYPoV Yf�Nf� Page 1102 of 1207 Department Labor. The yearly increase, or decrease In the CPI shall be the latest index published and available ninety (90) days priorto the and of the rmntract year then in effect, cornpared to the index for the same month one (1) year prim Any requested cost increase shall be fully documented and submitted to the CRY at least sixty (60) days prior to the contrast anniversary date. Any approved cast adjustments shell become effective upon the anniversary dam of the cw*aat. In the event the CPt or industry costs decAns, the CRY shall have the right to remlwe from the CONSULTANT, a reasonable reduciian in coats that reflect such changes In the industry. *� The CRY may atter examination, muse to accept the adjuslad costa if they are not properly documented, from are considered to be excessim or decxessas are considered to be Insull'rclent in the ever* the CITY does not wish to accept the adjusted casts and lite matter cannot be moolved to the satisfaction of the CRY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to to CONST ILTANT •mil: �:.=,.L' :,1 t. • � • . �. illi 5.1 Upon completion of the project and fatal payment to CONSULTANT, all documents, drawings, specifications and other maters produced by the CONSULTANT In connection with the services rendered under this Contract the documents shall be the property of the CITY whadw the Project for which they are made is executed or not Notw iftdaridng the toregotng. the CONSULTANT shall maintain the rights to rem standard Mello and other design features an other projects. The CONSULTANT shall be permitted to retain oopies, including reproducible copies, of drawitge and specifications for itfomtation, referarrce and use in connection with CONSULTANT'S endeavors. Any use of tate documents for purposes other than as originally intended by this Contract, without the written concent of CONSULTANT, shall be at the CITY'S sole risk and wMwut bbft to CONSULTANT and CONSULTANT'S sub -CONSULTANTS. ARTICLE 6 - FUNDM 6.1 This C *act shall remain in 0A, force and effect only as lung as the expandrtures provided In the Contract have beers appropriated by tate City Commealon of Boynton Beads in the annual budget for each mai year of this Contract, and is subject to terminaftn !rased on lade of funding. 7.1 CONSULTANT represents arldwwmnts to the CITY that it as Wrnpetantto engage in the scope of services contemplated under this Contract and that it WW retWn and assign quaflfied profeasbnals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care far professional engineering and related services equal to the standard of cue for Boymme Finch Udtirim - General Cmwidng SaWoes V.5 CLEAN FINAL C -f6 Page 1104 of 1207 Pft"Qm anal practicing under sirdar conditions. in submitting its response to the RFQ, CONSULTANT has represented to CfFY that certain individuals empbyad by CONSULTANT shall provide services to CITY pursuant to this Cor>;ract. CITY has relied upon such repmaenlations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, WVch consent shall not be urueesonably withheld. L•!:�1.�3z�t�F•;., K . _, � .ire. __, a.i_ 8.1 CONSULTANT shelf, In performing the services contemplated by this service Comfiest, faithfully observe and comply with all federal, state and local laws, odlnanes and regulatioristhat are applicable to the services to be rendered under this Contract, shall review and comply wide laws, reguwkwa, codes and standards In effect as of the date of this agreement Issas are applicable to CONSULTANT'S services and shelf exercise professional care and judgment to comply with requirements Imposed by governmental sulharkies hmft jurisdiction amici the project. Should changes In any law, ordinance, or regulation result in increased costs or delays to servlres rendered, Moth parties agree to an equitable sclua[rment to sd*drties and priooes. ARTICLE 9 - INUMNEIMON 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall Indemnify, and hold harmless the CITY, its u>ff=S, agents and employees, from and agak* any and all losses, or any portion thereof, including reasonable attorneys' fees and coats, arising harry injury or death toperec►rrs, Including injuries, sickness, disease or death to CONSULTANTS own emftees, or damage to property to the exterut caged by negggertcxe, reddesaness, or intentirnraty wrongful conduct of CONSULTANT or other persona employed or utilized by CONSULTANT In performance of COfNSULTAf rS duties: Neither party to fits Contract shaft be We for any special, Incidental. itdfrect or consequential damages of any kind. including but ooh finitad to lost profits or use that my result from this Contract or cert of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.08, Florida Statutes, CONSULTANT'S Indsmnlfication obligation (when p wding services to CITY) shall not exceed the value of CONSULTANT's told compensation. Such obligation shall not be construed to negate, abridge or othervrfae reduce other rights or obiigatioris of indemnity which would otherwise welet as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Bwabw Beach Udiitla - General consurung Services v.5 CLEAN FINAL C-17 Page 1106 of 1207 ARTICLE 10- 10.1 During the performance of the services under this Contract, CONSULTANT Shap maintain the following insurance polides, end provide certificates of insurance evidencing such averages end Inuits, and shall be written by an insurance company authorized to do business in Florida 10,1,1 tillarkeu's Campensaacn Insurance; The CONSULTANT Shap procure and maks Wn for the tie of this Contract, WorRar's Comparmb n Insurance avWft all employees with 110ft meeting all app#cal* state and federal laws. CONSULTANT shall Include the Worker's Companuurfon and Emplayer's Liability Insurance requimmerds in its m 6corrtractS This average chap include Employer's Liability with •molts meeting ad apppcable state and faders! laws, This coverage must extend to any sub- CONSMTAN T that does not have their own Worker's Compensation and Employer's Liability Insumnce, unless not required by statute The policy must ordain a wa?6w of subrogation in favor of the Cri Y of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT chap procure and maintain for the We of this Contract, Comprehensive General Lia AW Insurance. This coverage shag be on an 'Occurrence` basis. Coverage abd Include Premises and Operations, Independent Contractors, Products Comp16W Operetmns and Contractual LFebWtY with specift reference of Amide 9, "Indertss3lication• of this Contract This popsy shall provide average for death, personal injury or property damape that suld arise directly or Indirectly from CONSULTANT'S negligent pwfomr+ernce of the Agreemerk CONTRACTOR shag mairdain a mtinirnum coverage of $1,000,000 per oocaurrence and $1.0W.000 aggregate Por personal Injury/ and i11,000.000 per ocaumsncdaggregate for property damage. The general p Eft insurance shat inckide the CITY as an additional insured and Shap Indude a provision proibifing cancellation of the policy upon thM (31)j days prior written notice to the CITY, except for cancellation dine to non-paymrent of premium. 10.1.3 Business Automobile Liability: The CONSULTANT Shat) prooune and maintain, for the life of Oft Contract, Business Automobile Uabipty Insurance. The CONSULTANT shat maintain a $1,000,000 cornbined single firnit for bodily injury and property damage lW thty to MW the CONSULTANT from claims for dwnage for bodily and personal injury, including death, as wel as from dims for property damage, which may ensu fart the ownerahlp, uee of maintenance of owned and non -owned autoroobie, Wuded reused autwnobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1A Professional Uabiply (Errors and Orrnisalans) Insurance: The CONSULTANT shat procure and maintain for the iHe of this Contract in the minimum amount of $1,000,000 per dalWapgragate. Boyoron Beach n diftles - Gan at Consukinj Servic a V.S CLEAN FINAL C-18 Page 1108 of 1207 10.2 It MGM be U* responsibility of the CONSULTANT to ensure that ail sub. CONSULTANTS comply with the same Insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional 112IM4 Insurance oavwsge or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage dilferant from the amounts or kind previously requ red and stall afford written notice of such charge In mquirenients thirly (30) days prior to the date on Witch the requirements shall take elfisct. Should the CONSULTANT fall or refuse to satisfy the requirement of changed oc wap within the thirty (30) days following the CITY'S written notice, the cITY, at ks sole option, may terminate the Contract upon written notice to the CONSULTANT, said terrnination taking effect on the date that the required change In policy coverage would otherwise take affect. 10.4 CONSULTANT areal!, for a period of two (2) year; following the termination of the Agreement, maintain a "tall coverage, in an amocmt equal to that described above # coverage is not otherwise renewed for Comprehenslve Liability Insurance on a claims -made poky only. 11.1 The CONSULTANT andthe CITY agreethatthe CONSULTANT is an independent CONSULTANT with rasped to the wwieea provided pursuant to this Contract. Nothing In this Contrail strap be considered to create the relationship of employer and employee between the parties hereto. Nekher CONSULTANT nor any employee of CONSULTANT shall be wMled to any beneTits accorded CITY employees by virtue of the amvices provided under this Contrail. The CITY shall not be responsible for withholding or otirerwhie deducting federal inome tax or social security or for contrAKOV to the state Industrial insurance program, otherwise assuming the ducts of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges all understands that, as an independent CONSULTANT prususM to this Agreement, CONSULTANT shah comply with Chapter 119. Florida tomes, as amended (P Ic lam). CONSULTANTS obfigution includes, but Is not limited to CONSULTANTS obligation to preserve public records and make public records available to third parties In addition to the CITY. w7 1 i - .l t w• lEl �. �l� .- 12.1 The CONSULTANT wanants that he has not employed or retained any company or person, other #= a bonafide employee working solely for the CONSULTANT, to solicit or secure ft Contract, and that he has not paid or agreed to pay any company or person, other than a bonsfide employee working ad* for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts. or any cw other consideration r�ent upon or resulting from the sward or making of this Contract. For breach or violation of tiffs warranty, the CITY shall have the right to annul this Contrail without liability or, in its discretion to deduct tram the contrail BoY*M Basch Wilkin - Genml Crm idog Servicer VS CLEAN FINAL C-19 Page 1110 of 1207 price or consideration, or *#wwfse recover, the full amount of such fee, commission. percentage, brokerage fee, gift, or eontinga t fee. 13.1 Execution of thio Contract by the CONSULTANT gW act as the eiaB j0Dn of a trutl4n4wgO adon cwWca a certifying that the wage rates and costa used to determine the compensetton provided for in this Contract is a=rcte, cornplete, and current as of the date of the Contract. 13.2 The said rates and cost shah be adjusted to exclude any significant sums should the CITY determine that the rates and oosts were used due to Inaccurate, incomplete, or norHurrant wage rates or due to Inaccurate represanfftm of fees paid to outside CONSULTANTS. The City shah exendse Its rights under this `Certificate" wdM one (1) year following paymerrt. ARTICLE 14 - 14.1 The CITY reserves the right to accept the use of a SUB -CONSULTANT orto reject Ow selection of a particular sub -CONSULTANT and to inspect all fadfities of any SUB -CONSULTANTS In order to make e date rnnatian as to the capability of the SUB -CONSULTANT tri perform props* ander ft contract. The CONSULTANT Is enoocraged ro seek local vendors for participation In subcontracting opportunities. If the CONSULTANT it envy sub CONSULTANTS on this pmject tine folowing provisions of this Article shag apply: 14.2 If a SUB -CONSULTANT falls to perforin or make progress, as requhW by this Contract, and it Is neoeseary to replace the SUB -CONSULTANT to corriplete the work In a timely fashion. the CONSULTANT shah prwnp* do so, satrjeet to acceptance of the new SUB -CONSULTANT by Hue CITY. The sub rft tion of a subcontractor sfiall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, Its SUB -CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and It's agreement with the SUB -CONSULTANT for work to be pefanned for the City the CONSULTANT must incorporate the temts of this contrail. ARTICLE 1ti - 15.1 The CONSULTANT, wih regard tot* work perfanned by h under this Contract will not dWxirrtinate on the grounds of race, color, national origin, re%lon. creed, am sex or the preswm of any phYsIcW or sensory handicap In the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSI(-N,,,,T 16.1 The CONSULTANT shalt not sublet or assign any of the services wAwW by this Contract vrtthout the express written consent of the CITY. Boynton Beach Utilities - General Consulting Services V.S CLEAN FINAL C -A Page 1112 of 1207 r i 1 i lam 17.1 A waiver by either C" or CONSULTANT of any breach of this Contract shah not be birxfing upon the walvtrng party uniess such waiver is in writing. in the event of a written waiver, such a waiver shall not affect the waiving parlyrs rVft with respect to any other or further breach. The matin or acoeptarm of a payment by et w party with knowiedge of the existence of a default or titch shall not Operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18 — TOMATUM 18.1 r ConmWm.• This Contract may be terminated by the CITY for carmvermlence, upon ten (10) days of written notice by the tertninatthg party to the other party for such torrnbnM= in which avant the CONSULTANT Mmi be paid its c:ompensatlon for services perfwrwd to termination date, including services reasonably rebated to temminsatbon. In the event that the CONSULTANT abandons the Contract or causes it i o be tarnrnatt d, CONSULTANT shag bndwnrlyy the CiTY ageinat ties pertakft to this wm m wm. 18.2 Termination for MA In adMon to ag other remedies avagable to the CfT7, @ds Contract sttai be subject to cancellation by the CITY for cause. shouid the CONSULTANT neglect or fart to perform or observe any of the material terms, provisions, conditions, or regtuirenwnta herein contained, if such neglect or falture continue fof a period Of thirty (30) days after receipt by CONSULTANT of wrmen notice of such neglect or failure. In the event of ran -payment of shier materiel bread of this Contract by CITY, the Contract is subject to canesllaticn by CONSULTANT should such condition continue for a period of thirty (34) days alter receipt by CITY of written notice of breach. ARTICLE 19 — DISPUTES AND VE1wfl1E 113,1 Any dispute wWm out of the terms or conditions of this Cartract shat be adjudicated within the courts of Florida. Further, this Contract dW be construed under Florida Law. Claims, disputes or other matters in question the parties to this Contract arising out of or reh&V to this Contract Shat be In a court of law. The CITY does not crosent to mediation or srbibaatlon for any metier eommted to this Conhack The parties agree that any action arfsng out of this Contract shat hairs place In Palm iteaeh County, Florida. 20.1 Nel icer the CITY nor CONSULTANT shag be considered to be In default of this Contract It delays In or failure of performance shall be Clue b Unconimlable Forces, the effect of vvtft. by the exercise of masonabie digence, the non - perk ming party could not avoid. The term 'Unoorttra9able Forces' shall mmn any event which resub in the preventlon or delay of performance by a party of iia obigedane under this Contract and which Is beyond the reasonable control of the ran -performing party. It Incomes, but is not lirrlted to fire, flood, earthquatces, scorns, frghtning, epidemic, war, riot, civil disturbance, ssbotage, and Qayaaon Bush Utilities - General Cormbing Servicers VS CLEAN FINAL C-21 Page 1114 of 1207 g0vammental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, howeever, be excused from performance if norHMfarmance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasombie diligence, p wwted, removed, or remedied with reasonable dispatch. The non-perforrnig party shag, within a reasonable time of bft prevented or delayed from performance by an uncontrollabfa fence, ow wstlten notice to the otter party describing the droutnabances and uncontrollable forces preverrong continued performance of the obligations of this Caroad, 21.1 CITY shell furnish CONSULTANT available studies, reports and atirer data pertinerd to CONSULTANTS services, obtain or authorize CONSULTANT to obtain or provide additional reports and dam as required; fun*h to CONSULTANT services of others required for the perfomtarrce of CONSULTANTS services hereunder, and CONSULTANT shall be elntltied to use and rely upon all such information and services provided by CITY or others In performing CONSULTANT'S services under this Agrea nenL ARTICLE 22 —)SATES AND PROJECTIONS 22.1 In providing opidons of cost, finanoW analyses, econowk feasibility projections, and !schedules for potential projects, CONSULTANT has no control over cosi or price of labor and material; unknown or Latent conditions of existing eWprwg or stnlctures that may d7lect operation and maintenance costs; competitive bldding procedures and market cor dAiorss; tune or quality of performance of third parties; quality, type, management, or direction of operating personnel; and QVw co enomic and operational factors that may materially aft the ultimata project cost or schedule. Therefore, CONSULTANT nmakee no warranty that CTIY'S muw project coats, fnanciat aspens, economic feseslitift, or soheduks wilt not very from CONSULTANTS opinions. analyses, projections, or estimate& ARTICLE 23 — THRID PARTIES 23.1 The services to be performed by CONSULTANT are Intended solely forthe benefit of CITY. No person or w tHy not a signatory to this Agreemerrt strati be endded to rely an CONSULTANTS performance of ifs services hereunder, and no fight to assert a balm agatnet CONSULTANT by assignment of indemnity rV is or otherwise shall accrue to a third party as a resat of this Agreemerd or the performance of CONSULTANTS services hweunder. Boyw- Beach Utilities - Genual Consulting Services V.5 CLEAN FINAL C-22 Page 1116 of 1207 24.1 All notices required In this Contract shall be sent to the CITY and shell be matted to: of t3oy rwton Beach [ ..oto Atilt ltiifes Drredar ih of rretrrt Beach 124E Wa�� Road ., ...�.13"a',- Atte 8b°tar„beach Fl. 33435 10 tl r ren Beach FL 33425 And Nattces to CONSULTANT, she}! be sent to the bporring address: it tilt /Lrrito Inc StevesitN. Knt M 100 NE 6 Street Su102 _. �ftn!ps Uri- a I �L1r 25.1 This Contract, together with the RFQflWP and any addenda and/or attachrnanffi, repressi is Otte ento and integrated agreement bstween the CITY and the CONSULTANT and supersedes all prior negotiations, repmmnhdions, or agreements written or oral. This Contract may be amended only by written it ommerd signed by both CITY and CONSULTANT. 25.2 In the sveM of a corOctbetween a provision of iris Agreement and a provision of an individual Task Amer, the provision of the Trite Order will control. 28.1 CRY Is a political srbdMWon of rte State of Florida and enjoys sovereign immunity. NotttlrtQ in the Agre mart is intended, nor sites be conshad or Interpreted. to wrahre or modify the irnmunities end Imkatioos on Wbildy provided for in Section 788.28. Fiends Stattite, as may be emended frau time td time, or any attccessor etad►ts thereof. To tate contrary, all tatms and provisions cw ta6ted in tie Contract, or any disagrsearent or depute commning it, strati be construed or resolved so as to Insure CRY of the Imitation from Batt ty provided to any successor WAU to theroof. To the contrary, all tarns and pnWislon contained in Ow Contract, or any diaagreernent or dispute concerning It, sites be construed or reaolvad so as to insure CITY of the Ilttr'tstion from lability provided to the State's rsubdi 4sions by state tow. 28.2 In connection with any Itigation or other proceed'mg afting out of the Contract, the prevailing parry shall be amidst to recover its own coats and attomey fags through and including any appeals and any post judgment pnmxmx %o, CRY'S fi 11y for (oats and art rale fees, howvw, attar not altar or waive CITY S wMament to Boyam Bead, utilities - Geeerar Consorting Services U CLEAN FINAL Cmc] Page 1118 of 1207 souerei in immunity, or extend CRY'S liability beyond the Imibs established in vedinn 788.29, Florida Statutes, as amended. 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records taw. Specifically. the Contraetor shall. A, Keep and maintain public records required by the CITY to perform the service. a. Upon request from the CITY'S custodian of public records. provide dee 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 requiremerds are not disclosed except as audxh*W by law for the duration of dee contract term and, following completion of the contract, Contractor shall destroy all copies of such confideutW and exempt records remaining in its possession once dee Contractor transfers the rccords In its possession to the CITY: and D. Upon completion of the contract Contractor shall transfer to the CRY. at no costto the CITY, all public records in Contractor's possession All records stored electronically by Contractor trust be provided to the CITY, upon request from the CRY'S custodian of public records, in a format that is compatible with the information technology systems of the cRY. R. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUS'T'ODIAN OF PUBLIC RECORDS: (CITY CLERIC) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33423 561-742.6461. PYLPABBFL.US Itayaroa Bead, Urilaics - cue CmsWtIng Services V.1 CLEAN Pn@AL C-24 Page 1120 of 1207 Articic 29 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREF. TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENT'S. AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS. SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIESJ. SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITIIOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD is Rini mlwn Av LAW. IN WITNESS WFII REOF, the parries hereto have executed thio Contract in multiple copies, each of which shall be considemsd an original on the following dates: DATED this -1) day of __A' 9 A .m. 20 t CITY OF BOYNTON BEACH ., Ctl 4na AttestIAuthentimted: [,> 1rr -- Tide A City' .......................�. , AttesUAuthenticeted: Boymon Sewh Utilities - General Consaiting Suviees V.5 CLEAN FINAL a�- Page 1122 of 1207 Boyawn seen udlities-Gmml Conning Scivkts V.S aZAN FINAL c-2rp Page 1124 of 1207 EXHIBIT "B" City of Boynton Reach Risk Management Department INSURANCE AD' ASORY FORM Ueda " w= OW conalleft of9l CMMO.% tcom and weemcmi% dw CO requirm appropiaw covenism 11a4 the C-hy of Harron Beach as A*lhlonall insured. This Is done by providing a Urtificdc of bmmaw listing de City ='Cad&KC HOW" ad 'The Ck% of Boynkm Bc&A is Additional kwared as m6pm to coverages oomv Ins n= cgraponks providing lowrance mverqft a= have 0 WOMIL rating by A.M. Baal Co. of -&'-- or hWw. (half.' .4N kawime &www or 4bblAw um be The fWWmiMzsEst *rVpesof* ' "O=rc required of wriunda%Jewecs, ere. and the limits repired by due City, (Nwm: slurs lis lssot all bw4idmsad the Cly reserver the riot to raWry adilk)ainal types of hwisroser, at to nda err kwerthe siawd lie" bawd apow "llfied rick) IM General 11"ity. Com merrial General UaWlity. owom & corawtoes Frottw-m tocpi UqUOF Whift PmfeWtunwi Liability Employees & DIVIccrs Pallatim Liability AA== Absuemcm ]Amd Absternma Broad Fam Void= Promises Opersdons umderSraund Explos)m & ww" Products Completed Operation; coftuam-, bdqxmd&d Contractors Broad For- JIMPOM ba -w Fire Legal 1 -why Gamest A $ 1.000MO0 ProdOd&-C-qMq Am 5 JAM=" Pcniorwl A Adv. injury $ JADOM.00 Each 090arrom s 1.000.000POO FimDwnw{am ate Ste) S 50.000.00 Mcd. Eqww (any one person) $ 5.000.06 Automobile 11"fily Combined Simile UuOt 5 SM".QD Any Ato Bodily bjury W person) m bC detentuined All Dwncd Auk* Bowily, Wury (per accident) IQ be debmwned Sftduled Autos Noperly bodw to be determined flircdAuws Trxilcrlatetdtmqv s SOM.00 NoroOmed Autos Pip BRFk InbmroodW cww tbwky Auto Only, Each Awideut s 1.0%).09D.00 ANY Auto QUw Than Aim 0* S 100".00 Gw*e Keepers LiaNk Each Accident S l"000.06 Agpnudc Exem Lkbn4 . . . ....... _Each OCCUTMenm so be determined . Umbrella Farm Awvi*e tobedetermined WO&U-scoarpmsadon &Ugory Limits Employer's Liability Finh Aadd= I IUDJM.00 VISCLW Poky Lick s solkMAG Disc= Exch Ernployee 5 100.DWAO . . . . . .............. ..... property . ..... .... . . . . . ............... Hoomowncri Revocable permit Balldee% Risk Odiw- AzRisk kWndfiW to be determ1W Boynton Beach Utilities - Gcwd Comuwrkg services V.S CLEAN FINAL C-27 Page 1126 of 1207 EXHIBIT "C" PERFORMANCE EVALUATIONFORM CONSULTING ENGINEERS Boyemn Beach UtllWes - Genual ComaWng Service V.3 CLEAN FINAL Page 1128 of 1207 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGWENGINEEItING SERVICES AND PRELMINARY BID DOCtMENT PREPARTION PHASE *Preftov ny ®dminisha K*ffr Aed staff revleWmivation of leveia of chutly, so=acy, and coardineftn boMmen dWpNnes. FINAL DOCUMENT PREPARATION, BID, A AWARD BY CONSULTANT Boynton Bench Uti[W s - Gm[ral Coes wmg Services C-29 V.5 CLEAN FINAL Page 1130 of 1207 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PRASE COMPLETION Boyntm Bach Witim - C roll Comidng Services C -30V.3 CLEAN FWAL Page 1132 of 1207 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNINGISTUDY ACTIVITY, REPORT, OTHER Boyaton Bush Utilities-cma" Comuking SeMCCL V.3 CLEAN FINAL. "i Page 1134 of 1207 Public Hearing 7/6/2021 Requested Action by Commission: Proposed Ordinance No. 21-019 - Second Reading - Rescinding previous abandonment of a portion of an unimproved five (5) foot wide alley running east to west from Seacrest Boulevard approximately 436.5 feet (ABAN 21-001), and approve abandonment of an approximately 76 foot long section of the five (5) foot wide alley along the south side of Lot 1, Meeks Addition to Boynton Plat. Explanation of Request: As a condition of approval of the Wells Landing North project on MILK Boulevard, east of Seacrest Boulevard, Elizabeth Roque of Wells Landing, LLC, requested abandonment of a 436.5 foot segment of the 5 foot wide alley along the north side of their project and adjoining parcels to the west. This condition of approval required the establishment of an easement along the entire 436.5 foot length. The condition of approval of the abutting parcels has not been satisfied. Staff now recommends that the City instead only abandon that specific 76 foot long segment that falls within the Wells Landing project boundaries. The applicant, and the Ione utility provider, Florida Public Utilities (FPU), agrees to this change to limit the abandonment to only that portion that is within the boundaries of the project. The new easement document has been drafted and approved by FPU. In conclusion, staff recommends the previous ordinance to abandon the 436.5 foot segment (Ordinance No. 20- 041) be rescinded and the request to abandon only that 76 foot segment lying south of Lot 1, Meeks Addition to Boynton Plat, wholly within the Wells Landing North project be approved, subject to recording of the drafted easement agreement by Wells Landing, LLC. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended, as the recommended course of action will allow the Wells Landing project to remain on their critical grant timeline. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 1136 of 1207 Grant Amount: Attachments: Type D Oirdinainc,(.. D 1.....c. ca tic.:in Map D 1.....c. ca tic.:in Map D DiraWings D DiraWings Description Ordnance Correcting abandoinirnint for Wells I anding 1.....c. ca tic. n Map of Abandoinirneint (Oirigiirlal) 1.....c. ca tic. n Map of Abandoinirneint (II:Revised) Site IRla in depicting Revised Abandoinirneint I egall & Sketch of IReia:>ed Abandoinirnint Page 1137 of 1207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE NO. 21 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, RESCINDING ORDINANCE 20-041 AND APPROVING THE ABANDONMENT OF AN APPROXIMATELY 76 FOOT LONG SECTION OF THE FIVE (5) FOOT WIDE ALLEY ALONG THE SOUTH SIDE OF LOT 1, MEEKS ADDITION TO BOYNTON PLAT; AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as a condition of approval of the Wells Landing North project on MLK Boulevard, east of Seacrest Boulevard, Elizabeth Roque of Wells Landing, LLC, requested abandonment of a 436.5 foot segment of the 5 foot wide alley along the north side of their project and adjoining parcels to the west; and WHEREAS, this condition of approval required the establishment of an easement along the entire 436.5 foot length; and WHEREAS, the condition of approval of the abutting parcels has not been satisfied; and WHEREAS, Staff now recommends that the City instead only abandon that specific 76 foot long segment that falls within the Wells Landing project boundaries; and WHEREAS, staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners; and WHEREAS, comments have been solicited from the appropriate City Departments, and public hearings have been held before the City Commission on the proposed abandonment; and WHEREAS, staff has determined that the subject alleyway no longer serves a public purpose and therefore recommends approval of the request, subject to the accompanying conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing whereas clauses are true and correct and incorporated herein by this reference. Section 2. Ordinance 20-041 is hereby rescinded. {S:\CA\Ordinances\Abandonments\Corrected Abandonment of Alley (Wells Landing 5 ft Alley).docx Page 1138 of 1207 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Section 3. The City Commission of the City of Boynton Beach, Florida, does hereby abandon approximately 76 foot long section of the five (5) foot wide alley along the south side of Lot 1, Meeks Addition to Boynton Plat. The property being abandoned is more particularly described as follows: THAT PORTION OF THE 5 FOOT RESERVED AREA (ALLEY) AS SHOWN ON THE PLAT OF MEEKS ADDITION TO BOYNTON, ACCORDING TO THE P[LAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH BY THE SOUTHERLY LINE OF LOT I OF SAID PLAT OF MEEKS ADDITION TO BOYNTON; ON THE EAST BY THE EASTERLY LINE OF SAID LOT 1, ON THE WEST BY THE WESTERLY LINE OF SAID LOT I AND ON THE SOUTH BY THE SOUTHERLY LINE OF THE PLAT OF MEEKS ADDITION TO BOYNTON AS RECORDED IN SAID PLAT BOOK 9, PAGE 54 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 383 SQUARE FEET MORE OR LESS. Section 4. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 5. This Ordinance shall take effect immediately upon passage. FIRST READING this 15th day of June, 2021. SECOND, FINAL READING AND PASSAGE THIS day of , 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC, City Clerk (Corporate Seal) {S:\CA\Ordinances\Abandonments\Corrected Abandonment of Alley (Wells Landing 5 ft Alley).docx VOTE YES NO Page 1139 of 1207 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon approximately 76 foot long section of the five (5) foot wide alley along the south side of Lot 1, Meeks Addition to Boynton Plat. The property being abandoned is more particularly described as follows: THAT PORTION OF THE 5 FOOT RESERVED AREA (ALLEY) AS SHOWN ON THE PLAT OF MEEKS ADDITION TO BOYNTON, ACCORDING TO THE P[LAT THEREOF AS RECORDED IN PLAT BOOK 9, PAGE 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH BY THE SOUTHERLY LINE OF LOT 1 OF SAID PLAT OF MEEKS ADDITION TO BOYNTON; ON THE EAST BY THE EASTERLY LINE OF SAID LOT 1, ON THE WEST BY THE WESTERLY LINE OF SAID LOT 1 AND ON THE SOUTH BY THE SOUTHERLY LINE OF THE PLAT OF MEEKS ADDITION TO BOYNTON AS RECORDED IN SAID PLAT BOOK 9, PAGE 54 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 383 SQUARE FEET MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of June, 2021. Crystal Gibson, MMC City Clerk STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) CITY OF BOYNTON BEACH, FLORIDA Lori LaVerriere, City Manager BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of June, 2021. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\Abandonments\Corrected Abandonment of Alley (Wells Landing 5 ft Alley).docx Page 1140 of 1207 Exhibit B WELLS LANDING ABANDONMENT ABAN 21-001 ) 20 40 0„ 80 d d ^1 41X7 EXHIBIT B WELLS LANDING 5 -FOOT ALLEY ABANDONMENT N 0 15 30 60 90 120 Feet NEMESES=: Page 1142 of 1207 ze'Fti P. "rd""�.fl.Q Q.Q ;,EA"s� V. MM ".q�&d "`k' U•II �"fl""II°#@'S �" �-� a 9 « o rn � � J 1 w o ma_ �3� T rrm� 0 z 0 z 0 z Q J J J z <pmg od 0 �s LL w o p — a3w z; _ p O O H T rrm� 0 z 0 z 0 z Q J J J z SKETCH OF DESCRIPTION EXHIBIT 'A " SHEET I OF I Z LOT 1, MEEKS 10; ADDITION TO BOYNTON m (PLAT BOOK 9, PAGE 54) p � mm SOUTH LIIE LOT 1 (PLAT BOOK 9, PAGE 54) �Y Q o 5' RESERI/ED AREA (ALLEY) AS SHOWN IN Q m ~ m PLAT BOOK 9, PAGE 4 A ABANDOIED BY W J I Q CITY OF BOYNTON BEACH IN ORDINANCE �— p NO. 20-041(O.R.B. 32018, PAGE 1805 N89°59'54"W. SOUTH LIAE PLAT Ld 76.69' BOOK 9, PAGE 54 NORTH LINE PLAT BOOK 9, PAGE 3 LOT 5, BLOCK 1 FRANK WEBBER ADD. (PLAT BOOK 9, PAGE 3) DESCRIPTION - ' I N8905954 LOT 4, BLOCK 1 FRANK WEBBER ADD. (PLAT BOOK 9, PAGE 3) THAT PORTION OF THE 5 FOOT RESERVED AREA (ALLEY) AS SHOWN ON THE PLAT OF MEEKS ADDITION TO BOYNTON, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 9, PAGE 54, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BOUNDED AS FOLLOWS: ON THE NORTH BY THE SOU THERL Y LINE OF LOT 1 OF SAID PLAT OF MEEKS ADDITION TO BOYNTON,• ON THE EAST BY THE EASTERL Y LINE OF SAID LOT 1, ON THE WEST BY THE WESTERLY LINE OF SAID LOT 1 AND ON THE SOUTH BY THE SOUTHERL Y LINE OF THE PLA T OF MEEKS ADDITION TO BOYNTON AS RECORDED IN SAID PLAT BOOK 9, PAGE 54 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 383 SQUARE FEET MORE OR LESS ORDER NO. 19-60 "5' EASEMENT AREA" W U Z LOT 3, BLOCK 1, FRANK WEBBER ADD. (PLAT BOOK 9, PAGE 3) SUR V/EYOR'S NOTES/LEGEND.• THIS IS NOT A SURVEY j = CENTERLINE THE SOUTH LINE OF PLA T BOOK 9, PAGE 54 IS ASSUMED TO BEARS N.89°5954 "W. D.R.B. = OFFICIAL RECORD BOOK Digitally signed by Paul D. Paul D. Engle Enry I e Date: 2021.05.07 `� 11:42:15 -04'00' PAUL D. ENGLE SURVEYOR & MAPPER NO. 5708 DATE. MAY 7, 2021 O'BRIEN, SUITER do O'BRIEN, INC. CER TIFICA TE OF AUTHORIZA TION #LB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE. PAUL D. ENGLE 955 N. W. 17TH A VENUE, SUITE K-1 DELRA Y BEACH FLORIDA 33445 (561) 276-4501 (561) 732-3279 07 X9DramngsIGENERAL GADDIGxdl 19-60 EASEMENTAREA-- 05/07/2021 -- 11:40 AM-- Scale 1 :240.0000 M Public Hearing 7/6/2021 Requested Action by Commission: Proposed Ordinance No. 21-022 - Second Reading - Amend the Land Development Regulations, Chapter 3, Article IV, Zoning, Section 3.D. Table 3-28, Foot note #103 regarding Landscape Debris Stockpiling use, to add a minimum distance separation standard and amend certain existing operational requirements and standards to avoid hazards, nuisances, and other impacts on residential land uses. City initiated. Explanation of Request: The City's Zoning Regulations were amended in August of 2015 to incorporate a new use at that time along with corresponding provisions and operational standards. The consideration for this amendment was prompted by a local landscape contractor and justified by environmental benefits including, in part, the energy -conserving reuse of landscaping debris and reduction in material potentially destined for a landfill. The below excerpt from the 2015 staff report provides the background information considered at that time: "The City Commission has directed staff to prepare amendments to the Land Development Regulations intended to establish a new use within the City's Zoning Regulations titled Landscaping Debris Stockpiling, with corresponding procedures and regulations that allow for the stockpiling of vegetative matter collected by commercial businesses. The Land Development Regulations currently do not allow for the stockpiling (e.g. temporary storage) of such waste and the City Commission has embraced the pre-existing activity of a local and established landscape business as a sustainable and environmentally -wise practice. The City has learned that this business has been using its vegetative waste collected as part of its landscape services to contribute to a cooperative engaged in processing Biomass and Biochar which is used, in part, as a natural soil enhancer. Currently the City has no provisions for the storage of any waste matter within the City, and instead, all waste collected is typically delivered to a transfer station outside the City and operated by the Palm Beach County Solid Waste Authority. The subject regulations would allow the temporary storage of vegetative matter as a conditional use within the City's M-1 Zoning District, conditioned upon meeting specified site and operational requirements. Sources of the proposed standards include, in part, the County or State Health Unit, example regulations from another jurisdiction, and the City's Fire Marshall." Most uses, and particularly industrial and heavy commercial businesses, are required by Zoning Regulations to be conducted within an enclosed building to minimize impacts on surrounding properties. Given that the subject use would be conducted outdoors, and in close proximity to residential land uses, the use was introduced under an 18 -month pilot program to allow staff to evaluate impacts and land use compatibility. The pilot program was then extended to August 22, 2018, and before the program "sunsetted", on August 7th, 2018, the Zoning Regulations were amended removing the temporary pilot provisions for the use. The use was approved as a conditional use, along with corresponding operational standards that included various requirements related to property size, perimeter access, setbacks, pile height, Page 1145 of 1207 screening requirements, hours of operation, and dust control and fire prevention. Complaints from adjoining neighbors, and repeat violations have warranted a review of the original standards and consideration of options to address the issues associated with this type of business. Complaints and violations have primarily pertained to pile height, access path clearance, odor, and rodents/pests. Since January 1St, one to three different code violations have been documented each month. Staff considered recommending the removal of the use from the Zoning Regulations; however, in continued acknowledgement of the environmental benefits to promote vegetation recycling, staff alternatively recommends a few amendments to the minimum standards to, in part, to prevent impacts on residential environments, establish a specific revocation process for the subject use, increase minimum debris pile setbacks, and allow for additional buffer enhancements to be determined at time of conditional use review. The proposed amendments are further described on an attachment, in underlined and crossed -out text. The proposed amendments would not apply to previously approved conditional uses. However, City staff will continue to monitor the use, and enforce the city's standards to ensure the safe and sanitary operation of the business, through processes of the City's Community Standards Division. The Planning & Development Board heard the item on May 25th and forwards it with a recommendation for approval, and with a revised condition of approval that would require the distance separation to be from commercial and mixed use zoning districts in addition to the residential districts. Staff supports the amended condition and it is included in the attached ordinance. Lastly, note that the inspection report for the Mignano Landscape Debris Stockpile use has been added as an exhibit for this Second Reading item. How will this affect city programs or services? The performance of the existing Landscape Debris Stockpile use in the City has warranted staff inspections on the property at a frequency measurably higher than typically required of other businesses. The business activity as experienced to date represents excessive cost and burden on City services. The proposed regulations are intended to minimize land use incompatibilities and include a tailored revocation provision that would shorten the time period that a non-compliant business may operate, and reduce the impact on city services. Fiscal Impact: The operation of the existing landscape debris stockpiling business, as the City has experienced to date, represents excessive cost and burden on City services, which is above that which city fees are calculated to cover. The proposed regulations are intended to ensure that future stockpiling businesses approved by the City operate compatibly with abutting land uses. Additionally, with the proposed corresponding revocation provision, any future approved businesses that are unable to consistently operate in compliance with city standards could be forced to discontinue operations quickly, thereby minimizing fiscal impacts on city services. Alternatives: None recommended Strategic Plan: Strategic Plan Application: Page 1146 of 1207 Climate Action Application: The subject zoning use represents a sustainable and energy -conserving zoning use through, in part, the reuse of waste materials. Is this a grant? Grant Amount: Attachments: Type D Oirdiinainc,(.. D Staff If epoirt D Airneindirneint D Exhibit Description Ordinance airneinding note 103 irega irding andscape debiris stc..)ckpiliing Attachirneint A Staff If epoirt Attachirneint IB Piroposed Airneindirneints linspec,tioin reSLARS Miginaino 2/20/21 thirOLAgh 6 14 21 Page 1147 of 1207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 21 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS CHAPTER 3, ARTICLE IV, ZONING, SECTION 3.D. TABLE 3-28, FOOT NOTE #103 REGARDING LANDSCAPE DEBRIS STOCKPILING USE, TO ADD A MINIMUM DISTANCE SEPARATION STANDARD AND AMEND CERTAIN EXISTING OPERATIONAL REQUIREMENTS AND STANDARDS TO AVOID HAZARDS, NUISANCES, AND OTHER IMPACTS ON RESIDENTIAL LAND USES; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City's Zoning Regulations were amended in August of 2015 to incorporate a new use at that time along with corresponding provisions and operational standards which was prompted by a local landscape contractor and justified by environmental benefits including, in part, the energy -conserving reuse of landscaping debris and reduction in material potentially destined for a landfill; and WHEREAS, the proposed regulations are intended to minimize land use incompatibilities and include a tailored revocation provision that would shorten the time period that a non-compliant business may operate, and reduce the impact on city services; and WHEREAS, the City Commission of the City of Boynton Beach has considered the 27 recommendations and has determined that it is in the best interest of the citizens and residents 28 29 30 31 32 33 of the City of Boynton Beach, Florida to approve the amendments to the Land Development Regulations as contained herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 3 Landscape Debris Stockpiling) - Ordinance.Docx Page 1148 of 1207 34 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 35 "Zoning", Article IV, Section 3.D. Table 3-28/Footnote 4103 is hereby amended as follows: 36 Land Development Regulations Ch. 3, Art. IV, Sect 3.D Table 3-28/Footnote 4103 37 38 103. Landscape Debnis Stockpiling. The commercial stockpiling of landscaping debris is 39 allowed as aconditional use in the M-1 zoning district oll ,,,,iroierties that are located minimum 40 of 200 feet from a Residential, Commercial or Mixed I.Jse Zoni1ij.,,, (:District as defined within .............................................................................................................. ......................................................... ........... ............................................................................................................................................................................................... ............ 41 C ti..aand subject to the following 42 additional requirementseoRd4ioli-s": ................................................................................ . ............................................................. 43 a. Prior to commencing the operation of a landscaping debn*s storage site, a property 44 owner mustfirst obtain a Business Tax Receipt and Certificate of Use from the city. 45 b. A site plan notated to show operational components of the storage facility (i.e. access, 46 storage area, setback, etc) gEd re lire,s�nt liatice with the .........................................................................................re.quirements lierein shall be 47 submitted as....ILart crftlie conditional use review. ............— 48 c. No stockpiling of landscaping debris shall be permitted on properties of less than 0.5 acres. 49 d. P m...v i d e 4.a. minimum 2().57foot wide stabilized all weather access road around the 50 perimeter of thestockpile. 51 e. All stored landscaping debn*s shall be setback at least 52 p��,', �,-25 feet from all property lines o a g ter distatice as detenuined tie e s i ..................................................................................................................................................................................... ......... ...... ilu- 53 u di ij.Lthe reviewJorconditional use atmroval. ............... 1 1 11_ 54 f. A LILlated site !2f &12jis sliall not cause an increase in off .......... E L_ ........................................................................................................................................................................................................................... 55 s i te A-4 storm water drainage al,4 56 4H.-pF&Y-e �,, as9.o.1i fligle d ftpfff��by the City Engineer or his or her designees d u..r..i il..J; jj!�� .... . ... . . .... ..... ..... ..... 57 review for conditional u s 58 c..o..........u............u.........e....li.....c.......e.........u.........e......Pit .... ..of ..t e.. Stora e �activml�.- 59 g. No chipping of stockpiled debris is permitted on the site. 60 h. The perimeter of a storage site shall be screened with a wall or fence that obstructs the 61 view of the storage area from adjacent properties.; 62 63 gaff w4 �H cl-'a 'J.'12 e qm o u 12 l, o f 64 tall .s92.1211rgq j. Cl,,,,,in .coif .....b........i....n........a......t.....io.n......with,.-the .....w...........al.l........o.......r...........f....e....n.c.......e...........s.....l....i....al.l........b........e...........d.......et....e.......n.......u..........i... i..e......d.........d.......iEi....n....a. the —review 65 for conditional use a roval.'Fliescr I used shall be constructed and/or maintained at .......................................................................................... ......... ...... I �nln. 66 a i..j] i il i i..j] u i.li oaf 6 feet.. 67 1. The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m., Monday through 68 Friday, and Saturday, from 8:00 a.m. to 2:00 p.m., or as established during the conditional use 69 approval process. 70 J. Access to operations shall be only from a public right-of-way. In no case, shall a delivery 71 or removal of the stored landscaping debn*s utilize a private road or alley serving residential uses 72 for access. 73 k. The delivery, removal and storage shall utilize dust control measures. 74 1. Debris piles shall nolt be placed on surfaces intended or designed for open space, or for 75 parking orvehicle circulation. S:\CA\Ordinances\LDR Changes\LDR Arnendinent (Ch 3 Landscape Debris Stockpiling) - Ordinance.Docx Page 1149 of 1207 76 m. 11.3ecause of the , ossible attraction of venuin to stored and decompgsin , material, j ....................................................................................................................................... f 77 s 11 al III a..v e ari e xtellll I ri a tion pl in overseen by..a mumercial externiinator. Measures used to .. . .... ..... .... ..... .. . .... ..... ... .... ... . .. .. k_ ... ...................................................................................................................................................................................... 78 mLv-entsuch entation sliall be made 79 a.Y a i I a.h.1 e to c i ty 12. jqjgn_K� 80 m.rr Storage areas shall include fire protection monitoring, alert and suppression 81 systems asapproved by the City Fire Marshal. The following are minimum requirements 82 w440+112 a t. must be demonstrated to obtain Fire Marshal approval: 83 1) No pile shall be higher than 10 feet., w i 11i. 1.1..e i.. litb ring; &1�1!1]jnedjuaintained with the g ....... ........ 1 .... ........................................................................................................................................................ 84 aced around the [)ile for use as reference 85 L)oints.During any declared drought the height shall be limited to six feet. 86 2) All piles shall be covered with a "breathable blanket" or site provided with a 87 sprinkler systemapproved by the City Fire Marshal. 88 3) All piles shall be secured behind a fence or other approved barrier that will be locked at 89 all timeswhen not in use. 90 4) Reet+use--a�, �--�f ffi-�H tkat� 91 4lh-F-e ftF"-e rif--e I 92 b ui 14i d -444e L4,Foi*-&H Y f H ee-. 93 5-4) A working garden hose shall be at the ready at all times to put out small spot fires. 94 45.) Each pile shall be t. ul il e d /.churned yt macer w-ei.o.12 a d a i 1.y basis, a mininium of 95 2.1.2 c e &.YA12sliall or his/lierI E 96 d , ' 1 s uired b �L Wn.�� Im K�vLs—ttl—iat records fre Liency 2f f ile maintenance actions e(�y ................................................................................................................................................... D. 97 this standard. aH4-s,& Ho : ei ................................................................................. 98 F..)epft4 .. efft- - 99 o. .. . ...... ........ R. v i e w for r..e vocation o f 11.3usitiess'.1'ax Certi (i cate. Re, f eat violations in accordance with this. 100 section sliall result in a : ion for revocation of bL Sill SS , mroval ........................................... ................................................................................................ 1��Lj e w lav the City Commission e a[ 1� 101 If .......... ...3 .....o........r.........m...........or.e...... v.i....o........l....at.....i....o........n........s.........o..f...... ..a......n........y 2..f..... ..!hg K�,.qqi r.e.11e r.i.t s otll i s (Q o tll o t e.....o.c.......c.......u.......r...... d.u.......r......i... .j.� 2consec�tive 102 jji.!2nj!j . . . . . . . . . . staff` ff. sil a ll rl o.1 i [Y-Lhe business 01-, gg!2E q d 1, 1, g1t 103 i.1.1. c I u d i an 9. .1 lil 11 i 012 0 11.1 e 12M!2a1.i 0 104 arxy violations of these uirementsoccuur l;rzrrrrl, ih.9 105 fo.l.w. a.r..d a C2121121ission summarizing qj� liolations. I'lie i y ... ..... .... ........ ..... .... ..... .... .... .................................................. ......................................... .......... ........ ......................................................................................... C t. _Commission 106 s 12 a..l 1 2 av e lle..21 ilrl s..of..eEdi i.j.thej,)robationary....i - e id. .e......t I .d.......i..II �tie- y 107 12M!2a1i..0)q val simultarie.Qu. sly 108 establishir g j!jg time allowed for the operator to decease business 2f g1glions on the snub' ct ............................................................. ....................................................................................................... ........... ....... ..... ............................................................................ 109 f eji d is,,,,e d d than staff will continue monitor n JL an d 2 ........ ........... ....... n I ...................................................................................................................................................................................................... 110 r violations to the Commission in accordance with this section. If the ................................................................................................................................................................................................................................................................................................................................................................................................................................ III ProbationaE staff,;will morritor..the o )eration for continued violations .................................................................. ........................................................................................... ................... ........ JILL 1011 ror contilluect violations 112 du i ij.Lthe extended ,)eriod and Eg. -7 , next ............... 1 1 gjji.jjjj s s i oll a t tll e ................................ . ... ... . ..... .. . .... .. .. .. . .... 113 available Commission I e ti rt owrrc;r shall be directl ............................................................................................................................................... 1.1 ........... e ............ 12 .. . ........ g.f �. ied each time drat 114 staff forwards the item to the Commission. ...................................................................................................................................................................................................................................................................... 115 116 Section 3. Each and every other provision of the Land Development Regulations 117 not herein specifically amended, shall remain in full force and effect as originally adopted. 118 Section 4. All laws and ordinances applying to the City of Boynton Beach in 119 conflict with any provisions of this ordinance are hereby repealed. S:\CA\Ordinances\LDR Changes\LDR Arnendinent (Ch 3 Landscape Debris Stockpiling) - Ordinance.Docx Page 1150 of 1207 120 Section 5. Should any section or provision of this Ordinance or any portion 121 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 122 affect the remainder of this Ordinance. 123 Section 6. Authority is hereby given to codify this Ordinance. 124 Section 7. This Ordinance shall become effective immediately. 125 FIRST READING this 15th day of June, 2021. 126 SECOND, FINAL READING AND PASSAGE this day of , 2021. 127 CITY OF BOYNTON BEACH, FLORIDA 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 ATTEST: 143 144 145 146 Crystal Gibson, MMC 147 City Clerk 148 149 150 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga VOTE 4 S:ACA\Ordinances\LDR Changes\LDR Ainendinent (Ch 3 Landscape Debris Stockpiling) - Ordinance.Docx YES NO Page 1151 of 1207 DEPARTMENT OF DEVELOPMENT Development Administration Memorandum PZ 21-005 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Deputy Director of Development Services DATE: May 20, 2021 SUBJECT: Landscape Debris Stockpiling (CDRV 21-002) Amend the Land Development Regulations, Chapter 3, Article IV, Zoning, Section 3.D. Table 3-28, Foot note #103 regarding Landscape Debris Stockpiling use, to add a minimum distance separation standard and amend certain existing operational requirements and standards to avoid hazards, nuisances, and other impacts on residential land uses. City initiated. The City's Zoning Regulations were amended in August of 2015 to incorporate a new use at that time along with corresponding provisions and operational standards. The consideration for this amendment was prompted by a local landscape contractor and justified by environmental benefits including, in part, the energy -conserving reuse of landscaping debris and reduction in material potentially destined for a landfill. The below excerpt from the 2015 staff report provides the background information considered at that time: "The City Commission has directed staff to prepare amendments to the Land Development Regulations intended to establish a new use within the City's Zoning Regulations titled Landscaping Debris Stockpiling, with corresponding procedures and regulations that allow for the stockpiling of vegetative matter collected by commercial businesses. The Land Development Regulations currently do not allow for the stockpiling (e.g. temporary storage) of such waste and the City Commission has embraced the pre-existing activity of a local and established landscape business as a sustainable and environmentally -wise practice. The City has learned that this business has been using its vegetative waste collected as part of its landscape services to contribute to a cooperative engaged in processing Biomass and Biochar which is used, in part, as a natural soil enhancer. Currently the City has no provisions for the storage of any waste matter within the City, and instead, all waste collected is typically delivered to a transfer station outside the City and operated by the Palm Beach County Solid Waste Authority. The subject regulations would allow the temporary storage of vegetative matter as a conditional use within the City's M-1 Zoning District, conditioned upon meeting specified site and operational requirements. Sources of the proposed standards include, in part, the County or State Health Unit, example regulations from another jurisdiction, and the City's Fire Marshall." Most uses, and particularly industrial and heavy commercial businesses, are required by Zoning Regulations to be conducted within an enclosed building to minimize impacts on surrounding properties. Given that the subject use would be conducted outdoors, and in close proximity to residential land uses, the use was introduced under an 18 -month pilot program to allow staff to evaluate impacts and land use compatibility. The pilot program was then extended to August 22, 2018, and before the program "sunsetted", on August 7t", 2018, the Zoning Regulations were amended removing the temporary pilot provisions for the use. Page 1152 of 1207 The use was approved as a conditional use, along with corresponding operational standards that included various requirements related to property size, perimeter access, setbacks, pile height, screening requirements, hours of operation, and dust control and fire prevention. Complaints from adjoining neighbors, and repeat violations have warranted a review of the original standards and consideration of options to address the issues associated with this type of business. Complaints and violations have primarily pertained to pile height, access path clearance, odor, and rodents/pests. Since January 1 st, one to three different code violations have been documented each month. Staff considered recommending the removal of the use from the Zoning Regulations; however, in continued acknowledgement of the environmental benefits to promote vegetation recycling, staff alternatively recommends amendments to the minimum standards. The intent of the amendments is to prevent impacts on residential environments, establish a tailored and stringent revocation process, increase minimum debris pile setbacks, and allow additional buffer enhancements to be determined at time of conditional use review. The proposed amendments would not apply to the single, pre-existing business. However, City staff will continue to monitor the use, and enforce the city's standards to ensure the safe and sanitary operation of the business, through processes of the City's Community Standards Division. The proposed amendments are further described in the attachment, in underlined and crossed -out text. Page 1153 of 1207 Land Development Regulations Ch. 3.Art. IV, Sect 3DTable 3-28/Fuotnube#103 103. Landscape Debris Stockpiling. The commercial stockpiling uflandscaping debris ioallowed aoa conditional use inthe M-1 zoning district��rtjes that are located a miriimum of 200 feet from a a. Prior to commencing the operation of a landscaping debris storage site, a property owner must first obtain a Business Tax Receipt and Certificate of Use from the city. b. A site plan notated to show operational components of the storage facility (i.e. access, storage area, setback,gq..n2p.�Ja rice with the r-1g.!j.irements herein shall be submitted as p f the conditional use review. o. No stockpiling of landscaping debris shall be permitted on properties of less than 0.5 acres. d. ��de A.a. minimum 295 -foot wide stabilized all weather access road around the perimeter of the o. All stored landscaping debris shall bosetback sdleast and -25 feet from all property lines o r a view for conditional use a oval f.Egy f d.g�.L[is shall riot cause an increase in off storm water drainage confirmed ap-KeveA by the City Engineer his or hordooign g. No chipping of stockpiled debris is permitted on the site. h. The perimeter of a storage site shall be screened with a wall or fence that obstructs the view of the storage area from adjacent proportio combination with the wall or fence shall be determined d u ri.n th(e rewi(ew for conditional USE',�� eip roval. The §.912ffh.2 at a minimum of 6 feet. i The hours of operation shall be limited to 8:00 a.m. to 6:00 p.m., Monday through Friday, and Saturday, from 8:00 a.m. to 2:00 p.m., or as established during the conditional use approval process. ]. Access to operations shall be only from a public right-of-way. In no case, shall a delivery or removal of the stored landscaping debris utilize a private road or alley serving residential uses for access. k. The delivery, removal and storage shall utilize dust control measures. i Debris piles shall nolt. be placed on surfaces intended or designed for open space, or for parking or vehicle circulation. m. Because of..the rator shall mentation shall be made available to cit\/ staff **�� Storage areas shall include fire protection monitoring, alert and suppression systems as approved by the City Fire Marshal. The following are minimum requirements w�Ght h atmust be demonstrated to obtain Fire Marshal approval: Page 1154 of 1207 1) Nupile shall bohigher than 10 feet with hei.ghj b2jn determined/maintained with the n!L, c-emae�r—lt —o—f—fo-u—r-L4L 10 f o ot. ta 11.4 x 4 . p aced around the Ae, for use as reference )oints. During any declared drought the height shall bolimited tosix feet. 2) All piles shall becovered with a"breathable blanket" nrsite provided with asprinkler system approved bythe City Fire Marshal. 3) All piles shall be secured behind a fence or other approved barrier that will be locked at all times when not inuse. 4 of 64.) A working garden hose shall be at the ready at all times to put out small spot fires. 4�) Each pile shall bot�[��d/ohunnod o. . Review for revocation of Business Tax Certificate, Rep.eg! y.jolations in accordance with this section 2[iod has comm r.c d, includi ions of these re�(Iuirements occur � thE Drobationa Deriod then staff will forward a rE �)ort. to the C Commission .1 h e yl.2.1 a I.J.2 r] s .......... I h e QJ! Commission shall have the tions of endin � t.h �)robafiona r] d i t.he 30 --de Drobatione] Deriod or directir staff to revoke the business �,Ir).RELV—al simulta e - U .1 / e�stablishir the time allowed for the erator to decease business o erations on the �gjj - r.ar d e d d then staff will continue monitor.n ar r p [21 eat violations to the Commission in accordance with this section. if the.Probationary p owner shall be directiv notified each time that staff forwards the item to the Commission. Page 1155 of 1207 E E u Q 15 z to r)1 -2 0 0 E E E E 0 .1. 0 a o �, o o o o :E 2 to2 E z -. 10 1. 1 -0 � 1. -. < < - - - - - - Hil V u t 6 ' z z15 2 o 0 0 011 Z 0 X a � 1. 8' c2 L3 cw .2 E E' -E -E V -E �E -E V E. c E =0 0 o M. c > > > > E > oo >>E.'> 52 na .2 c ato a o -a Z E -6 -6 E o o o o o E E E Im E� Ej- E� o E E F E H E aE ji 0�8 9 9 .2 .9 E F o o o o jo E� > > > > uo U, u d 5; 5: W, U* 5: 5 u u u u u o, o o o cc .1 .1 - ................. - - - - - - - - - - - - - 16 6� i ai 6 a -;3 43 -;3 -;3 -6 T T T as 0 oa o+3 cif .3,01.6 -6 06 0 .6 03 .6 0 .6 .6 os 071 I wi a3 .6 .6 .6 0 'o .3 oD 0 oa n3 071. oa o71 of "16 .og .6 o a o 3 a a a 8 a a a a a 5 '3 . . . mJm"mJm. . . . . . . . . . I I . . . . . . . 31: 31:1 31: 1 1 1 1 3:j 3: 3: z: �r 9 1� % , . 3: �: �: �: 3: 3: 3t 3: 3 3:i'. 35 9 - -9 - -9 A -1 . . . . . . 0 o 0 o o 0 o Q D l o o o 1. o o o o o,o o o 01 0 0 o a o D o o 0 o o a o o'.o o. o . . . . . moo �o 'I L E o-. 2 . 2. . . . . . . . . . . . if v N V mAp, W Wm m� �m W, A A 1. A A Im A A A A A A Al AIA A A 1. -G -6 ml.. . . . . . . . . . m. . . . m . . . . . . .. o- -- -000 - - . . . . . . . . . . j . - I c I I I I . . . I I I I 8� .1 1 � g. � t . t t t t HN . . . o o 0 0 o . . . o 0 . . . 0 o 0 a 0 0 0 0 0 0 0 0 0 1 010 0 o . . . m1w m m N M 4A 64 Im 11% ilz ilz Ili ilz 11% ilz C19 N�g NN z " , NN A Z zz z Z z N z NN N N NN N N NDN G N c . . . . . . � z to w w w . . V. . .f to i to Ut . . . . . . . . . . . . . . . . . . . . n.. . . . . . . . . . . - - - - - - - -- - - - - -- --- ---- --- -- --- :L t, .2 �2 m L 2 V 2 :L -1 .0 -1 �L �L -1 �L .1 ITJ. o o 5; 5; 5; . o.'> > > 0 . > z > z o>» Z�O�o 0 a > > > > > > > > > z , . . . z z z z � � � z z z c c z z Z Z � c Z Z c c Z Z � Z Z c � Z . . . . . . 0 0 ci cl c . . . . c . c c cl 0 0 c a 0 0 c c 0 c c 0 0 c 0 0 0 0 -Z Z .2 ,r �F 9 .2 :2 .2 �2 2 �2 2 .2 .2 .2 .2 .2 .2 :2 9 -M 6 5 -6 -5 5 1 1-6 -6 1� -6 -6 -6 E E[9 52, -05 '>I> E E EIS 5 5 E E :5 :5 E E 5 5 E �s E >,,'> E E 5; 5 �E 5 5 E =',S E M City Manager's Report 7/6/2021 Requested Action by Commission: Approve the Draft American Rescue Plan Act (ARPA) Fiscal Recovery Funds Investment Framework presented by Carisse Lejeune. Explanation of Request: On May 10, 2021, the US Department of Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds established by the American Rescue Plan of 2021. The Treasury also released details on how these funds can be used to respond to acute pandemic response needs, fill revenue shortfalls among local governments, and support the communities and populations hardest- hit by the COVI D-19 public crisis. Eligible uses must be in response to the disease itself or the harmful consequences of the economic disruptions resulting from, or exacerbated by, the COVI D-19 public health emergency. The City of Boynton Beach will receive a total of $13,647,904.00 in two tranches, and has already received the first deposit of $6,823,952.00 on May 19,2021. The US Treasury Department has stressed the importance for government units to ASSESS and IDENTIFY the greatest needs, and to provide services either directly or through existing evidence -based program agencies and non -profits. This presentation will provide information from the US Treasury Interim Final Rule on spending guidance and present the conceptual framework for managing the programs and projects that will comprise the Master Spending Plan for the ARPA Fiscal Recovery Funds allocated to the City. How will this affect city programs or services? Under the Revenue Loss category, the City will be able to recoup lost revenue from January 27, 2020 to December 31, 2023. The ARPA Fiscal Recovery Funds can also be used to expand or create new projects, programs and services that respond to the disease itself or the harmful consequences of the economic disruptions resulting from or exacerbated by the COVI D-19 public health emergency. Fiscal Impact: The City will receive a total of $13,647,904.00 by the end of May 2022. Alternatives: N/A Strategic Plan: Building Wealth in the Community Strategic Plan Application: Community resiliency Climate Action Application: TBD Is this a grant? Page 1157 of 1207 Grant Amount: Attachments: Type D Attachirneint D AddeindUlirn Description NRFIA F:::iscall If ecoveiryIF:::L.Ands Ilinvestrylent F:::irairnew::)irk NRFIA F:::irairnew(.:)irk DOCUlirneint Page 1158 of 1207 uuuuuum �ml IVVVVVVVVVVVVVV VVIVVVVVVVVVVVVVVVVVV nommMMMa) 0111111111111111111111111 Iluuuuuuuuuuuu 1110 fm)momuMl 111,uuuuuum IVuuuuuuuuuuHU i„ 0 ��Iluuuuuuuuuuuuuuuuuu uul Vuuuuuuuuuuuuu �VVVVVVVVVVVVVVI m Ilulllllllllllllll ul�uuuuuuuuuuuul luuuuuuuuuuuuuuuuuuuul 1 uluuuuuuuul �uuuuuuuuuuuuuul uuuuuluuuuuuuuuuu a �uuuuuuuuuuuuuul uluuuuuuuul u w w E E 0 u 54 u .. u n r_ 0 540 00 rl- 0 N O 0) LO r N 0) co d um� u�muuuuuuuuuq 4-J 0 L- 0 -a •U E N O �4-J� N fLC) +-i O N N U .N (� N M i:R o 4-J� • O � N _ U �E p� �•N N _' EU N • i Cr 4-J tJ1•,- !L N=� on Ln W.0O N U N U N "a O ro > 4-' C- a 4-J 0 L- 0 N C: NLn fLS u N O L a -J 0 0 ,-; —� N fLC) +-i O N N U .N (� N M i:R . — (a O N0 EN o O O • O � N _ U �E p� �•N on N N EU 4 -JO a tJ1•,- !L N=� 4-J 0 •I .,- N C: NLn fLS u N O L a -J 0 0 ,-; —� N N N N� U 4-J • — i Un p U >0--c Ln -0 -0 _ U DC (LO ra 4-J 0 •I .,- N C: NLn fLS u C: 0 .� E N i Un p U >0--c Ln -0 -0 on N N LZ CC3 .O L v — N U O O 'O N V �V) N N uIIlllllilililililililili L o °- 4-d -� Q C zt 000000000 7N O N =3 m E 'O O O u a-+ C — IIIIIIIAI uMOOMuuuu mnnnnnno V IIImImImlmlmlW IIIIIIIIIIIIIIIIII IU" 0 0uwuuu u0000 IYNi� ON kA ^ � N L— IIIIIIIIIIIIIIIIII IU" mimu0 O � N N ro E Ln muuou mimu0 c � L 0 RIIIIIIIIIIIIIIIIIIIIIIIIIIII mulmu IIIIIIIIIIIIIIIIIIIIIIIII Q Q Q uu LL. ry VIIIIIIIIIIIIIIIIIIIIIIIIIIIII u0000 �uuuuuuuu IIIIIIIII IIIIIIIIIIIIIII V�P000000000 IIIIIIIIIIIIIIIIIIIIIIIII u0000 �kA uuuuuuuu mIImlm uuum luuuuuuu N a—+ O � N N E G 4-d ��U umuuuu�uuuuuuuw .�+ O a—+ O . N a—+ a—+ V muummo OE —� V C N Q) 0 C 44—+ —� 0 N O N N co d C- l V W i 4 - O 4-J c N N i N -a j V x N N V L- ro O .J a--+ `'- � N on N � O i O L- c c4--0 00 C 0 4--0 'd Ln =3 4-J fC$ VC fCf a--+ fC$ J N =3'd a N .V Q N L a --i O a` w v� V N �� C N ^ �- CL ^ -0 N V 4- CO — c � ' on^ N _ c c a-' '� c i on c t -a cCf O 4-J Q -p i M N0 Ln 4- 0 N O N N co d N L- O .J a c w= w mi 0 N O N N co d 19 0 O m a — O N u L- a -J � � W0 ccf E C 41 N E u u > '� Oa-+ N N _. 0 E �O u � O p }' .61cCf E.61 >+ .6., c on c c N N O u L- O— .61 —' =3 Ou on c N N on LN- c (D.0 M O MZ C =3 fC$ (1) >ate-•+ u = Q) O c E -0 Ln� Ln � L_ OO c Q O� N a"r L_ CL(l) on i N X O u O^ � > a -J 0 a N N > 4- -J N C N N 'p N 'p 0 O fCf O O O u u N > on •^ a-' N c � N �- N O 'a Dn cL- Ln u .� N -0 L- 'a O u O� N u v Ln 4-J(1) >, U N d O gym., N -a u 0 I- > > > � 4 E -� Q) O0 N� m L- •^ Q � Q a V Z N a. lJ1 I.L. 0- 0 O m a H N L- a -J � � W0 j+ � cl u u u a > '� 0 a- ' i }' N -0 U 4-J U 'O m Ou a�) ' • O ccs O JV"J O 1- 4—J .—J a .............. C E i LJo OOV 4, 11o aa-+ u on 0-0 n �� 4-; Q i� L E 4- E�- � O Q N V „, ,,, O a- J > 0 ,,,,,,,d on . 'N ( m du f� �e Q � Dn L— a-•+ V O a—' N N ^ 42 E E 0 o E 0�4 }' 0 `- 0 An O U N U a ;,,,,,,,�;Va 0 N a--+ i 0 N 0 � 4- — +J O N a) c (1) -0N a -J � L L 0 — N C:a) N N0 a -J -0 (10 V,,,,,,, u�, u E u an W� O u on N _. N a -J N -0 4 QL N o N 0.- V N fCf N .�tA 11 on z�,1 N u (75 tb N 4'' ,,u N N O a-+ VtA N N W a ,,,,,,,,,,, 0 EZ= L� 0 (aZi •1-' ° ,S'.. _ a Q 0 N O N co a N 4 --JO U V fCf i U • O P" .^ i O � IIIIIIIIIIIIII � O Ln � LiLn NO I— O., i E O N Va Q O Eon N •un< N u 0c O O • �— O LU ------------------------------------------------------------------------------------- =on N U O - N p on c N N %A Q cCf 4-J 'a N i O_ O U O N O ccf 'd M 'a Q N C M c Cm v O CL 0 MQ) V a"' c V ra >+ 3 _0 on I- O Q N on • cm o on N on.c —' N 0 c Ln cO M,w,,,,,,,, O U .61 O u E 4.JLn -SE �� N Q _ Q ccfat p ate-+ V i E E F 1 Ou ^L, r ma,, V) .............w Q) ' C"'' ...... a --J W, .,_nj11 nl Cm O „, . N 4 --JO U V fCf i U • O ccf .^ i O � IIIIIIIIIIIIII � O Ln � LiLn NO I— O., i E O N Va Q O Eon N •un< N u 0c O O • �— O LU ------------------------------------------------------------------------------------- =on N U O - N p on c N N on Q cCf 4-J 'a N i O_ O U O N O ccf 'd � � 'a Q N C M c >- v O CL 0 V a"' c V ra >+ 3 _0 on I- O Q N on • on o on N on.c —' N 0 c Ln cO N a--+ O .61 O N i E 4.JLn �� N Q _ Q ccfat p ate-+ V i E E N 4 --JO U cn 4-J 4-ji U • O CL .^ i O •I IIIIIIIIIIIIII � O Ln � LiLn NO I— O., i O Va Q O Q •un< CL Q •� —, O • �— O LU ------------------------------------------------------------------------------------- 4-J 0 U I- C) N_ 0 LO N co a cn 4-J 4-ji • O U 4�-0 O IIIIIIIIIIIIII � O O � N O- O i O Va Q O Q O Q 0 � .� O O N p on u c— N E N cCf 4-J iC i O_ c N U O N �' cCf � � O on Q N i N >- v O CL O on V N I— N ra N N O O on 8- N N O —' N N 'd j = O N a--+ N N 4.JLn �� N N =3N p ate-+ V i E E F Ou V) I- C) N_ 0 LO N co a cn 4-ji • O U O IIIIIIIIIIIIII � � � � I- C) N_ 0 LO N co a U. 4.j _ iQjQj L..� V) o C Qj N VQjQj o C1C s1 v � pllllllllllllllu � 0^ (0 C pllllllllllllllu Vr `Qj Vi d Y/ Qj `� V II100� L / L..V _ W V s� riQj Qj i plllllllll �� O G , pllllllllll O3 E J v E O Qj IIII i O 4-a cry O v tw 6 cn 0 a v M i Q 0E a +-+ N llllllllllu 0 Qj L..0 O 4-J pllllllllllllllu O 13qq (� C /�� („) Sm b/�) fa( ' m V `��, Sm W IIIIIIIIIIII txp , c Q1 `� NQj 4 , O Qj i� E, . —'� 0QJ bp '6 Qj 0 N_ i Nf +5 L ou L CL Q a 2 >- Ln t/4 0 Z LL LL O 0 _Z V Z C: Q) " � 4-j _0 O c •C N O V) N c Q) O .� an C an 4--J .6; _0 •r- -0 O E •> C: O O � � O o O an C) L O V O Q� J � � L - O O cn .61 C: N _0 an c L.L � > _0 O O V '� • �o O N V cri 4--J IL an M Q� •� O �_0 E O E O N � d � _0 N O •V N -0 O rz O N ^ •• M WE .61 m V an O '^ d O � a E -o C: �- � N O � N ^ > M O V O E V V .N O LL d 0 N_ 0 co a J LL. LLJ ry N Ln Z ey LLI O W Q Ln LL O Z O Q LLJ W CL U J Z _ _Z � m a .9U Z mLn Z Q 0 CL U I- Q 4-J O Ln O L (1) U N U O E (U O " � O E O L O .0 CL N 4-J O .E :--J on O O 4- :--J O a-; U E L- 0 O O _0 O O � O Qu "- U � V) • om' I (U F cn E O O N O L- U L O O � .~ � :3 = 4--J O � O O 4-J C: N OO N •U O roLL vi m vi U Ln WSW cz ax O c rom Ln on m a -J O IM Q H H H � w O � � � M EV (U 4-jCL O �"'� ^ L- 4-J n U iN U c•� •�•^ U� O CY rn � C O CL.^ L- 4- cd O ro p N p �— �_ mrd � � � U (u E pV-�- )O vi CSC U :3 C C ^ C: CL on., (,o •^ a ; , � � CSC O - � > -0 y- p � � ,4; O ,a; •L- cn O r6 O : O _0 i" U i - a � >I -0 ,-, V) 4- 0 �� p� O W O O E a) O Z C: ro O 4-J-� c J LL - U •�� 0.�E .^ �•U (U E ro •1-' OV)O w p I— (U E or -CL >% C) CL C:V S OU on W _0 CL•1 -0 lmlml�mlml� mlmlmlmlmlmlml in InnIWIM" IIII I- C) N O O ^co LL """". " EE NJ EE QNJ „ "" " On 0 c- 40 UlEE " NJ „ U „ -0 S" " CHI V)C SNJ M"" " w ;5 E "0 ou „ OU L"" o �„ 0 GJ N "" NJ "" On EZ E SO "u c) „"" NJ NJ 114 NJ . " LL."" " EF 0 ou "" - L"" co- „ " L"" „ „0 U "" Qj W NJ " sa Ln NJ "" Z AL AL AL AL AL AL 0 j i q ME 11 - C) N O N N co d ry11 IIIIIIIIIIIIIIII�IIuDIU IIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII ��IIIIIII�IIIIIIIIIII@ u � n11111 Imnl� � IIIIIIIIIIIIIII VIII@ IIIIII 111 1111110 IIIIII 111 1111110 IIIIIIIIIIIIIIIIIIIIII III �� 1 ullunlunlnnlll�r„IIS ml „"nnllll�llmlIlln �1 � u�w°°°° IIIIIIIIIIIIIIIIIIIIII iM��Qllll�;ulll�tl ��IIIIIII�IIIIIIIII� I��W1u IIIIII 01111111111111111 111111111 111 1111110 m u w � 111111tl 111111 � u�w°°°°°°°° uuuuuuuuuuuum IW�m a 111 1111110 ��IppI�0I� IIIIIIIIIIIIIIIIIIIIIIII@ III 011 01111111111111111111111111 IIIIIIIIIIIIIIIIIIuul0 D ^n0�1°� ��pI0� IIIIIIIIIIIIIIIIIIIIIIII@ 01111111111111111111111111 II �u o uuuuuuuu11Ullulu" NI IIIIII 111 11111110 IIIIIIIIIIIIIIIIIIIIII CL°� �,111II�I� .< a N11 0 j i q ME 11 - C) N O N N co d J 4J D E V) 4� V) Dwww CL C: 01 0 1 D V) 4r u D N 4-) 4- D L- 0 u 4- V) 0 4-J U n I n I n I W— u 4-) 4-) V) a, Ck� mtl0 U -i c I u mmimimimimtll -i z V) z Ilimmilmimij & c I J 4J D E V) 4� V) Dwww CL C: 01 0 1 D V) 4r u D N 4-) 4- D L- 0 u 4- V) 0 4-J U n I n I n I awaaaww- umaaaaaa mmimimimi umooio m00000OOOF �mlll�ii�i m00000io mmmy�i ioa m000000000i u0000 uaaaaaaaaaaaaaaaaa muuuuuuuuuuuuuuuuu i�ma00000 m u000000000 a �i as 0000i�uuuuuu 0000 m00000 000000000i° m00000000000 m00000000000ip ..... ,,,,, k, Ez cn �" ARPA FISCAL RECOVERY FUNDS SPENDING FRAMEWORK Revenue Loss Short- Long - Direct cash payment to households: assistance with rent, food, utilities, Term Term Example of revenue streams eligible: Investment income, franchise X taxes, business taxes & permit revenues, non-federal intergovernmental X until revenues, user fees, solid waste revenues, recreation program revenues, 12/31/23 entity -wide loss of revenue (excluding utility) Loss of emergency medical transport revenue due to COVID X Parking fees (beach and boat park) X Golf course closed for 40 days during season X Public Health Short- Long - Direct cash payment to households: assistance with rent, food, utilities, Term Term Emergency medical response expenses, including transport, overtime, sanitization, disinfecting living facilities, apparatus and equipment. X Mental health and wellness programs for city staff (EAP), youth, seniors and disproportionately impacted/serviced members of the community (to include the homeless). Resource Center, Senior Center, partnership with X N PO's. Vaccination programs and sites, including staffing, equipment & supplies, X facilities costs, information technology and other administrative expenses. Expenditures associated with the disinfection of public areas and other X facilities. Economic Hardship Short- Term Long - Term Direct cash payment to households: assistance with rent, food, utilities, mortgage, eviction, burials, home repairs, weatherization and other needs that respond to COVID health emergency. Partner with one or more X evidence -based agencies with clear, transparent eligibility requirements. Utilize CDBG funding first. Childcare: new or expanded programs, enhanced early learning services (including pre -K, Head Start). Partnership with evidence -based programming & administration of those services and others, including X tutoring, summer care, afterschool care, mental health & wellness, and other enrichment programs. Page 1175 of 1207 Youth empowerment programs: outreach for at -risk youth, after school Short- Long - mentoring, tutoring, life skills development, mental health & wellness; Term Term Summer tutoring programming for in-person learning opportunities for X students falling behind in school due to pandemic; After school enrichment X X programs (music/arts/career development) for low income students in X partnership with School District; Partnership opportunities with PBC School X District, AmeriCorp, Urban Youth Impact, Career Source and other non-profit entities in support of low income students. X Job training: Providing programs and training for individuals on unemployment or needing higher paying jobs, for persons with disabilities, X for graduating seniors. Preparing workforce for local business and industry jobs and green jobs (solar tech, green infrastructure, EE HVAC, etc.). X Internship and apprenticeship programs with local businesses and unions. Partnerships with CareerSource, Work Opportunities Inc., Faith Based CDC, city and local business HR Dept's, trade schools and colleges. Resilience Hub: Neighborhood Resource Center — "One -Stop -Shop" to provide resources, communication, & programming on an ongoing basis for X physical wellness, mental health, jobs training, education, and housing assistance. Serviced by evidence -based agencies and NPO's. Small business assistance grants (modeling CRA COVID-19 grant program) and assistance for small business startups for costs associated with COVID- X 19 mitigation, providing grants, loans, technical and in-kind assistance including job training. Development of Attainable Housing Program; housing study, needs assessment, technical assistance; partnerships with the PBC Housing X Authority, Habitat for Humanity, and CRA for infill housing projects. Neighborhood Improvements for houses in violation of community X standards due to COVID. Possible partnership with Habitat for Humanity. Water, Sewer, & Broadband Infrastructure Short- Long - Term Term Heart of Boynton Stormwater Project X MLK Jr. Blvd Corridor Project - infrastructure/stormwater, commercial component, broadband X Green stormwater infrastructure to mitigate flooding in LMI neighborhoods X and reduce non -point source pollution Cottage District Project - stormwater/water/sewer, broadband X Expand Broadband. Partner with Palm Beach County and/or PBC School District. X Page 1176 of 1207 Stormwater improvements to flood prone areas, FDOT/swale in Lake Short- Term Long - Term Boynton Estates, Ocean Parkway and other identified areas for stormwater X X mitigation. $ 25,000 Economic Development Study New water supply well and deep injection well; Mandated by EPA. Provide First Responder Wellness $ 75,000 safe drinking water (new supply well) & pollution control (deep injection X well). Infrastructure support for infill housing. Water/sewer/broadband X infrastructure provided by city to affordable housing projects. X Premium Pay Short- Term Long - Term Premium pay can be provided to eligible workers performing essential work FIU Study— Equity Initiative $ 125,000 during the COVID-19 public health emergency if it prioritizes low- and $ 25,000 Economic Development Study moderate -income persons that perform essential work. First Responder Wellness $ 75,000 • Essential work is defined as work involving regular in-person interactions TOTAL or regular physical handling of items that were also handled by others, and • Addresses the heightened risk to workers who must be physically X present at a jobsite and, for whom the costs associated with illness were hardest to bear financially. • Premium pay means an amount up to $13 per hour in addition to regular wages and in an aggregate amount not to exceed $25,000 per eligible worker. • Not to exceed 150% of an annual wage without written justification. • Can be retrospective premium pay for prior work as well as prospective premium pay for current or ongoing work during the public health emergency. IDENTIFIED IMMEDIATE PROJECTS EST. COST Housing Study $ 28,500 FIU Study— Equity Initiative $ 125,000 Summer Tutoring Program — up to: $ 25,000 Economic Development Study $ 50,000 First Responder Wellness $ 75,000 TOTAL $ 303,500 Page 1177 of 1207 11.A. New Business 7/6/2021 Requested Action by Commission: Receive update on status of current lease agreement between the City of Boynton Beach and Lutheran Services of Florida for the City -owned property located at 909 NE 3rd Street (Head Start) and potential options for Lutheran Services to relocate within the City. Explanation of Request: The current lease agreement between the City of Boynton Beach and Lutheran Services of Florida for the property located at 909 NE 3rd Street allows for two (2) ten (10) year renewals unless timely notice of nonrenewal is provided. Due to the length of time it will take Lutheran Services to relocate their programs, the City sent a notice of nonrenewal on March 19, 2021. After providing notice of non -renewal, City staff met with Lutheran Services to discuss logistics and how the City can assist during this transition. Over the course of several meetings, the City and Lutheran Services staff have identified the following potential options which Lutheran Services is pursuing as part of their relocation efforts: 1 . Lutheran Services is currently looking for a local daycare provider or church to partner with to provide Head Start services via an existing program or new start up program. 2 . Lutheran Services can request a purchase and sale agreement for City or CRA owned property to construct a new building and enter into a new month to month lease for it's current location while a new building is being constructed. The following is a list of potential CRA/City owned property being considered: Option 1 - northeast corner of NE 9th Avenue and NE 3rd Street. (See attached location map) Option 2 - northwest corner of North Seacrest Boulevard and NW 8th Avenue (See attached location map) 3. Lutheran Services can relocate Head Start operations from Boynton Beach at the end of the lease term in February 2022. While options for relocation within the City are explored, it is critical to exclude from consideration the following City owned properties as it would significantly impact future redevelopment over the next 20 years. Public Works Compound 222 NE 9th Avenue Boynton Beach, FL 33425 Size: 4.82 Acres Head Start Buildina 909 NE 3rd Street Boynton Beach, FL 33425 Size: 1.48 Acres How will this affect city programs or services? Page 1178 of 1207 The Public Works compound together with the city -owned Head Start building comprise a valuable and desirable redevelopment opportunity in the Heart of Boynton as outlined in the CRA Redevelopment Plan. Although Public Works has outgrown its current location, those operations can exist at the current location for several years by utilizing the property currently occupied by Head Start. Fiscal Impact: Fiscal impacts will be incurred as part of the purchase and sale agreement if the property is conveyed at a reduced or discounted purchase price. Additionally, nonprofits are also exempt from paying sales tax and property tax. Alternatives: Do not assist with relocation of Lutheran Services and cease operations at the end of lease term. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D I.....etteir D 1.....c. ca tic.:in Map D Attachirneint D 1.....c. ca tic.:in Map D Attachirneint Description Cllr. tic,e of Iinir¢�sir:¢�s�ar,�l �llr. Option 1 ... Il.....c. ca tic. n li Map Option 1 ... IPirc.:lpeirty Ii: etalill Option 2... Il.....c. ca tic. n li Map Option 2 ... IPirc.:lpeirty Ii: etalill Page 1179 of 1207 The City of r &mliur 111111. m i ii u March 19, 2021 IIIIIIY' 011111 °°l°lfIIIIIIIII OW MANAGER nch ew IPlaack, Into kns§staimnit Qty P nange 1.00 II'iiii�l st ()main Aga„en,.uu.ne Boynton Beach, II""nnaNdaa 3'6'4`w'5 � P)w 561 742 6010 I (111z): 15611-742.,.6011 Louis A. Finney, Jr. Lutheran Services Florida, Inc. 2210 Tall Pines Drive, Suite 220 Largo, Florida 33771 Re: Lease Expiration and Automatic Renewal Ref Lease Agreement between City of Boynton Beach and Lutheran Services Florida, Inc. for the property located at 909 NE 3rd Street Dear Mr. Finney: As you know, the City is in the process of redeveloping the Public Works Facility and Head Start building as contemplated in the Boynton Beach CRA Redevelopment Plan. In order to facilitate this redevelopment opportunity, the City will be exercising its's option to terminate the lease at the end of the current term and elect to not renew and/or extend the subject lease. As our community partner, I would like to thank Lutheran Services Florida for their commitment and effort to provide head start and early head start services to our community. Below is an excerpt of Section 1.02 of the lease agreement for your reference: "The Term of this Lease shall be automatically extended for two (2) successive period(s) of ten (10) years each, under the same terms and conditions of this Lease, commencing upon the expiration of the initial Term of this Lease or any extension thereof, unless either party provides notice on or before one hundred eighty (180) days prior to the end of the then current Term that such party does not want the term to be automatically extended, in which event this Lease shall expire at the end of the current Term." Again, I would like to take this opportunity to thank you for your service to the community. If I can assist in any way during this transition please contact me in the office at 561.742.6401 or via email at Macka@bbfl.us. Ametra"Ca's Gateway to the Gulf'stream. Page 1180 of 1207' Thank you for your cooperation in advance. Sincerely, Andrew P. Mack, P.E Interim Assistant City Manager Cc: Lori LaVerriere, City Manager Jim Cherof, City Attorney S:\PW\Protected\Correspondence\2021 Letters\Lutheran Services Florida—Termination of Auto Renewal 030121.docx America's Gateway to the Gulfstream Page 1181 of 1207 O IT ' V J r I O O O I 06 r r N L6 IT I C`7 I 00 O N (6 O r V J r I O O O I 06 r r N L6 IT I C`7 I 00 O N (6 'APA Banner Lm ic,atmm.mlllm Addin s s NE 3RD ST ulll�lmwiiillCrmllllll� BOYNTON BEACH Elarcclll f'm.mahm.mlll )4iiiulialer, 08-43-45-21-18-000-1540 llnmilndiviii^ iiioiiii AMEN PARK ADD Oltourmalll E.n Im,m.mwnh R.mm.mlllm,: 30547 Axgc�232 Sale Date APR -2019 ARDEN PARK LTS 154 THRU 156, W 1/2 OF 10.30 FT ABND ALLEY LYG E OF & ADJ TO & ELY 18.87 FT TRGLR I m� waall Em Irm�mllCmt liim�milim PAR OF 50 FT ABND PT OF NE 3RD ST IN OR30968P774 LYG W OF & ADJ TO MaUhii�ng admllln:.t„s I:Innmmmunmd 710 N FEDERAL HWY BOYNTON BEACH CRA - BOYNTON BEACH FL 33435 3910 allln,�s Date lmmmlrnOR Pm.mm.mlllm/Page allk I'%lv Ovullilllun° APR -2019 $10 30547 / 00232 QUIT CLAIM BOYNTON BEACH CRA OCT -2003 $60,000 16142 / 01815 WARRANTY DEED BOYNTON BEACH CITY OF OCT -2003 $10 16142/01812 QUIT CLAIM COOPER PINKIE A DEC -1987 $100 05704 / 01456 QUIT CLAIM JAN -1978 $3,000 03032 / 01126 1 ;.. Lan Ii mmptmm.wlllm Vn^an° Dc 1. iiil BOYNTON BEACH CRA 2021 FULL: CRA'S AND DDA'S lanlulllmmwn� I4tillllllmnbe m.ml Ullllml.,�I"m.m�alll llls 0 0 licres� 0.5623 111�ary C2 - C2 NEIGHBORHOOD 1000 - VACANT Use Code de Zoiilimang COMMERCIAL (08-BOYNTON COMMERCIAL BEACH) I"aa l(n a m° 2020 201 ml 20114 lli mmpwm.man anemlmt Valtic $0 $0 $0 l,a.lmal;l Valhi $171,458 $49,881 $48,419 I"m.wUll Mar°lli:nm Valtic $171,458 $49,881 $48,419 All values are as of January 1 st each year I"aa 'lin a m° 2020 201 ml 20114 Assessed Valtic $171,458 $49,881 $48,419 Exc Ii mmlmtlm.mnm ARno llilmmt. $171,458 $49,881 $48,419 I"aaabin Valtic $0 $0 $0 I"aa l(n a m° 2020 201 ml 20114 Ad VaIllm.mwviii n $0 $0 $0 dm.mmn Ad VaIllm.mwvilin $0 $0 $0 T'mmtalll taros $0 $0 $0 Page 1184 of 120 'APA Banner 1,m.mum°atmm.mmm ,nlllmn !�^�i� 1001 N RAILROADAVE lmmal�mwiiillCamlllm�y BOYNTON BEACH Emarcc 111 t"'m.mahxdm l )4iiiumal e r, 08-43-45-21-18-000-1510 llmmilnmllm lii^idiiimwmm AMEN PARK ADD OltourmalllE.m im.amnh Bam.mlllm,: 31365 Emxgc530 Sale Date APR -2020 ARDEN PARK LT 151 & E 1/2 OF 10.30 FT ABND PT OF 1 m� waall Um arm"mllCmt iiim�mmim ALLEY LYG W OF & ADJ TO - - -- Mamlomimg anlmlmn'ss Ovmivrs 710 N FEDERAL HWY BOYNTON BEACH CRA - BOYNTON BEACH FL 33435 3910 allln,s Date Immlilucv OR Bm.mm.mlllk/Page Sallln I'%lv Ilmmmmuvmr° APR -2020 $75,000 31365 / 00530 WARRANTY DEED BOYNTON BEACH CRA APR -2015 $50,000 27945 / 01382 WARRANTY -DEED SPENCE MARCUS NOV-2014 $0 27164 /00169 SUMMARY ORDER BROWN VERENDA JUN -2005 $0 18831 / 00536 SUMMARY ORDER FREDERICK RAMONA R Lanmmmptmm.wmmVear, Dcl.Al BOYNTON BEACH CRA 2021 FULL: CRA'S AND DDA'S ��dmmmmmlmmm°m�ml L,luimurt'.i" 1 "I"m.m�alllquunmw'n�� III�'nn„t.0 Aicwmrs 0.1636 1000 - VACANT C2 - C2 NEIGHBORHOOD L;l"ase Code COMMERCIAL Zoiiiimamg COMMERCIAL (08-BOYNTON BEACH) I"aa 'nam° 2020 "ill l ml 20114 lmmmpmmmanmmmemmt Valmuur" $22,699 $23,041 $20,378 l,a.mai;l Valmamr" $49,875 $44,599 $43,294 I"m.wUll mar°lli:nm Valmuur" $72,574 $67,640 $63,672 All values are as of January 1 st each year I"aa 'nam 2020 2014) 201.14 Assessed Valour $72,574 $67,640 $63,672 Exc mmmlmtlm.mmim ARnommmmt. $0 $0 $0 I"aaabin Valmuur" $72,574 $67,640 $63,672 I"aa 'nam 2020 2014) 201.14 Ad Valllamviii mm $1,553 $1,462 $1,341 dos Ad VaIllimvminim $293 $295 $295 "I"m.wUll tax $1,846 $1,757 $1,636 Page 1185 of 120 O M O O O N L6 IT C`7 co O N (6 O V J It r I O O I O r N L6 IT I C`7 I co O N (6 'O'^ (D It r I O O I O r N L6 IT I C`7 I co O N (6 O It r I O O I O r N L6 IT I C`7 I co O N (6 PAPA Banner l oic,atmm.mmm Addimss 913 N SEACREST BLVD lmualimwiiillCamlllm�y BOYNTON BEACH Emarcclll t"'m.mmimhm.mlll )4iiiuiialer, 08-43-45-21-07-004-1330 llmaiilnmlln lii^ iiimwmin BOYNTON HILLS IN Oltourmalll E.n im.m.mmnh R.mm.mlllm,: 27477 Axgc�27 Sale Date APR -2015 BOYNTON HILLS LT 133 & LT 134 (LESS 20 FT RETURN l m� �maall Um irm"mllCmtiiim�mmim CURVE AREA RDR/W) BLK D - - - Mamloummganlmlmmss I` vmiv rs 100 E BOYNTON BEACH BLVD BOYNTON BEACH CITY OF - BOYNTON BEACH FL 33435 3838 alln'i mOR a"Illlf°m,� Saln I%II[Kl tln'n�mm�l�uu. Data' Bm.mm.�ll,.'llAxgc R $0 0( 072/ QUIT CLAIM BOYNTON BEACH CITY OF 20 JUN $45,000 26878/ WARRANTY BOYNTON BEACH COMMUNITY 2014 00245 DEED REDEV $35,000 25005 TAX DEED MASSRY LOUIS O1B-- 00969/ FEB- $100 0001 QUIT CLAIM 95/ JAN $60,100 04146/ WARRANTY 1984 00448 DEED 1 ;.. Lan i mmptmm.muin Vham° Dc 1. iiil BOYNTON BEACH CITY OF 2021 FULL MUNICIPAL GOVERNMENT I"m.m�alll__ I4tillmmnlmm�m m.ml L,lmnmis 0 fpmm,mm�� Ilhn,4, 0 licsv �� 0.2345 0000- R3 - R3 MULTI FAMILY, 11 DU/AC (08- L;!"��;„n Code VACANT 2a.m°1n°1°�n$ BOYNTON BEACH) I"aa ' nam Ill"Ill 2014) 20114 lmmmpmm.mananemimt Valtic $0 $0 $0 l,a.mai;l Valmamc $30,000 $21,000 $20,117 I"m.w Aa Mar°lli:nm Valtic $30,000 $21,000 $20,117 All values are as of January 1 st each year I"aa ' nam° Ill"Ill 2014) 20114 Assessed Valtic $18,466 $16,787 $15,261 Exc mmmlmmlm.mmim ARnomuummt. $18,466 $16,787 $15,261 I"aaabin Valtic $0 $0 $0 I"aa l(nam° Ill"Ill 2014) 20114 Ad VaIllm.mmviii nim $0 $0 $0 dm.muim Ad VaIllm.mmvminim $0 $0 $0 I"mmtalll tax $0 $0 $0 Page 1190 of 120 PAPA Banner 1 oic,atmm.mmm Addimss 909 N SEACREST BLVD luual�imwiiillCamlllm�,y BOYNTON BEACH Elarcclll Coiiiihm.mlll )4iiiuiiaNkuer, 08-43-45-21-07-004-1450 llmmilnullm lii^ iiimwmn BOYNTON HILLS IN Oltourmalll E.0 icmwnh R.mm.ulllm,: 23963 Axgc�668 Sale Date JUL-2010 1 v gAa� BOYNTON HILLS LT 145 BLK D (LESS RTN CRV AREA SEACREST BLVD R/W) - - - MaRhii�ng anlmlum�ss O miv rs PO BOX 310 BOYNTON BEACH CITY OF - BOYNTON BEACH FL 33425 0310 a]kl'I, m I SP. mlil�i[°a,� alllu^ "I"�IlCmn,� t,Jnnmm�l�uu Data' Pm.wm.wlllk/'l�la��m,� JUL-2010 $10 23963 / 00668 QUIT CLAIM BOYNTON BEACH CITY OF AUG- WARRANTY BOYNTON BEACH CRA 2005 $223,725 19144 / 01604 DEED LESSOR MAR $10 13545/01179 QUIT CLAIM SIMS GLASTON E & 2002 JAN -1970 $3,400 01824 / 00428 Lan mmml'mtmm.mmn Veaur° Dc la.iiil BOYNTON BEACH CITY OF 2021 FULL MUNICIPAL GOVERNMENT ltooummNkuc� ,°(ul LJuinurj's 0 "I"m.mtal Squiiary lll,n,ct0 Alicxv;s 0.1268 1000 - VACANT R3 - R3 MULTI FAMILY, 11 DU/AC Usef m.mnitu COMMERCIAL 7lumim°ia'7 08-BOYNTON BEACH) I"aa l(n a u° 2020 201 ml 20114 lmmmpwm.manameat Valtic $2,013 $2,013 $1,827 l,a.uai;l Valuamc$49,449 $47,073 $45,692 I"m.0 Aa Mau°lli:nm Valtic $51,462 $49,086 $47,519 All values are as of January 1 st each year I"aa 'lrn a u° 2020 "mil l ml 20114 Assessed Valtic $51,462 $49,086 $47,519 Exc mmmlmtioiiim ARnouuummt. $51,462 $49,086 $47,519 I"aaabin Valtic $0 $0 $0 I"aa l(n a u° 2020 201 ml 20114 Ad VaIllm.mwviii nim $0 $0 $0 dm.mmn Ad VaIllm.mwvminim $0 $0 $0 I"mmtalll tax $0 $0 $0 Page 1191 of 120 PAPA Banner I oic,atmm.mmm Addimss 905 N SEACREST BLVD luualimwiiillCamlllm�,y BOYNTON BEACH Elarcclll Coiiiimhm.mlll )4iiiuiialer, 08-43-45-21-07-004-1460 Ilnmilnmlln lii^ iiimwmin BOYNTON HILLS IN Oltourmalll E.n icmwnh Bm.mm.mlllm,: 23963 Axgc�668 Sale Date JUL-2010 I v gAa� BOYNTON HILLS LT 146 BLK D MaRhiimg anlmlmms Ovmivrs PO BOX 310 BOYNTON BEACH CITY OF BOYNTON BEACH FL 33425 0310 Sallkn mOR �m'llllf°m, Salk,'I% tln'nmm�luw Datn Bm.wm.�llk/Pawn, JUL-2010 $10 23963/ QUIT CLAIM BOYNTON BEACH CITY OF 00668 OCT- 17636/ $92'200 WARRANTY BOYNTON BEACH CRA 2004 01837 DEED DEC- 16332/ $80,000 WARRANTY SCOTTDENISET 2003 01539 DEED JAN- $44,600 14799/ WARRANTY RAMDIN KELVIN 2003 01121 DEED OCT- 14229/ $100 CERT OF TITLE CIT GROUP CONSUMER 2002 01438 FINANCEINC 1 ;.. Lanmmmptmm.wormVham° Dcl. iiil BOYNTON BEACH CITY OF 2021 FULL MUNICIPAL GOVERNMENT I"m.m�alll__ I4tillmalmm�w m.ml LJmmmis 0 Lpmm,nwn� Ilhn,4, 0 Bruns 0.1010 0000- R3 - R3 MULTI FAMILY, 11 DU/AC (08- L.!"^g„n� Code VACANT 2a.m°1n°1°�n$ BOYNTON BEACH) I"aa ' nam Ll.t"Ll.l 20I4I 2011I". lmmmpwm.mananemimt Valtic $0 $0 $0 l,a.mai;I Valhi $30,000 $21,000 $20,117 I"m.wtalll Mar°lli:nm Valtic $30,000 $21,000 $20,117 All values are as of January 1 st each year I"aa Vn a m° 2020 201 4) 20I1I Assessed Valtic $10,630 $9,664 $8,785 Exc mmmlmtlm.mmim ARnouuummt. $10,630 $9,664 $8,785 I"aaabin Valtic $0 $0 $0 I"aa l(n a m° 2020 201 4) 20I1I Ad VaIllm.mwviii nim $0 $0 $0 Ldm.mmn Ad VaIllm.mwvminim $0 $0 $0 I'mmtalll taros $0 $0 $0 Page 1192 of 120 'APA Banner l ,m.m��m°atmm.mmm ,nlllmn �!��^fly 103 NW 8TH AVE lmualimwiiillCamlllm�y BOYNTON BEACH Emarcclll t oiiiimhm.mlll )4iiiuiialer, 08-43-45-21-07-004-1470 llnmilnmlln lii^ iiimwmin BOYNTON HILLS IN 1 ltilirmalllR.n im.m.mmnh Em.mm.mlllm,: 23963 Emxgc668 Sale Date JUL-2010 BOYNTON HILLS LT 147 (LESS R(W SEACREST BLVD & l m� �waall Rm arm"mllCmtiiim�mmim RET CURVE AREA) BLK D - - -- Mamfiiiiiganlmlmn'ss Ovmivrs PO BOX 310 BOYNTON BEACH CITY OF - BOYNTON BEACH FL 33425 0310 allln,�s Date lmmliblicv OR Pm.mm.mlll,.'lllmxgc Saln 1'%Ilpe 1' mmiv>u. JUL-2010 $10 23963/00668 QUITCLAIM BOYNTON BEACH CITY OF APR -2005 $100,000 18452/01110 WARRANTY DEED BOYNTON BEACH CRA JAN -1971 $12,500 01868 / 01990 Lanmmml'mtmm.mmnWar @fJeIAiil BOYNTON BEACH CITY OF 2021 FULL MUNICIPAL GOVERNMENT Page 1193 of 120 1"m.m�alll l��dmmmmnbem! of 1.lmnml�ml^ 0 1pmm,nwn� III,nnft.0 mwmn,,^��;� 0.1010 0000- R3 - R3 MULTI FAMILY, 11 DU/AC (08- 1;!"^g„n� Code VACANT 2a.m°1n°1°�n$ BOYNTON BEACH) I'mWar, 11.121.1 "ill l ml 201.11 lmmmpmm.mananemimt Valtic $0 $0 $0 l,amai;l Valmamc $30,000 $21,000 $20,117 1"m.wlalll Mar°lli:nm Valtic $30,000 $21,000 $20,117 All values are as of January 1 st each year 1"aa nam 11.121.1 20141 201.11 Assessed Valtic $10,630 $9,664 $8,785 Exc mmmlmtlm.mmim ARnomuummt. $10,630 $9,664 $8,785 1"aaabin Valtic $0 $0 $0 1"aa nam 11.121.1 20141 201.11 Ad VaIllm.mmviii nim $0 $0 $0 14m.mmn Ad VaIllm.mmvminim $0 $0 $0 1"mmtalll taros $0 $0 $0 Page 1193 of 120 12.A. Legal 7/6/2021 Requested Action by Commission: Proposed Ordinance No. 21-023 First Reading - An Ordinance of the City of Boynton Beach, Florida, amending Article I I I of Chapter 18 of the Boynton Beach Code of Ordinances entitled "Municipal Police Officers' Retirement Trust Fund;" amending Section 18-169, Requirements for Retirement Benefit Amounts, providing for conflict, providing for severability, and providing for an effective date. Explanation of Request: There is a provision in the Police Pension Plan for monthly supplemental benefits that is approaching an action date (February 2022), which provides for a 1% reduction of individual member contributions following 20 years of contributions to the plan. The language in the Ordinance needs to be updated to reflect the correct effective date of February 15, 2002 (rather than the original anticipated effective date of October 1, 2001). Additionally, the language needs to updated to reflect that it is 20 years of contributions, rather than 20 years of service, which is required in order for the member to receive the 1% reduction in employee contributions. How will this affect city programs or services? The Human Resources and Finance Departments have worked with the pension plan administrator to ensure that all tracking mechanisms and processes are in place for successful implementation with the first group of employees who will begin to receive this reduction beginning in February 2022. Fiscal Impact: An actuarial impact statement was provided and is attached in the back up for this item, in which the actuary opined that this change will not have an actuarial impact on the cost of the pension plan as the supplemental benefits are funded separately using a pool of available reserves that are deducted from the assets of the pension plan. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 1194 of 1207 Attachments: Type D Oirdinainc,(.. D AddeindUlirn Description Oirdinainc,e, appiroving airn(.�.s,indirneint tc..) Fldice Pension Rain I etteir Ackjiairlia Ilirnpact Page 1195 of 1207 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDINANCE 21 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ARTICLE III, OF CHAPTER 18 OF THE BOYNTON BEACH CODE OF ORDINANCES, ENTITLED "MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUND;" AMENDING SECTION 18- 169, REQUIREMENTS FOR RETIREMENT BENEFIT AMOUNTS, PROVIDING FOR CONFLICT; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, there is a provision in the Police Pension Plan which is approaching an action date, which requires an ongoing change of contribution for members on an individual basis based on their years of service; WHEREAS, the City Commission of the City of Boynton Beach, Florida, desires to revise its Police Officers' Plan in order to provide this change; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. The foregoing "WHEREAS" clauses are hereby certified as being true and correct and are incorporated herein by this reference. Section 2. Section 18-169 of Article III of Chapter 18 of the Boynton Beach Code of Ordinances is hereby amended as follows: Sec. 18-169. Requirements for retirement- benefit amounts. (f) Monthly supplemental benefits. (1) Effective October 1, 2006, any eligible retiree, including DROP participants, or beneficiary receiving pension benefits is entitled to a monthly supplemental pension benefit. The benefit pool will be funded by 100% of the annual earnings and 10% of the principal created by the contributions set forth in subparagraph b. below. Page 1 of 4 S:\CA\Ordinances\Pension\Ordinance---20—Year 1% Member 185_ Contribution _Contribution_(00186736xbc171).Docx Page 1196 of 1207 28 a. Such benefit will be funded by a 1% contribution from the Police Officers 29 refs and a 1% contribution from the 185 monies. The Police Officer fefbeand the 185 30 contributions were shall- be effective February 15, 2002 Oetebef 1, 2001. Police Officers 31 Bmpleyeea will contribute to this benefit for �hfettgh 20 years of total contributions—jefyiee. 32 When a Police Officer has contributed the additional 1% for 20 years, the additional 33 contribution shall cease. 34 b. The distribution provided for in this paragraph shall be divided among 35 eligible retirees on a pro -rata basis in shares. The shares shall be determined based upon the sum 36 of an eligible retiree's years and partial years of credited service (maximum credit is 20 years) plus 37 the eligible retiree's years and partial retirement years as of September 30 of the current year 38 (maximum credit of 20 years). The share value shall be determined by totaling all of the shares of 39 eligible retirees divided into the current years' total distribution amount. An individual eligible 40 retiree's distribution shall be equal to the number of the eligible retiree's shares multiplied by the 41 share value. 42 C. This benefit shall be payable annually in a lump sum as of October 1, of 43 each year, beginning December 1, 2006. The benefit shall be payable to the eligible retiree, 44 including DROP participants, or any beneficiary eligible to receive benefits as a result of the death 45 of a retiree. The benefit shall cease upon the death of the eligible retiree or beneficiary, whichever 46 is the last surviving pension recipient. M 48 49 Section 3. The provisions of this Ordinance shall become and be made a part of the 50 Code of Ordinances of the City of Boynton Beach, Florida. The Sections of this ordinance may Page 2 of 4 Page 1197 of 1207 51 be renumbered, re -lettered and the word "Ordinance" may be changed to "Section," "Article" or 52 such other word or phrase in order to accomplish such intention. 53 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in 54 conflict herewith be and the same are hereby repealed to the extent of such conflict. 55 Section 5. If any clause, section, or other part or application of this Ordinance shall 56 be held by any court of competent jurisdiction to be unconstitutional or invalid, such 57 unconstitutional or invalid part or application shall be considered as eliminated and so not 58 effecting the validity of the remaining portions or applications remaining in full force and effect. 59 Section 6. This Ordinance shall take effect when the following conditions precedent to the 60 adoption of this Ordinance have occurred: 61 (a) the City Commission has received and has accepted a report establishing the 62 actuarial soundness of these amendments or a letter of opinion from the Plan Actuary that the 63 amendment has no actuarial impact; and 64 65 (b) the Ordinance and impact statement have been sentto the State of Florida Division 66 of Retirement. 67 FIRST READING THIS 6th DAY OF JULY, 2021. e Page 3 of 4 S:\CA\Ordinances\Pension\Ordinance---20—Year 1% Member 185_ Contribution _Contribution_(00186736xbc171).Docx Page 1198 of 1207 69 SECOND, FINAL READING and PASSAGE THIS DAY OF 70 2021. 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga Page 4 of 4 VOTE YES NO Page 1199 of 1207 May 27, 2021 Mr. Lou Penque Plan Administrator Boynton Police Officers' Pension Fund 2100 N. Florida Mango Road West Palm Beach, FL 33409 P; 9541 5 ,' ,?,106 F, 95-4,525.10('11183 � www.�p�p RE: Actuarial Impact Statement for Proposed Ordinance for the City of Boynton Beach Municipal Police Officers' Retirement Trust Fund Dear Lou: We have reviewed the proposed ordinance amending the City of Boynton Beach Municipal Police Officers' Retirement Trust Fund (Plan). This ordinance would amend the Plan as follows: • Amending Section 18-169, Requirements for retirement -benefit amounts, clarifying language concerning the start date and contribution period for the additional 1% contribution from Police Officers toward the supplemental benefits. The proposed ordinance clarifies that the additional contribution was effective starting February 15, 2002 and will cease after a Police Officer has contributed for 20 years. In our opinion, this change will not have an actuarial impact on the cost of the Plan, as the supplemental benefits are funded separately using a pool of available reserves that are deducted from the assets of the Plan. Therefore, it is our opinion that a formal Actuarial Impact Statement is not required. We recommend that you send a copy of this letter and the ordinance to the Municipal Police Officers and Firefighters' Retirement Trust Funds Office and to the Bureau of Local Retirement Systems. Peter N. Strong is a member of the American Academy of Actuaries and meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuary is independent of the plan sponsor. If there are any questions, please let us know. Sincerely yours, Peter N. Strong, Senior Consultant and Actuary The above communication shall not be construed to provide tax advice, legal advice or investment advice. 13.A. Future Agenda Items 7/6/2021 Requested Action by Commission: Discussion on funding for expanding W i-Fi to City parks. - Will be presented during Budget Workshops Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1201 of 1207 13.B. Future Agenda Items 7/6/2021 Requested Action by Commission: State Representative Emily Slosberg to provide an update on the 2021 Florida Legislative Session. - July 20, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1202 of 1207 13.C. Future Agenda Items 7/6/2021 Requested Action by Commission: Approval of Lease Agreements for City Hall Innovation Space and Cafes Operators - July 20, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1203 of 1207 13.D. Future Agenda Items 7/6/2021 Requested Action by Commission: Consider a recommendation from the PBC Supervisor of Elections to amend the City's candidate qualifying dates and canvassing board for the March 8, 2022 election - July 20, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1204 of 1207 13.E. Future Agenda Items 7/6/2021 Requested Action by Commission: Proposed Ordinance No. 21-020 - First Reading - Approval of Ordinance creating Monument Policy for the City. (Tabled from the June 15, 2021 City Commission Meeting) - July 20, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1205 of 1207 13. F. Future Agenda Items 7/6/2021 Requested Action by Commission: Discussion regarding the use of the Historic Woman's Club of Boynton Beach. - July 20, 2021 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1206 of 1207 13.G. Future Agenda Items 7/6/2021 Requested Action by Commission: Mayor Grant requested a discussion about the possibility of a Parks & Recreation Bond. - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 1207 of 1207