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Agenda 10-05-21The City of Boynton Beach City Commission Agenda Tuesday, October 5, 2021, 5:30 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. °a�1111rIN°„',mf www. boy nton- beach. org Page 1 of 510 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 October 5, 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 2of510 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 3of510 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call Invocation by Rev. Laurie Durgan, Unity of Delray Beach Pledge of Allegiance to the Flag led by Commissioner Romelus 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. Palm Beach County Supervisor of Elections, Wendy Link, to provide information on polling place safety precautions due to COVI D-19 and the ballot format for the March 2022 election. B. The PBC School District and the Education Foundation of PBC will provide an update to the City Commission on the Digital Inclusion Program. C. Glenn Weiss, Public Art Manager, to announce opening of "Dual Conversations" exhibit at the Arts & Cultural Center. D. Announcement by Rebecca Harvey, Sustainability Coordinator about the City of Boynton Beach's tree planting event on October 9 at Galaxy Park. E. Proclaim October 6, 2021 as Energy Efficiency Day in the City of Boynton Beach. Rebecca Harvey, Sustainability Coordinator, will accept the proclamation. 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. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. B. Review and approve priorities for the Public Art Program as drafted by the Art Advisory Board during the public workshop on August 21, 2021 and approved by the Art Advisory Board during it's regular meeting on September 9, 2021. 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. Authorize utilizing the Law Enforcement Trust Fund (LETF) in the amount of $23,000.00 for the purchase of gift cards and gun packaging/processing materials to incentivize and encourage firearm owners to safely dispose of unwanted firearms. Page 4of510 B. Proposed Resolution No. R21-134 - Authorize the City Manager and Police Chief to accept a $35,000 grant award and sign all documents associated with the grant agreement for the Florida Department of Transportation (FDOT) Occupant Protection grant subject to the approval of the City Attorney. C. 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 October 5, 2021 - "Request for Extensions and/or Piggybacks." D. Proposed Resolution No. R21-135 - Approve and authorize the Mayor to sign sub recipient agreements for the Community Development Block Grant (CDBG), as adopted in the CDBG FY 2021 One Year Annual Action Plan, R21-091. E. Proposed Resolution No. R21-136 - Approve and Authorize the City Manager to sign a five (5) year agreement with Ballard Partners, Inc. of Tallahassee, FL for Appropriations Lobbyist Services for the City of Boynton Beach with an estimated annual amount of $60,000 plus expenses. F. Approve piggyback utilizing Palm Beach County contract # 750772C with American Water Chemicals, Inc. for antiscalant, used for the West Water Plant nano -filtration membranes, for an annual estimated expenditure of $42,000. G. Legal Expenses - August 2021 - Information at the request of the City Commission. No action required. H. Approve minutes from the September 8, 2021 and September 21, 2021 City Commission meetings. 7. Consent Bids And Purchases Over $100,000 A. Approve Task Order # LS -08-2021 with Florida Design Drilling Corporation in accordance with RFQ 028-2821-19/MFD, Pre -Qualification of Contractors for Utility Construction Services awarded by commission on August 6, 2019. The Scope of Work is for the Master Pumping Station #309 Pump # 2 Replacement in the sum of $119,000.00 based on unit costs provided by Florida Design Drilling Corporation in their respective bid. B. Approve an increase to the estimated annual expenditure of the US Communities Contract # R- TC -17006 with Amazon Business in the amount of $110,000, increasing the estimated annual expenditure from $65,000 to $175,000. C. Approve Task Order UT -1E-05 with Gentile Glas Halloway O'Mahoney & Associates, Inc. in the amount of $148,762.10 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 provide design, permitting, bid assistance, and construction administration services for a new EcoPark located in Quantum Park. D. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for October 5, 2021 - "Request for Extensions and/or Piggybacks Over $100,000." E. Approve an increase of $42,000 with Brenntag Mid -South, Inc., for the purchase of Sodium Hydroxide, utilizing the City of Boynton Beach Bid No. 015-2821-19/IT . This will bring the total approved expenditure to $210,658. 8. Public Hearina 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. Page 5of510 9. City Manager's Report A. Consider and approve use of American Rescue Plan Act (ARPA) funds to provide pandemic premium pay to City employees. 10. Unfinished Business - None 11. New Business A. Consider a request from the Palm Beach County Human Rights Council regarding a resolution and placement of a plaque at the Pride Intersection. 12. Legal A. Authorize the City Manager to co-sign a US Army Corps of Engineers Application for Permit for Hampshire Gardens to construct a replacement seawall. B. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: LATOSHA CLEMONS, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, Defendant — Palm Beach County Circuit Court Case Number: 50 2021CA004638XXXXMB AE 13. Future Agenda Items A. Head Start Purchase and Sale Agreement - October 19, 2021 B. Hazard Mitigation Grant Award for Potter and Dimmick Roads - October 19, 2021 C. Mobility Plan & Technical Report - October 19, 2021 D. Draft Ordinance for Disposition of City -owned Property. - November 2, 2021 E. Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question in August 2022 - November 2, 2021 F. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - November 16, 2021 G. National Flood Insurance Program Community Rating System Update- November 16, 2021 H. Sign Code Amendments - November 16, 2021 Representatives from F I U will present the Diversity & Equity Assessment of City Systems (Internal Assessment) - November 16, 2021 J. City lobbyist Mat Forest to give a preview of the 2022 State Legislative Session 2022 and discuss the City's annual Legislative Agenda. - December 7, 2021 K. Consultant Presentation of Housing Needs Assessment - December 7, 2021 L. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD M. Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - TBD N. Discuss Building Safety Inspection Program- TBD O. Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD 14. Adjournment Notice Page 6of510 If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (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 a service, program, or activity conducted by the city. Please contact the City Clerks office, (561) 742- 6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication of the agenda on the city's web site. Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 7of510 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 10/5/2021 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Roll Call Invocation by Rev. Laurie Durgan, Unity of Delray Beach Pledge of Allegiance to the Flag led by Commissioner Romelus 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: Is this a grant? Grant Amount: Attachments: 1.A. Opening Items 10/5/2021 Page 8of510 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 10/5/2021 Page 9of510 Requested Action by Commission: Palm Beach County Supervisor of Elections, Wendy Link, to provide information on polling place safety precautions due to COVI D-19 and the ballot format for the March 2022 election. Explanation of Request: Palm Beach County Supervisor of Elections, Wendy Link will provide information on polling place safety precautions due to COVI D-19 and the ballot format for the March 2022 election. She will also demonstrate how to use the voting equipment. 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 10 of 510 Requested Action by Commission: The PBC School District and the Education Foundation of PBC will provide an update to the City Commission on the Digital Inclusion Program. 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 11 of 510 3.C. Announcements, Community and Special Events and Presentations 10/5/2021 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 10/5/2021 Requested Action by Commission: Glenn Weiss, Public Art Manager, to announce opening of "Dual Conversations" exhibit at the Arts & Cultural Center. Explanation of Request: Dual Conversations Laura Marsh and Gillian Kennedy Wright Speaking with Textiles October 8 - November 20, 2021 Exhibit Opening on Friday, October 8, 2021 from 5:30-7:30 p.m. How will this affect city programs or services? Provides visual art exhibitions while activating the Arts & Cultural Center Fiscal Impact: $500 total costs from Public Art Fund Alternatives: Strategic Plan: Culturally Distinct Downtown Strategic Plan Application: Displays artwork and attracts visitors to downtown Climate Action Application: None Is this a grant? Grant Amount: Attachments: Type ddEsir:dUlirn Description Aire Show w Il rna gE)S Page 12 of 510 1 K3M Requested Action by Commission: Announcement by Rebecca Harvey, Sustainability Coordinator about the City of Boynton Beach's tree planting event on October 9 at Galaxy Park. Explanation of Request: The City of Boynton Beach and Community Greening are hosting a tree planting event at Galaxy Park on Saturday, October 9 from 9:00-11:30am. Location: 301 NW 4th Ave. and Galaxy Way, Boynton Beach, FL 33435 Details and volunteer registration can be found at www.communitygreening.org/events or on the City's online event calendar at www.boynton-beach.org. How will this affect city programs or services? The tree planting event will contribute toward meeting the citywide goal of planting 3,000 trees per year to increase the tree canopy from 16.1 % to 20% by 2035 (Resolution R20-091, September 1, 2020). Fiscal Impact: On December 1, 2020, the City executed an I nterlocal Agreement with the Boynton Beach Community Redevelopment Agency (CRA) to reimburse the City for trees, materials, and equipment associated with tree plantings within the CRA Area through December 31, 2021. The City will cover the associated labor costs of the planting event, which are allocated in the Utilities Sustainability Account #401- 2821-536.95-44. Alternatives: Not announce the tree planting event. Strategic Plan: Public Health and Safety , Environmental Sustainability Strategic Plan Application: Trees provide many benefits for the environment and public health, including urban heat island reduction, air pollution reduction, carbon sequestration, wildlife habitat, and improvements in mental and physical health. Climate Action Application: 2020 Climate Action Plan Strategy C-1.5 Urban Forestry. Is this a grant? Grant Amount: Page 19 of 510 Attachments: Page 20 of 510 3.E. Requested Action by Commission: Proclaim October 6, 2021 as Energy Efficiency Day in the City of Boynton Beach. Rebecca Harvey, Sustainability Coordinator, will accept the proclamation. Explanation of Request: In recognition of the annual national Energy Efficiency Day on October 6, 2021, the City of Boynton Beach is joining regional and national organizations, businesses, utilities, universities, and individuals working to promote energy efficiency —the cheapest, quickest way to meet our energy needs, cut utility bills, and reduce pollution. Energy efficiency and other clean energy policies and programs can help strengthen economic opportunities and local job creation. How will this affect city programs or services? Observing Energy Efficiency Day will help the City promote the Energy Edge Rebate Program, the Property Assessed Clean Energy (PACE) financing program, the free conservation kits for residents, and other programs and initiatives in the 2020 Climate Action Plan. Fiscal Impact: There is no impact to the City's budget. Alternatives: Not proclaim October 6, 2021 as Energy Efficiency Day. Strategic Plan: Building Wealth in the Community, Public Health and Safety , Environmental Sustainability Strategic Plan Application: Energy efficiency helps to meet our energy needs and sustainability goals, reduces air pollution, and reduces utility bills for residents and businesses. Climate Action Application: 2020 Climate Action Plan Strategy C-2.2 Energy Efficiency & Conservation. Recommended action: Continue to observe National Energy Efficiency Day each October and conduct year- round outreach to educate and engage residents in energy efficiency. Is this a grant? Grant Amount: Attachments: Type Flira:aaJa irna tioin Description Flita:aaJa irna tioin Page 21 of 510 pro e I CGAM Cation WHEREAS, energy efficiency is the cheapest, quickest, and cleanest way to meet our energy needs, avoid dangerous pollution, and reduce utility bills for residents and businesses in our community. Energy efficiency can also make our homes and workspaces healthier, safer, and more comfortable; and WHEREAS, smarter energy use reduces the amount of electricity we need to power our lives, which helps avoid power plant emissions that can harm our health, pollute our air, and warm our climate. For cities and states like ours that are trying to tackle harmful pollution, energy efficiency can get us about halfway toward our emissions reduction goals; and WHEREAS, cutting energy waste saves U.S. households billions of dollars on their utility bills every year, up to $500 per household from appliance efficiency standards alone; and WHEREAS, implementing energy efficiency and other clean energy policies and programs can help boost economic opportunities and job creation while continuing to move the City of Boynton Beach toward a sustainable future; and WHEREAS, a nationwide network of energy efficiency groups and partners has designated the first Wednesday in October as national annual Energy Efficiency Day; and WHEREAS, residents of Boynton Beach can contribute to our energy efficiency efforts by practicing smarter energy use in their daily lives and participating in the City's Energy Edge Rebate Program; NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the 6th of October Two Thousand Twenty-one as: ENERGY EFFICIENCY DAY IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida to be affixed at Boynton Beach Florida, the 5th day of October, Two Thousand Twenty-one. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk 5.A. Administrative 10/5/2021 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 ttacftrTIENI'lt ttacftrTIENI'lt Description ppoiir:tirTIE)i is air:d Appicaints for 0ctolbENr 5, 2021 Morris, Davey Page 23 of 510 Appointments and Applicants for October 5, 2021 Art Advisory Board III Romelus Alt 1 yr term to 3/22 Applicant: None Affordable Housing Advisory Committee Mayor Grant Residential home building 3 yr term Vice Mayor Hay Banking/mortgage industry 3 yr term I Katz Affordable home building 3 yr term IV Penserga For-profit provider of affordable housing 3 yr term III Romelus Represents employers within the City of 3 yr term Boynton Beach Applicant: Davey Morris Residential home building 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 IV Penserga Student 1 yr term to 3/22 (Voting) Mayor Grant Student 1 yr term to 3/23 (Non -Voting) 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 C:\Program Files (x86)\neevia.com\docConve rte rPro\temp\NVDC\E3D13BFB-BA05-47A5-875A-F418F4D81C35\Boynton Beach.29537.1.Appointments_for _10-05- 21.docx Page 24 of 510 Appointments and Applicants for October 5, 2021 Library Board Vice Mayor Hay Alt 1 yr term to 3/22 1 Katz Alt 1 yr tern to 3/22 Applicants: None Recreation and Parks IV Penserga Reg 2 yr term to 3/23 Vice Mayor Hay Alt 1 yr term to 3/22 III Romelus Alt 1 yr term to 3/23 Applicants: None Senior Advisory Board Mayor Grant Reg 2 yr Term 3/23 Applicants: None C:\Program Files (x86)\neevia.com\docConve rte rPro\temp\NVDC\E3D13BFB-BA05-47A5-875A-F418F4D81C35\Boynton Beach.29537.1.Appointments_for _10-05- 21.docx Page 25 of 510 Stanzione, Tamm From: DAVEYMORRIS <noreply@123formbuilder.com> Sent: Tuesday, September 21, 2021 4:20 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: D_Morris_Resu me_9-21-21.pdf Today's date 09/21/2021 Name DAVEY MORRIS Phone number 561-670-7411 Address 15743 92ND CT N WEST PALM BEACH FLORIDA 33412 United States Email DAVEYMORRIS@COM CAST. NET Current occupation or, if retired, prior GENERAL CONTRACTOR occupation Education BS ARCHITECTURE Are you a registered Yes voter? Do you reside within the Boynton Beach No City limits? Do you own/manage a business within City No limits? If "yes", name of SUNNY SOUTH CONSTUCTION business: Are you currently serving on a City No board? Have you served on a No City board in the past? If "yes", which board(s) and when? Have you ever been NO convicted of a crime? If "yes", when and where? Advisory Board Affordable Housing Advisory Committee Page 26 of 510 If appointed by the City Commission to serve as Board Chair orYesVice Chair are you willing to serve in this capacity? Personal Qualificationspractice architecture for over 35 years, building airports and hotels. became a state certified general contractor in 2009 where i design and build infill and other homes for various municipalities in Florida Professional state certified general contractor Memberships Feel free to attach/upload an extrahttps://form.123formbuilder.com/upload did php7fileid=cic3ff0144e665f48922b2d19de14ed1 sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.85.155.247 (United States) at 2021-09-2115:20:09 on Chrome 93.0.4577.82 Entry ID: 487 Referrer:https://www.boynton-beach.org/ Form Host: https://form 123formbuilder com/583214/advisory-board-appointment-application Page 27 of 510 Davey F. Morris 15743 92ND Court N. West Palm Beach, Florida 33412 (561)670-7411 Email daveymorris@Comcast.net Education University of Florida, Bachelor of Architecture, 1981 Palm Beach Junior College, A A Degree, Architecture, 1978 Jamaica School of Art, Jamaica West Indies, Diploma, 1976 Kingston Collage, Jamaica West Indies, Diploma 1 Accreditation, 1975 Achievements Six Sections of the A.R.E. State Certified General Contractor Experience State of Florida Certified General Contractor 2009 to present state certified general contractor. In the role I build new infill homes and Re-hab existing home for various counties and cities in the state of Florida Sr. Project Manager 1 Project Coordinator Song and Associates August 2007- Present West Palm Beach Florida 33401 Duties include construction administration t producing construction document and specification. Supervising a staff of four (4) or more. Checking Pay Apps, shop drawing etc. general supervision of employees, and hands on construction management. Being involved with, meeting City Officials on a daily basis. Meet with the clients, contractor and subs. Marketing the firm to prospective clients and Attending presentation to seek new contracts. Proficient with AutoCAD 9, thru 2009. Excel, Prolog and Micro station List of proiects include City of West Palm Beach City Hall City of West Palm Beach Public Library City of West Palm Beach Parking Garage Martin County Public School Palm Beach Community Collage RS&H July 2000- August 2007 Jacksonville Florida 33154 Project Manager I Project Architect- in Aviation Duties include construction administration 1 producing construction document and specification. Supervising a staff of four (6) or more. Being involved in, presentations nationwide. Meeting with the clients, contractor and subs. On large and small scale airports on a national level List of proiects include. Brunswick Golden Isles Airport Page 28 of 510 Jacksonville International Airport Montgomery International airport Melbourne international airport Lansing Airport Bishop International airport Gainesville Airport Cayman island International airport Springfield international airport Pensacola international Airport Flagler Regional Airport Beame Architectural Partnership, July 1995 — July 2000 Coral Gables, Florida 33134 Project Manager / Network Administrator 1 M.I.S. Director Duties include construction administration/project management of high rise office and residential towers. Extensive interaction with clients, owners, and consultants. Regularly conduct on site A.D.A. site surveys and write building specifications. Responsible for producing working drawings using Acad Rel. 14 or Acad 2000/ Desktop Rel. 2 while supervising a staff of five people. In addition, manage and maintain 32 work stations and a Novell 4.11 network system. Project experience • 220 Alhambra located in Coral Gables Florida: Mixed-use complex approximately 180,000 SF with thirteen levels of office/retail and nine levels of garage. Project cost was $19 million. • Harbour House located in Bal Harbour Florida. Two high rise towers with a total of 804 residential units. Extensive renovations of approximately $23 million. Avino & Associates, Inc., January 1994 - July 1995 Miami, Florida 33175 Project Architect /CADD Manager Responsibilities included production drawings on developmental housing in Dade and Broward Counties using AutoCAD Rel 12 and AdCadd Rel 12 packages. Increased efficiency within the organization by setting up a computer system for production and design implementation. Robert Fine & Associates, January 1993 - January 1994 Coral Gables, Florida 33146 Project Architect/CADD Manager Duties also included performing A.D.A. surveys in Dade, Broward and Palm Beach Counties. Responsible for the production of construction documents and preliminary designs on AutoCAD. Dewberry and Davis, March 1991 - January 1993 Fairfax, VA Project Architect Responsibilities included project coordination and production of working drawings. Produced the construction documents for Rockwell International which is a luxury office complex and conference center facility consisting of approximately 1,000,000 SF located in Fairfax, Virginia. Page 29 of 510 Gordon & Greenberg, Inc., March 1985 - October 1990 Baileys Crossroads, VA Architect Specialized in hotel, luxury office, and health care facilities. My responsibilities included project coordination, reviewing shop drawings, writing construction specifications, and preliminary design and development. Project experience Produced construction documents for the following: • Fairfax Park Marriott Hotel located in Falls Church, Virginia • Center Park Holiday Inn located in Calverton, Maryland • The Resident located in Herndon, Virginia • Woodland Park Hotel & Office building complex located in Herndon, Virginia • The Days Inn Hotel located in Arlington, Virginia. • Imperial Health Care Facilities, located in Richmond, Virginia, • Vision Works located in Springfield, Virginia. Rocco V. Tricarico A.I.A., June 1984 - March 1985 Architects and Land Developer Springfield, VA Architectural Designer Responsibilities included the filing and follow up procedure for building permits, subcontractor coordination, and job inspections for projects under construction. In addition, gained experience in several aspects of architecture including preparation of working drawings for Modular Housing Projects and testing new types of architectural products (i.e. Grail Coat). Project experience New Construction: • The Marcus Garvey Apartment Building located in Bronx, New York • Springfield Interchange located in Springfield, Virginia • The Pomponio Residence located in Great Falls, Virginia Additions/Renovations: • The Hawkins Residence, located in College Park Maryland • The Nagley Residence located in Falls Church Virginia • The Stansfield Residence located in Arlington Virginia • Hour Eyes Optical Centers located in Maryland, Washington D.C. and Virginia • Jhoone Ree Karate Studio located in Fairfax, Virginia. Page 30 of 510 5.B. Administrative 10/5/2021 Requested Action by Commission: Review and approve priorities for the Public Art Program as drafted by the Art Advisory Board during the public workshop on August 21, 2021 and approved by the Art Advisory Board during it's regular meeting on September 9, 2021. Explanation of Request: In July 2021, the City Commission approved a workshop of the Art Advisory Board to discuss and make recommendations to the City Commission on priorities for Art in Public Places and the visual arts in Boynton Beach. How will this affect city programs or services? The priorities will be reflected in the programs of the Public Art Division in FY22. Fiscal Impact: Alternatives: Strategic Plan: Culturally Distinct Downtown, Building Wealth in the Community, Transportation and Mobility , High Performing Organization, Public Health and Safety , Environmental Sustainability Strategic Plan Application: The recommendations include the support of downtown as a cultural destination, to assist communities and neighborhoods through the imagination and actions of artist, to support the diverse communities and artists and to work with other divisions. Climate Action Application: The Public Art Division will collaborate with City agencies on their objectives such climate action plan. Is this a grant? Grant Amount: Attachments: Type Description ttaclhtirTIENI'll AirtAdvisoiry Board If s::aair��ir���sir:da��liaair:a:> Page 31 of 510 Recommendations to the Boynton Beach City Commission Art in Public Places and Visual Arts in the City of Boynton Beach Art Advisory Board Workshop August 21, 2021 Boynton Beach City Hall Art Advisory Board in Attendance Courtlandt McQuire, Chair, Marcia Levine, Vice Chair Board Members: Kelli Drum, Clovis Moodie, Ace Tilton Ratcliff Alternate: Ellen ,Jones City Staff Glenn Weiss, Public Art, Veronica Inberg, Arts & Cultural Center, David Scott, Economic Development, Catherine Cherry-Guberman, Minutes Specialist Summary On August 21, 2021, the Art Advisory Board held a workshop to discuss priorities to recommend to the City Commission. The summary of recommendations was approved at the September 9, 2021 Art Advisory Board Meeting. Recommendations A) Recommended program objectives and the resulting recommended artwork themes, types and locations within the city in a priority order. 1) Increase participation of artists with diverse backgrounds in the Public Art Program, including exhibitions and purchases of their artworks for the City. 2) Continue to develop the City and private public art collections as a collection of 21 st century artworks by artists connected to Palm Beach County and South Florida. 3) Maintain the positive distribution of public artworks throughout the City while expanding the intensity and scale of downtown as a tourist destination and community gathering place. Art Advisory Board recommendations to the City Commission, Approved by AAB 9/9/2021 Page 1 of 2 Page 32 of 510 Recommendations to the Boynton Beach City Commission 4) Enhance City facilities and CRA initiatives through collaboration of artists in the design of structures, sidewalks, parks, welcome signage, graphics, tree planting and other items & places. B) Evaluation and recommended proposals for Kinetic Biennial, Ave of the Arts and new programs in the FY22 & FY23 for the betterment of the City and grant opportunities. 1) As the signature artistic event for Boynton Beach and Palm Beach County residents and tourists, expand the scale, breadth and engagement of the Boynton Beach Kinetic Biennial. 2) Develop a mural program with private collaboration and support. 3) Provide and support opportunities for Boynton Beach and other artists to sell their artwork or secure new art commissions. 4) Develop and implement fundraising methods for all visual and public art programs such as government and foundation grants, private donations, corporate sponsorships, ticketed events and online crowdfunding. C) Recommended policy and methods to enhance public art education, communication and participation especially by diverse communities, city visitors and artists. 1) Establish an accessible and active online presence for the permanent public art in Boynton Beach and the visual art events and programs of the City and its artists. 2) Collaborate with neighborhood associations, businesses and non -profits in the development and creation of public art such that the artwork meets a variety of community objectives including an expansion of participation by diverse communities. 3) Develop additional educational materials and events for all existing and future artworks such as GPS audio tours, detailed onsite informational plaques, paper brochures, in-person guided tours, and artist presentations. 4) Further engage Boynton Beach K-12 students and art teachers in the public art program. Art Advisory Board recommendations to the City Commission, Approved by AAB 9/9/2021 Page 2 of 2 Page 33 of 510 Consent Agenda 10/5/2021 Requested Action by Commission: Authorize utilizing the Law Enforcement Trust Fund (LETF) in the amount of $23,000.00 for the purchase of gift cards and gun packaging/processing materials to incentivize and encourage firearm owners to safely dispose of unwanted firearms. Explanation of Request: On Saturday, June 5, 2021, the Boynton Beach Police Department hosted its first ever Gun Buy -Back program which was a tremendous success. Commission had approved $15,000 for this previously held event. For the event,community members turned in 133 firearms (50 of which were handguns and 83 were long guns). Prior to the start of the event, there were several dozen cars lined up along Seacrest Boulevard for the opportunity to participate in the program. Due to the increasing number of additional cars that arrived during the first half-hour of the event, the department recognized that the gift cards would be quickly depleted. Based on Command Staff's assessment, the decision was made to purchase additional gift cards from Walmart and Target totaling $3,000.00, in order to reduce the number of individuals turned away at the event. This additional expense will be allocated from the $23,000 in this requested authorization. The remaining $20,000.00 would be used to purchase gift cards and supplies for the 2nd Annual Gun Buy -Back event. How will this affect city programs or services? This crime prevention program helps to reduce criminal access to firearms in the community, mobilize the community by raising awareness, and provide opportunities for the safe disposal of unwanted firearms. Fiscal Impact: B udgeted Funding will be taken from LETF donations. Account # 691-5000-590-04-25. Alternatives: The alternative is to not approve the additional funds expended from the LETF and utilize general operating funds. Strategic Plan: Building Wealth in the Community Strategic Plan Application: The department is incredibly proud of the outcome of this crime prevention program and the community's willingness to voluntarily surrender unwanted firearms. The program helps to maintain wealth in the community by safeguarding the vulnerable population from gaining access to unwanted, unused and unsecured firearms. Additionally, due to the overwhelming support and feedback from the community, the department is looking forward to hosting another Gun Buy -Back Program later this year. Page 34 of 510 Climate Action Application: Is this a grant? No Grant Amount: Attachments: Page 35 of 510 Zn Consent Agenda 10/5/2021 Requested Action by Commission: Proposed Resolution No. R21-134 - Authorize the City Manager and Police Chief to accept a $35,000 grant award and sign all documents associated with the grant agreement for the Florida Department of Transportation (FDOT) Occupant Protection grant subject to the approval of the City Attorney. Explanation of Request: The Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $35,000 in sub -grant funding for the 2021-22 funding cycle under the occupant protection and child passenger safety focus area. The funding is allocated for the payment of Police Officer overtime to conduct enforcement operations in high frequency traffic crash and fatality locations. Enforcement of Florida's safety belt and child restraint laws will be accompanied with an educational opportunity to provide occupant protection information to the public. For the past three years, the Boynton Beach Police Department has received funding from this grant program: 2020/2021 - $20,000.00 2019/2020 - $10,000.00 2018/2019 - $15,000.00 How will this affect city programs or services? With the rapid increase in vehicular traffic and the expansion of consumer services in Boynton Beach, there comes a need for the police department to reduce occupant protection related traffic crash injuries and fatalities through preventive seat belt enforcement and education campaigns. The Boynton Beach Police Department will review crash data to determine high frequency locations and conduct enforcement operations to raise awareness on the importance of adhering to occupant protection and child passenger safety laws. Fiscal Impact: Grant funded, will allow City to provide services that would otherwise be funded through the General operating funds. Alternatives: The police department would need to rely on the general fund operating budget to support these enhanced public safety activities. Strategic Plan: Strategic Plan Application: N/A Page 36 of 510 Climate Action Application: N/A Is this a grant? Yes Grant Amount: $35,000.00 Attachments: Type D IRE)S()l LA ti 0 111 Description RE)SOkAboin aCCE)�ptier g F:::DOT (3)iraint aind appirtnkng Ag r'E)E)irT1E)1['1 t Page 37 of 510 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 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND POLICE CHIEF TO ACCEPT A GRANT AWARD AND SIGN ALL DOCUMENTS ASSOCIATED WITH THE GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) OCCUPANT PROTECTION GRANT IN THE AMOUNT OF $35,000.00, SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $35,000 in sub -grant funding for the 2021-22 funding cycle under the occupant protection and child passenger safety focus area; and WHEREAS, the funding is allocated for the payment of police officer overtime to conduct enforcement operations in high frequency traffic crash and fatality locations; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the City Manager and Police Chief to sign all documents associated with the Florida Department of Transportation (FDOT) grant in the amount of $35,000.00 for the Boynton Beach Occupant Protection and Child Passenger Safety Program, subject to the approval of the City Attorney. 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, Florida does hereby S:ACA\RESO\Agreements\Grants\FDOT Grant Child Passenger Safety Prograin (2021) - Reso.docx Page 38 of 510 31 authorize the City Manager and Police Chief to sign all documents associated with the 32 acceptance and grant agreement for the Florida Department of Transportation (FDOT) 33 Occupant Protection grant subject to the approval of the City Attorney, a copy of the Grant 34 Agreement is attached hereto as Exhibit "A". 35 Section 3. This Resolution shall become effective immediately upon passage. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 PASSED AND ADOPTED this 5th day of October, 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\Grants\FDOT Grant Child Passenger Safety Prograin (2021) - Reso.docx YES NO Page 39 of 510 C00111 Consent Agenda 10/5/2021 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 October 5, 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). VENDORS DESCRIPTION OF SOLICITATION SOLICITATION NUMBER RENEWAL AMOUNT TERM Fisher April 1, Annual Scientific Public Water Treatment Plants and Piggy -Back State Contract No. 2021 - Estimate Company, Water Quality Lab Research 4112000 -20 -ACS Laboratory March 31, Expenditure LLC Laboratory Supplies and Chemical and Equipment Supplies 2022 $45,000 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 40 of 510 Is this a grant? Grant Amount: Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt Description IREqLAE)St l:::oi IBlid EAE)insioins aind IFliggy IBaclks .Dir dE)r $100,000 IRENIIE)W,-'.Ill IFliggy IBack StatE) Cointract F::: ishE)r SCiE)llltifiC, II...... II -C. 2021 2022 Page 41 of 510 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS October 5, 2021 REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Brian Heller TERM: April 1, 2021 to March 31, 2022 SOURCE FOR PURCHASE: Piggy -Back off of the State Contract No. 4112000 -20 -ACS ACCOUNT NUMBER: 401-2811-536.52-21; 401-2819-536.52-21 VENDOR(S): Fisher Scientific Company LLC ANNUAL ESTIMATE: $45,000 401-2811-536.52-21 $22,000 401-2819-536.52-21 $23,000 DESCRIPTION: Authorize the renewal to Piggy -Back off of the current Laboratory Equipment and Supplies contract to Fisher Scientific which expired on 3/31/2021. The State contract was renewed for an additional one-year term. Renew the contract term from April 1, 2021 — March 31, 2022 AMENDMENT NO. 1 Alternate Contract Source (ACS) No. 41120000 -20 -ACS For Laboratory Equipment and Supplies This Amendment ("Amendment"), effective as of April 1, 2021, to the Laboratory Equipment and Supplies, Contract No. 41120000 -20 -ACS (Contract), is made by and between the State of Florida, Department of Management Services (Department), and Fisher Scientific Company L.L.C., (Contractor), collectively referred to herein as the "Parties." All capitalized terms used herein have the meaning assigned to them in the Contract unless otherwise defined herein. WHEREAS, on March 2, 2020, the Department entered into the above -referenced Contract with Fisher Scientific Company L.L.C., for the provision of laboratory equipment and supplies; and WHEREAS, pursuant to the terms of the underlying contract, the Department Contract No. 41120000 -20 -ACS (Contract) had an initial term ending March 31, 2021; and WHEREAS, the Parties wish to amend the term of the Contract such that it will expire March 31, 2022; 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. ACS Term Revision. Paragraph 1, Term and Effective Date of the Contract, is hereby deleted and replaced in its entirety as follows: The term of this Contract begins on March 2, 2020. This Contract will end March 31, 2022, unless terminated earlier in accordance with the Special Contract Conditions. II. Contract Amendment. Contract Exhibit B, Special Contract Conditions, Section 13.2, E -Verify is hereby deleted and replaced in its entirety as follows: 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 Page 1 of 2 Page 43 of 510 Alternate Contract Source (ACS) No. 41120000 -20 -ACS For Laboratory Equipment and Supplies this provision, the Vendor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five 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 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. III. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment will control. IV. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. V. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract will continue in full force and effect. IN WITNESS THEREOF, the Parties hereto have caused this Contract, which includes any attached and incorporated Exhibits, to be executed by their undersigned officials as duly authorized. This Amendment is not valid and binding until signed and dated by the Parties. CONTRACTOR STATE OF FLORIDA, FISHER SCIENTIFIC DEPARTMENT OF COMPANY L.L.C. MANAGEMENT SERVICES ••••••- DoeuSlgneeddbby:: - DoeuSig�Z� pafft x/w TQ Ai i rr,G Patterson Er�Patter Tam! Fillyaw Vice President Sales, South Region Chief of Staff 12/14/2020 1 1:06 PM EST 12/17/2020 1 10:17 AM EST Date Date Page 2 of 2 Page 44 of 510 1" Consent Agenda 10/5/2021 Requested Action by Commission: Proposed Resolution No. R21-135 - Approve and authorize the Mayor to sign sub recipient agreements for the Community Development Block Grant (CDBG), as adopted in the CDBG FY 2021 One Year Annual Action Plan, R21-091. Explanation of Request: Local nonprofit service providers of CDBG eligible services and programs to low and low -moderate income residents of the City of Boynton Beach have submitted grant applications requesting funds to assist in the delivery of their services. As the result of approval, they have provided budgets and scopes of services and are contracting with the City of Boynton Beach to be reimbursed. The City has accepted proposals and will reimburse the following agencies for services provided. Alzheimer's Community Care $25,000 Boynton Beach Faith Based CDC $62,366 Total Sub Recipient Funding $87,366 How will this affect city programs or services? The Community Development Block Grant Program's purpose is to assist the City of Boynton Beach meet the needs of its lower income residents. The agencies that are being funded will offer various forms of assistance that are considered public service. These agencies request funding to provide for staffing cost and other administrative cost related to the program. Fiscal Impact: The City will reimburse the following agencies for services provided. CDBG is grant funded: Alzheimer's Community Care $25,000 Boynton Beach Faith Based CDC $62,366 Total Sub Recipient Funding $87,366 Alternatives: Not fund these agencies. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Building wealth within the community Climate Action Application: N/A Page 45 of 510 Is this a grant? Yes Grant Amount: 587,158 Attachments: Type D IRE)S()l LA ti 0 II'l D Ag ir'EsE) rTIE) II'l t D Ag ir'EsE) rTIE) II'l t Description RE)SOkAboin appiroviing aind aUlthoriziing ChE�l IMayor taxa Siglll tWO SLAb ir'Es'CilPiE)int Agir'EsE)irTIENI'ItS for CUBC:y fUlinding CUBC.,y F:::Y 2021 BoyintoinBE�,ach F:::Ali the IBaSEd CDC SL.Jlbir'Es'CilPiE)int Agir'E)E)irTlE)l['lt CUBC.,y F:::Y 2021 AzhE)iirTlE)ir"s CoirnirTlUllllity Ca ir'Es I it Agir'E)E)irTlE)l['lt Page 46 of 510 I RESOLUTION R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN SUB 5 RECIPIENT AGREEMENTS FOR THE COMMUNITY 6 DEVELOPMENT BLOCK GRANT (CDBG), AS ADOPTED IN 7 THE CDBG FY 2021 ONE YEAR ANNUAL ACTION PLAN, 8 R21-091; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, local nonprofit service providers of CDBG eligible services and programs to 11 low and low -moderate income residents of the City of Boynton Beach have submitted grant 12 applications requesting funds to assist in the delivery of their services; and 13 WHEREAS, City Staff is recommending to enter into Agreements with two qualified 14 sub -recipients, who have previously submitted all necessary documentation required, including 15 budgets, scopes of services, and timelines for performance. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 17 BOYNTON BEACH, FLORIDA, THAT: 1g Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption 20 hereof. 21 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 22 authorize the Mayor to sign Agreements between the City of Boynton Beach, Florida and sub - 23 recipients, as follows: 24 1. Alzheimer's Community Care, Inc. $ 25,000.00 25 2. Boynton Beach Faith Based Community Development Corp $ 62,366.00 26 TOTAL SUB -RECIPIENT FUNDING $ 87,366.00 27 S:ACA\RESO\Agreements\Grants\CDBG - SubRecipient Agreements (2021) - Reso.docx 1 Page 47 of 510 28 Section 3. This Resolution will become effective immediately upon passage. 29 PASSED AND ADOPTED this 5th day of October, 2021. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga VOTE ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Agreements\Grants\CDBG - SubRecipient Agreements (2021) - Reso.docx YES NO 2 Page 48 of 510 FY 2021-2022 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMEN......,,, n between CITY OF BOYNTON BEACH, and BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION 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 2191 North Seacrest Boulevard, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65-0971509. 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 PURPOSE 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 49 of 510 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. 1.9 "Low- and Moderate- Income" means a household whose income is within specifiei 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 nonexpenclable property. MR] QZ4*411M PhO Wnfl 1,01 ria IM nau RIM=R- A MENTIOM-311MANTl a ling 'I q ARTICLE III 3.1 The maximum amount payable by the CITY under this Agreement will be sixty -Two Thousand Three Hundred and Sixty -Six Dollars and 00/100(Js�66.0�0 . It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal CDBG Grant funds and funding is contingent upon approval and 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 50 of 510 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, 2021 to September 30, 2022. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Pa ments/A�: r� gement formCause,: 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 Cit 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 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 RECORDS AND REPORTS Page 51 of 510 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 PROGRAMINCOME 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 Vill 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 Count 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 52 of 510 The SSBRECIPIERT shall report its compliance with Section 504 of the Rehabilitation Acl whenever so requested by the CITY. The SUBRECIPIENT 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 Other R irements: ThSUBRECIPIENT shall comply with all federal laws and yM91-t= a e ............ M ............... ............ — regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibies 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 Op, 11 rs for Residents and Civil Ri t omp Jiance. The SUBRP ECIIENT agrees gh s C 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-flIllonitor' -. The S116XECIPIENT agrees that the CITY will carry o171 _g_qR 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 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 theCITYbyHUD. The SUBRECI PI 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 HUD. 1'. 6 Audits: ' Nonprofit organizations that expend $750,000 or more annually in federal award–s all have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-1 33, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each 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 53 of 510 9.7 Uniform Administrative Requirements: 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 Circiular A-1 10, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profi! Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 9.8 Lobbvina 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 fedeX appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress officer or employee of Congress, or an employee of a Member of Congress in connecti with this federal Agreement. 9.9 Section 3 Rec _ The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Sectionavailable 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 every Section 3 covered project: R*�# A�., �T a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housini-. # 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 CFR 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 or other impediment that would prevent them from complying with the Part 135 regulations. Page 54 of 510 c. The SUBRIECIPIENT agrees to send to each labor organization or representMtive of 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 SUBRIECIPIENT'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 SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRIECIPIENT 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. V. Roncompliance witITWOD's regulations in 24 CFR Part 135 may result in sanction termination of this contract for default, and debarment or suspension from future HU assisted contracts. I Insurance: The SUBRIECIPIENT shall furnish to the CITY, c/o the Community I m p r o v e m ent Department, certificate(s) of current insurance coverage. w.l 1 Property: Any real property under the SUsir ECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall 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 SUBRECIPIENT 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 55 of 510 TTWwM ue mer If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CIDBG national objective that will be met. I OID] 91-4.4 01Q,11* 01-Wis.1i 11"LIII011I V -X41 a 1110 OM eltzras Tzi 19MMUSHOK411 M 0 0 W.Tiro 10 iM I UsTA N ro III M = Ms F, o =io, 9 1031 Mrs =#- a M W I A dll Ke LJ IFITC11 IM ;' 111111.41151, MR-77TIaflon Wn Us Mcon -F-r and information on transfer, replacement, or disposition of the property. The SUBRECI PI ENT 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 to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 4t. 12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or i e r . . ......... m ........... i n"a-t i# . . . . ... . .... ... o f t—his -Agreement, all the assets owned or held as a result of this Agreement, including, 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 unearned funds or costs disallowed pursuant to the terms of this Agreement that were 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 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 III this Agreement shall be retained by the CITY. 9.13 Conflicts with 8pplicable Laws., If any provision of this agreement conflicts with any appliGable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 'Renegotiation or Modificatic"10111111:111 Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. - ------- - ----- --- - - Page 56 of 510 shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECI PI ENT 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 days of receipt and so advise the CITY and the SUBIRECIPIENT, or in the event additional time is necessary, the CITY will 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. MFNOOM/ �-# � AD Ts I from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand. SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims 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 SUBIRECIPIENT uses a subcontractor, SUBIRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9. 15. ox M.-Oloin 6141111"�XQU4 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 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 SUBRECIPIENT at the termination of the 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 Page 57 of 510 technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. If SUBRECIPIENTo+ section, contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. SUBRECIPIENT is aware that the Inspectorera Palm Beachy authority 4 investigate andaudit4 Ir negotiation performance this Agreement, demand +. r+ obtain y i oo, SUBRECIPIENT. SUBRIECIPIENTunderstands • agrees that in addition to all other remedies and consequences provided by law, the failure of SUBIRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. Page 58 of 510 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 20 WITNESSES: By: Print Print Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _ day of m 20_, by____ �_ �.........................� Personally Known _ OR Produced Identification _ Type of Identification Produced Seal NOTARY PUBLIC Signature Print ATTEST: CITY OF BOYNTON BEACH, FLORIDA 'll����I'll����I'll��,'ll����I'll����I'll��,'ll��"I'll�����I'll'll����I'll����'ll��������I�mm. . ..................................� By: City Clerk Mayor Approved as to form: City Attorney Page 59 of 510 Boynton Community Development Corporation, Revised CDBG Budget $62,366 $51,282 Salaries $ 4,284 Payroll Taxes $ 800 Benefits $ 6,000 Bookkeeper Scope of Services: We will provide the following services to the public: 1. Homeless Outreach - a. Supportive housing to homeless with behavioral issues b. HIV/AIDS Awareness Community Outreach C. Live Skills, Job placement, 551 & SSD, Medicaid, and Healthcare applications 2. Elder Care Senior Services: a. Social Activities b. Home Delivered Meals C. Financial Assistance - LIHEAP and EHEAP utility applications d. Technology Training and Devices Food Pantry Shopping & Delivery 4. Family Strengthening - Financial Aid a. Housing Counseling- Tenant/Landlord Negotiations and referrals to Legal Aid b. Referrals C. Rental and Utility application assistance d. Thanksgiving meals, baskets, and holiday toys for the community e. SNAP on-line assistance for applications and recertifications 2191 N Seacrest Blvd Post Office Box 337 Boynton Beach, FL 33425 Phone: 561-752-0303 Fax: 561-244-5046 Page 60 of 510 FY 2021-2022 COMMUNITY DEVELOPMENT CK G RAND AGREEMENT between CITY OF BOYNTON BEACH and ALZHEIMER'S COMMUNITY CARE, 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 ALZHEIMER'S COMMUNITY CARE, INC. hereinafter referred to as "the SUBRECIPIENT," having its principal office at 800 Northpoint Parkway, Suite 101-B West Palm Beach, FL 33407 and its Federal Tax Identification Number as 31-1481653. 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 mPU,R„POSE 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 61 of 510 advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "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 fife 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 Twenty -Five Thousand Dollars and 001100 ($25,000.00 . The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAY„NIENT 3.1 The maximum amount payable by the CITY under this Agreement will be Twenty -Five Thousand Dollars and 001100 ($25,000.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal CDBG Grant funds and funding is contingent upon approval and 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. 3.3 Prior to receipt of CDBG funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: Page 62 of 510 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, 2021 to September 30, 2022. ARTICLE V ND TERMINATION 5.1 Termination/Suspension of Pa mentslA reement for Cause: If through any cause either �w 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 Cite: 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 the SUBRECImmPIENT, 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, 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. Page 63 of 510 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 Vill 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. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not Page 64 of 510 limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Pro,�, ram Rer uirements: The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBAlk ECIPIENT does not assume the CITY's environmental responsibes described at 570.604, and b. The SUBIRECIPIENT does not assume the CITY's responsibility for ating the review process under the provisions of 24 CFR part 52. 9.4 Opportunities for Residents and Civil BLiqhts q2,Mp iance,,, The SUBRECIPIENT agrees i -hat 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 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 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 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 HUD, 9.6 Audits: -Aonprofit organizations that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-1 33, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBIRECIPIENT 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 65 of 510 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-110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 9.8 Lobbyinig 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 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 Agreement. 9.9 Section 3 Reg uirements: 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 SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for 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, 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 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 CFR 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 or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers Page 66 of 510 MCO1111114 114MOOM106111-411VI 11104 mr.1ilgLO] d. The SUBRIECIPIENT 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 SUBRECIPIENT 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 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment posons, 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 SUBRECI PI ENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanction termination of this contract for default, and debarment or suspension from future HU9, assisted contracts. M 9.10 'Insurance: The SUBRIECIPIENT shall furnish to the CITY, c/o the Community Improvement Dep.rtment, certificate(s) of current insurance coverage. 9.11 Prope!jy: Any real property under the SUBRIECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall 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 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 67 of 510 name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of 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 nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, 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 unearned funds or costs disallowed pursuant to the terms of this Agreement that were 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 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 shall be retained by the CITY. 9.13 Conflicts with 2[�icaem„m„mm.. as If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 Reneqotiation or Modification,: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.15 Right to 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 SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. Page 68 of 510 9.16 Dis„ utes-. 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 days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will 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. 9.17 Indemnification: SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims 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. 9.18 Public Records: 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 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 SUBRECIPIENT at the termination of the 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. Page 69 of 510 ??#f y©*©2?¥#>»?»2«2»» with this section, m_», a«w§enforce »e contract provisionsin accordance with the contract and may unilaterally cancel this contract ? accordance with state law. ; 2: . �D� br ,� � — SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the w2§#>S / investigate and audit matters i&ting to the negotiation and performance of this Agreement, and may ©email and ?wain records 2t testimony from SUBRECIPIENT. SUBIRECIPIENT understands and agrethat in Qdw§t, 4 /lother remedies and ««w:®©.» provided by &«. the failure ??»L§?ILI§2»tofully cooperate withth Inspect General when requesmay be deemed byte CITY 4 be a material»t2y of this Agreement. Page 70 of 510 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 20_. WITNESSES: 0 Print m„».�„....................�,.�,��,m Prin# ,������� STATE OF FLORIDA COUNTY OF PALM BEACH m����m��.........m Title The foregoing instrument was acknowledged before me this _ day of by Personally Known _ OR Produced Identification _ Type of Identification Produced Seal ATTEST: City Clerk Approved as to form: City Attorney NOTARY PUBLIC Signature Print CITY OF BOYNTON BEACH, FLORIDA By: Mayor 20�, Page 71 of 510 Attachment A Scope of work and Budget Family Nurse Consultant (FNC) Program brings vital resources and support to families coping with Alzheimer's disease or other dementia. Through quarterly home visits and ongoing communication via email and telephone, the nurse evaluates patient health and cognition and caregiver health, burden, and stress level. The FNC then creates a care plan ensuring the health and safety of the patient and caregiver. These plans often include Specialized Alzheimer's Day Care, which has the dual purpose of providing therapeutic care for the patient and life-saving respite for the caregiver. If indicated, families are referred to programs like Supplemental Nutrition Assistance Program (SNAP), Medicaid Long Term Managed Care, elder law attorneys, and home -delivered meals. Caregivers are encouraged to attend FNC-led Support Groups for professional guidance and peer support to better care for themselves and their loved ones. CDBG funding will allow Alzheimer's Community Care's Family Nurse Consultant and ID Locator Service to provide services to 300 individuals (150 patients/150 caregivers) diagnosed with Alzheimer's disease or a related neurocognitive disorder. CDBG funds will be used to provide funding for a portion of the salary for one Family Nurse Consultant who provides services in Boynton Beach. Alzheimer's Community Care, Inc. will cover fringe benefits, and the remainder of the salary will be covered by other grants received. The hourly rate of pay for the Family Nurse Consultant is $26.27. With CDBG funding, the Family Nurse Consultant will provide 951 hours of service. PROJECT BUDGET Line Item CDBG Funds Applicant's Other Project Total Project Requested Match Funds Budget ADMINISTRATION: ?.......... _._ .. ..... Personnel (# 3) . ....--------------- $25,000 $29,641.60(0) 539,669.400(O ........ ) 5�94,, 311 1 Payroll Taxes 45,4650) 45,465 .. Employee Benefits ................................ _.... .' -------------- _ _. 96,321(0) 96,321 Office Supplies 4,165(0) 4,165 J Copy Supplies 860(0) 860 ..... ....,...,, Posta a g _ ., - _____ ......... ..._ _______ ...._ .. ,.,., y,.... 227(0) 227 .... Telephone ...... _....__________________--------- 14,006(0) 14,006 ................. Professional Services � —„ ,, _ . . � . 0 0 ®� .. Vehicle Fuel/Mileage ... . ...... ........ _...... ........ 11,237(0) 11,237 Page 72 of 510 Page 73 of 510 6.E. Consent Agenda 10/5/2021 Requested Action by Commission: Proposed Resolution No. R21-136 - Approve and Authorize the City Manager to sign a five (5) year agreement with Ballard Partners, Inc. of Tallahassee, FL for Appropriations Lobbyist Services for the City of Boynton Beach with an estimated annual amount of $60,000 plus expenses. Explanation of Request: Agreement Term: October 1, 2021 - September 30, 2026 As State funding continues to shrink and unfunded mandates increase, it is increasingly important for the City to have an active legislative program. Ballard Partners, Inc. will assist the City in developing a legislative agenda and engage in advocacy as needed and/or requested to promote the City's position on priority issues. They will inform and advise the City regarding any proposed and/or actual changes in laws, with particular emphasis on changes that might result in unfunded mandates or negatively impact the City's home rule powers as well as propose and develop opportunities that will access funding at the policy making level. The City's APM considers lobbyist services exempt from procurement bidding processes and therefore this meets the City's standards for bidding. How will this affect city programs or services? These services assist the City in the acquisition of state funds. Fiscal Impact: Budgeted: 001-1211-512.49-17 Alternatives: Not secure lobbyist assistance at the State level. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Page 74 of 510 Vendor Name: Ballard Partners, Inc. Start Date: 10/1/2021 End Date: 9/30/2026 Contract Value: $60,000 annually Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Two (2) one-year renewal options Attachments: Type D IRE)S()ll LA ti 0 111 D Ag ir'E�'E) rTIE) 111 t Description lRE)SOkAtioin approviing Agir'E)E)irT1E)1['1t with IBalllla ird Fla irtl['IE)rs (Iobbyist) Appiropiriatioin I obbyist SE)ir'\ACE)S Ag r'E)E)irT1E)1['1 t Page 75 of 510 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A FIVE (5) YEAR AGREEMENT WITH BALLARD PARTNERS, INC. OF TALLAHASSEE, FL FOR APPROPRIATIONS LOBBYIST SERVICES FOR THE CITY OF BOYNTON BEACH WITH AN ESTIMATED ANNUAL AMOUNT OF $60,000 PLUS EXPENSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as State funding continues to shrink and unfunded mandates increase, it is imperative that the City have an active legislative program; and WHEREAS, Ballard Partners, Inc. will assist the City in developing a legislative agenda and engage in advocacy as needed and/or requested to promote the City's position on priority 15 issues; and 16 17 18 19 20 21 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 a five (5) year agreement with Ballard Partners, Inc. of Tallahassee, FL for Appropriations Lobbyist Services for the City of Boynton Beach with an estimated annual amount of $60,000 plus expenses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 24 25 26 27 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 and authorizes the City Manager to sign a five (5) year agreement with Ballard Partners, Inc. of Tallahassee, FL for Appropriations Lobbyist Services for the City of Boynton S:ACA\RESO\Agreements\Ballard Partners Agreement (Lobbyist) - Reso.docx -1- Page 76 of 510 28 Beach with an estimated annual amount of $60,000 plus expenses. A copy of the Agreement 29 is attached hereto and incorporated herein as Exhibit "A". 30 Section 3. That this Resolution shall become effective immediately. 31 PASSED AND ADOPTED this 5th day of October, 2021. 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ATTEST: 47 48 49 Crystal Gibson, MMC 50 City Clerk 51 52 53 (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\Ballard Partners Agreement (Lobbyist) - Reso.docx -2- VOTE YES NO Page 77 of 510 PROFESSIONAL SERVICES AGREEMENT FOR APPROPRIATION LOBBYIST SERVICES THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", BALLARD PARTNERS INC. a corporation authorized to do business in the State of Florida, with a business address of 201 East Park Avenue, 5t" Floor, Tallahassee FL 34301, hereinafter referred to as "CONSULTANT'. In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. WHEREAS, the CITY determined that CONSULTANT is qualified for appointment to perform the scope of services set forth in Exhibit A; and WHEREAS, the City Commission on October 5, 2021, determined that CONSULTANT is qualified for appointment to perform the scope of services; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT hereby agrees to perform the Appropriation Lobbyist services, as more particularly described in the scope of services, attached hereto as Exhibit "A" and by this reference made a part hereof. 1.2 CONSULTANT shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for herein, and all work performed under this Agreement shall be done in a professional manner. 1.3 CONSULTANT assumes professional and technical responsibility for the performance of its services to be provided hereunder in accordance with recognized professional and ethical guidelines established by their profession. If within one year following completion of its services, such services fail to meet the aforesaid standards, and the CITY promptly advises CONSULTANT thereof in writing, CONSULTANT agrees to re -perform such deficient services without charge to the CITY. 1.4 The relationship between CITY and CONSULTANT created hereunder and the services to be provided by CONSULTANT pursuant to this Agreement are non-exclusive. CITY shall be free to pursue and engage similar relationships with other contractors to perform the same or similar services performed by CONSULTANT hereunder, so long as no other consultant shall be engaged to perform the specific project(s) assigned to CONSULTANT while CONSULTANT is so engaged without first terminating such assignment. CONSULTANT shall be free to pursue relationships with other parties to perform the same or similar services, whether or not such relationships are for services to be performed within the CITY, so long as no such relationship shall result in a conflict of interest, ethical or otherwise, with the CITY's interests in the services provided by CONSULTANT hereunder. 1.5 CONSULTANT shall not utilize the services of any sub -consultant without the prior written approval of CITY. 1.6 The CITY's Representative during the performance of this Agreement shall be: Mara Frederiksen Director of Financial Services 100 East Ocean Avenue Boynton Beach, FL 33435 561-742-6312 gg 1.7 The CONSULTANT'S Representative during the performance of the Agreement shall be: Mat Forrest Ballard Partners, lnc. 201 East Park Avenue, 5th Floor, Tallahassee FL 34301 561-253-3232 ARTICLE 2 - TERM 2.1 The initial Agreement period shall be for an initial term of five (5) years, commencing on October 1, 2021. The CITY reserves the right to renewthe Agreement for two (2) additional one (1) year periods, under the same terms, conditions. The services to be performed during the initial five (5) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY's discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one -hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Agreement shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of a purchase order. CONSULTANT shall perform all services and provide all work products required pursuant to this Agreement within the time period set forth herein unless otherwise agreed to in the purchase order. ARTICLE 4 - PAYMENT 4.1 The CONSULT ANT shall be paid $60,000 plus expenses annually by the CITY for completed work and for services rendered under this agreement as follows: Page 79 of 510 A. Payment for the work provided by the CONSULTANT shall be made promptly on all invoices submitted to the CITY properly. B. The CONSULTANT may submit invoices to the CITY during the progress of the contract term. Invoices shall include information such as the date(s) of service, type of service(s) performed, length of time spent, the level/status of the employee performing the task if relevant, all applicable fees and costs, an adequate description for all fees and costs, and any other information reasonably required by CITY. Such invoices will be reviewed by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. C. Final payment of any balance due to the CONSULTANT of the total 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. The 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. F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications, and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with CONSULTANT's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk and without liability to CONSULTANT and CONSULTANT'S sub -CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for [service description]. In submitting its response to the RFP, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this Service Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION 9.1 The CONSULTANT shall indemnify and hold harmless the CITY, its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents, or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the CONSULTANT, its employees, agents, partners, principals or subcontractors. The CONSULTANT shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. 9.2 The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. 9.3 Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Director of Human Resources and Risk Management. All policies shall be written by an insurance company authorized to do business in Florida. CONSULTANT shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: A. Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. Page 81 of 510 The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 1. Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products -Completed Operations and Contractual Liability with specific reference to Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. C. Business Automobile Liability: The CONSULTANT shall procure and maintai i for the life of this Agreement, Business Automobile Liability Insurance. T CONSULTANT shall maintain a minimum amount of $1,000,000 combined sing limit for bodily injury and property damage liability to protect the CONSULTA from claims for damage for bodily and personal injury, including death, as well from claims for property damage, which may arise from the ownership, use maintenance of owned and non -owned automobile, included rented automobile whether such operations be by the CONSULTANT or by anyone directly indirectly employed by the CONSULTANT. V Professional Liability (Errors and Omissions) Insurance: The CONSULTAN shall procure and maintain for the life of this Agreement in the minimum amount $1,000,000 per occurrence. I Umbrella/Excess Liability Insurance in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Liability, Auto Liability, and Employer's Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. 10.2 CONSULTANT shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. 10.3 The CITY shall be named as an additional insured. The coverage shall contain nJ limitations on the scope of protection afforded the CITY, its officers, officials, employees, or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party, reduced in coverage in limits except after thirty (30) days prior written notice by either certified mail, return receipt requested, has been given to the CITY. 10.4 The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Director of Human Resources and Risk Management. The CITY reserves the right to review, modify, reject, or accept any required aae policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. ARTICLE 11 - INDEPENDENT CONSULTANT 11.1 CONSULTANT is an independent CONSULTANT 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 CONSULTANT nor any employee of CONSULTANT 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 CONSULTANT, or any employee of CONSULTANT. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement 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. ARTICLE 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth - in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTs. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The CONSULTANT, 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. ARTICLE 15 - ASSIGNMENT 15.1 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. Page 83 of 510 equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONSULTANT together with the costs incident thereto to Such default. D, Notwithstanding the other provisions in this Article, CITY reserves the right terminate the Agreement at any time, whenever the service provided CONSULTANT fails to meet reasonable standards of the trade after CITY fir' " r iNSULTANT of the deficiencies as set forth in the writt notice within fourteen calendar (14) days of the receipt by CONSULTANT of su notice from CITY. I 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention ol delay of performance by,a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to a pandernic, epidemic, acts of God, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from the performance by an uncontrollable force, give written notice to the other party descrng the circumstances and uncontrollable forces preventing the continued performance of the obligations of this Agreement. i I I pvl;��;1111 11, V179"Wrl"MI.W474, M-111.1, WIMIRIMIM"g;�, Page 84 of 510 ARTICLE 16 - NON -WAIVER 16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 —TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, the CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 17.2 Termination for Cause: In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should CONSULTANT neglect or failure to perform or observe any of the terms, provisions, conditions, or requirements herein contained if such neglect or failure shall continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. ARTICLE 18 - DISPUTES, 18.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 18.2 Correction of Work. If in the judgment of CITY, work provided by CONSULTANT does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONSULTANT correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 18.3 Remedies in Default. In case of default by CONSULTANT, CITY shall notify CONSULTANT, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONSULTANT to comply with all provisions of the Agreement. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONSULTANT of such declaration of default and terminate the Agreement. A. Upon such declaration of default, all payments remaining due CONSULTANT at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to CONSULTANT. B. CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the 7 Page 85 of 510 ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT 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 CONSULTANT. ARTICLE 22 - MISCELLANEOUS 22.1 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth hereinabove. 22.2 It shall be the CONSULTANT's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable. 22.3 This Agreement represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the CONSULTANT's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 22.4 This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. ARTICLE 23 — PUBLIC „RE„ ORDS 23.1 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 Section 119.07, Florida Statutes. 23.2 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 maintain in a secured manner 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 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. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6061 GIBSONC@BBFL.US ARTICLE 24 — SCRUTINIZED COMPANIES 24.1 By execution of this Agreement, CONSULTANT certifies that it is not participating in a boycott of Israel. CONSULTANT further certifies that it 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, nor has it engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to the CONSULTANT of the CITY's determination concerning the false certification. CONSULTANT 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, 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 Section 287.135, Florida Statutes, as amended from time to time. ARTICLE 25 -- E -VERIFY 25.1 CONSULTANT certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described hereinbelow. 25.2 Definitions for this Section: 10 aae 87 of 510 A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor' includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 25.3 Registration Requirement; Termination: Pursuant to Section 448.495, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. The contractor shall register for and utilize the U.S. Department of Homeland 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. The contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 1E Page 88 of 510 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year written below. DATED this day of. „n , 2021. VI CITY OF BOYNTON BEACH BALLA ,DRARTNP'�-pS, INt? " r"'V� )�'- Lori LaVerriere, City Manager `/icg ire Name Attest/Authenticated'. City Clerk Approved as to Form: James A. Cherof, City Attorney President Ti#Ie (Corporate Seal Attest/Authenticated w� i ness1 ("I° 12 Page 89 of 510 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos 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 INSURANCEADVISORYFORM Revised 0412021 General Aggregate Products-Comp/Op Agg. Personal & Adv. Injury Each Occurrence Fire Damage (any one Bre) 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 13 EXHIBIT Scope of Work aae 14 SCOPE OF SERVICES BACKGROUND Known as "America's Gateway to the Gulfstream," Boynton Beach is a full-service municipality located in the heart of southeast Florida, in the center of Palm Beach County, consisting of 16.5 square miles that include four miles of the Intracoastal Waterway. Our coastal community has an estimated population of 78,050 residents and has experienced a positive growth rate since 2008 and has grown 8.5% since 2010. Due to its location and year-round tropical climate, Boynton Beach possesses many natural assets that set the stage for numerous leisure, recreation, and active lifestyle pursuits. The City of Boynton Beach invests a great deal of resources to ensure that residents and visitors have access to its 253 acres of municipal parks, beaches, and natural conservation lands. The City has direct access to the Florida Turnpike via Boynton Beach Boulevard and three 1-95 exits and lies within close proximity to Palm Beach International Airport (14 miles) and Fort Lauderdale/Hollywood International Airport (37 miles). The closest seaports are Port of Palm Beach (21 miles) and Port Everglades (36 miles). The Tri -Rail commuter train makes a stop in the City that connects the rider to Palm Beach, Broward, and Miami -Dade Counties. The Commission -Manager form of government governs Boynton Beach. Voters elect a mayor and four commissioners who meet twice monthly to set forth City policy. The Commission appoints a City Manager to oversee the day-to-day operations of the City. The Mayor may live anywhere within the City limits but is required to reside in the City for a least a year before seeking office. Commissioners must live within the district they represent and are elected by the voters within that district. They also are required to live within the district they plan to represent for at least a year before seeking office. SCOPE OF SERVICES 1. Acquisition of funds from non-profit organizations and public entities to enhance the City's service delivery. The required services include, but are not limited to, the following; a. Develop a timeline, concentration on both short-term and long-term strategies, pertaining to the funding of chosen projects. Work with City staff regarding the political and financial feasibility of funding identified projects and provide advice and assistance on the type of projects that are likely to be successfully funded. b. Work with other organizations (both public and private) to help obtain funding for selected projects, and have the ability to effectively communicate, both orally and in writing, the necessity, benefits, and merits of funding the chosen projects for the City and its residents. c. Meet with members of the local, and state legislative delegations and their staff to discuss the City's needs, overall benefits, and merits of the chosen projects. 2. Advise and advocate for the City on legislative and policy matters. The required services include, but are not limited to, the following: a. Provide legislative expertise and consulting services. b. Review and monitor on a continuing basis all existing and proposed, state, and local 15 policies, programs, and legislation affecting the City of Boynton Beach in an efficient and accurate manner. Identify those issues that may affect the City and its residents, and regularly inform the City as to such matters, both orally and in writing. c. Prepare materials to be presented to legislators and agencies. d. Appear before and provide expert testimony at legislative hearings, as required, to promote, oppose, and seek passage of legislation or rules affecting the City or its citizens. e. Maintain excellent work relationships with state, and local elected officials and their staff. f. Meet with members of the local, and state legislative delegations and their staff to explain the effects, merits, and consequences of proposed legislation on the City. g. Advise the city on proposed and actual changes in laws, especially any changes that would affect the City's ability to collect revenues or would cause undue burdens on the City's resources. h. Attend City Council meetings and other scheduled City meetings as requested, with reasonable advance notice. Complete in a timely fashion, all forms and reports required of lobbyists by the government and other relevant local, and state jurisdictions. Services should include but not be limited to: • Strategy design and implementation; • Advising and consulting clients on legislative strategies and developing issues. • Provide research and timely written and oral information. • Monitor existing and proposed laws and regulations that affect the interests and priorities of the City. • Proactively recommend and develop legislative positions for proposed laws and regulations that affect the interests and priorities of the City. • Develop a list of current or predicted legislation to either oppose or support on behalf of the City, as well as funding targets and essential Florida programs that must be protected. • Constantly monitor the introduction and progress of proposed laws and regulations and provide analysis on the potential effects for the City. • Assist in developing the City's stance and contact the relevant Legislators on the City's behalf to ensure they are aware of the City's position on significant legislation. • Assistance with obtaining appropriations for City projects and/or programs to be determined as part of an annual legislative strategy. • Propose and develop opportunities that will access funding at the policy-making level. • Arrange meetings for the City's elected officials and personnel with legislative members and staff. Provide logistical support and attend those meetings when necessary. • Representing the City's objectives and review of all pertinent pending legislation and regulations including all committee meetings, hearings, and conferences. • Identifying strategic interest alliances and coordinating interest groups. • Drafting legislation and amendments to file bills. • Building and maintaining close relationships and alliances with legislative delegations. • Engage in advocacy as needed and/or requested, to promote the City's position on priority issues, including appropriate interest groups, the Florida League of Cities, the US Conference of Mayors, and the National League of Cities. 16 aae • Advising on publicaffairs,4-..and grassroots advocacy. • Advising on the impacts of change in relevant laws. • Assisting in all aspects of developing and executing government business • Engaging in other traditional lobbying activities. 17 6. F. Consent Agenda 10/5/2021 Requested Action by Commission: Approve piggyback utilizing Palm Beach County contract # 750772C with American Water Chemicals, Inc. for antiscalant, used for the West Water Plant nano -filtration membranes, for an annual estimated expenditure of $42,000. Explanation of Request: On October 1st, 2021 Purchase Order # 210090 for antiscalant was issued in the amount of $34,750 using 3 quotes. Antiscalant is used in conjunction with Sulfuric Acid in membrane water treatment units to prevent mineral - fouling of the membranes. Due to an increased use of chemicals exceeding the City's procurement threshold of $35,000 for competitive bid, Utilities is requesting approval to piggyback Palm Beach County's competitive bid contract for Antiscalant and authorization for an annual estimated expenditure of $42,000. The overage in cost of antiscalant needed for water treatment was because the City performed a pilot study for elimination of Sulfuric Acid at the West Water Plant to counteract safety considerations and significant cost increases for Sulfuric Acid. The piggy back agreement will meet the City's requirements for competitive bids. Palm Beach County has given permission to Piggyback which is stated in the solicitation as noted in email at the end of the contract. How will this affect city programs or services? This approval keeps water costs within the overall budget for the Fiscal Year without sacrificing water quality or fouling of water treatment membranes. Fiscal Impact: Funds are budgeted in account number 401-2811-536-52.35, Process Chemicals. Alternatives: None Strategic Plan: Public Health and Safety Strategic Plan Application: Climate Action Application: Is this a grant? No Page 95 of 510 Grant Amount: Contracts Vendor Name: American Water Chemicals, Inc. Start Date: 2/7/2021 End Date: 2/6/2022 Contract Value: $154,700 Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Type Description Flay irnIBE: ,ach COU1111ty Cay intra ct with AVVC for irntliscaIIair:t Page 96 of 510 Form L DePlirtment December 17, 2020 « South Military TMU. Suite 110 WaSt Palm Beach. FL 33415.3 1 American Water Chemicals, Inc. :0A, Oreanna Clark FAX* 561) 242-6744 1802 Corporate www-pbcgov.conVpurCjwjng Plant City, FL 33563 Page 97 of 510 AWARD RECOMMENDATION Form I BID RE -CAP SHEET IFS #19-036RIMB i TITLE: Anti-Scalant Inhibitor, Purchase and Delivery of, Term Contract BUYER: Marva Brown ACTION INITIALS i DATE ACTION INITIALS DATE BID OPENED LPIMAV 09/1712019 AWARD POSTED ON WEBSITE 2_2 6)ted 1 POSTING APPROVEDIq j AWARD REMOVED FROM WEBSITE -COPY —TO BUYER —ASSISTANT FOR POSTING ON INTERNET t i O e2 1 'COPY TO OSBA AND DEPARTMENT 1 KEY(S) FOR RECOMMENDATION: (PLEASE NOTE YOUR RECOMMENDATION BELOW), PREFERENCE CODES: �_—_J(I)RECOMMENDED AWARD LOWSTRESP SVE AND RESPONSIBLE BIDDER MEETING "G­LP"- --GLADES LOCAL PREFERENCE (t* -- See —term :i-d—ofih—o'I j SPECIFICATIONS referenced bid (2) NO AWARD, RESPONSIVE AND RESPONSIBLE, BUT NOT LOWEST BIDDER MEETING LP" . LOCAL PREFERENCE (6%1 See term 3A of the referenced SPECIFICATIONS 'SSE" - SBE RANKING (10%)- ed bid J3) NO AWARD, NOT RESPONSIVE AND I OR RESPONSIBLE TO BID "NO LP" = MARTIN CO, - NO "LP" APPLIED {4) NOT TECHNICALLY EVALUATED f IN EXCESS OF DEPARTMENT'S FUNDING LIMITS ITEM #1 SCALE INHIBITOR WITH FULL TANKER LOAD Plant #3 STEP I STEP 2 — ��IFPREFERENCE LIST BIDDERS FROM LOWEST TO TOTAL OFFER NOTE: "GLID", LIST BIDDERS AFTER PREFERENCE HAS S AFTER PREFERENCE IF AWARD`,- PREFERENCE RECOMMENDATION HIGHEST AS 810 LP-, OR -SSE' BEEN APPLIED H ASS NOTE: "LP", "S "KEY" ONLY APPL OR (SEE ABOVE)_, American Water Chemicals, Inc. $ 1,200 American Water Chemicals, Inc. $61,200 ITEM #2 SCALE INHIBITOR WITH FULL TANKER LOAD Plant #9 STEP 1 STEP 2 NOTE: "GLIP", LIST BIDDERS AFTER PREFERENCE HAS PRE AWARD IF PREFERENCE tk 0 LIST BIDDERS FROM LOWEST TO TOTAL OFFER OFFER AFTI I HIGHEST T! PREFERENCE IF PREFERENCE RECOMMENDATION NOTE: "GLP", AS BID BEEN APPLIED HAS BEEN "LP", OR "SSE' "KEY" ONLY APPLIED %P', OR -sae, Marl, American Water Chemicals, in Americ $59,500 an Water Chemicals, Inc. $59,500 J - tri jgliq — iolqliq and of ued Page I 2 Page 98 of 510 AWARD RECOMMENDATION BID RE -CAP SHEET ITEM #3 SCALE INHIBITOR WITH 276 GALLON TOTE, Plant #11 STEP 7 STEP 2 ' IF PREFERENCE " UST BIDDERS FROM LOWEST TO TOTAL OFFER i NOTE GLP", LIST BIDDERS AFTER PREFERENCE HAS ' OFFER AFTER ' --'-"' E IF PREFERENCE ( t PREFERENCE AWARO -" RECOMMENDATION HIGHEST AS BID ( 1 "LP", OR "SBE" BEEN APPLIED HASNOTE: "GLP ° LP... OR SBE" "KEY" ONLY € --.— ........ _"_ PB ED SEE A80uE „ American Water Chemicals, Inc. $ 34,000 American Water Chemicals, Inc. j $34,000 1 q 1 NOTE: FOR CALCULATING GLP, LP AND SBE PREFERENCES SEE WEBSITE FOR DETAILS Page 2 of 2 Page 99 of 510 Page 15 BID RESPONSE IFB #19-036R/MB ANTI-SCALANT INHIBITOR, PURCHASE AND DELIVERY OF, TERM CONTRACT (RE-BID) ITEM' NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL OFFER SCALE INHIBITOR WITH FULL TANKER LOAD (2800 gallons) Plant #3 1 • Approved Products/Manufacturers: 72,000 Ib American Water Chemicals (AWC) $ 0.85 $ 61,200.00 AWC A-102 PLUS SCALE INHIBITOR WITH FULL TANKER LOAD - (2800 gallons) Plant #9 2. Approved Products/Manufacturers: 70,000 Ib American Water Chemicals (AWC) $, 0.85 $59500.00 AWC A-102 PLUS SCALE INHIBITOR WITH 275 GALLON TOTE, Plant #11 3 Approved Products/Manufacturers: 40,000 Ib American Water Chemicals (AWC) 0 85 AWC A-102 PLUS $ $ 34,000.00 All unit prices bid should be within two (2) decimal points. If bidder's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Acknowledge Qualification of Bidders information is included, per Term #9? /INITIAL Acknowledge Criminal History Records Check requirement, per Term #10? /INITIAL Acknowledge Insurance requirements, per Term #2,4?YE INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition 07., N bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of the County, provide a copy of the Joint Venture Agreement signed by all parties. Commercial Non-Discrimination Certification: By signing below, bidder hereby certifies, per General Term and Condition #3n_ that: (i) the information set forth therein is true and correct to the best of the bidder's knowledge; and (ii) there are no legalladministrative proceedings required to be disclosed, except as disclosed in bidder's response. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: American Water Chemicals, Inc. 9/5119 PRINT NAME: Mohannad Almalki * SIGNATURE:.M� PRINT TITLE: President ADDRESS: 1802 Cor orate Center Lane CITY/ STATE: Plant City, FL 33563 ZIP CODE: 33563 TELEPHONE # ( 813) 246-5448 E-MAIL: customerservice@membranechemicals.com TOLL FREE # ( ) FAX #: ( 813 ) 623-6678 APPLICABLE LICENSE(S) NUMBER # F94000001871 TYPE: FL State License FEDERAL ID # 95.4412808 Page 100 of 510 Board of County Commissioners County Administrator Mack Bernard, Mayor Dave Kerner, Vice Mayor Verdenia C. Baker Hal R. Valeche`' Gregg K. Weiss Robert S. Weinroth Mary Lou Berger OR Melissa McKinlay Purchasing Department www.pbagov.ong/purchasing BOARD OF COUNTY COMMISSIONERS NOTICE OF SOLICITATION IFB #19-036R/MB ANTI-SCALANT INHIBITOR, PURCHASE AND DELIVERY OF, TERM CONTRACT (RE -BID) BID SUBMISSION DATE: Setember 12 2019 AT 4:00 P.M. It is the responsibility of the bidder to ensure that all pages are included. Therefore, all bidders are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to Palm Beach County Purchasing Department at (561) 616-6800. BIDDERS SHALL PROVIDE A RESPONSE IN A SEALED PACKAGE OR CONTAINER SIGNED BY AN AGENT OF THE COMPANY HAVING AUTHORITY TO BIND THE COMPANY OR FIRM. FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR BID. Protests can be accepted only during the five (5) business day posting period. C A U T I O N In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department's Vendor Self Service (VSS) system which can be accessed at htts:// bcvss .co.paim-beach.fl.us/webapp/vssp/AltSelfService. If bidder intends to use subcontractors, bidder must also ensure that all subcontractors are registered as vendors in VSS. All subcontractor agreements must include a contractual provision requiring that the subcontractor register in VSS. County will not finalize a contract award until the County has verified that the contractor and all of its subcontractors are registered in VSS As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system. It is the vendor's sole responsibility. to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of bids. Palm Beach County shall not be responsible for the completeness of any Invitation for Bid that was not downloaded from our VSS system or obtained direct) from the Purchasing Department. In accordance with the provisions of ADA, this document may be requested in an alternate format. 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199 (561) 616-6800 FAX: (561) 616-6811 Page 101 of 510 Page 2 BOARD OF COUNTY COMMISSIONERS Palm Beach County INVITATION FOR BID IFB #,19-036R1MB IFB TITLE: ANTI-SCALANT INHIBITOR, PURCHASE AND DELIVERY OF, TERM CONTRACT RE -BIW PURCHASING DEPARTMENT CONTACT: MARVA BROWN TELEPHONE NO.: (561) 616-6815 FAX NO.: (561) 242-6715 E-MAIL ADDRESS: mbrown@pbcgov.org All bid responses must be received on or before Setember 12 2019,.prior to 4:00 p.m., Palm Beach County local time. SUBMIT BID TO: Palm Beach County Purchasing Department, Attention: Marva Brown, 50 South Military Trail, Suite 110, West Palm Beach, FL 33415-3199. This Invitation for Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Attachments, Amendments (if issued), and / or any other referenced document form a part of this bid solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents. PURPOSE AND EFFECT: It is the purpose and intent of this solicitation to secure bids for item(s) and / or services as listed herein. The selected awardee is hereby placed on notice that acceptance of its bid by Palm Beach County shall constitute a binding contract. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS GENERAL CONDITIONS 1. GENERAL INFORMATION Bidders are advised that this package constitutes the complete set of specifications, terms, and conditions which forms the binding contract between Palm Beach County and the successful bidder. Changes to this Invitation for Bid may be made only by written amendment issued by the County Purchasing Department. Bidders are further advised to closely examine every section of this document, to ensure that all sequentially numbered pages are present, and to ensure that it is fully understood. Questions or requests for explanations or interpretations of this document must be submitted to the Purchasing Department contact in writing in sufficient time to permit a written response prior to the published bid submission time. Oral explanations or instructions given by any County agent are not binding and should not be interpreted as altering any provision of this document. Bidder certifies that this bid is made without reliance on any oral representations made by the County. The County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners ("Board's for subsequent fiscal years. 2. LEGAL REQUIREMENTS a. OMP. E WIT LAWS ND COD Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder shall in no way be a cause for relief from responsibility. The successful bidder shall strictly comply with Federal, State and local building and safety codes. Equipment shall meet all State and Federal Safety regulations. Bidder certifies that all products (materials, equipment, processes, or other items supplied in response to this bid) contained in its bid meets all ANSI, NFPA, and all other Federal and State requirements. Bidder further certifies that, if it is the successful bidder, and the product delivered is subsequently found to be deficient in any of the aforementioned requirements in effect on date of delivery, all costs necessary to bring the product into compliance shall be bome by the bidder. Any toxic substance provided to the County as a result of this solicitation or resultant contract shall be accompanied by its Safety Data Sheet (SDS). The Uniform Commercial Code (Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the successful bidder and Palm Beach County for any terms and conditions not specifically stated in the Invitation for Bid. b. g9M M ERC: N -D RIMINATI : Item 1: Bidder's Representations and Agreement. The Bidder 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 Bidder 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 Bidder retaliate against any person for reporting instances of such discrimination. The Bidder shall provide equal opportunity for subcontractors, subconsultants vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the County's relevant marketplace in Palm Beach County. The Bidder understands and agrees that a material violation of this clause shall be considered a material breach of contract and may result in termination of the contract, disqualification or debarment of the Bidder from participating in County contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. Item 2: Bidder's Agreement to Apply to Subcontracts The bidder covenants and agrees to include the commercial non-discrimination clause in all subcontractor agreements. c. I CRI I I N ROHIBI Palm Beach 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 R-2017-1770, as may be amended, the successful bidder warrants and represents that throughout the term of the contract, including any renewals thereof, 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 a default of contract. Page 102 of 510 INDEPENDENT CONTRACTOR RELATIONSHIP: The successful bidder is, and shall be, in the performance of all work, services, and activities under the 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 the Contract shall at all times, and in all places, be subject to the successful bidder's sole direction, supervision, and control. The successful bidder shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the successful bidder'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. CRIMINAL HISTORY RECORDS CHECK ORDINANCE: Pursuant to Palm Beach County Code Section 2-371 through 2- 377, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), the County will conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County. A fingerprint based criminal history record check shall be conducted on all employees of vendors, contractors, and. subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be either a critical facility ("Critical Facilities") or a criminal justice information facility ("CJI Facilities"), which are critical to the public safety and security of the County. County facilities that require this heightened level of security are identified in Resolution R-2003-1274, as amended. In October 2013, compliance with the requirements of the U. S. Federal Bureau of Investigations CJI Security Policy was added to the Ordinance, which includes a broad list of disqualifying offenses. The bidder is solely responsible for understanding the financial, schedule, and / or staffing implications of this Ordinance. Further, the bidder acknowledges that its bid 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. PUBLIC ENTITY CRIMES: F.S. 287.133 requires Palm Beach County to notify all bidders of the following: "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract 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 F.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." g. NON -COLLUSION,: Bidder certifies that it has entered into no agreement to commit a fraudulent, deceitful, unlawful, or wrongful act, or any act which may result in unfair advantage for one or more bidders over other bidders. Conviction for the Commission of any fraud or act of collusion in connection with any sale, bid, quotation, proposal or other act incident to doing business with Palm Beach County may result in permanent debarment. No premiums, rebates or gratuities are permitted; either with, prior to or after any delivery of material or provision of services. Any such violation may result in award cancellation, return of materials, discontinuation of services, and removal from the vendor bid list(s), and / or debarment or suspension from doing business with Palm Beach County. h. LOBBYING: Bidders are advised that the "Palm Beach County Lobbyist Registration Ordinance" prohibits a bidder or anyone representing the bidder from communicating with any County Commissioner, County Commissioner's staff, or any employee authorized to act on behalf of the Commission to award a particular contract regarding its bid, i.e., a "Cone of Silence" Page 3 The "Cone of Silence" is in effect from the date / time of the deadline for submission of the bid, and terminates at the time that the Board or a County Department authorized to act on their behalf, awards or approves a contract, rejects all bids, or otherwise takes action which ends the solicitation process. Bidders may, however, contact any County Commissioner, County Commissioner's staff, or any employee authorized to act on behalf of the Commission to award a particular contract, via written communication, i.e., facsimile, e-mail or U.S. mail. Violations of the "Cone of Silence" are punishable by a fine of $250.00 per violation. 1. CONFLICT OF INT REST: All bidders shall disclose with their bid the name of any officer, director, or agent who is also an employee or a relative of an employee of Palm Beach County. Further, all bidders shall disclose the name of any County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent or more in the bidder's firm or any of its branches. SUCCESSORS AND ASSIGNN_A: The County and the successful bidder each binds itself and its successors and assigns to the other party in respect to all provisions of the Contract. Neither the County nor the successful bidder shall assign, sublet, convey or transfer its interest in the Contract without the prior written consent of the other. INDEMNIFICATION,: Regardless of the coverage provided by any insurance, the successful bidder shall indemnify, save harmless and defend the County, its agents, servants, or employees from and against any and all claims, liability, losses and / or causes of action which may arise from any negligent act or omission of the successful bidder, its subcontractors, agents, servants or employees during the course of performing services or caused by the goods provided pursuant to these bid documents and / or resultant contract. PUBLIC RECORDS ACCESS AND AUDITS: The bidder agrees that copies of any and all property, work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs, files, deliverables, photographs, videos, tape recordings or data relating to the Contract which have been created as a part of the bidder's services or authorized by the COUNTY as a reimbursable expense, whether generated directly by the bidder, or by or in conjunction or consultation with any other party whether or not a party to the Contract, whether or not in privity of contract with the COUNTY or the bidder, and wherever located shall be the property of the COUNTY. Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding bidder might consider to be confidential. All submitted information that the responding bidder believes to be confidential and exempt from disclosure (i.e., a trade secret or as provided for in Section 119.07 and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. The COUNTY shall have the right to request and review bidder's books and records to verify bidder's compliance with the Contract, adherence to the Equal Business Opportunity ("EBO") Program and its bid. The COUNTY shall have the right to interview subcontractors, and workers at the work site to determine Contract compliance. The bidder shall maintain records related to all charges, expenses, and costs incurred in estimating and performing the work for at least four (4) years after completion or termination of the Contract. Bidder shall retain all books and records pertaining to this Contract, including, but not limited to, subcontractor payment records, for four (4) years after project completion date. The COUNTY and the Palm Beach County Inspector General shall have access to such records as required in this Section for the purpose of inspection or audit during normal business hours, in Palm Beach County at any reasonable time during the four (4) years. Page 103 of 510 Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Bidder: (i) provides a service; and (ii) acts on behalf of the COUNTY as provided under Section 119.011(2), F.S., the Bidder shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. The Bidder is specifically required to: Keep and maintain public records required by the COUNTY to perform services provided under the Contract. Upon request from the COUNTY's Custodian of Public Records ("County's Custodian's or COUNTY's representative/liaison, on behalf of the County's Custodian, 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 Bidder 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. 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 Bidder does not transfer the records to the public agency. Nothing contained herein shall prevent the disclosure of or the provision of records to the COUNTY. Upon completion of the Contract, the Bidder shall transfer, at no cost to the COUNTY, all public records in possession of the Bidder unless notified by COUNTY's representative/liaison, on behalf of the County s Custodian, to keep and maintain public records required by the COUNTY to perform the service. If the Bidder transfers all public records to the COUNTY upon completion of the Contract, the Bidder shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the Bidder keeps and maintains public records upon completion of the Contract, the Bidder shall meet all applicable requirements for retaining public records. All records stored electronically by the Bidder must be provided to the COUNTY, upon request of the County's Custodian or the COUNTY's representative/liaison, on behalf of the County's Custodian, in a format that is compatible with the information technology systems of COUNTY, at no cost to COUNTY. Bidder 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. Failure of the Bidder to comply with the requirements of this Section, Chapter 119, F.S. and other applicable requirements of state law, shall be a material breach of the Contract. COUNTY shall have the right to exercise any and all remedies available to it for breach of contract, including but not limited to, the right to terminate for cause. IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT RECORDS REQUEST, PALM BEACH Page 4 COUNTY PUBLIC AFFAIRS DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 33401, BY E-MAIL AT RECORDSRE UEST PBCGOV. ORG OR BY TELEPHONE AT 561- 355-6680. in. INCORP TION. P RECE E JU GOVERNING W: This Invitation for Bid shall be included and incorporated in the final award. The order of contractual precedence shall be the bid document (original terms and conditions), bid response, and purchase order or term contract order. Any and all legal action necessary to enforce the award or the resultant contract shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the award or the resultant contract will be held in a court of competent jurisdiction located in Palm Beach County, Florida. n. LLQAL. j=XPENM: The County shall not be liable to a bidder for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the contract, or from any other matter generated by or relating to the contract. o. NO IRD A BEN FIC No provision of the 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 the Contract, including but not limited to any citizen or employees of the County and / or successful bidder. p. SCRUTINIZED COMPANIE SCRUTINIZED COMPANIES: As provided in F.S. 287.135, by entering into a Contract or performing any work in furtherance hereof, the Bidder 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. If the County determines, using credible information available to the public, that a false certification has been submitted by Bidder, the resulting Contract from this Invitation for Bid may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of the Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal. SCRUTINIZED COMPANIES (WHEN CONTRACT VALUE IS GREATER THAN $1 MILLION): As provided in F.S. 287.135, by entering into a Contract or performing any work in furtherance hereof, the Bidder 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 engaged 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 Bidder, the resulting Contract from this Invitation for Bid may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of the Contract shall be imposed, pursuant to F.S. 287.135. Said certification must also be submitted at the time of Contract renewal. Page 104 of 510 3. BID SUBMISSION UBMISSION F R P LASES: All bid responses must be submitted on the provided Invitation for Bid "Response" Form. Bid responses on vendor letterhead / quotation forms shall not be accepted. Responses must be typewritten, written in ink or a photocopy and must be signed by an agent of the company having authority to bind the company or firm. FAILURE TO SIGN THE BID RESPONSE FORM AT THE INDICATED PLACES SHALL BE CAUSE FOR REJECTION OF THE BID. Bid responses are to be submitted to the Palm Beach County Purchasing Department no later than the time indicated on the solicitation preamble, and must be submitted in a sealed envelope or container bearing the bid number for proper handling. CERTIFICATIONS LICENSES D PERMITS: Unless otherwise directed in sub -paragraph d. (Local Preference) or the Special Conditions of this bid, bidder should include with its bid a copy of all applicable Certificates of Competency issued by the State of Florida or the Palm Beach County Construction Industry Licensing Board in the name of the bidder shown on the bid response page. It shall also be the responsibility of the successful bidder to maintain a current Local Business Tax Receipt (Occupational License) for Palm Beach County and all permits required to complete the contractual service at no additional cost to Palm Beach County. A Palm Beach County Local Business Tax Receipt (Occupational License) is required unless specifically exempted by law. In lieu of a Palm Beach County Local Business Tax Receipt (Occupational License), the bidder should include the current Local Business Tax Receipt (Occupational License) issued to the bidder in the response. It is the responsibility of the successful bidder to ensure that all required certifications, licenses and permits are maintained in force and current throughout the term of the contract. Failure to meet this requirement shall be considered default of contract. c. SIMNVBE - EBO. RE UIREMENT Please note that all forms related to the EBO Program, including waiver forms and good faith effort documentation can be found at: htty://discover.obca ov.orc/oebo/Paces/Docu ments.asnx Item 1 — Policy It is the policy of the Board that all segments of its business population, including, but not limited to, small, local, minority and women owned businesses, have an equitable opportunity to participate in the County's procurement process, prime contract and subcontract opportunities. To that end, the Board adopted an Equal Business Opportunity Ordinance which is codified in Sections 2-80.20 through 2-80.30 (as may be amended) of the Palm Beach County Code, (EBO Ordinance) which sets forth the County's requirements for the EBO Program, and which is incorporated in this solicitation. The provisions of the EBO Ordinance are applicable to this solicitation, and shall have precedence over the provisions of this solicitation in the event of a conflict. Item 2 — Waiver of Affirmative ProcurementIni i ive APIs fie uir meats In accordance with the EBO Ordinance, the Affirmative Procurement Initiatives (APIs) have been waived for this solicitation. However, if any Bidder intends to utilize any subcontractors/subconsultants as part of their response to this solicitation, the applicable OEBO Schedules must be submitted with their response for compliance tracking purposes. Item 3 — Bid Submission Documentation S/MNVBE bidders, bidding as prime contractors or consultants, are advised that they must complete Schedule 1 and Schedule 2, listing the work to be performed by their own workforce, as well as the work to be performed by Ali subcontractor or subconsultant, including S/MNVBE subcontractors and subconsultants. Failure to include this information on Schedule 1 will result in the participation by the S/M/WBE prime bidders own workforce NOT being counted towards meeting the - S/MNVBE goal. This requirement applies even if the S/MIWBE bidder intends to perform 100% of the work with their own workforce S/M/WBE subcontractor/subconsuitant documentation. If applicable, shall be submitted as follows: Page 5 Schedule 1 -Lis of Pro osed Subcontractors/ Subconsultants A completed Schedule 1 submitted by the prime shall list the names of all subcontractors/subconsultants intended to be used in performance of the contract, if awarded. The total proposed percentage of S/M/WBE participation shall also be included on this form. This schedule shall also be used if an S/M/WBE Prime Contractor/consultant is performing all or any portion of this contract with their work force. chedufe 2 -Letter f Intent A completed Schedule 2 is a binding document between the Prime Contractor/consultant and a subcontractor/subconsultant (or any tier) and should be treated as such. The Schedule 2 shall contain bolded language indicating that by signing the Schedule 2, both parties recognize this Schedule as a binding document. Each Schedule 2 shall be properly executed by the Prime Contractor/consultant and by the proposed subcontractor/subconsultant. If the Prime Contractor/consultant is an S/M1WBE, a Schedule 2 shall be submitted to document work to be performed by its workforce. All S/MNVBE(s) shall specify, in detail, the type of work they will perform along with the dollar amount they will be compensated and/or percentage of work they will perform. If any subcontractor/subconsultant intends to subcontract any portion of their work, they are required to list the dollar amount and the name of the subcontractor/subconsultant on this form. All named subcontractors/subconsultants on this form must also complete and submit a separate Schedule 2. The Prime may count toward its S/M/WBE goal second and third tiered certified S/M/WBE(s); provided that the Prime Contractor/consultant submits a completed Schedule 2 form for each S/M/WBE. A detailed quote or proposal may be attached with a signed Schedule 2. Failure to submit a properly executed Schedule 1 and Schedule 2 will result in no S/M/WBE consideration given. In the event of a conflict between Schedules 1 and 2 when calculating S/MNVBE participation, the information provided on Schedule 2 shall have precedence. In the event of mathematical error(s), the unit price, if available, shall prevail and the vendor's total offer shall be corrected accordingly. If the County's issuance of an alternate or change order on a project results in changes in the scope of work to be performed by a subcontractor/subconsultant listed at the time of bid submission, the Prime must submit a, completed and properly executed Schedule 2 that specifies the revised scope of work to be performed by the subcontractor/subconsuitant, along with the price and /or percentage. Item 4—SIMIWBE Certification Only those firths certified by Palm Beach County at the time of bid submission shall be counted toward the established S/M/WBE goals. Upon receipt of a completed application, IT TAKES UP TO NINETY (90) BUSINESS DAYS TO BECOME CERTIFIED AS AN S/MIWBE WITH PALM BEACH COUNTY. It is the responsibility of the bidder to confirm the certification of any proposed S/MNVBE; therefore, it is recommended that bidders visit the online Vendor Directory at www.obcoov.ora/oebo to verify S/M/WBE certification status. Firms must continue to recertify during the life of the contract as the County may only count toward the established goal, work performed by an S/MNVBE during the time their certification dates are valid. IJ@m 5 — Res onsibili ies After Contract Award, Schedule 3 — Subcon ractor Activity Form The Prime Contractor shall submit a completed Activity Report form (Schedule 3) with each invoice, or payment application when any subcontractor/subconsultant has provided services during the period in which the Prime is requesting payment. This forth shall contain the names of all subcontractors/subconsultants, and specify the contracted dollar amount, approved change orders; revised contract amount; amount drawn this period; amount drawn to date; and payments to date issued to all subcontractors with their starting date. Page 105 of 510 Schedule 4 — P ent Certifi ion Form A fully executed Schedule 4 shall be submitted for each subcontractor/subconsultant after receipt of payment from the Prime Contractor/consultant. The Prime Contractor/consultant shall submit this form with each payment application or invoice submitted to the County when the County has paid the Prime Contractor/consultant on the previous payment application for services provided by a subcontractor/subconsultant. If any subcontractor/subconsultant intends to disburse funds associated with this payment to another subcontractor/subconsultant for labor provided on this contract, the amount and name of the subcontractor/subconsultant shall be listed on this form. All named subcontractors/subconsultants on this form must also complete and submit a separate Schedule 4 after receipt of payment. If the Prime Contractor/consultant is a certified S/M/WBE, a Schedule 4 shall be submitted to reflect the amount of payment retained by the Prime Contractor/consultant for services performed by its own workforce. All bidders hereby agree and assure that they will meet the S/MNVBE participation percentages submitted in their respective bids with the subcontractors/subconsultants contained on Schedules 1 and 2 and at the dollar values specified. Respondents or bidders agree to provide any additional information requested by the County to substantiate participation. Upon letter notification by the County that the EBO payment portal/tracking system is available for use, the Bidder is required to input all subcontractor/subconsultant payment information directly into the EBO payment portal prior to submitting a payment application. Item — /VVBE ituti After contract award, the Prime Contractor/consultant will only be permitted to substitute a certified S/M/WBE that is unwilling or unable to perform. The Prime Contractor/consultant will only be permitted to modify the scope of work or price of an S/MNVBE listed at bid opening or date/time for submission of the response to the solicitation as a result of the County's issuance of an amendment, alternate or change orders on a project. Substitutions shall be done with like certified S/M/W BEs in order to maintain the participation percentages submitted with the bid or proposal. All requests for modifications or substitutions shall be submitted to the COUNTY and the Office of EBO on the EBO Request for S/MNVBE Substitution Modification Removal Form for review. Upon receiving an approval for substitution, the Prime Contractor/consultant shall submit a completed and signed Schedule 2 for the new S/M/WBE; the new S/M1WBE shall specify the type of work to be performed, and the dollar amount and/or percentage shall also be specified upon receiving approval for modification or substitution. The Prime Contractor/consultant shall submit a new properly executed Schedule 2 that specifies the revised scope of work to be performed by the S/M/WBE, along with the revised dollar amount and/or percentage. A detailed quote or proposal may be attached with a properly executed Schedule 2. 1 7 — EB0 P ron ram Co fiance _--ft nalties, Under the EBO Ordinance, the OEBO is required to implement and monitor S/MNVBE utilization during the term of any contract resulting from this solicitation. It is the County's policy that S/MNVBEs shall have the maximum feasible opportunity to participate in the performance of County contracts. All Bidders are required to comply with the EBO Ordinance and shall be expected to comply with the API(s) applicable to this solicitation, as well as the S/M/WBE utilization proposed by a Bidder in its Bid, which utilization plan fortes a part of any resulting Contract. The Director of the OEBO or designee may require such reports, information, and documentation from the BidderNendor as are reasonably necessary to determine compliance with the EBO Ordinance requirements. Vendor shall correct all noncompliance issues within fifteen (15) calendar days of a Page 6 written notice of noncompliance by the department procuring the goods or services or the OEBO. If the Bidder does not resolve the non-compliance within fifteen (15) days of receipt of written notice of non-compliance„ then upon recommendation of sanctions by the Director of EBO or designee in consultation with the COUNTY regarding the failure of a contractor, vendor, respondent or bidder or other business representative to comply with any portion of the EBO Ordinance, the Director of the EBO or designee (for purposes of imposing penalties, the Purchasing Director shall serve as the EBO designee) may impose any or all of the following penalties on the non -complying party any or all of the following penalties: a. Suspension of contract; b. Withholding of funds; c. Termination of contract based upon a material breach of contract pertaining to EBO Program compliance; d. Suspension or Debarment of a respondent or bidder, contractor or other business entity from eligibility for providing goods or services to the County for a period not to exceed three (3) years; and e. Liquidated damages equal to the difference in dollar value of S/M/WBE participation as committed to in the contract, and the dollar value of S/M/WBE participation as actually achieved, if applicable. d. LOCAL PNEFEREN RDINANC„�,,„g: In accordance with the Palm Beach County Loral Preference Ordinance, a preference may be given to (1) bidders having a permanent place of business in Palm Beach County or (2) bidders having a permanent place of business in the Glades that are able to provide the goods or services within the Glades. Glades Local Preferpm: Pursuant to the Palm Beach County Local Preference Ordinance, a 5% Glades Local Preference is given when a Glades business offers to provide the goods or services that will be procured for use in the Glades. If the lowest responsive, responsible bidder is a non -Glades business, all bids received from responsive, responsible Glades businesses will be decreased by 5%. The original bid amount is not changed. The 5% decrease given for the Glades Local Preference is calculated only for the purpose of determining local preference. cal Preferencg: Pursuant to the Palm Beach County Local Preference Ordinance, a 5% Local Preference is given to bidders having a permanent place of business in Palm Beach County. If the lowest responsive, responsible bidder is a non -local business; all bids received from responsive, responsible local businesses will be decreased by 5%. The original bid amount is not changed. The 5% decrease given for the Local Preference is calculated only for the purpose of determining local preference. To receive a Glades Local Preference or a Loral Preference (collectively referred to as "local preference"), a bidder must have a permanent place of business in existence prior to the County's issuance of this Notice of Solicitation / Invitation for Bid. A permanent place of business means that the bidder's headquarters is located in Palm Beach County or in the Glades, as applicable; or, the bidder has a permanent office or other site in Palm Beach County or in the Glades, as applicable, where the bidder will produce a substantial portion of the goods or services to be purchased. A valid Business Tax Receipt issued by the Palm Beach County Tax Collector is required, unless the bidder is exempt from the business tax receipt requirement by law, and will be used to verify that the bidder had a permanent place of business prior to the issuance of this Notice of Solicitation / Invitation for Bid. In addition, the attached "Certification of Business Location" and Business Tax Receipt must accompany the bid „-t_he time of_M. rbmissi . The Palm Beach County Business Tax Receipt and this Certification are the sole determinant of Page 106 of 510 local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder / proposer to not receive a local preference. e. DRUG FREE WORKPLACE CERTIFICATION: In compliance with Florida Statute (Section 287.087) attached form "Drug -Free Workplace Certification" should be fully executed and submitted with bid response in order to be considered for a preference whenever two (2) or more bids which are equal with respect to price, quality, and service are received by Palm Beach County. f. CONDITIONED OFFERS: Bidders are cautioned that any condition, qualification, provision, or comment in their bid, or in other correspondence transmitted with their bid, which in any way modifies, takes exception to, or is inconsistent with the specifications, requirements, or any of the terms, conditions, or provisions of this solicitation, is sufficient cause for the rejection of their bid as non-responsive. g. PRICING: t. Prices offered must be the price for new merchandise and free from defect. Unless specifically requested in the bid specifications, any bids containing modifying or escalation clauses shall be rejected. 2. The price offered must be in accordance with the unit of measure provided on the bid response page(s). One (1) space or line requires only one (1) single, fixed unit price. Anything other than a single, fixed unit price shall result in the rejection of your bid. 3. All unit prices bid should be within two (2) decimal points. If bidder's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. 4. Bidder warrants by virtue of bidding that prices shall remain firm for a period of ninety (90) days from the date of bid submission to allow for evaluation and award. 5. Bidder warrants by virtue of bidding that prices shall remain firth for the initial and any subsequent term. 6. In the event of mathematical error(s), the unit price shall prevail and the bidder's total offer shall be corrected accordingly. BIDS HAVING ERASURES OR CORRECTIONS MUST BE INITIALED BY THE BIDDER PRIOR TO BID SUBMISSION. IF THE CORRECTION IS NOT PROPERLY INITIALED, OR IF THE INTENT OR LEGIBILITY OF THE CORRECTION IS NOT CLEAR, THE BID SHALL BE REJECTED. 7. Bidders may offer a cash discount for prompt payment. However, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes unless otherwise specified in the special conditions. Bidders should reflect any discounts to be considered in the unit prices bid. SUBMITTING NO BID or NO CHARGE: Bidders not wishing to bid on some items sought by this solicitation should mark those items as "no bid". If some items are to be offered at no charge, bidders should mark those items as "no charge". Items left blank shall be considered a "no bid" for that item, and the bid shall be evaluated accordingly. ACCEPTANCE I REJECTION OF BIDS: Palm Beach County reserves the right to accept or to reject any or all bids. Palm Beach County also reserves the right to (1) waive any non - substantive irregularities and technicalities; (2) reject the bid of any bidder who has previously failed in the proper performance of a contract of a similar nature, who has been suspended or debarred by another governmental entity, or who is not in a position to perform properly under this award; and (3) inspect all facilities of bidders in order to make a determination as to its ability to perform. Palm Beach County reserves the right to reject any offer or bid if the prices for any line items or subline items are materially unbalanced. An offer is materially unbalanced if it is mathematically unbalanced, and if there is reason to believe that the offer would not result in the lowest overall cost to the County, Page 7 even though it is the lowest evaluated offer. An offer is mathematically unbalanced if it is based on prices which are significantly less than fair market price for some bid line item and significantly greater than fair market price for other bid line items. Fair market price shall be determined based on industry standards, comparable bids or offers, existing contracts, or other means of establishing a range of current prices for which the line items may be obtained in the market place. The determination of whether a particular offer or bid is materially unbalanced shall be made in writing by the Purchasing Director, citing the basis for the determination. NON-EXCLUSIVE: The County reserves the right to acquire some or all of these goods and services through a State of Florida contract under the provisions of Section 287.042, Florida Statutes, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after a term contract may be awarded. Additionally, Palm Beach County reserves the right to award other contracts for goods and services falling within the scope of this solicitation and resultant contract when the specifications differ from this solicitation or resultant contract, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant contract. k. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES: Palm Beach County encourages and agrees to the successful bidder extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful bidder. PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, immediately preceding, during and after a public emergency, disaster, hurricane, flood, or act of God, Palm Beach County shall be given "first priority" for all goods and services under the contract. Bidder agrees to provide all goods and services to Palm Beach County immediately preceding, during and after a public emergency, disaster, hurricane, flood, or act of God, at the terms, conditions, and prices as provided in this solicitation on a "first priority" basis. Bidder shall furnish a 24-hour phone number to the County. Failure to provide the goods or services to the County on a first priority basis immediately preceding, during and after a public emergency, disaster, hurricane, flood, or act of God, shall constitute breach of contract and subject the bidder to sanctions from doing further business with the County. m. SALES PROMOTIONS / PRICE REDUCTIO S I MOST FAVORED CUSTOMER: Should sales promotions occur during the term of the contract that lower the price of the procured item, the successful bidder shall extend to the County the lower price offered by the manufacturer on any such promotional item. Further, any price decreases effectuated during the contract period by reason of market change or otherwise, shall be passed on to Palm Beach County. Additionally, any time after award, the successful bidder may offer a reduced price which shall remain in effect for the duration of the contract. The successful bidder warrants that the price(s) shall not exceed the successful bidder's price(s) extended to its most favored customer for the same or similar goods or services in similar quantities, or the current market price, whichever is lower. In the event the successful bidder offers more favorable pricing to one of its customer(s), the successful bidder shall extend to the County the same pricing or the then current market price, whichever is lower. n. BIDDER'S COMMERCIAL NON-DISCRIMINATIQN CERTIFICATION: In accordance with Palm Beach County Code Section 2-80.24, the undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its response to this solicitation, the Bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in the County's Commercial Nondiscrimination Policy as set forth in Resolution 2017-1770 as amended, to wit: discrimination in the solicitation, selection or commercial treatment of any Subcontractor, vendor, supplier or commercial Page 107 of 510 customer 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, or on the basis of any otherwise unlawful use of characteristics regarding the vendors, supplier's or commercial customer's employees or owners; provided that nothing in this policy shall be construed to prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that have occurred or are occurring in the County's relevant marketplace of Palm Beach County. Without limiting the foregoing, "discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination." Without limiting any other provision of the solicitation, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the County to reject the bid submitted by the bidder for this Solicitation, and to terminate any contract awarded based on the response. Bidder shall indicate by checking the box provided on the Bid Response Page, its agreement to the foregoing. At the time of bid submission, the bidder shall provide to the County a list of all instances within the immediate past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Florida that the bidder discriminated against its subcontractors, vendors, suppliers or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. Bidder shall indicate by checking the box provided on Bid Response Page, that it has attached pages with legalladministrative proceeding information, if applicable. Bidder's failure to meet these requirements shall render its bid response non-responsive. 4. PID SUBMISSIQINN.TIIKME IW &—ARD OF BID OBSERVING THE PUBLISHED tD SUBMI SIO _TIME: The published bid submission time shall be scrupulously observed. It is the sole responsibility of the bidder to ensure that their bid arrives in the Purchasing Department prior to the published bid submission time. Any bid delivered after the precise published time of bid submission shall not be considered, and shall be returned to the bidder unopened if bidder identification is possible without opening. Bid responses by telephone, electronics, or facsimile shall not be accepted. Bidders shall not be allowed to modify their bids after the published bid submission time. b. POSTING OF AWA R COMMEN ATION: Recommended awards shall be publicly posted for review, at the Purchasing Department and on the Purchasing Department website at www.obcgov.ora/ourchasino prior to final approval, and shall remain posted for a period of five (5) business days. The official posting on the Purchasing Department website shall prevail if a discrepancy exists between the referenced listings. PROTE TPR CEDU : Protest procedures are provided in the Palm Beach County Purchasing Code. Protests must be submitted in writing, addressed to the Director of Purchasing, via hand delivery, mail or fax to (561) 242-6705. Protest must identify the solicitation, specify the basis for the protest, and be received by the Purchasing Department within five (5) business days of the posting date of the recommended award. The protest is considered filed when it is received by the Purchasing Department. Failure to file a protest as outlined in the Palm Beach County Purchasing Code shall constitute a waiver of proceedings under the referenced County Code. 5. NT A T ADMINIST TION a. DELIVERY AND ACCEP AN E: Deliveries of all items shall be made as soon as possible. Deliveries resulting from this bid are to be made during the normal working hours of the County. Time is of the essence and delivery dates must be met. Should the successful bidder fail to deliver on or before the stated dates, the County reserves the right to CANCEL the order or contract Page 8 and make the purchase elsewhere. The successful bidder shall be responsible for making any and all claims against carriers for missing or damaged 'items. Delivered items shall not be considered "accepted" until an authorized agent for Palm Beach County has, by inspection or test of such items, determined that they appear to fully comply with specifications. The Board may return, at the expense of the successful bidder and for full credit, any item(s) received which fail to meet the County's specifications or performance standards. FEDERAL AND STATE TAX: Palm Beach County is exempt from Federal and State taxes. The authorized agent for Purchasing shall provide an exemption certificate to the successful bidder, upon request. Successful bidders are not exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the County, nor are successful bidders authorized to use the County s Tax Exemption Number in securing such materials. Any sales tax paid by successful bidders to their suppliers for materials to fulfill contractual obligations with the County are not reimbursable by the County to the successful bidder. c. PAYMENT: In order for Palm Beach County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the successful bidder's bid; must be exactly the same as it appears on the invoice and in Palm Beach County's VSS system which can be accessed at s;llp:bcvsH, ,. atm-beach.fI.IL u/ARSelfServi Successful bidders shall send ALL ORIGINAL invoices to the following address and may send copies of invoices to the Palm Beach County Department requesting the goods/ services. Invoices submitted on carbon paper shall not be accepted. PALM BEACH COUNTY FINANCE DEPT. P.O. BOX 4036 WEST PALM BEACH, FL 33402-4036 Payment shall be made by the County after goods / services have been received, accepted and properly invoiced as indicated in the contract and / or order. Invoices must bear the order number. The Florida Prompt Payment Act is applicable to this solicitation. Interest penalties will only be paid in accordance with the Florida Prompt Payment Act, Florida Statute 218.70. Note: Palm Beach County Vendors can now be paid by Credit Card via the County's voluntary Payment Manager Program. For vendors who don't have a merchant account, one is needed to utilize the Program. For vendors with a merchant account, you will need to enroll with the Palm Beach County Clerk & Comptroller's Office. For information, contact the Palm Beach County Clerk & Comptroller at abcoavmentmarOmyualmbeachclerk.com. ANGE: The Director of Purchasing, Palm Beach County, by written notification to the successful bidder may make minor changes to the contract terms. Minor changes are defined as modifications which do not significantly alter the scope, nature, or price of the specked goods or services. Typical minor changes include, but are not limited to, place of delivery, method of shipment, minor revisions to customized work specifications, and administration of the contract. The successful bidder shall not amend any provision of the contract without written notification to the Director of Purchasing, and written acceptance from the Director of Purchasing or the Board. DEFAULT: The County may, by written notice of default to the successful bidder, terminate the contract in whole or in part if the successful bidder fails to satisfactorily perform any provisions of this solicitation or resultant contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant contract, or provides repeated non-performance, or does not remedy such failure within a period of 10 days (or such period as the Director Page 108 of 510 of Purchasing may authorize in writing) after receipt of notice from the Director of Purchasing specifying such failure. In the event the County terminates the contract in whole or in part because of default of the successful bidder, the County may procure goods and / or services similar to those terminated, and the successful bidder shall be liable for any excess costs incurred due to this action. If it is determined that the successful bidder was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the successful bidder), the rights and obligations of the parties shall be those provided in Section 5f, "Termination for Convenience". TERMINATION FOR CONVENIENCE: The Director of Purchasing may, whenever the interests of the County so require, terminate the contract, in whole or in part, for the convenience of the County. The Director of Purchasing shall give five (5) days prior written notice of termination to the successful bidder, specifying the portions of the contract to be terminated and when the termination is to become effective. If only portions of the contract are terminated, the successful bidder has the right to withdraw, without adverse action, from the entire contract. Unless directed differently in the notice of termination, the successful bidder shall incur no further obligations in connection with the terminated work, and shall stop work to the extent specified and on the date given in the notice of termination. Additionally, unless directed differently, the successful bidder shall terminate outstanding orders and / or subcontracts related to the terminated work. g. REMEDIES,: 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 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. PALM BEACH COUNTY OFFICE OF THE INSPE919RIENEE& AUDIT RE UIREMENTS Pursuant to Palm Beach County Code, Section 2-421 — 2-440, as amended, Palm Beach County's Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 — 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 7. BUSINESS INFORMATION: If bidder is a Joint Venture for the goods / services described herein, bidder shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. THIS IS THE END OF "GENERAL CONDITIONS" Page 9 Page 109 of 510 Page 10 M SPECIAL CONDITIONS 8. GENERAL,,,/ SPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. 9. UALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/or service specified. The bidder shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations. The bidder should submit the following information with their bid response; however, if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within two working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for rejection of their bid. Information submitted with a previous bid shall not satisfy this provision. A. List a minimum of three 3 references in which similar goods and/or services have been provided within the past three years including scope of work, contact names, addresses, e-mail addresses, telephone numbers and dates of service on the attached reference sheet included herein. A contact person shall be someone who has personal knowledge of the bidder's performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding the requirement. 10. CRIMINAL HISTORY RECORDS CHECK This solicitation includes sites and/or buildings which have been designated as either "critical facilities" or "criminal justice information facilities" pursuant to Palm Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance ("Ordinance"), and Resolution R-2003-1274, as amended. County staff representing the User County Department will contact the recommended awardee(s) and provide specific instructions for meeting the requirements of this Ordinance. This provision applies to and must be adhered to by all vendors, contractors, and subcontractors of contractors, including repair persons and delivery persons, who are unescorted when entering critical facilities or criminal justice information facilities. Individuals passing the background check will be issued a badge. Contractor shall make every effort to collect the badges of its employees and its subcontractors' employees upon conclusion of the contract work and return them to the County. If the contractor or its subcontractor terminates an employee who has been issued a badge, the Contractor must notify the County within two (2) hours. At the time of termination, the contractor shall retrieve the badge and return it to the County in a timely manner. The County reserves the right to suspend any Contractor that; 1) does not comply with the requirements of County Code Section 2-371 through 2-377 as amended; 2) does not contact the County regarding a terminated contractor 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. 11. AWARD ITEhA-BY-ITEM Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on an item -by -item basis. The County reserves the right to reject bids which would result in an award which is financially disadvantageous to the County. An award may be considered financially disadvantageous when it would result in an award to a bidder for less than $1,000, or when it would result in awards of multiple small fragments. This policy is predicated on avoidance of increased administrative costs and operational complexity. 12. METHOD OF RDERING TERM CONTRACT A contract shall be issued for a term of twelve L1 21 months or until the estimated amount is expended, at the discretion of the County. The County will order on an "as needed" basis. 13. F.O.B. POINT The F.O.B. point shall be destination. Exact delivery point will be indicated on the term contract delivery order (DO). Bid responses showing other than F.O.B. destination shall be rejected. Bidder retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages. Page 110 of 510 Page 11 14. DELIVERY Delivery shall be required within five 5 calendar days after receipt of term contract delivery order (DO), unless a modified delivery date has been requested by the successful bidder and approved in writing by the Purchasing Director or his/her designee. Failure of the successful bidder to perform to the delivery requirement is sufficient cause for default and termination of the contract. 15. SAMPLES UPON RE UEST Bidders shall provide, without cost to the County, samples of requested items. Samples may be used in addition to documentation provided by a bidder to show compliance to technical specifications. Upon request, the County will return undestroyed samples to the unsuccessful bidders, at the bidder's expense. Each individual sample must be labeled with bidder's name, manufacturer's brand name and number, bid number and IFB item reference. Requests for return of samples must be received with the sample and shall include return instructions with shipping authorization and name of carrier: If these instructions are not received, the commodities shall be disposed of by Palm Beach County at its discretion. 16. AS SPECIFIED A term contract delivery order (DO) will be issued to the successful bidder with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the successful bidder, items not delivered as specified. At the option of Palm Beach County, item(s) from any delivery may be submitted to an independent testing laboratory to determine conformity to respective specifications. Bidders shall assume full responsibility for payment of any and all charges for testing and analysis of any product offered or delivered that does not conform to the minimum required specifications. 17. QYANTITY The quantities shown are estimated. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Unless stipulated otherwise, Palm Beach County will accept NO minimum order requirements. Additionally, bidders are cautioned to bid in accordance with the unit specified on the bid response page(s). 18. ADDITION / DELETION OF DELIVERY LOCATIONS Palm Beach County reserves the right to add or delete delivery locations (including locations within the Glades) during the term of the contract, including renewals, at its sole discretion. 19. RENEWAL OPTION The successful bidder shall be awarded a contract for twelve (12) months with the option to renew for four 4 additional twelve month period(s). The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. The unit prices bid shall apply for the initial term and each renewal period. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if the successful bidder is suspended by the Purchasing Department prior to the commencement of the renewal period. 20. BRAND/ MANUFACTURER REFERENCED Only the referenced manufacturer will be considered. Bids will be considered only from manufacturers or their authorized dealer/distributor/reseller. 21. ATTACHMENT(S1 Attachment A is included and is considered to be a component of this bid. 22. PACKAGING/ SHIPPING LABELS Each carton, case, and/or package delivered as a result of the contract shall include a shipping label and packing slip. Each shipping label shall specify the Purchase Order number, and the carton/case/package number per total number of cartons/cases/packages shipped for the order. Each packing slip (and all required copies) shall specify the successful bidders name, part number, part description, and the quantity for each part delivered. Parts delivered in the original manufacturer's cartons/cases/packages are acceptable, and each carton/case/package shall be labeled or marked with specific information including but not limited to manufacturer's name, part number, product type and style, brand name, size, weight, dimensions, compositional materials, and carton/case/package quantity. Page 111 of 510 Page 12 23. WORKSITE SAFETY 1 SE URITY The successful bidder shall at all times guard against damage or loss to the property of Palm Beach County, the bidder's own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When applicable, the successful bidder shall provide fences, signs, barricades, flashing lights, etc. necessary to protect and secure the worksite(s) and insure that all County, State of Florida, OSHA, and other applicable safety regulations are met. Additionally, successful bidder shall provide for the prompt removal of all debris from Palm Beach County property. Palm Beach County may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or its agents. 24. INSURANCE RE UIRED It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County Purchasing, 50 S. Military Trail, Suite 110, West Palm Beach, FL 33309. Subsequently, the successful bidder shall, during the term of the Contract, and prior to each renewal thereof, provide evidence of insurability to Palm Beach County's insurance management system, prior to the expiration date of each and every insurance required herein. Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X -C -U) must also be included when applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach County as an Additional Insured. , Business Auto Liability Insurance. Successful bidder shall maintain Business Auto Liability Insurance at a limit of liability not less than $500,000 Combined Single Limit Each Accident for all owned, non -owned, and hired automobiles. (In this context, the term "Autos" is interpreted to mean any land motor vehicle, trailer or semi -trailer designed for travel on public roads.) In the event successful bidder neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing successful bidder to maintain only Hired & Non -Owned auto Liability and shall provide either an affidavit or a letter on company letterhead signed by the bidder indicating either the bidder does not own any vehicles, and if vehicles are acquired throughout the term of the contract, bidder agrees to purchase "Owned Auto" coverage as of the date of acquisition. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. Workers' Compensation and Employer's Liability Insurance. Successful bidder shall maintain Workers' Compensation & Employer's Liability Insurance in accordance with Florida Statute Chapter 440. A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County (normally within 2 working days of request). Failure to provide required insurance shall render your bid non-responsive. Except as to Business Auto, Workers' Compensation and Employer's Liability (and Professional liability, when applicable), said Certificate(s) shall clear/ confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due to cancellation (10 days for nonpayment of premium) or non -renewal of coverage. The Certificate Holder shall read: Palm Beach County Board of County Commissioners Purchasing Department 50 S. Military Trail, Suite 110 West Palm Beach, FL 33415 All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis. Page 112 of 510 Page 13 SPECIFICATIONS IFB #19-036R/MB ANTI-SCALANT INHIBITOR, PURCHASE AND DELIVERY OF, TERM CONTRACT (RE-BID) PURPOSE AND INTENT The sole purpose and intent of this Invitation for Bid (IFB) is to secure firm, fixed pricing and establish a term contract for the purchase and delivery of Anti-scalant Inhibitor for Palm Beach County. GENERAL The manufacturer listed herein is the only product/manufacturer acceptable in accordance with the Palm Beach County Water Utilities, Minimum Construction Standards effective January 2017, or current version. APPROVED PRODUCT/ MANUFACTURER WT83 Scales Inhibitor with Fluorescing Tracer. 1. American Water Chemicals (AWC) AWCA A-102 Plus COUNTY'S RESPONSIBILITIES The County shall: 1. Order product on an as needed basis. 2. Have plant superintendent be responsible for signing receipt of delivery. 3. Provide access to delivery locations. SUCCESSFUL BIDDER'S RESPONSIBILITIES The successful bidder shall: 1. Provide pricing per pound (lb) on full tanker loads (2800 gallons) or 275 gallon tote. 2. Deliver product to the following locations: ITEM CURRENT DELIVERY ESTIMATED NO. LOCATIONS PRODUCT REQUIRED QUANTITY WATER TREATMENT PLANT #3 AWC A-102 PLUS _.._. _.. 13026 Jog Road Delivered in full tanker load (2800 gallons). Bulk shipment for this 1 ° Delray Beach, FL 33446 location shall be defined as 6,000 gallons (size of existing tank) no 72,000 lbs. Contact: Dennis Ford minimum order requirements shall be accepted. Successful bidder (561) 638-5085 shall be responsible for hose connection (2'/2" cam-lock) if air line is needed. Plant has a "Chicago" fitting for air line. AWC A-102 PLUS WATER TREATMENT PLANT #9 Delivered in full tanker load (2800 gallons). Bulk shipment for this 22438 SW 7t' Street location shall be defined as 3,000 gallons (size of existing tanks, 2° Boca Raton, FL 33433 two (2) tanks total). No minimum order requirements shall be 70,000 lbs. Contact: Tom Blumberg accepted. Successful bidder shall be responsible for hose (561) 381-5351 connection (2" cam-lock) if air line is needed. Plant has a "Chicago" fitting for air line. ...— LAKE REGION WATER TREATMENT PLANT #11 3 39700 Hooker Highway AWC A-102 PLUS, 40,000 lbs. Belle Glade, FL 33430 Delivered in 275 gallon tote Contact: Mike Turberville (561) 493-6175 Page 113 of 510 Page 14 TECHNICAL REQUIREMENTS Anti-scalant Inhibitor, which is designed to inhibit scale formation in membrane separation process, shall have the following minimum characteristics: 1. Controls Iron precipitation 2. To be used in water with a high fouling potential 3. Shall be certified to NSF Standard 60 for production of potable drinking water in membrane separation 4. Appearance: Clear, colorless to light yellow liquid 5. Solubility in water: Complete 6. pH (as is) @ 25 degrees Celsius 3 — 4 7. Specific gravity 1.10 +/- 0.05 COUNTY ACCEPTANCE Delivered items shall not be considered "accepted" until an authorized agent for Palm Beach County has, by inspection or test of such items, determined that they appear to fully comply with specifications. The Board of County Commissioners may return, at the expense of the successful bidder and for full credit, any item(s) received which fail to meet the County's specifications or performance standards. PAYMENT Payment will be based on the unit price offered on the Bid Response page. Payment shall be rendered ONLY upon the County's satisfaction and acceptance of item(s) delivered. Price shall include, but is not limited to, all supervision, labor, equipment, materials, tools, machinery, transportation, travel, manpower, fuel, mobilization, demobilization and other facilities and services necessary to fully and completely provide the item(s) as specified above. No additional compensation shall be offered or paid. Page 114 of 510 Page 15 BID RESPONSE IFB #19-036R/MB ANTI-SCALANT INHIBITOR, PURCHASE AND DELIVERY OF, TERM CONTRACT (RE-BID) ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL OFFER NO. QUANTITY [-— SCALE INHIBITOR WITH FULL TANKER LOAD (2800 gallons) Plant #3 1 Approved Products/Manufacturers: 72,000 Ib American Water Chemicals (AWC) AWC A-102 PLUS $ SCALE INHIBITOR WITH FULL TANKER LOAD (2800 gallons) Plant #9 2 Approved Products/Manufacturers: 70,000 Ib American Water Chemicals (AWC) AWC A-102 PLUS_ SCALE INHIBITOR WITH 275 GALLON TOTE, Plant #11 �_ 3. Approved Products/Manufacturers: 40,000 Ib American Water Chemicals (AWC) AWC A-102 PLUS All unit prices bid should be within two (2) decimal points. If bidders pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Acknowledge Qualification of Bidders information is included, per Term #9? YES/INITIAL Acknowledge Criminal History Records Check requirement, per Term #10? YES/INITIAL Acknowledge Insurance requirements, per Term #24? YES/INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition #7., if bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of the County, provide a copy of the Joint Venture Agreement signed by all parties. Commercial Non-Discrimination Certification: By signing below, bidder hereby certifies, per General Term and Condition #3n. that: (i) the information set forth therein is true and correct to the best of the bidder's knowledge; and (ii) there are no legal/administrative proceedings required to be disclosed, except as disclosed in bidder's response. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: PRINT NAME: *SIGNATURE: �., PRINT TITLE: ADDRESS: CITY / STATE: ZIP CODE: TELEPHONE # ( ) E-MAIL: TOLL FREE # ( ) FAX #: ( ) APPLICABLE LICENSE(S) NUMBER #� TYPE:... FEDERAL ID # Page 115 of 510 Page 16 ATTACHMENT A AFFIRMATIVE PROCUREMENT INITIATIVES (API) FOR GOODS AND OTHER SERVICES The API(s) approved for this project is/are listed below. Any response that fails to comply with this API requirement(s) after the period allowed for waiver requests has lapsed, shall be deemed non-responsive. Please note that all forms related to the EBO Program, including waiver forms and good faith effort documentation can be found at: htt a/discov r. beov.or /oebo/Pa es/Docum nts.as x Waiver of Affirmative Procurement Initiatives APIs Re uirements, In accordance with the EBO Ordinance, the Affirmative Procurement Initiatives (APIs) have been waived for this solicitation. However, if any Bidder intends to utilize any subcontractors/subconsultants as part of their response to this solicitation, the applicable OEBO Schedules must be submitted with their response for compliance tracking purposes. Page 116 of 510 Page 17 QUALIFICATION OF BIDDERS REFERENCES FOR IFB #19-036R/MB Bidder shall list references in accordance with the requirements set forth in the Qualifications of Bidders. REFERENCE NAME: ADDRESS: .— This Contact must be informed that they CONTACT NAME: are listed as a reference, and the County PHONE: _......� ..... _���..... CELL PHONE: CONTACT INFORMATION: FAX: EMAIL: SCOPE OF WORK: CONTRACT DATES: FIRM NAME: i This Conte are listed may be ca mmPHONE: �mm... CELL PHONE: FAX: EMAIL: Page 117 of 510 Page 18 CERTIFICATION OF BUSINESS LOCATION IFB #19-036R/MB In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1) bidders having a permanent place of business in Palm Beach County ("County") or (2) bidders having a permanent place of business in the Glades that are able to provide the goods and/or services to be utilized within the Glades. To receive a local preference, bidders must have a permanent place of business within the County or the Glades, as applicable, prior to the County's issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the bidder to provide the goods/services being solicited by the County, and will be used to verify that the bidder had a permanent place of business prior to the issuance of the solicitation. The bidder must ,submit this Certification of Business Location ("Certification") along with the required Business Tax Receipt at the time of bid or quote submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder to not receive a local preference. In instances where the bidder is exempt by law from the requirement of obtaining a Business Tax Receipt, the bidder must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the bidder had a permanent place of business within the County or the Glades prior to the date of issuance of the solicitation. The County hereby retains the right to contact said bidders for additional information related to this requirement after the bid/quote due date. Bidder is a: Local Business: A local business has a permanent place of business in _..ww_. Palm Beach County. Please indicate): Headquarters located in Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services. Glades Business: A Glades business has a permanent place of business in the Glades. (Please indicate): _ ...a Headquarters located in the Glades Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services. II. The attached copy of bidder's County Business Tax Receipt verifies bidder's permanent place of business. THIS CERTIFICATION is submitted by M _m.IT��� .. as (Name of Individual) of (Title/Position) (Firm Name of Bidder) who hereby certifies that the information stated above is true and correct and that the County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business with the bidder. (Signature) (Date) Page 118 of 510 Page 19 DRUG-FREE WORKPLACE CERTIFICATION IFB #19-036R/MB IDENTICAL TIE BIDS/ DOTES, - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bids/quotes the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however, that any preference given pursuant to Section 287.087, shall be made in conformity with the requirements pursuant to the Palm Beach County Code, Chapter 2, Article ill, Sections 2-80.21 thru 2-80.34. In the event tie bids/quotes are received from vendors who have not submitted with their bids/quotes a completed Drug -Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids/quotes. This Drug -Free Workplace Certification form must be executed and returned with the attached bid/quote, and received on or before the published bid/quote submission deadline to be considered. The failure to execute and/or return this certification shall not cause any bid/quote to be deemed non-responsive. Whenever two (2) or more bids/quotes which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bidlquote received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). (4) In the statement specified in number (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, 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. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by the (individual's Name) of (Title/Position with Company/Vendor) (Name of Company/Vendor) who does hereby certify that said Company/Vendor has implemented a drug-free workplace program which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above. Signature Date Revised - 11/10/16 Page 119 of 510 OEBO SCHEDULE 1 LIST OF PROPOSED CONTRACTORICONSULTANT AND SUBCONTRACTOR/SUBCONSULTANT PARTICIPATION SOLICITATION/PROJECT/BID NAME: SOLICITATION/PROJECT/BID No.: NAME OF PRIME RESPONDENT%BIDDER: ADDRESS: CONTACT PERSON: PHONE NO.: E-MAIL: SOLICITATION OPENING/SUBMITTAL DATE: DEPARTMENT: _ PLEASE LIST THE DOLLAR AMOUNT OR PERCENTAGE OF WORK TO BE COMPLETED BY THE PRIME CONTRACTOR CONSULTANT ON THIS PROJECT. PLEASE ALSO LIST THE DOLLAR AMOUNT OR PERCENTAGE OF WORK TO BE COMPLETED BY ALL SUBCONTRACTORS�SUBCONSULTANTS ON THE PROJECT. (Check all Applicable Categories) Non -SBE M BE SBE DOLLAR AMOUNT OR PERCENTAGE OF W ORK Minaky/Women Small Black Hispanic Women Caucasian Other Name, Address and Phone Number Business Business (Please Specify) 1. E 2. El 4. F] ❑ EJ 5 _.... _... El (Please use additional sheets if Total Total Bid Price $..__ _ Tata158E- M/WBE Partkipafion .__ 1 hereby certify that the above Information Is accurate to the best of my knowledge: --- Signature Title Note: 1. The amount listed on this form for a Sulxomraetor/Subconsuftant must be supported by price or percentage listed on the properly executed Schedule 2 o attached signed proposal. 2. Firms may be certified by Palm Beach County as an SBE amt/or an M/WBE. N firms are certified as both an SBE and/or M/WBE, please Indicate the dollar amount under the appropriate category. 3. Modification of this form Is not permitted and will be rejected upon submittal. Revised 02J28/2019 Page 20 Page 120 of 510 Page 21 OEBO LETTER OF INTENT- SCHEDULE 2 A com leted Schedule 2 is a bindin document between the Prime Contractor Consultant and a Subcontractor Subconsultant for an tier and should be treated as such. The Schedule 2 shall contain bolded Ian ua a indicatin that bsi ninthe Schedule 2, both oarties, reco nine this Schedule as a binding document. All Subcontractors/Subconsultants, including any tiered Subcontractors/Subconsultants, must properly execute this document. Each properly executed Schedule 2 must be submitted with the bid/proposal. SOLICITATION/PROJECT NUMBER: SOLICITATION/PROJECT NAME: Name of Prime: (Check box(es) that apply) ❑ SBE ❑ WBE ❑ MBE ❑ M/WBE ❑ Non-S/M/WBE Date of Palm Beach County Certification (if applicable):,... The undersigned affirms they are the following (select one from each column): Column 1 Column 2 ❑ Male ❑ Female ❑African-American/Black OAsian American ❑Caucasian American ❑Hispanic American ❑Native American S/M— WBE PARTICIPATION — SZMZWBE Primes must document all work to be erformed by their own work force on this form. Failure to submit a properly executed Schedule 2 for any S M WBE participation may result in that participation not being counted. Specify in detail, the scope of work to be performed or items supplied with the dollar amount and/or percentage for each work item. S/M/WBE credit will only be given for the areas in which the S/M/WBE is certified. A detailed proposal may be attached to a properly executed Schedule 2. Line Item Description Unit Price Quantity/ Contingencies/ Total Price/Percentage Item Units Allowances �_ _.—.._ _ ......._ . _... �....... ._ ......__..._.—...-....�._._ .....�..._..__.�.......___..�. t .... _._ ............... The undersigned Subcontractor/Subconsultant is prepared to self -perform the above-described work in conjunction with the aforementioned project at the following total price or percentage: If the undersigned intends to subcontract any portion of this work to another Subcontractor/Subconsultant, please list the business name and the amount below accompanied by a separate properly executed Schedule 2. Price or Percentage: Name of 2nd/3'd tier Subcontractor/Subconsultant Print Name of Prime By: Authorized Signature Print Name Title Date: Print Name of Subcontractor/Subconsultant By: Authorized Signature Print Name Title Revised 02/28/2019 Page 121 of 510 SUBCONTRACTOR ACTIVITY FOR MONTH ENDING PROJECT NAME PRIME CONTRACTOR NAME OEBO SCHEDULE 3 SUBCONTRACTOR ACTIVITY FORM PROJECT # Page 22 PROJECT SUPERVISOR Schedule 3 is used to show the monthly payment activity for work performed by each Subcontractor on the project and in conformity with the Subcontractor(s) submitted on Schedule 2. It also shows approved change orders as they impact all Subcontractors. Schedule 3 is to be submitted by the Prime Contractor with each payment request to Palm Beach County. In the Subcontracting Information section, list the name(s) of each Subcontractor, including each S/M/WBE subcontractor on the project and the total contracted amount for each Subcontractor on the project. As the project proceeds, please complete each column under the Subcontractor Information section. If a subcontractor is an S/M/WBE, please check the appropriate categories applicable. nnkrreArTuux nucnRMeTtnM Subcontractor Category (check all applicable) Nameof Subcontractor(s) Total Approved Revised Amount I Contract Change Contract drawn for Amount Orders Amount Sub this Period Amount Amount Paid Actual Minority/ Small Black Hispanic drawn for to Date for Starting Date Women Business Sub to Date _ Subcontractor Business Women Caucasian Other (Please S i Additional Sheets May Be Used As Necessary I hereby certify that the above information is accurate to the best of my knowledge _ (Signature) NOTE: Firms may be certified as an SBE and/or an M/WBE. If firms are certified as both an SBE and MMtBE, the dollar amount will not be counted twice. Revised 02j28j2019 Page 122 of 510 Page 23 OEBO SCHEDULE 4 — SUBCONTRACTOR/SUBCONSULTANT PAYMENT CERTIFICATION A properly executed Schedule 4 shall be submitted for each Subcontractor/Subconsultant after receipt of payment from the Prime. The Prime shall submit this form with each payment application or invoice submitted to the County when the COUNTY has paid the Prime on the previous payment application for services provided by a Subcontractor/Subconsultant. All named Subcontractors/Subconsultants on this form must also complete and submit a separate Schedule 4 after receipt of payment. If the Prime is an S/M/WBE, completion of a Schedule 4 is also required to document all portions of work performed by their work force. A completed release of lien form can be submitted in lieu of a Schedule 4. This is to certify that received a (Subcontractor/Subconsultant Name) (Monthly) or (Final) payment of $ . [= for Drawn (Month) On m m from MM DD YYYY (Prime Contractor Name) for labor and/or materials used on / (Project Name) (Work/Task Order/Project Number) DEPT.: PROJECT NO.: PRIME CONTRACTOR/CONSULTANT VENDOR CODE: SUBCONTRACTOR/SUBCONSULTANT VENDOR CODE: If the undersigned intends to distribute any portion of this payment to another Subcontractor/Subconsultant, please list the business name and the amount below accompanied by a separate properly executed Schedule 4. Price or Percentage: Name of 2nd/31 tier Subcontractor/Subconsultant By: (Signature of Subcontractor/Subconsultant) (Name & Title of Person executing on behalf of Subcontractor/Subconsultant) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this By: day of 20 Notary Public, State of Florida Print, Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identification Revised 02/28/2019 Page 123 of 510 PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the, County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition #7., if bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of the County, provide a copy of the Joint Venture Agreement signed by all parties. Commercial Non -Discrimination Certification: By signing. below, bidder.hereby certifies, per General Term and Condition #3n. that: (i) the information set forth therein is true and correct to the best of.:the bidder's knowledge; and (II) there are no legal/administrative proceedings required to be disclosed, except as disclosed in binder's response. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: American Water Chemicals, Inc. 9/5/19 PRINT NAME: Mohannad Almalki *SIGNATURE.. 'PRINT TITLE: President ADDRESS: 1802 Corporate Center Lane Plant Ci: F CITY/ STATE: ky, L 33563 ZIP CODE: 33563 TELEPHONE # (813 j' 246-5448 E-1VIAlL: customerservice@membranechemicals.00m TOLL FREE . # ( )' FAX #: (813 ) 623-6678 APPLICABLE LICENSE(S) NUMBER # F94000001871 TYPE: FL State License FEDERAL ID # 95-4412808 Page 124 of 510 Page 15 BID RESPONSE IFB #19-036R/MB ANTI-SCALANT INHIBITOR, PURCHASE AND DELIVERY OF, TERM CONTRACT (RE -BID) ITEM' DESCRIPTION ESTIMATED NO. QUANTITY UNIT OFFER SCALE INHIBITOR WITH FULL TANKER LOAD (2800 gallons) Plant#3 1 Approved ProductsllYlanufacturers: 72,000 Ib 70.85s American Water Chemicals (AWC) 00.00 AWC A -1a2 PLUS.`'.. SCALE INHIBITOR WITH FULL TANKER LOAD (2800 gallons) Plant #9 2• Approved Praducts/Manufacturers: 70,000 Ib American Water Chemicals (AWC) $ 0.85 59 500.00 AWC.A-102 PLUS. _;,". (SCALE INHIBITOR.WITH 275 GALLON TOTE, Plant #11 3 Approved Products/Manufacturers: 40,000 Ib American Water Chemicals (AWC) g_ 0.85 AWC A-102 PLUS ;34,000.00 All unit prices bid should be within tWb (2) decimal points. H bidder's pricing exceeds two (2) decirnal points, Purchasing reserves the right to round up or down accordingly. Acknowledge Qualification of Bidders information is included, per Term #9? /INITIAL,_ Acknowledge Criminal History Records Check requirement, per Term #10? /INITIAL Acknowledge Insurance; requirements, per Term #24? YE INITIAL PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the, County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition #7., if bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of the County, provide a copy of the Joint Venture Agreement signed by all parties. Commercial Non -Discrimination Certification: By signing. below, bidder.hereby certifies, per General Term and Condition #3n. that: (i) the information set forth therein is true and correct to the best of.:the bidder's knowledge; and (II) there are no legal/administrative proceedings required to be disclosed, except as disclosed in binder's response. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: American Water Chemicals, Inc. 9/5/19 PRINT NAME: Mohannad Almalki *SIGNATURE.. 'PRINT TITLE: President ADDRESS: 1802 Corporate Center Lane Plant Ci: F CITY/ STATE: ky, L 33563 ZIP CODE: 33563 TELEPHONE # (813 j' 246-5448 E-1VIAlL: customerservice@membranechemicals.00m TOLL FREE . # ( )' FAX #: (813 ) 623-6678 APPLICABLE LICENSE(S) NUMBER # F94000001871 TYPE: FL State License FEDERAL ID # 95-4412808 Page 124 of 510 Page 17 QUALIFICATION OF BIDDERS REFERENCES FOR IFB #19-036R/MB Bidder shall list references in accordance with the requirements set forth in the Qualifications of Bidders. REFERENCE NAME:J715 Fort Pierce Utility Authority ADDRESS: S. 25th St, Fort Pierce, FL 34947 Steve Murto, Water Resource Operations This Contact must be informed that they CONTACT NAME: are listed as a reference, and the County rnay be callin them. PHONE: 772-466-1600 ext.4389 CELL PHONE: CONTACT INFORMATION: FAX: EMAIL: smurto@fpua.com SCOPE OF WORK: Supply Antiscalant in Totes CONTRACT DATES: 2006 to Present REFERENCE NAME: Seacoast Utility Authority ADDRESS: 4200 Hood Road, Palm Beach Gardens, FI 33410 «- This Contact must be informed that they CONTACT NAME: Michael Conkling, Water Superintendent are listed as a reference, and the County may be calling them. CONTACT INFORMATION: PHONE: 561)627-290 ext. CELL PHONE: 561-223-5443 FAX: 561-656-2238 EMAIL:moonkling@sua.com SCOPE OF WORK: Supply Antiscalant in Bulk CONTRACT DATES: 2013 to Present REFERENCE NAME: City of Port St. Lucie ADDRESS: 900 SE Ogden Lane, Port St. Lucie, FL 34983 med that they CONTACT NAME: Dan Burdett, Chief Operator This Contact must be inforare listed as a reference, and the County rnaw be ONE: ���� CELL PHONE. them PH CONTACT INFORMATION: FAX: 772-873-6484 EMAIL: dburdett cit of sl.com SCOPE OF WORK: Supply Antiscalant in Bulk CONTRACT DATES: 2008 to Present FIRM NAME: American Water Chemicals, Inc. Page 125 of 510 Page 18 CERTIFICATION OF BUSINESS LOCATION IFB #19-0361RUJIMB In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1) bidders having a permanent place of business in Palm Beach County ("County") or (2) bidders having a permanent place of business in the Glades that are able to provide the goods and/or services to be utilized within the Glades. To receive a local preference, bidders must have a permanent place of business within the County or the Glades, as applicable, prior to the County's issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the bidder to provide the goods/services being solicited by the County, and will be used to verify that the bidder had a permanent place of business prior to the issuance of the solicitation. The bidder must submit this Certification of Business Location ("Certification") along with the required Business Tax Receipt at the time of bid or quote submission. The Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the bidder to not receive a local preference. In instances where the bidder is exempt by law from the requirement of obtaining a Business Tax Receipt, the bidder must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the bidder had a permanent place of business within the County or the Glades prior to the date of issuance of the solicitation. The County hereby retains the right to contact said bidders for additional information related to this requirement after the bid/quote due date. N/A Bidder is a: Local Business: A local business has a permanent place of business in Palm Beach County. (Please indicate): Headquarters located in Palm Beach County Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services. Glades Business: A Glades business has a permanent place of business in the Glades. (Please indicate): Headquarters located in the Glades Permanent office or other site located in the Glades from which a vendor win produce a substantial portion of the goods or services. The attached copy of bidder's County Business Tax Receipt verifies bidder's permanent place of business. THIS CERTIFICATION is submitted by, , as (Name of Individual) , of (Title/Position) (Firm Name of Bidder) who hereby certifies that the information stated above is true and correct and that the County Business Tax Receipt is a true and correct copy of the original. Further, it is hereby acknowledged that any misrepresentation by the bidder on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business with the bidder. (Signature) (Date) Page 126 of 510 a Page 19 DRUG-FREE WORKPLACE CERTIFICATION IFB #19-036R/MB ENTICAL TIE BIDS/ DOTES - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bids/quotes the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however, that any preference given pursuant to Section 287.087, shall be made in conformity with the requirements pursuant to the Palm Beach County Code, Chapter 2, Article III, Sections 2.80.21 thru 2-80.34. In the event tie bidsiquotes are received from vendors who have not submitted with their bids/quotes a completed Drug -Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids/quotes. This Drug -Free Workplace Certification form must be executed and returned with the attached bidlquote, and received on or before the published bidlquote submission deadline to be considered. The failure to execute and/or return this certification shall not cause any bidlquote to be deemed non-responsive. Whenever two (2) or more bids/quotes which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bidlquote received from a business that certifies that it has Implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). (4) In the statement specified in number (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, 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. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by Mohannad Almalki the (Individual's Name) President of American Water Chemicals, Inc. (Title/Position with CompanyNendor) _ (Name of CompanyNendor) who does hereby certify that said CompanyNendor has implemented a drug-free workplace program which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above. Reftod. 11110/16 i ra ure �. 915/19 Date Page 127 of 510 I Page 20 OESO SCHEDULE 1 LIST OF PROPOSED CONTRACTOR/CONSULTANT AND SUBCONTRACTOR/SUBCONSULTANT PARTICIPATION SOLICITATION/PROJECT/BID NAME: Anti•Scalant Inhtbitor, Purchase anal Delivery of SOLICITATION/PROJECT/BID No.: IF$# 19-036R/M$ NAME OF PRIME RESPONDENT/BIDDER: American Water CtlerniCals, Ino. _ ADDRESS: 1802 Corporate Center Lane Plant City, FL 33563 CONTACT PERSON: Veronicra a VaPHONE NO.: 813-246-5448 VMAIL: tx1$tomerservit)a membranech SOLICITATION OPENING/SUBMITTALDATE:9/12!19 DEPARTMENT:, micals.com PLEASE LIST THE DOLLAR AMOUNT OR PLEASE ALSO LIST THE DOLLAR AMOUNT OR RACENTAGGE OF EOOF WORK TO BE CORK TO BE MPLETED BY All URONT ACTOD BY THEN YSU O I LT THIS PROJECT. RACTORS SUBCONSULTANTS ON THE PROJECT. (Chad d APPIMMe Cate{ofles) MANDE 211[ DOLLAR AMOUNT OR PERCENTAGE OF 1NORIr MwAftBasY a B Mess Blade Hhpank Women caeca'" Other Name, Address and Phone Handier PW -Specify) 1. Not Applicable 2. 9. El ❑ ❑ S. ❑ ❑ ❑ �..... .......... _.... (Please use additional sheets H necessary) Total Total Bid Pike S.. __... �. Total SBE • M/WBE Participation _...,.,,,,...�. Ihembycedlythat the Aon lMamaHonIsaccurate to0mbastormyW�ossled{e: , President Title..... NOW 1. The amount listed on this form for a Subcomrxtor/Wbconaduntmust besupportedby price a percenta3e Bated on the properly executed Schedule 2 or attached slpad proposal 2. Firms any be adHled Im Palm Beach Cooly as an SBE and/or an M/WBE. If Rums are certified as both an SBE and/or M/MIBE. Please indicate the Closer amm"t under the appropriate cOWICN. 3. Modification of tisk form Is not permRled and will be rejected upon submittal. Revised 02/28/2019 Page 128 of 510 Page 21 OEBO LETTER OF INTENT —SCHEDULE 2 A cpm feted Schedule 2 is a bindin document between the Prime Contractor Consultant and a Subcontractor Subconsultant for an tier and should be treated as such. The Schedule 2 shall contain bol ed language indicatin that b s' njn the Schedule 2�,,both arties recd n)zg this Schedule as a bindin docum nt. All Subcontractors/Subconsultants, Including any tiered Subcontractors/Subconsultants, must properly execute this document. Each properly executed Schedule 2 must be submitted with the bid/proposal. SOLICITATION/PROJECT NUMBER: Not applicable SOLICITATION/PROJECT NAME: Name of Prime: (Check boxes) that aoplvl 0 SBE 0 WBE ---MBE M/WBE Non-S/M/WBE Date of Palm Beach County Certification (if applicable):, The undersigned affirms they are the following (select one from each column): ColumnJ Column 2 Male Female =African-American/Black Aslan American rCaucasian American 'Hispanic American 'Native American SIM/WBE PARTICIPATION — S/M/WBE Primes must document all work to be performed by their own work force on this form. Failure to submit a properly executed Schedule 1 for any S/M/Wi9E participation may result in that participation not being counted. Specify in detail, the scope of work to be performed or items supplied with the dollar amount and/or percentage for each work item. S/M/WBE credit will only be given for the areas in which the S/M/WBE is certified. A detailed proposal may be attached to a properly executed Schedule 2. Line Item Item Description Unit Price Quantity/ Units Contingencies/ Allowances Total Price/Percentage The undersigned Subcontractor/Subconsultant is prepared to self -perform the above-described work in conjunction with the aforementioned project at the following total price or percentage: E­------n- a dersigned Intends to subcontract any portion of this work to another Subcontractor/Subconsultant, please list the business name mount below accompanied by a separate properly executed Schedule 2. Price or Percentage: ame of 2^d/3rd tier Subcontractor/Subconsultant Print Name of Prime By: Authorized Signature Print Name Title Date: Print Name of Subcontractor/Subconsultant By a. Authorized Signature Print Name Title Date: Revised 02/28/2019 Page 129 of 510 I Page 22 OESO SCHEDULE 3 SUBCONTRACTOR ACTIVITY FORM SUBCONTRACTOR ACTIVITY FOR MONTH ENDING PROJECT # PROJECT NAME Not applicable PRIME CONTRACTOR NAME PROJECT SUPERVISOR Schedule S Is used to show the monthly payment activity for work performed by each Subcontractor on the project and In conformity with the Subcontractor(s) submitted on Schedule 2. it also shows approved change orders as they impact all Subcontractors. Schedule 3 is to be submitted by the Prime Contractor with each payment request to Palm Beach County. In the Subcontracting Information section, list the name(s) of each Subcontractor, Including each SIMMSE subcontractor on the project and the total contracted amount for each Subcontractor on the project. As the project proceeds, please complete each column under the Subcontractor Information section. If a subcontractor is an SIM/WBE, please check the appropriate categories applicable. SUBCONTRACTING INFORMATION Subcontractor Category (check all applicable) Name of Total Approyad RoNsed Amount Amara ArrwtadPaid Actual Mirrorily! Small a a HKpanie women Ceueassr Odor Subcontractats) Cordrad Change Conrad drawn for drawn for b tete for Mot" Dab Waren lite mess (Pince Amcwd Orders Ammrtt Sub ars Sub to late sdm tracw Bushes Specify) i Period (14 {� Addibond Sheets May Be Used As Necessary 1 hereby @M* the/ the above Warmation is sawele to the best of my Wrowled" (Sigrwttre) ITS) NOTE: Firms may be certified as an SBE and/or an M/WBE. If firms are certified as both an SBE and MWEIE, the dollar amount will not be counted twice. Revised 02/28/2019 Page 130 of 510 Page 23 OESO SCHEDULE 4 — SUBCONTRACTOR/SUBCONSULTANT PAYMENT CERTIFICATION A properly executed Schedule 4 shall be submitted for each Subcontractor/Subconsultant after receipt of payment from the Prime. The Prime shall submit this form with each payment application or invoice submitted to the County when the COUNTY has paid the Prime on the previous payment application for services provided by a Subcontractor/Subconsultant. All named Subcontractors/Subconsultants on this form must also complete and submit a separate Schedule 4 after receipt of payment. If the Prime is an S/M/WBE, completion of a Schedule 4 is also required to document all portions of work performed by their work force. A completed release of lien form can be submitted in lieu of a Schedule 4. This is to certify that Not applicable (Subcontractor/Subconsultant Name) {Monthly) or (Final) payment of $ 11 1 11,1=for Drawn (Month) On m F from MM DD YYYY (Prime Contractor Name) for labor and/or materials used on (Project Name) _ (Work/Task Order/Project Number) DEPT.: ® PROJECT NO.: PRIME CONTRACTOR/CONSULTANT VENDOR CODE: 111 111111 I -T-11 SUBCONTRACTOR/SUBCONSULTANT VENDOR CODE: If the undersigned intends to distribute any portion of this payment to another SubcontractodSubconsultant, please list the business name and the amount below accompanied by a separate properly executed Schedule 4. Price or Percentage: Name of 211d/31d tier Subcontractor/Subconsultant (Signature of Subcontractor/Subconsultant) (Name & Title of Person executing on behalf of Subcontractor/Subconsukant) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this day of , 20 By. Notary Public, State of Florida Print, Type or Stamp Commissioned Name of Notary ersonally Known OR Produced Identification Type of identification Revised 02/28/2019 Page 131 of 510 I ADVANTAGES A broad spectrum antiscalant designed to inhibit inorganic scale formation in membrane separation processes Inhibits calcium carbonate scale up to a Calcium Carbonate Nucleation Index (CCNI) of 2.2 Effectively inhibits formation of calcium sulfate, calcium fluoride, barium sulfate, strontium sulfate and silica r Stabilizes metal ions to prevent metal oxides precipitation and disperses existing metal oxides/ hydroxides, silt and clay particles Approved for use by all major membrane manufacturers Environmetally compatible, especially where discharge of waste into the environment is a concern Certified by NSF to NSF/ANSI Standard 60 TYPICAL PROPERTIES Appearance Odor Solubility in water pH (as is) @ 25C Specific Gravity PACKAGING Clear colorless to yellow liquid Characteristic Complete < 3.5 1.10 t 0.10 5 gallon pails, 55 gallon non -returnable plastic drums, 275 gallon totes and bulk shipments Membrane Antiscalant- Broad Spectrum SAFETY & HANDLING Store in a cool, dry place. In accordance with good safety practice, handle with care and avoid contact with eyes and prolonged or repeated contact with skin. For more information, see the Safety Data Sheet provided with this product. CHEMICAL FEEDING AND CONTROL Normally fed continuously prior to the final cartridge filter. It should be injected by chemical dosing pump from a dilution tank or directly from the drum to the feedwater line. The amount of AWC A-102 Plus required to inhibit scale formation depends on the quality of feed water and operational parameters of the membrane system. An AWC technical representative will provide you with the specific control range and the approximate dosage rate for your system. r ..f � %f ��% +�,��, ,:1 r. ,yr✓IJr;/ ';%fid "lir %;, %yf %; ijrii,ll � ,J ,:... f / i/rf I !� /iy ,r�.rP I// o r� ;i%//rfc/%.�„/lirrlGli, ,,,i �, , �,% / it„rr��rr �/%,�;; �,,,/ /r/'°'%i /�, � `i. P. +1.813.246.5448 1 E: info@membranechemicals.com I www.membranechemicals.com e 1993-2018 American Water Chemicals', Inc. All Rights Reserved AVIt Foam No 446•R3 02.27.18 Page 132 of 510 SAFETY DATA SHEET AMERICAN WATER CHEMICALS`, INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Page I lb- ENTITY�� AWC® A-102 PLUS Section I Company and Product Identification AMERICAN WATER CHEMICALS®, INC. �._ ChemTel . �......_.___.....n...... _ _.. phone Number: In the U.S.: 1-800-255-3924 1802 Corporate Center Lane International: 1-813-248-0585 Plant City, FL 33563 Australia: 1-300-954-583 Telephone Number: (813)-246-5448 Brazil: 0-800-591-6042 China: 400-120-0751 India: 000-800-100-4086 Mexico: 01-800-099-0731 .�.. ...._.._ ..�....._..-.....w. Date Prepared: March 1999 Date Revised: February, 2019 Q Trade Name . —I AWC A-102 PLUS __.. ...._._ Section II - Hazards Identification Signal Word: WARNING Acute Toxicity: Oral, Category 5 Concentrated product may be harmful if swallowed. Skin Corrosion/Irritation, Category 5 May be slightly irritating to skin. Serious eye Irritation: Category 2 ................ GHS Hazard Phrases H303 + H313: May be harmful if swallowed at full concentration and slightly irritating to skin. H-319 Serious eye damage/eye irritation. GHS Precaution Phrases P103: Read label before use w w m. GHS Response Phrases P311: Call a poison center/doctor/... if you feel unwell GHS Storage and Disposal Phrases Please refer to section 7 for storage and section 13 for Dis osal information AWC Form No. 216 Page 133 of 510 SAFETY DATA SHEET AMERICAN WATER CHEMICALS*, INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Section 111- Hazard Ingredients/Composition Information Page 2 Section IV — First Aid Procedures Section V - Fire Fighting Measures Section VI — Accidental Release Measures Steps to Be Taken in Case Matea p Material is Released or Spilled: p Material is Released or Spilled: Ventilate area. Use specified protective equipment. Contain and absorb on absorbent material. Place in waste disposal container. Flush area with water. Wet area may be slippery. Spread sand/ght. Additional Information: Planning ahead is essential for handling spills. Proper equipment and trained employees should be readily available to correct a spill situation. Prevent entry to sewers and public waters. Notify authorities if li uidITenters sewers and ublic waters.Avoid release to the environment........M__.� _ w AWC Form No. 216 Page 134 of 510 SAFETY DATA SHEET f AMERICAN WATER CHEMICALS-, INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Page 3 Section VII - Handling and Storage __......®._.. _ Precautions to Be taken In ......... ....... _. _ _ . _...... Use appropriate protective wear. Observe all recommended safety Handling (General): precautions until container is cleaned, reconditioned or destroyed. The reuse of this material's container for non -industrial purposes is prohibited and any reuse must be in consideration of the data provided in this material safety data sheet. Precautions for safe store a and Keep container closed when not in use. Protect from freezing. Do not store any incompatibilities in elevated temperatures. Section Vlll — Exposure Controls and Personal Protection Components (Specific OSHA TWA ACGIH STEL ACGIH Other Limits Chemical Identity; PEL Recommended Common Name(s)) None has been None None None NA established Section IX - Physical/Chemical Characteristics NR: NOT REQUIRED, NE: NOT ESTABLISHED, NA: NOT APPLICABLE Section X — Stability 8 Reactivity Data AWC Form No. 216 Page 135 of 510 N SAFETY DATA SHEET AMERICAN WATER CHEMICALSR', INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Additional Information: none Section XI— Toxicological Information Available data on closely related material indicates the ORAL LD50(Rats)- >2,400 mg/kg (Estimated value) DERMAL LD50(Rabbits): >7,940 mg/kg (Estimated value) EYE IRRITATION: Not established SKIN IRRITATION: Not established Mutagenic: Not listed. Teratogenic: Not listed Re roroductive Toxicit Not listed. Primary Route of Exoosure: Body contact. .... ... Section XII — Ecological Information Available data on closely related material Indicates the following: Aquatic Toxicity: Daphnia Magna 48 Hr. acute toxicity LC50=2700 mg/L, no effect level = 1540 mg/L Fathead Minnow 96 Hr. cute toxicity, no effect level = 5000 m /L Biodegradation: BOD -28 = 1 mg/g BOD -5 = 1 mg/g COD = 116 mg/g Section XIII - Disposal Consideration Page 4 mmWaste Disposal Meth ...�._.. - sposal Method: Method: Water contaminated with this product may be sent to a sanitary sewer treatment facility, in accordance with any local agreement, a permitted waste treatment facility or discharge under a permit. Product as is- Incinerate or land dispose in an approved land fill. If this undiluted product Is discarded as a waste, the US RCRA hazardous waste identification number is not applicable. The state and local requirements for waste disposal may be more restrictive or otherwise different from federal regulations. Consult state and local regulations regarding the proper disposal of this material. Section XIV - Transport information b.—d-7—.—P—roper Shipping Name: N/A D.O.T. Hazard Class: N/A D.O.T. LABEL: N/A No: AWC Form No. 216 Page 136 of 510 I SAFETY DATA SHEET AMERICAN WATER CHEMICALSkk, INC. 1802 CORPORATE CENTER LANE PLANT CITY, FL 33563 Section XV - Regulatory Information Potable Water Approval: This product is NSF/ANSI Standard 60 certified. Maximum use level W= 10mg Section XVI - Other information NFPA RATINGS: Page 5 The data contained in this safety data sheet has been prepared based upon an evaluation of the ingredients contained in the product, their concentrations in the product and potential interactions. The information is offered in good faith and is believed to be accurate. It is furnished to the customer who is urged to study it carefully to become aware of hazards, if any, in the storage, handling, use and disposal of the product; and to insure his employees are properly informed and advised of all safety precautions required. AWC Form No. 216 Page 137 of 510 Listing Category Search Page I NSF International u The Public Health and Safety Organization SF Product and Se � cae Listings These NSF Official Listings are current as of Thursday, June 27, 2019 at t11.15 wm Pastern Time. Please contkVNSF to confirm the status of any listing, report errors, or make suggestions. Alert: NSF is concerned about= fraudulent downlooding and -manipulation of website text. Always confirm this information by cU.cking on the below link for the most. accurate information: http:Ilinfo nsf oMr Certif*.diPwsChenlitatslL-istiop,. Wp? Caripany tar *-ametftan+waterfkTiroddName=AWC+A%2D1O2fPlus4 NSF/ANSI 60 ( Drinking Water Treatment Chemicals - Health Effects American Water Chemicals, Inc. 1802 Corporate Center Lane Plant City, FL 33563 United States 888.217.8757 813-246-5448 Visit this company's website Facility : Plant City, FL Miscellaneous Water Supply Products Trade Designation Product Function Max Use AWC A-102 Plus Reverse Osmosis Antiscalant 10mg/L I hitp://info.nsf.org/...water&TradeName=AWC+A-102+Plus&ChemicalName=&ProductFunction=&PlantState=&PlantCountry=&PlantReOpd l:2 69b "qI bm] Listing Category Search Page I NSF International '! i'=i - c-:afiea L - r .._ a_ _ L=—tse Number of matching Manufacturers is 1 Number of matching Products is 1 Processing time was 0 seconds CONNECT WITH NSF vt bw 2012 .14F I-tz?l l3t'OR;t. AN r:grts r=server. hltp://info.nsf.org/...water&TradeName=AWC+A-102+Plus&ChemicalName=&Product Function=&PlantState=&PlantCountry=&PlantRegion=[6/27/20194:59:01 PM Page 139 of 10 Client#: 1696523 131AMERIENG DATE (MMIDDIYYYY) ACORD," CERTIFICATE OF LIABILITY INSURANCE 4/29/2019 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 inWADDITI0RAL INSURED, the policy(les) m ust 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 any rights to the certificate holder In lieu of such endomement(s). PRODUCER E McGriff Insurance Services _.._ 1. No, Ext 407691-9600 $AI ! 888635-4183 PO Box 4927 �117i1SS Orlando, FL 32802-4927OVERAAC INSURERS) AFfORDWG COVERAGE-- ... --- MIr INSURER — — ... m. w 407 691-9600 A : 6ranst- in.uwnw con,P,ny 35378 owm 00 1802 Corporateg 9 INSURER .em. ..,....... American Engineering Lnrvices Inc INSURER --s'•In.uranacomwm 327 INSURED — INS 'ucURER C INSURER D Plant City, FL 33563 IQFQ C mm. m ........ ..... COVERAGES CERTIFICATE NUMBER: 19120 GLICAU SAI, BW REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, REDUCED BY PAID L EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN RE DU AIMS. — _ IN9� TYPE OF INSURANCE .......... ..... dAbdOtLd... POLICY NUMBER t,TR_..' ,.._, M FF l'Id ENP.-., Yr M ). I�I?"1° LIMITS,si l A X^.... COMMERCIAL GENERAL LIABILITY X MKLV2ENV100680 CLAIMS -MADE a OCCUR 412912019 0412912020 EACH am .. S EE m'I $TOO OOOOO EN1k�0 BI/PD Ded 5x,000 I,F22 XPERSONAL __.. .. A S AOV INJURY x000 $1"000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2 OOO OOO � ... r �.�.-_. PRO. POLICY ❑ JECT FILOC PRODUCTS COMPIOPAGG 52,000 OOO r.._... OTHER B AUTOMOBILELIABILITY u.ma_ .....m. ...,_ X ..4.._9...4 715..,.2..2, 01 COMBINED .w ..,� �. ......... D .1..0..._0..0...0...0.0�IT° 1, , 051011201905/0112102 BoobiN uRv(Perperson) $ ANY AUT �SCHEDULED BODILY INJURY (Per acadeM) $ ONLY AUTOS EDHIRED Per aeeideolDAMAGE $ In X � AUTOS ONLY.~ $ .; ...... .0 .. -- A UMBRELNLYLA LIAB X occuR MKLV2EFX100316 4/2 p� 2019 04/29/2020 EACH OCCURRENCE _!,500,0000 91 X !?!CESS LIAR CLAIMS MADE AGGREGATE $5,000600 DEO_X�RETENTIONtO WORKERS COMPENSATION PER JOT AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN E L EACH ACCIDENT $ "- "M OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH E OY E.L. DISEASE. EA EMPLOYEE $. ��..-�- ..... ti s, describe under TIDNS below E.L. DISEASE -POLICY LIMIT $ ... A Contractors POIL MKLV2ENV100660 14/29/2019 04/2912026 $1,000,000 Ea.Conditlon (w1;5,000 deductible) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached It more space is required) Named Insured also includes: American Water Chemicals Inc DBA Alkema Solutions Inc and AES Inc of California Additional Insured status Is granted with respects to General Liability per endorsement "Additional Insured Owners, Lessees or Contractors -Blanket" form #CG 2010 04113 and "Additional Insured -Owners, Lessees or Contractors -Completed Operations -Blanket" form #CG 20 37 04113. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE -. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD OS23453231IM23436593 PSBE Page 140 of 510 ACCO RCERTIFICATE OF LIABILITY INSURANCE DATE`MMS/19 YY) 09/05/19 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 poiley(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rl hts to the certificate holder In lieu of such endorsement 's . PRODUCER CONTACT Aon Risk Services. Inc of Florida NAME: Aon Risk Services, Inc of Florida 1001 Brickel Ba Drive. Suite 41100 Miami, FL 331314937INC,No Eaf : 800-743-8130 _mm_ MLNgL 800-522-7514 EMAIU ADDRESS: ADP.COI.Center Aon.com INSURERS AFFORDING COVE RAGE NAICI INSURERA; Rlinois.NationallmuranceCo 23817 INSURED INSURERS: ADP TolalSource III, Inc. 102W Sunset Oil INSURER C : Miami, FL 33173 ALTERNATE EMPLOYER INSURER D ; American Water Chemieats, Inc DBA Alkema Solutions. Inc. ,INSURER E law Corporate center Lane Plant City, FL 33583 INSURER F: COVERAGES CERTIFICATE NUMBER: 2327819 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVNTHSTANDING 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, LIMITS SHOWN AREAS REQUESTED, NS ADDL SUBR POLICYEFF pOLICY EXP ' LIMITS TYPE OF INSURANCE POLICY NUMBER L � INSR O MMIDQ7YYYY M1dV0 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S CLAIMS-MADE❑OCCUR E fo REN E0 PPEMSEB EagntwmAcel. $ MEO EXP An Oft W&oo S PERSONAL d ADV INJURY S GEN1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ _-- POLICY ❑ PROJECT ❑ LOC PRODUCTS-COM -. PIOPAGG S '..OTHER -CSI AUTOMOBILE LIABILITY fe MORT' S ANY AUTO BODILY INJURY Per rson S OWNED SCHEDULED AUTOS ONLY I AUTOS BODILY INJURY Per accidentS AUTOS HIRED N PROPEP AGE S AUTOS ONLY AUTOS ONLYLY i UMBRELLA UAB OCCUR EACH OCCURRENCE b EXCESS LIAR CLAIMS-MADE AGGREGATE S DEC RETENTIONS WORKERS COMPENSATION R OTH- A AND EMPLOYERS' LIABIUTY YIN WC 080371933 FL 07101/19 07101120 X STATUTE ER ANY PROPRIETORIPARTNERIMCUTIYE OFFICERNEMBER EXCLUDED? H NIA E.L. EACH ACCIDENT L 2,000,000 £Mandatory In NH) E.L. DISEASE - EA EMPLOYEE S 2,000,000 11 yea. descrbe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT S 2,000,000 El . DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached H more apace Is required) AN v✓orksNe employees working for AMERICAN WATER CHEMICALS, INC DBA ALKEMA SOLUTIONS, INC., paid under ADP TOTALSOURCE, INC.h payrol, are covered under the above staled policy, AMERICAN WATER CHEMICALS. INC DBA ALKEMA SOLUTIONS, INC. is an alternate employer under this policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 19/tC ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Page 141 of 510 i This is to certify that American Water Chemicals, Inc. 1802 Corporate Center Ln Plant City, FL 33563 United States of America has implemented and maintains a Quality Management System. Scope: The Design, Formulation, and Manufacture of Chemicals for Water Treatment Application, excluding Research and Development of New Products and Lab Services. Through an audit, documented in a report, it was verified that the management system fulfills the requirements of the following standard: Iso 9007 :2015 Certificate registration no. 10015134 QM15 Date of original certification 2016-12.15 Date of certification 2018-04-04 Valid until DOS Inc. Bred McGuire Managing Director 2021-04-03 Accredited Body: DOS Inc., 1130 West Lake Cook Road, Suite 340, Buffalo Grove, IL 60089 USA Page 142 of 510 ORIGINAL Proposal For Palm Beach County BOCC Anti-Scalant Inhibitor, Purchase and Delivery of Term Contract IFB# 19-036R/MB 191 American Water Chemicals, Inc. 1802 Corporate Center Lane Plant City, FL 33563 Contact: Veronica Varo Tel: 813-24,6-5448 Bid Opening Date: Sept. 12,2019 Opening Time: :00 p.m. ORIGINAL Page 143 of 510 Table of Contents Section 1 ......................... Bid Package: Bid Response Attachment A Qualification of Bidders Certification of Business Location Drug Free Workplace Certification OEBO Schedules 1 -4 — (not applicable) Section 2 ......................... Product Data Sheet Safety Data Sheet NSF listing Section 3 ......................... Sample Certificate of Insurance ISO Certification Page 144 of 510 Roberts, From: Taylor, Phill Sent: Wednesday, March 04, 2020 10:44 AM To: Roberts, Melissa Cc: Guevarez, Juan Subject: Fwd: RE: 19-036R Award Letter Sent from my MetroPCS 4G LTE Android device Conds""" s220 Phill Taylor Chief Operator Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd. I Boynton Beach, Florida 33435 561-742-6433 1 561-742-6298 TaylorP@bbfl.us (Q http://www.boynton-beach.org/ 7e, America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. ---------- Forwarded message ---------- From: Angela Sims <ASimsl@pbcgov.org> Date: Mar 4, 2020 10:29 AM Subject: RE: 19-036R Award Letter To: "Taylor, Phill" <TaylorP@bbfl.us> Cc: The County does not provide a letter of authorization for piggybacking our contracts. The authorization/permission is stated in the solicitation document. Other government agencies are permitted to piggyback our contracts. Angefa Sims Page 145 of 510 TurchasingAdninistrative 1T'roject Coordinator 50 S. 911ifitary 7rai�-Suite 110 West PaCm Beach, FL 33415 561-616-6846 EmaiCAddress: Asimsl @p6cgov. org Additionaf inks to the Purchasing (Department: Purchasing Department Website: http: / /discover. pbceov.orQ/purchasing Vendor Self Service System Website: hitps /„/„pbcvss„pw,co,palm-beach,fl.us/webs to/vss„ /Al -se Ifseryicg From: Taylor, Phill <TaylorP@bbfl.us> Sent: Wednesday, March 04, 2020 9:31 AM To: Angela Sims <ASimsl@pbcgov.org> Subject: RE: 19-036R Award Letter ****** Note: This email was sent from a source external to Palm Beach County. Links or attachments should not be accessed unless expected from a trusted source. ****** Good Morning: Please sent The City an email stating that we can piggyback this contract. Page 146 of 510 INIMIl Phill Taylor Chief Operator Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd. I Boynton Beach, Florida 33435 561-742-6433 1 FM 561-742-6298 TaylorP@bbfl.us I � http://www.boynton-beacli.org/ [boynton-beach.org] aa America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Angela Sims <ASims1@pbcgov.org> Sent: Friday, February 28, 2020 11:47 AM To: Babcock, Ford <babcockf@bbfl.us>; Taylor, Phill <TaylorP@bbfl.us> Subject: 19-036R Award Letter Emailing attachments: Procurement Docs-35597-1.pdf Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 3 Page 147 of 510 Roberts, Melissa From: Marva Brown <mbrown@pbcgov.org> Sent: Thursday, February 27, 2020 12:29 PM To: Angela Sims Cc: Babcock, Ford; Taylor, Phill Subject: RE: Piggyback of Contract See public request below. Please assist. Thanks �0. W Ftl Marva Brown, Senior Buyer Palm Beach County Purchasing Department Telephone: (561) 616-6815 Fax: (561) 242-6715 Email: mbrown 0pbceov.ore From: Taylor, Phill <TaylorP@bbfl.us> Sent: Thursday, February 27, 202010:02 AM To: Marva Brown <mbrown @pbcgov.org> Cc: Babcock, Ford <babcockf@bbfl.us> Subject: FW: Piggyback of Contract ****** Note: This email was sent from a source external to Palm Beach County. Links or attachments should not be accessed unless expected from a trusted source. ****** Phill Taylor Chief Operator Boynton Beach Utilities City of Boynton Beach 124 E. Woolbright Rd. I Boynton Beach, Florida 33435 561-742-6433 1 J@ 561-742-6298 TaylorP@bbfl.us I Q0 http://www.boynton-beach.org/ [boynton-beach.org) America's Gateway to the Gulfstream i Page 148 of 510 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Taylor, Phill Sent: Thursday, February 27, 2020 9:57 AM To: asims@pbcgov.or� Cc: Babcock, Ford <babcockf bbfhus> Subject: Piggyback of Contract Good Morning: The City of Boynton Beach will like to have your permission to piggyback a contract that the County has with American Water Chemicals, Inc. The contract # is 19036R. The product is anti - scalant inhibitor, purchase and delivery. Thank you, in advance, for your help, Phill Taylor, Jr. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Page 149 of 510 6.G. Consent Agenda 10/5/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 10/5/2021 Requested Action by Commission: Legal Expenses -August 2021 - Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received through 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: Description (:.,)oir'Esir': Clh E)rof ALAgLASt 2021 II ir:M)iCE)S (:.,)oir'asir: Clh E)rof Risk Il.....lifligaflioin AL.AgUlst 2021 I ir:VOiCE)S f L.aitsidE) COLAII:SE> fll If asadc' in AL.JgUlst 2021 IIir:volka21 f L.aitsidE) COLAII:SE> fll I C'J:::::addasir: AL.JgUlst 2021 II ir':VOliCE) f L.aitsidE) COLAII:SE> fll (3)ENr'aci ALAgLASt 2021 Jl0111ass II:::::0StE)ir' fbwn w: gUia ir'E) Illifligaflioin ALAgLASt 2021 Page 150 of 510 Type D ffach irTIENI'lt D ffach irTIENI'lt D ffach irTIENI'lt D ffach irTIENI'lt D ffach irTIENI'lt D ffach irTIENI'lt Description (:.,)oir'Esir': Clh E)rof ALAgLASt 2021 II ir:M)iCE)S (:.,)oir'asir: Clh E)rof Risk Il.....lifligaflioin AL.AgUlst 2021 I ir:VOiCE)S f L.aitsidE) COLAII:SE> fll If asadc' in AL.JgUlst 2021 IIir:volka21 f L.aitsidE) COLAII:SE> fll I C'J:::::addasir: AL.JgUlst 2021 II ir':VOliCE) f L.aitsidE) COLAII:SE> fll (3)ENr'aci ALAgLASt 2021 Jl0111ass II:::::0StE)ir' fbwn w: gUia ir'E) Illifligaflioin ALAgLASt 2021 Page 150 of 510 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 08/13/2021 MDC review materials, prepare Annual Fire Assessment Resolution 08/16/2021 MDC continue preparing annual assessment resolution, forward to Lynn Swanson for formatting, review comments and proposed changes in formatting 08/17/2021 MDC review and revise resolution, forward to City for September 8, 2021, hearing FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.70 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/02/2021 306-0005370 37506 HOURS 0.50 0.70 0.50 1.70 348.50 TOTAL $348.50 348.50 $348.50 Page 151 of 510 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 LABOR - General HOURS 08/05/2021 JAC Review and correspondence with Julie Oldbury and City Manager regarding vaccination and other municipal policies regarding same; online research regarding same 1.50 08/10/2021 SHB Review correspondence re: employee return to work; discuss with Oldbury. 0.30 08/13/2021 SHB Receive and review resignation correspondence; discuss with Oldbury. 0.30 08/23/2021 JAC Review PBA request for bargaining with Julie Oldbury assistance response; discussed with LL; follow up research regarding same and review CBA regarding options 1.50 08/24/2021 SHB Receive and review pre -d packet for Pearson matter. Various discussions with Goodrich. 2.00 08/26/2021 SHB Coordinate time for Pearson pre -d conference; review pre -d letter. 0.30 08/31/2021 JAC Research and prep regarding PBA request for impact bargaining 1.30 FOR CURRENT SERVICES RENDERED 7.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 4.30 $205.00 $881.50 SHANA H. BRIDGEMAN 2.90 205.00 594.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 09/02/2021 306-0603180 37507 1,476.00 $1,476.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 152 of 510 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 08/01/2021 PE Sort organize and prepared notices for 8/10/2021 hearing 08/02/2021 PE Converted notices to PDF/A, e --filed notices for 8/10/2021 hearing, updated tracking log, updated SHB calendar. SHB Review and approve NOls. 08/09/2021 SHB Receive and review correspondence re: upcoming evidentiary hearing Page: 1 09/02/2021 306-0806020 37508 HOURS 4.70 4.00 0.50 0.30 3.90 1.30 5.00 9.00 3.90 0.10 0.20 4.40 5.20 0.50 7.30 50.30 6,519.50 Page 153 of 510 Review court docket and discuss with Longhini. 08/11/2021 PE Sort, organized and looked up 49 subpoenas for 8/24/2021 hearing on the clerks website. 08/12/2021 SHB Review and approve NOls. Receive and review returned mail; follow up with Longhini re: better address. Discuss hearing matters with Longhini. PE Sort organized and prepared 49 notices for 8/24/2021 hearing for SHB approval. 08/13/2021 PE Converted 49 notices to PDF/A and e -filed. Sent prose notices to printer to be mailed. Updated tracking log. 08/16/2021 PE Updated tracking log, updated SHB calendar. Sort and organized notices for 9/14/2021 hearing. 08/23/2021 SHB Receive and review returned notice; follow up re: correct address. 08/25/2021 SHB Receive and review various case dismissal orders; transmit to PD. 08/26/2021 PE Sort and organized 116 notices for 9/14/2021 hearing. Looked up case numbers on clerks website. Updated tracking log. 08/27/2021 PE Sort organized and prepared 33 notices for 9/14/2021 hearing for SHB approval. 08/30/2021 SHB Review and approve NOls. Receive and review notice of appearance and objection to business records. PE Updated tracking log. Converted 33 notices to PDF/A and e -filed. FOR CURRENT SERVICES RENDERED Page: 1 09/02/2021 306-0806020 37508 HOURS 4.70 4.00 0.50 0.30 3.90 1.30 5.00 9.00 3.90 0.10 0.20 4.40 5.20 0.50 7.30 50.30 6,519.50 Page 153 of 510 Page: 2 CITY OF BOYNTON BEACH 09/02/2021 ACCOUNT NO: 306-0806020 STATEMENT NO: 37508 Red Light Cameras TIMEKEEPER SHANA H. BRIDGEMAN PATRICIA EUGENE RECAPITULATION HOURS HOURLY RATE 2.90 $205.00 47.40 125.00 Photocopies TOTAL EXPENSES THRU 08/31/2021 TOTAL CURRENT WORK BALANCE DUE TOTAL $594.50 5,925.00 18.20 18.20 6,537.70 $6,537.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 154 of 510 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 General Matters ACCOUNT NO STATEMENT NO L�� 08/02/2021 HN Discussion with Adam Temple regarding sign ordinance. 0.10 SMS Correspondences related to First Amendment to County ILA for Microwave Radio. 0.20 JAC Review disposition of evidence issue with Brian Sherman and follow up research regarding same; review records for response to Michael Rumpf regarding Lakeside harbor Drive; research regarding ARPA use of funds issues; review status of mall bankruptcy issues with KEzrol 2.00 SHB Review recent official orders/limitations re: masking and social distancing matters. Follow up with City Clerk. 0.60 08/03/2021 SMS Research on Franchise Agreement requirement and Section 337.401, F.S. related to waiver of right of way application fees and surety bond related to questions posed by Milot Emile; Review of Drainage Easement; Correspondences related to Leisureville ILA with LWDD. 2.40 JAC Prepare for and attend city commission meeting; miscellaneous follow up regarding notice and recess/resetting city commission meeting following loss of quorum; Conference with Andrew Mack and Gary down in regarding cancellation of routeware contract; Research and forward documents regarding park and recreation improvement bonds to LL and Mara Frederiksen; Office administration issues regarding maintenance of records; Review records regarding quantum Park and Olen development settlement concerning lots 71 and 92; Review and communications with Glenn Weiss regarding murals and nuances of definitions; follow up regarding mobility scope of work issue; review employment letters; 7.20 08/04/2021 QEM Review and evaluation of responses to comments re: NREL Technical Services Agreement; preparation of follow-up responses to same. 0.90 SMS Correspondence related to ILA with LWDD; Correspondences on FAU Grant Agreement and Lease. 0.30 JAC City commission meeting follow up regarding rescheduling and related issues; calls regarding readvertising election ordinance; discuss office administration w/ Julie Oldbury; Follow up regarding mobility public meeting issues with 'Amanda Radigan; 3.80 Page: 1 09/02/2021 306-9001821 37509 08/05/2021 SMS Draft Performance Bond for Right of Way work; Review Drainage Easement for 801 Shore Drive; Review Letter for approval of permit for right of way work. 1.60 GB Telephone conference call with State Attorney's Officer regarding subpoena received on August 4 in Tomas Rosa case. Emails with City regarding subpoena. Research restitution hearing in criminal case. Telephone conference call with City regarding subpoena for restitution for pole. 0.80 Page 155 of 510 CITY OF BOYNTON BEACH ACCOUNT NO: STATEMENT NO: General Matters HOURS 08/06/2021 SMS Call, research and review related to negotiated rates; Draft Revisions for Drainage Easement Agreement for 801 Shore Drive. 1.40 JAC Review assistant city attorney assignments and work product; review pleadings in city pending litigation; discuss status of department issues with LS; Review Planning development application update documents; 5.00 08/09/2021 HN Discussion with JAC regarding mural ordinance. 0.10 QEM Review and evaluation of PEMT LOA; correspond with Ms. Swanson re: 1.00 GB matter. 1.40 SHB Review updated Axon agreement. Telephone conference with Karl Maracotta re: versions of agreements. Send comments to City. Receive and review inquiry re: code lien and foreclosure matters. Follow up with City. 1.20 JAC Follow up review and research regarding request for assignment a ground 0.10 JAC lease in quantum Park; review for records related to Olen/QPODD settlement and land swap; review correspondence and begin research regarding maintenance responsibility for FPL bridge; review agenda items;Conference with staff regarding mural ordinance and sign program; conference regarding residential development in quantum and use of Lot 71 and Lot 92; on-site office administration issues including review of pending assignments to assistant City Attorney's 7.50 SMS Call and correspondences related to FAU Lease and Grant Agreement; 6.00 SHB Correspondences and follow up related to negotiated rates for indirect 0.20 costs. 0.60 08/10/2021 DS Reviewed and analyzed EBSCO License Agreement. Drafted addendum to EBSCO license agreement. Reviewed EBSCO Privacy Policy. 1.00 GB Telephone conference call with JAC regarding Scott Riebman claim. Legal research regarding claim by deceased's estate. Email to tristar and City regarding claim and payment to brother without being appointed personal representative of claimant's estate. 0.50 HN Discussion with Adam Temple re: sign ordinance. 0.10 JAC On-site review of pending staff requests; miscellaneous file retention review and office administration; research regarding task orders and specialize professional services related to mobility study and plan call on conference call with Rotundo and Paul regarding contract service; attend special city commission meeting; review status of forfeiture cases with Brian Sherman; Conference with L. Allen regarding miscellaneous pending cases and outside professional fees; continue preparation of memorandum regarding Development orders and sale of city owned properties 6.00 SHB Various correspondence and follow up re: Axon agreement. 0.20 08/11/2021 JAC Telephone conference regarding bridge maintenance and agreement with FPL; review staff agenda items, miscellaneous modifications and approvals; review city clerk issue regarding appointments to affordable housing advisory committee and respond; follow up with staff regarding mobility ordinance task order and timetable 3.00 SHB Various correspondence with City re: Axon agreement; review exhibits to agreement and follow up with PD. 0.50 SMS Correspondences related to Microwave Radio Agreement. 0.20 08/12/2021 HN Email exchange with Adam Temple re: sign ordinance and left a voice message for Adam. Review of email from Mike Rumpf. 0.20 Page: 2 09/02/2021 306-9001821 37509 Page 156 of 510 Page: 3 CITY OF BOYNTON BEACH 09/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 37509 General Matters JAC Conference call regarding public art; draft statement for art board regarding city enforcement options; prepare for and participate in bridge status call with FPL; follow up review of documents; discuss agenda items with LL; review email from Michael Weiner regarding Riverwalk; review and research regarding Boynton Beach Mall bankruptcy and respond to staff;Finalize agenda items GB Emails with Tristar regarding complaint filed by Scott Reibman. Searched docket for status of case. Email with City regarding release for MLK Showcase Entries. SMS Review related to Franchise Agreements and right of way permits for Atlantic Broadband 08/13/2021 JFK research re: Florida Bar Rules QEM Review and respond to Ms. Swanson inquiry re: Liquor license at the Links QEM Review and edits Fall into the Arts Sponsorship Agreements; respond to Ms. Swanson re: same. 08/16/2021 JAC Review staff correspondence; prepare for city commission meeting 08/17/2021 BJS Telephone call with Tanya Guim re: Code Compliance, draft ordinance re 091 0.40 1.40 0.50 0.20 1.80 1.50 Page 157 of 510 lost and abandoned property 1.30 JAC Prepare for, attend, and follow up regarding city commission meeting; Review status of pending staff research requests and assignments to assistant City Attorney with Lynn Swanson; miscellaneous conference with LL regarding pending matters; follow up regarding Routeware; 4.20 08/18/2021 QEM Review and evaluation of updated agreements to Tropical Smoothie and Macaroni Kid sponsorships; follow-up with staff re: matter. 1.30 BJS Follow up with Lynn Swanson re: Ordinance and conference call, draft follow up correspondence re: Exhibits 0.30 JAC On-site office administration issues concerning file retention and document organization; review arts board Appointment issue; follow up regarding park and recreation bond transaction; follow up regarding supervisor of election agreements and process 3.30 08/19/2021 HN Follow up email to JAC re: Mike Rumpfs comment re: obscenity language for sign ordinance. 0.10 JGH Review Park and Rec Department Social Media Policy; telephone call with K. Young. 0.80 GB Telephone conference call with emails with City regarding public records request. Received and reviewed process for bounce house drafted by City. Email to City regarding form and edits thereto. 0.50 SMS Review Agenda items with CRA for ILAs and transfer of property. 0.90 JAC Review and evaluate proposed independent fire district; review Riverwalk request for waiver; review transactions with CRA regarding acquisition of surplus properties and Headstart facility; review temporary employment agreement web designer; follow up with Gary Dunmyer regarding routeware contract termination; review bounce house vendor contract; 4.00 08/20/2021 SMS Discussion and review on upcoming Agenda Items and review on ILAs 1.60 BJS Begin review and revise ordinance 0.50 Page 157 of 510 Page: 4 CITY OF BOYNTON BEACH 09/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 37509 General Matters HOURS JAC City commission meeting follow up; review assignments to assistant CityAttorney's; audit pleadings of pending cases; call with Adam temple regarding quantum lots 17 A and 71; Follow up on sign code; review Home Depot and Barbara Hall communication regarding same with Andrew Mack; Evaluate easements and request for release 5.20 08/23/2021 BJS Review correspondence and follow up re: Mobile Food Vendors 0.60 DS Reviewed City's request re: federal contract terms. Reviewed draft Federal terms. Reviewed and discussed bounce house waiver with G.B. Discussed federal procurement terms with Purchasing. Reviewed and revised federal solicitation terms and conditions. 2.30 GB Edits to Bounce House procedures. Drafted waiver and release for bounce house vendors. 1.80 HN Researching and reviewing other municipalities that expanded on their obscenity section in their sign code. Discussion with JAC re: sign ordinance. 0.50 QEM Review and respond to question from Mr. Young re: sponsorship agreement form. 0.20 SMS Call with CRA Attorney and review of CRA related Agenda items; Correspondence related to Microwave Agreement. 0.60 SHB Discuss various pending matters with Swanson. Begin review of PRR and park matters. 1.00 08/24/2021 SMS Calls and correspondences with CRA staff related to Cherry Lots Auction and drafting of ILA; Review of title and information provided for each parcel related to Lutheran Services Florida, Inc. 3.70 DS Reviewed City's Purchasing Policy. Reviewed and revised federal standard solicitation terms and conditions. Researched USDOT contract requirements. Reviewed and revised construction agreement template. 3.10 QEM Coordinate library board meeting details quorum issues with staff. 0.20 JAC Review assignments, tort defense pleadings; Town square related records; public records request; Kathleen' 'Hatcher employment agreement 2.50 08/25/2021 SMS Correspondences and revisions to ILA with CRA for Cherry Hill Lots; Correspondence on FAU Lease. 0.40 DS Reviewed and revised professional services, construction, and goods/services agreements. 1.70 QEM Review of email correspondence from Ms. Swanson re: City of Boynton Beach JCI contracts/agreements cancellation; review and evaluation of attachments. 2.10 BJS Prepare for an attend Zoom call with Chief Gregory and Chief Snow re: Disposal of Property and follow up 1.70 GB Edits to bounce house documents including letter, waiver and release, and authorized vendor requirements. Email to City regarding documents. 1.30 JAC Review concerning affordable housing initiative strategies statute; review with Rachel Leach concerning quantum ground lease assignment; 2.50 SHB Discuss various PRR matters with BJS. Receive and review inquiry from Soplop re: reasonable accommodation matters; research re: garbage pickup requirements and follow up with Soplop. 3.00 08/26/2021 BJS Review correspondence re: Rental Inspection, draft follow up correspondence, review City records, and telephone call with Lynn Swanson 0.50 DS Finalized federal solicitation terms and conditions. Finalized federal templates. Discussed federal solicitation terms and templates with Purchasing. 1.90 Page 158 of 510 CITY OF BOYNTON BEACH General Matters Page: 5 09/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 37509 QEM Review of correspondence from staff re: JCI contract termination; continue drafting remaining letters. JAC Review clerks issue regarding to board appointments; update research regarding emergency and nonemergency procedures concerning COVID-19 workplace protections; review PBA request for bargaining SHB Discuss various code matters with BJS. SMS Correspondence and review of materials for cherry hill lot sale and uploaded agenda items; Review and draft Purchase and Sale Agreement for Lutheran Services Florida 08/27/2021 QEM Review and evaluation of Boynton Beach City Library, KnowledgeCity 1.60 Invoice #GB022631 and respond to staff re: matter. DS Researched federal certifications. JAC On-site review of pending matters with Lynn Swanson; review department requests for contract reviews; miscellaneous office administration issues Property Coverage Agreements. concerning assignments to assistant City Attorneys; Review Riverwalk BJS submission from Michael Weiner and discuss agenda item with 2.20 CityManager; Review 710 N. E. 7th St. violations and issues concerning Property municipal inspections/liability; JGH Legal research and Review lobbyist / Procurement inquiry. 08/29/2021 JAC Review pending matters and assignments 08/30/2021 QEM Review of additional information from staff re: termination of JCI agreements; update draft correspondence re: matter; forward documents to staff re: same. QEM Review of documents re: New City Elevator rider agreement; respond to HOURS 1.70 3.00 0.30 1.20 1.10 0.40 1.30 NIM 08/31/2021 HN Ms. Swanson re: matter. 1.60 HN left voice message for Mike Rumpf re: sign ordinance. 0.10 GB Began drafting template for Transit & Care Custody Agreements - Fine Arts Property Coverage Agreements. 0.70 BJS Review and revise draft ordinance re: Disposition of Lost and Abandoned 2.20 JAC Property 1.00 SHB Review and approve agenda items. 1.30 JAC Begin review of agenda item submittals; prepare for and attend virtual city commission meeting regarding mobility fees; call with Barbara Hall 4.00 GB regarding Home Depot easements and water service agreement; follow up 0.30 SHB with Andrew Mack regarding same 3.30 SMS Draft Purchase and Sale Agreement and Commercial Lease for Lutheran Services Florida 2.80 08/31/2021 HN Phone discussion with Adam Temple regarding sign ordinance and follow up email to Mike Rumpf cc Adam Temple and JAC as to status of ordinance. Email exchange with JAC. Review of sign ordinance with redline edits. Discussion with JAC as to changes to sign ordinance re: mural language. Review and edits of sign ordinance. 2.20 JAC Review Riverwalk agenda item; call from Citizen regarding elections and resign to run; The city clerk regarding same; review miscellaneous agenda items; Review draft legislation regarding fire district Palm Beach County; Correspondence regarding store all and sign code violations 4.00 GB Telephone conference call and email with City regarding art agreement. 0.30 SHB Review and approve various agenda items. 2.00 Page 159 of 510 Page: 6 CITY OF BOYNTON BEACH 09/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 37509 General Matters SMS Review and correspondences on additional surveys, ordinances, and sketches for Folio 08434521180001510 & 1540 related to abandonment, vacation, and dedication of portions of the Property and draft deed from CRA to City; Re -review Microwave Agreement related to provisions with County and insurance language. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE �� 3.40 150.30 18,385.92 18,385.92 $18,385.92 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 160 of 510 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 Bankruptcy ACCOUNT NO STATEMENT NO 08/03/2021 KLE Email from Lynn Swanson re: Washington Prime Group - Bankruptcy -garbage -utility service, research PACER re: Motion filed by Debtor; email to Lynn. 08/04/2021 KLE Email from and to Lynn Swanson re: Washington Prime Group - Bankruptcy -garbage -utility service. FOR CURRENT SERVICES RENDERED TIMEKEEPER KERRY L. EZROL TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.80 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/02/2021 306-9304150 37510 HOURS 0.70 0.10 0.80 164.00 TOTAL $164.00 164.00 $164.00 Page 161 of 510 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Olen Properties Corp., et al 08/11/2021 08/16/2021 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 JAC Follow up regarding status of case and possible relation to Sand Pine preserve requests JAC Review correspondence in case regarding Lot 17 A and Lot 71 linkage requirement for settlement FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 1.40 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/02/2021 306-9904936 37511 HOURS 0.60 0.80 1.40 287.00 TOTAL $287.00 287.00 $287.00 Page 162 of 510 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 08/02/2021 BJS Follow up re: Property in evidence BJS Draft follow up correspondence to JAC re: Evidence Disposition ACCOUNT NO STATEMENT NO 08/05/2021 BJS Prepare for and follow up telephone call with JAC re: Property Disposition 08/12/2021 BJS Zoom conference call with Chief Snow and Greg Cafaro re: Disposition of Evidence 08/13/2021 JAC Review status of pending tort defense, foreclosure, and forfeiture cases 08/20/2021 BJS Review and follow up re: Tribune Orders 08/27/2021 BJS Review new forfeiture matter re: Glinton/21-040021 and telephone call with Tom D' Andrea 08/30/2021 BJS Draft response to forfeiture re: Sale/Rent for narcotics transactions FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF BRIAN J. SHERMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 2.00 $205.00 3.20 205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/02/2021 306-9904950 37512 HOURS 0.30 0.30 0.50 0.60 2.00 0.50 0.50 0.50 5.20 1,066.00 TOTAL $410.00 656.00 1,066.00 $1,066.00 Page 163 of 510 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 ACCOUNT NO STATEMENT NO 08/18/2021 JAC Conference with City Manager and Tom Ramiccio regarding town Square transaction FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.00 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/02/2021 306-9905263 37513 HOURS 1.00 1.00 205.00 TOTAL $205.00 205.00 $205.00 Page 164 of 510 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. Parrish, Jerry Lee, et., al. (The Bank of NY Mellon) 08/24/2021 SHB Review court docket, Motions to Continue, and other pleadings filed by parties. Receive and review Consent Final Judgment of Foreclosure. Calendar sale date. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.60 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/02/2021 306-9905383 37515 HOURS 0.60 0.60 123.00 TOTAL $123.00 123.00 $123.00 Page 165 of 510 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. Lindsey, Idella aka Lindsey, Idell, et., al. (The Bank of NY Mellon, et., al.) ACCOUNT NO STATEMENT NO 08/26/2021 SHB Receive and review trial notice and instructions from court. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.10 $205.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.10 0.10 TOTAL $20.50 Page: 1 09/02/2021 306-9905391 37516 20.50 20.50 $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 166 of 510 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 Mangrove Park - Lease from St. Mark's L�� 08/05/2021 SMS Meeting, review and research on Mangrove Park issue. 0.90 08/06/2021 SMS Case Law research on hold over tenancy and possession of property, and review of correspondences. 1.10 08/09/2021 SMS Review of Lease and Research on Holdover Tenants. 1.90 08/12/2021 SMS Research and review related to Mangrove Park Lease, Permitting issues, and tenancy issues. 0.70 08/13/2021 SMS Draft Letter to Thomas Courtney 1.30 JAC Review and recap of status of property abandonment, discuss with SS and prep response to diocese attorney 1.40 08/16/2021 SMS Review and correspondences related to Mangrove Park. 0.20 08/18/2021 SMS Call, correspondences, and execution for sending letter to Tom Courtney. 0.30 FOR CURRENT SERVICES RENDERED 7.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.40 $205.00 $287.00 SEAN M. SWARTZ 6.40 205.00 1,312.00 Photocopies TOTAL EXPENSES THRU 08/31/2021 TOTAL CURRENT WORK BALANCE DUE Page: 1 09/02/2021 306-9905412 37517 1.40 1.40 1,600.40 $1,600.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 167 of 510 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 09/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905420 Boynton Beach FL 33435 STATEMENT NO: 37518 Attn: Lynn Swanson V. Goldberg, Howard (Risk Protection Order) HOURS 08/03/2021 SHB Hearing preparation. Telephone conference with Gorfido. Receive and review additional paperwork re: service of motion to extend RPO. Prepare and file Notice of Filing Proof of Service. Attend Hearing on Motion to Extend RPO. Prepare Order Granting Motion to Extend. Receive and review signed order and transmit to Gorfido for service. 2.00 08/05/2021 SHB Correspondence with Gorfido re: service of RPO extension. Prepare and file Notice of Filing Proof of Service. 0.60 FOR CURRENT SERVICES RENDERED 2.60 533.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 2.60 $205.00 $533.00 08/06/2021 Prestige Reporting Service - Invoice 105462 115.00 Depo 115.00 TOTAL ADVANCES THRU 08/31/2021 115.00 TOTAL CURRENT WORK 648.00 BALANCE DUE $648.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 168 of 510 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 Sale to FH Quantum, LLC - Portion of Water Management Tract "I" 08/10/2021 RLL Meet with DJD to discuss Assignment of Ground Lease; contact attorney for new buyer for proper name of entity; preparation of Assignment, Assumption and Consent of Ground Lease Agreement; perform corporate searches on Assignor and Assignee entities. DJD Address assignment and consent of ground lease. 08/12/2021 RLL Review assignment of ground lease with DJD and finalize. DJD Address assignment and consent. 08/13/2021 RLL Work with Lynn Swanson to revise cover sheet for agenda item. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE D.J. DOODY 2.30 $205.00 RACHEL L LEACH 2.30 125.00 Photocopies TOTAL EXPENSES THRU 08/31/2021 TOTAL CURRENT WORK BALANCE DUE 1.80 1.00 0.30 1.30 0.20 287.50 .t Page: 1 09/02/2021 306-9905430 37519 759.00 2.10 2.10 761.10 $761.10 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 169 of 510 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 Laurore, Iva and Renan (Code/Foreclosure) ACCOUNT NO STATEMENT NO 08/02/2021 HN Review of emails from Lori and JAC regarding status of potential bankruptcy. Phone Discussion with Adam Temple about the foreclosure sale bidding process and address affidavit. Discussion with Lynn Swanson regarding last discussion with Harry Ross related to a potential bankruptcy. Review of Section 55.10, F.S. 08/04/2021 HN Review of the certified final judgment we received from the Palm Beach County Clerk of Court's office. HN Review of Palm Beach County clerk's office website re: recording FJ and affidavit. 08/06/2021 HN Review of Section 55.10, F.S. regarding simultaneous recording requirement. 08/09/2021 HN Set up bidding amount on the bidding website. Discussion with JAC. 08/10/2021 HN Review of final judgment regarding language of advance costs. Review of Section 45.031, Florida Statutes regarding judicial sales procedure. Discussion with Adam Temple and follow up email to JAC. JAC Discuss and evaluate foreclosure options and bidding city's judgment; follow up regarding threat of bankruptcy 08/11/2021 HN Review of recorded certified final judgment and affidavit. 08/12/2021 HN Review of Section 55.10 and Section 55.202(2)(a). Email to KLE cc JAC re: filing a certificate for judgment lien with the department of state. Review of court docket to confirm that a suggestion of bankruptcy has not been filed. KLE Conference with Heather Needelman re: recording judgment and potential bankruptcy. 08/16/2021 HN checked docket to confirm that a notice suggesting bankruptcy had not been filed and confirming they did not appeal. 08/20/2021 HN Email to Lori cc JAC and Adam Temple re: status of case. 08/27/2021 HN Review of Administrative Policy 21-02 for Palm Beach County Clerk of courts re: clerk's judicial sales procedure. Phone discussion with the clerk's foreclosure department. Discussion with RL regarding documentary sales tax. Left voice message and emailed Adam Temple to discuss the documentary sales tax in the event the City is the successful bidder. Page: 1 09/02/2021 306-9905432 37520 L�� 0.60 0.10 0.10 0.10 0.20 0.40 0.50 0.10 0.40 0.30 0.10 0.10 1.10 Page 170 of 510 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Laurore, Iva and Renan (Code/Foreclosure) 08/30/2021 HN Email exchange with Adam Temple. 08/31/2021 HN Discussion with Adam Temple re: documentary stamp tax in the event the City is the successful bidder. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 0.50 $205.00 KERRY L. EZROL 0.30 205.00 HEATHER NEEDELMAN 3.50 205.00 08/12/2021 Simplifile - Record Certified Copy SFJ & Affidavit of Current Address Efiling 07/12/2021 Prestige Reporting Service - Invoice 105177 08/05/2021 ALM Media, LLC - Invoice 10000542474-0729 Depo TOTAL ADVANCES THRU 08/31/2021 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 2 09/02/2021 306-9905432 37520 HOURS 0.10 0.10 4.30 881.50 TOTAL $102.50 61.50 717.50 73.60 73.60 115.00 1,280.10 $1,280.10 Page 171 of 510 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 09/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905433 Boynton Beach FL 33435 STATEMENT NO: 37521 Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) L�� 08/02/2021 HN Review of email from Tanya Guim and documents relating to mowing lien 16-1531. Edits to Vestiguerne Pierre's affidavit. Email and phone call message for Tanya Guim. Edits to Motion for Summary Judgment. Westlaw research as to affirmative defenses and materiality. 1.50 08/03/2021 HN Editds to Motion for summary judgment. Created chart of pending affirmative defenses that need to be addressed in motion. Westlaw research related to Motion for Summary Judgment and materiality. 1.60 08/04/2021 HN Review of Florida Statutes, chapter 702 and 162 to determine if defendant has a right to a jury trial for code foreclosure cases. Email to BJS. Research on motion to strike jury demand. Review of email from Tanya Guim relating to notice process for nuisance abatement liens. 0.80 08/05/2021 HN Review of notices sent on nuisance liens. Email to Lynn to get them certified. Edits to Motion for Summary Judgment. Email to Tanya Guim for cert of mailing for foreclosure authorization order. Westlaw research re: recording lien as notice to public. 3.20 08/06/2021 HN Edits to Motion for Summary Judgment. Edits to Vestiguerne Affidavit. 2.30 08/10/2021 HN Discussion with Adam Temple regarding status of case. Review and edits of draft motion for summary judgment with exhibits. 0.60 08/11/2021 HN Review and edits of motion for summary judgment and list of topics to discuss with MDC in anticipation of meeting today. Meeting with MDC to discuss pending issues in case. 1.30 MDC meet with Heather Needelman on summary judgment motion 0.50 08/13/2021 HN Edits to Vestiguerne Pierre's affidavit and the draft motion for summary judgement related to section re: fraudulent lien. Edits to section re: to incomplete lien. 0.70 08/16/2021 HN Review of Vestiguerne Affidavit and exhibits. Left voice message for Tanya Guim. Review of affidavit of posting. Review of email to Lynn Swanson listed all documents that we need certified to attach to the motion for summary judgment. Email exchange with Tanya Guim. 0.60 08/17/2021 HN Review of documents to be certified by the clerk's office. Review of email to Lynn with request. Review of email from Tanya Guim. 0.30 Page 172 of 510 Page: 2 CITY OF BOYNTON BEACH 09/02/2021 ACCOUNT NO: 306-9905433 STATEMENT NO: 37521 v. Ho, Benjamin and Karen (Code/Foreclosure) 08/20/2021 HN Email to Lori cc Adam Temple and JAC with status of case. Reviewed Motion for Summary Judgment and corresponding exhibits. Edited motion based on review. Reviewed Vestguerne Pierre's affidavit and corresponding exhibits. Email to Tanya Guim requesting the breakdown on the amount owed on the nuisance abatement liens to clarify in the affidavit. Email exchange with Tanya Guim and Tammy Stanzione re: the nuisance abatement lien breakdown of the total amount owed. Edits to motion for summary judgment and Pierre Vestiguerne Affidavit. 08/24/2021 HN Acquiring information re: affidavit of costs for motion for summary judgment. Review of costs and edits to affidavit of costs. Research of taxable costs. 08/25/2021 MDC review draft motion for summary judgment and exhibits HN Email exchange with MDC and review of MDC comments on draft motion for summary judgment and Vestiguerne Pierre's affidavit. 08/26/2021 HN Edits to motion for summary judgment based on MDC comments. Research related to statutory notice. Review of Section 162.12(3), F.S. and review of notice documents. Review of case law related to notice under 162, F.S. 08/27/2021 MDC Review matters and arguments in Summary Judgment Motion, confer with Heather Needelman on preparing arguments, relevant cases HN Video conference with MDC to discuss draft motion for summary judgment. Edits to motion. Left voice message for Tanya Guim. Edits to Vestiguerne Pierre's affidavit. Review of Celotex Corp. v. Catrett and Anderson cases. Review of Florida Attorney General Cases regarding dual office holding. Review of Section 163.356, F.S. Review of Chapter 712, F.S. re: marketable title. Case law research regarding legal descriptions. JAC Review new pleadings and evaluate case status; discussed with Heather N. 08/30/2021 HN Left a voice message for Norma Loth. Reviewed email from Norma. Edits to motion for summary judgment and Pierre Vestiguerne affidavit as to amount owed on 16-506. Discussion with Norma Loth and further edits to Motion for Summary Judgment based on discussion with MDC. 08/31/2021 HN Edits to Vestiguerne Pierre's affidavit. Review of exhibits related to notice of hearing. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 0.50 $205.00 MICHAEL D. CIRULLO 1.40 205.00 HEATHER NEEDELMAN 20.90 205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE �� 2.20 0.40 0.40 0.30 1.50 0.50 2.80 0.50 0.60 0.20 22.80 4,674.00 TOTAL $102.50 287.00 4,284.50 4,674.00 $4,674.00 Page 173 of 510 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. Go, Jeanne and Ka Hock (Code/Foreclosure) HOURS 08/12/2021 HN Follow up email to Adam Temple. Discussion with Tanya Guim. 0.20 08/16/2021 HN Review of email and signed letter to commerce bank regarding the subject property. 0.10 FOR CURRENT SERVICES RENDERED 0.30 TIMEKEEPER HEATHER NEEDELMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 TOTAL $61.50 Page: 1 09/02/2021 306-9905435 37522 61.50 61.50 $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 174 of 510 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�� 08/12/2021 DS Discussed application of outstanding costs on utility bills and due date with Utilities. 0.20 08/27/2021 DS Reviewed 806 Bamboo Lane response to utility bill. 0.20 08/29/2021 JAC Review special assessment issue re: 806 Bamboo lane 0.30 FOR CURRENT SERVICES RENDERED 0.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.30 $205.00 $61.50 DANIELLE SCHWABE 0.40 205.00 82.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 09/02/2021 306-9905495 37523 143.50 143.50 $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 175 of 510 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 09/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905512 Boynton Beach FL 33435 STATEMENT NO: 37524 Attn: Lynn Swanson adv. Sterling Village Condominium (Duperault, Don) HOURS 08/06/2021 SHB Prep for hearing on Motion for Summary Judgment. Review file and applicable statutes re: surplus and attorney fees. 0.70 08/09/2021 SHB Attend hearing on Plaintiff's Motion for Summary Judgment. Follow up with Aboud re: City's surplus funds claim. 0.60 FOR CURRENT SERVICES RENDERED 1.30 266.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.30 $205.00 $266.50 TOTAL CURRENT WORK 266.50 BALANCE DUE $266.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 176 of 510 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. JKM BTS CAPITAL, LLC (Declaratory Action) HOURS 08/02/2021 GB Reviewed file for email from Chris Ware to Colin re: inspection of parcels. Email to Joanne O'Connor regarding search. Reviewed all documents provided by Utilities Department and added to Exhibit List. Email to O'Connor regarding additional documents on exhibit list. Email to O'Connor regarding John Markey's deposition. 1.30 JAC Prepare for, attend, and follow up on mediation with JKM 6.70 08/03/2021 GB Emails to JAC regarding deposition updates. Emails with Joanne O'Connor regarding Colin Groffs deposition and subpoena. Emails with City regarding finance documents. 0.40 08/04/2021 GB Email to City regarding Colin Groff deposition. Email to Joanne O'Connor regarding Colin Groff's deposition. Emails with O'Connor regarding upcoming trial deadline and stipulation. 0.30 08/05/2021 GB Drafted proposed joint -pre trial stipulation and email to Joanne O'Connor for review. 3.10 JAC Review correspondence and pleadings; follow up with 'Amanda regarding site plan; discuss correspondence and responses with Tom Baird; update CityManager regarding status of case and options 3.30 08/06/2021 GB Telephone conference call with JAC regarding letter to opposing counsel re: processing application for modification with City staff. Edits to letter. Received and reviewed email from opposing counsel regarding settlement. Telephone conference call with JAC regarding Plaintiffs proposal. Emails with Joanne O'Connor regarding subpoena to Colin Groff. Finalized subpoena for deposition to Groff and email to process server for service. 0.80 JAC Review confidential mediation settlement document from Mark Stempler; circulate same and follow up discussions with city representatives and outside counsel 2.00 08/09/2021 GB Emails with Joanne O'Connor regarding edits to Schedule A of notice of deposition to JKM after motion for protective order was filed and strategy with depositions moving forward. 0.30 08/11/2021 GB Telephone conference calls with Joanne O'Connor regarding upcoming trial deadlines, as builds from Chris Ware and Dave Bower, and depositions. Telephone conference call with City, JAC, and Jones Foster regarding strategy. Email with JAC regarding depositions. 1.80 JAC Discuss status of closed door and response to JKM attorney 0.50 Page: 1 09/02/2021 306-9905525 37525 Page 177 of 510 Page: 2 CITY OF BOYNTON BEACH 09/02/2021 ACCOUNT NO: 306-9905525 STATEMENT NO: 37525 v. JKM BTS CAPITAL, LLC (Declaratory Action) 08/12/2021 JAC Follow up regarding processing of site plan and preparation for close door session with Commission GB Emails with Joanne O'Connor and City regarding Colin Groff's deposition. Emails with process server regarding Colin Groffs subpoena. Email to Dave Bower regarding progress as builds. Telephone conference call with David Bower regarding as builds. Email to Joanne regarding update from Bower. Emails with Colin regarding deposition. 08/13/2021 GB Began drafting outline for Colin Groff's deposition. Telephone conference call with Dave Bower regarding his Town Square file. Telephone conference call with Joanne OConnor regarding David Bower's file. 08/16/2021 GB Emails with Joanne O'Connor regarding trial dates and documents provided by Haskell. Received and reviewed emails from Haskell. Telephone conference call with JAC regarding closed door and case strategy. 08/17/2021 GB Telephone conference call with David Bower regarding his Town Square file. Drafted subpoena to Dave Bower and email to Joanne O'Connor regarding subpoena and phone call with Bower. Attended closed door. JAC Prepare for, attend, and follow up regarding closed door session; review and revise stipulation for settlement 08/18/2021 JAC Follow up on closed door session; follow up conference call with CityManager and Tom Baird regarding revised settlement options; follow up call with Tom Baird and Gal Betesh regarding same GB Telephone conference calls with JAC regarding closed door edits to stipulation for settlement. Edits to stipulation for settlement pursuant to closed door. Email to JAC regarding closed door. Telephone conference call with Tom Baird regarding closed door and edits to stipulation for settlement. Emails with opposing counsel regarding Joint Motion setting trial deadlines. 08/19/2021 GB Emails with Joanne O'Connor regarding deposition and subpoena to David Bower. Finalized subpoena to David Bower and sent to process server for 08/20/2021 08/23/2021 08/24/2021 service. JAC Follow up communications regarding continuation of mediation with JKM attorney and city team GB Reviewed file and drafted outline for Colin Groff's deposition. Watched relevant portions of commission meetings where John Markey makes admissions. Email to Joanne O'Connor regarding edits to exhibit list. GB Emails with Joanne O'Connor regarding service on David Bower. Emails with O'Connor regarding subpoena to Foster Marine. Looked up Foster Marine on sunbiz.org. Drafted subpoena to Foster Marine. HOURS 0.80 1.10 2.90 1.40 2.10 2.50 2.00 0.90 0.50 0.30 3.80 0.30 GB Telephone conference call with Joanne OConnor regarding Colin Groffs deposition. Trial preparation and drafted outline for Colin Groffs deposition. Reviewed all emails from, to or copying Colin in preparation for his deposition. Telephone conference call with JAC, Joanne OConnor, Tom Baird, and City regarding mediation. 4.70 JAC Telephone conference with CityManager and litigation team; Follow up conference with Gal Betesh concerning trial calendar and potential witness conflicts 1.50 Page 178 of 510 Page: 3 CITY OF BOYNTON BEACH 09/02/2021 ACCOUNT NO: 306-9905525 STATEMENT NO: 37525 v. JKM BTS CAPITAL, LLC (Declaratory Action) HOURS JAC Review response to city proposal for stipulations for settlement; notate document and prepare for conference with CityManager 0.80 08/25/2021 GB Telephone conference call with JAC regarding trial dates, mediation, and meeting with City. Emails with Joanne O'Connor regarding discussion of JKM's proposed changes. Emails with Tom Baird regarding meeting with City. Telephone conference call and email to Jeffery Katz regarding certified deposition. 0.90 08/26/2021 JAC Telephone conference with mediator;Follow up with LL and Gal Betesh regarding discovery issues 1.40 08/27/2021 GB Meeting with City, JAC and Tom Baird regarding site plan amendments. 2.00 JAC Conference with manager, Tom Baird, and planning department Regarding site plan and master plan submissions and approvals; prep for mediation 2.50 08/30/2021 JAC Continuation of telephone mediation conference with mediator and Tom Baird;Follow up notations to stipulations 1.60 08/31/2021 GB Emails with Joanne O'Connor regarding upcoming trial deadlines. Telephone conference call with Joanne O'Connor regarding discovery and depositions. Email to E21- regarding trial testimony. 1.10 FOR CURRENT SERVICES RENDERED 55.60 11,398.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 25.90 $205.00 $5,309.50 GAL BETESH 29.70 205.00 6,088.50 08/16/2021 Compass Investigations - Invoice 2021007214 125.00 08/23/2021 Compass Investigations - Invoice 2021007745 80.00 Depo 205.00 TOTAL ADVANCES THRU 08/31/2021 205.00 TOTAL CURRENT WORK 11,603.00 BALANCE DUE $11,603.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 179 of 510 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 08/13/2021 MDC confer with Jim Cherof on responses to letters to potential heirs, discuss next steps; discuss potential causes of action to obtain title to property with Sean Swartz SMS Research on adverse possession vs. eminent domain as method for acquisition of property. 08/16/2021 MDC review research on options for title to property FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO SEAN M. SWARTZ TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.60 $205.00 2.30 205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/02/2021 306-9905528 37526 HOURS 0.40 2.30 0.20 2.90 594.50 TOTAL $123.00 471.50 594.50 $594.50 Page 180 of 510 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. Boynton Leisureville Community (Schmidt, Arthur) 08/13/2021 SHB Receive and review correspondence form opposing counsel re: proposed order on disbursement of funds. Follow up with City re: current amount of lien. 08/31/2021 SHB Follow up re: agreed order for disbursement and updated lien amount. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/02/2021 306-9905534 37527 HOURS 0.30 0.10 0.40 82.00 TOTAL $82.00 82.00 $82.00 Page 181 of 510 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 PBA Captains Unit Formation 2021 HOURS 08/05/2021 JAC Follow up regarding status of case and options; discuss with LL 0.60 08/12/2021 JAC Check regarding status of PERC hearing Officers recommended order 0.20 08/13/2021 JAC review recommended order; Begin review of cross reference the transcript 2.40 08/16/2021 JAC Continue review of recommended order and transcript for conference with CityManager 0.80 08/18/2021 JAC Conference with management team to review recommended order and options; follow up regarding exceptions to recommended order 2.50 08/19/2021 JAC Notation to transcript for preparation of exceptions to hearing officers recommended order 1.40 08/24/2021 JAC Follow up conference with chief and Julie concerning exceptions to special magistrates recommendations; miscellaneous notation for draft document 1.50 SHB Prepare for and attend meeting with JAC, PD, and HR re: response to hearing officer's recommended order. 1.50 08/25/2021 JAC Cross reference recommended order with transcript and prepare for filing exceptions 1.80 08/26/2021 MDC Telephone conference call with Jim Cherof on filing deadlines, review rule and caselaw to confirm deadlines 0.40 JAC Continue prep on exceptions to hearing Officers recommended order; follow up conference call with LL, chief, and Julie Oldbury concerning options related to award 1.80 SHB Discuss hearing officer recommendations and exceptions with JAC. REview exceptions and transcript and begin drafting exceptions and corrections. 2.00 FOR CURRENT SERVICES RENDERED 16.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 13.00 $205.00 $2,665.00 MICHAEL D. CIRULLO 0.40 205.00 82.00 SHANA H. BRIDGEMAN 3.50 205.00 717.50 Page: 1 09/02/2021 306-9905542 37528 J,`T V`T.JV Page 182 of 510 CITY OF BOYNTON BEACH PBA Captains Unit Formation 2021 TOTAL CURRENT WORK BALANCE DUE Page: 2 09/02/2021 ACCOUNT NO: 306-9905542 STATEMENT NO: 37528 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 3,464.50 $3,464.50 Page 183 of 510 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 09/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905552 Boynton Beach FL 33435 STATEMENT NO: 37529 Attn: Lynn Swanson Canal Maintenance Special Assessment HOURS 08/06/2021 MDC review emails on status of assessment and mailed notices; review scheduling of public hearing 0.30 08/09/2021 MDC review materials, prepare Final Assessment Resolution for September 8, 2021, hearing 0.60 08/10/2021 JAC Follow up on Canal frontage issues raised by adjacent landowners and research affect on proposed special assessment 0.80 08/11/2021 MDC review materials, confer with Jim Cherof, regarding inquiries about assessment, conference with city on correcting assessment roll 0.50 JAC Review landowner issues regarding canal assessment; follow up with MC and with LL regarding non-cooperation with landowners and options concerning assessment 0.80 08/13/2021 MDC update Jim Cherof, revise Final Assessment Resolution regarding comments received from residents and amendments to the assessment roll 0.30 JAC Review with Mike Cirullo and discuss options concerning assessment adjustments, notice 0.80 08/18/2021 MDC review draft of agenda materials, revise resolution 0.30 08/19/2021 MDC review and revise Final Assessment Resolution 0.30 JAC Follow up with Mike Cirullo regarding amendment of assessment roll and procedures regarding those to property owners 0.40 08/31/2021 MDC review agenda memo for public hearing/assessment resolution item 0.20 FOR CURRENT SERVICES RENDERED 5.30 1,086.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 2.80 $205.00 $574.00 MICHAEL D. CIRULLO 2.50 205.00 512.50 Photocopies 5.95 TOTAL EXPENSES THRU 08/31/2021 5.95 Page 184 of 510 CITY OF BOYNTON BEACH Canal Maintenance Special Assessment TOTAL CURRENT WORK BALANCE DUE Page: 2 09/02/2021 ACCOUNT NO: 306-9905552 STATEMENT NO: 37529 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1,092.45 $1,092.45 Page 185 of 510 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 08/09/2021 SMS Review Beneficiary Documents; FOR CURRENT SERVICES RENDERED TIMEKEEPER SEAN M. SWARTZ TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.20 0.20 RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $205.00 $41.00 Page: 1 09/02/2021 306-9905560 37530 41.00 41.00 $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 186 of 510 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) ACCOUNT NO STATEMENT NO 08/26/2021 SHB Receive and review trial notice and instructions from court. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.10 $205.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.10 0.10 TOTAL $20.50 Page: 1 09/02/2021 306-9905562 37531 20.50 20.50 $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 187 of 510 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 09/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905565 Boynton Beach FL 33435 STATEMENT NO: 37532 Attn: Lynn Swanson adv. Yoakum, Timothy C. (RLC Appeal) HOURS 08/11/2021 HN Discussion with pro se litigant re: his request for an extension of time. 0.10 SHB Prepare and file Notice of Appearance. Begin review of record on appeal. 0.80 08/12/2021 SHB Receive and review correspondence from Yoakum re: extension of time. Complete review of record on appeal. Discuss case matters with MDC. Follow up with Yoakum re: request for extension. 1.00 08/13/2021 SHB Receive and review Motion to Continue. Prepare and file objection to Motion. 0.70 FOR CURRENT SERVICES RENDERED 2.60 533.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 0.10 $205.00 $20.50 SHANA H. BRIDGEMAN 2.50 205.00 512.50 TOTAL CURRENT WORK 533.00 BALANCE DUE $533.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 188 of 510 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 adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) HOURS 08/11/2021 HN Review of Order referring case and setting trial date. Review of rules cited in order. Discussion with GB about the order. 0.30 08/13/2021 HN Meeting with GB to discuss trial court order and upcoming deadlines. Review of pre-trial scheduling order. Email to GS regarding pre-trial scheduling order. 0.60 GB Meeting with HN regarding trial deadline and local rule 16.1 b and scheduling order. 0.30 08/16/2021 HN Email exchange re: trial court order deadlines with MDC. Review of deadlines. Review of our office correspondence to Plaintiffs to comply with the court's order. Review of rule 26 of the federal rules of civil procedure. Drafted discovery plan and emailed to GB for review. 1.20 MDC review trial orders, review and revise draft email to plaintiffs 0.30 Page: 1 09/02/2021 306-9905567 37533 08/17/2021 HN Review of GB edits on Joint Discovery Plan. Accepted changes from GB and edits to document. Review of Karen Ho email and discussion with GB. Email exchanges re: conference with Karen and Wing Ho. 0.70 GB Edits to discovery plan. Legal research Rule 26. 0.50 08/18/2021 HN Review of email from GB and discussion with GB re: call with Karen and Wing Ho today. Review of email exchanges from Karen Ho and GB. 0.30 GB Telephone conference call with HN regarding discovery plan. Email to JAC, MDC and HN regarding mediators. Telephone conference call with Hos regarding joint discovery plan. Edits to joint discovery plan pursuant to call with Hos and email to Hos forwarding agreed upon joint discovery plan for final approval before submission. 2.10 08/19/2021 HN Review of email from Karen Ho to GB. 0.10 08/20/2021 HN Email to Lori cc Adam Temple, JAC and GB re: status of case. Review of email from GB to Karen and Wing Ho. Discussion with GB about joint discovery plan conference. 0.20 GB Email to Hos regarding joint discovery plan. 0.10 08/23/2021 GB Telephone conference call with HN regarding upcoming deadlines, mediators and joint discovery plan. 0.30 HN Review of costs in preparation of costs affidavit. Drafted initial disclosures. Emails to Karen and Wing Ho cc GB re: joint discovery plan and mediator. Discussion with GB about joint discovery plan and initial disclosures. Review of redlined joint discovery plan with Plaintiffs responses. 1.70 Page 189 of 510 Page: 2 CITY OF BOYNTON BEACH 09/02/2021 ACCOUNT NO: 306-9905567 STATEMENT NO: 37533 adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) �� 08/24/2021 HN Review of email exchange between Karen Ho and GB. Discussion with GB. 0.20 GB Telephone conference call with HN regarding discovery plan. Emails with Plaintiff regarding discovery plan. 0.30 08/25/2021 HN Review of email from Karen Ho. Discussion with GS. Review of other lawsuit Karen Ho asserts is keeping her from complying with the deadline. 0.30 08/26/2021 HN Review of rule 26. Phone discussions with GB. Review of emails from Karen Ho regarding discovery plan. Edits to discovery plan. Discussion with MDC and further edit to discovery plan. Drafted request for mediator and emailed draft request to Karen and Wing Ho. Review of pretrial scheduling order and local rule 16.2, Discussions with GB. 2.10 GB Telephone conference call with HN Regarding initial disclosures. Emails with Plaintiffs regarding joint discovery plan. Edits to discovery plan and request for court appointed mediator and email to HN. 0.50 08/27/2021 MDC confer with Heather Needelman on joint disclosure report due 8/27 0.30 HN Review of email exchange with Karen Ho and coordination as to when to file request for clerk to appoint mediator and discovery plan. Review of clerk's appointment of a mediator. Review of email service to Karen and Wing Ho of City's request and the clerk's appointment. Review of filed discovery plan and email from our office to Plaintiffs. 0.40 08/30/2021 HN Review of Karen and Wing Ho's filing re: to mediator and discovery plan. HOURLY RATE TOTAL Email to GB. Comparison of City's discovery report versus what Plaintiffs 0.60 $205.00 filed. Research as to whether Plaintiffs have a right to jury trial. Review of HEATHER NEEDELMAN 15.80 Rule 38 of the federal rules of civil procedure. Discussed filings from 3,239.00 GAL BETESH Plaintiff with GB. Review of Rule 65. Research related to preliminary 205.00 984.00 injunctions and rights to jury trials. Drafted the City's Motion to Strike Plaintiffs' Discovery Plan. Email to GB with draft. Review of GB edits and further edits to draft. Review of local rule 7.1(2). Email exchanges with GB. Edits to Motion. 4.10 GB Edits to Motion to Strike Plaintiffs' joint discovery plan. 0.40 08/31/2021 GB Meeting with HN regarding trial deadlines and strategy. 0.30 HN Meeting with GB regarding who the City will be subpoenaing and pending issues that require further research. Review of draft subpoenas. Review of trial and scheduling order. Review of the injunction rule and elements of a preliminary cause of action. outlined the city's position. Review of case law as to what the Plaintiffs may recover in an action seeking a preliminary injunction based on allegations of a violation of the 5th amendment. Discussion with Julie Oldbury re: mediation date. Email to GB re: mediation date and discussion with Julie. Review of costs statute - 28 USC 1920. 3.60 CLD Drafted subpoenas for architect and engineer for depositions; verify license status of both through DBPR; confer with process server as to process of service in Montreal. 0.90 FOR CURRENT SERVICES RENDERED 22.10 4,458.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.60 $205.00 $123.00 HEATHER NEEDELMAN 15.80 205.00 3,239.00 GAL BETESH 4.80 205.00 984.00 Page 190 of 510 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO: adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) TIMEKEEPER HOURS HOURLY RATE TOTAL CYNTHIA L. DUNN 0.90 125.00 112.50 TOTAL CURRENT WORK BALANCE DUE Page: 3 09/02/2021 306-9905567 37533 4,458.50 $4,458.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 191 of 510 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 09/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905572 Boynton Beach FL 33435 STATEMENT NO: 37534 Attn: Lynn Swanson adv. Webb, Jesse Rufus, Jr. (Forfeiture of $8,425) HOURS 08/04/2021 CLD Review of Judge Goodman's procedures as to orders and correspondence; drafted proposed order for transport of incarcerated claimant for APH hearing; drafted cover letter and email to Judge Goodman enclosing proposed order. 0.80 08/06/2021 BJS Draft follow up correspondence with the Clty re: Adversarial Preliminary Hearing 0.50 08/09/2021 BJS Review and follow up re: Orders/Adversarial Preliminary Hearing, review correspondence from Jesse Webb 0.60 CLD Review of court memo rejecting proposed Order Directing Claimant to Appear and made revisions thereto. 0.40 08/10/2021 CLD Drafted and uploaded to court management system the proposed Order Specially Setting Remote Hearing for 8/18/21; reviewed court memo rejecting proposed order; made revisions thereto and resubmitted; phone conversation with judicial assistant; phone conversation with Sgt. Carter at Main Detention Center re: claimant's appearance at hearing; drafted email to judicial assistant advising that the jail facility was under quarantine; drafted and uploaded order cancelling the 8/18/21 hearing; drafted Certificate of Mailing; e -filed Affidavit of Service. 4.10 08/12/2021 BJS Telephone call with Ms. Tiffenberg re: Evidentiary Hearing and follow up 0.50 08/13/2021 BJS Telephone conference call with Ofc. Autiello and Tom D'Andrea re: Hearing Preparation for Adversarial Preliminary hearing and follow up 1.00 08/19/2021 BJS Telephone call with Court Administration 0.30 CLD Phone call to Sgt. Carter at Main Detention Center re: status of quarantine; drafted email to judicial assistant advising that the jail facility was no longer under COVID quarantine. 0.50 08/20/2021 BJS Telephone call with Sally Tiffenberg re: exhibits and hearing, with follow up re: Exhibits 0.80 08/23/2021 BJS Review exhibits as provided by the City and follow up with staff 0.50 08/25/2021 CLD Email received from court asking for dates to reschedule APH; emails sent to T. D'Andrea, M. Autiello and Sally Tiffenberg to coordinate availability. 0.80 08/30/2021 CLD Drafted email to judicial assistant to provide dates for rescheduling APH. 0.30 Page 192 of 510 CITY OF BOYNTON BEACH adv. Webb, Jesse Rufus, Jr. (Forfeiture of $8,425) Page: 2 09/02/2021 ACCOUNT NO: 306-9905572 STATEMENT NO: 37534 08/31/2021 CLD Received email from the court to reschedule the APH for 9/24/21; drafted Order Specially Setting Remote Hearing for 9/24/21 and Order Directing Claimant to Appear; drafted witness List, exhibit list. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE CYNTHIA L. DUNN 9.40 $125.00 BRIAN J. SHERMAN 4.20 205.00 Photocopies TOTAL EXPENSES THRU 08/31/2021 08/03/2021 Compass Investigations - Invoice 2021006592 Depo TOTAL ADVANCES THRU 08/31/2021 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 2.50 13.60 TOTAL $1,175.00 861.00 2,036.00 67.70 2,211.85 $2,211.85 Page 193 of 510 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. Clerk of Court (RJ Simple Solution, LLC) ACCOUNT NO STATEMENT NO 08/26/2021 SHB Review file, complaint, and pleadings. Prepare and file Answer to interpleader complaint. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 1.00 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/02/2021 306-9905579 37535 HOURS 1.00 1.00 205.00 TOTAL $205.00 205.00 $205.00 Page 194 of 510 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. Specialized Loan Servicing (Schmidt, Arthur) 08/26/2021 SHB Receive and review complaint. Open new file. 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 09/02/2021 306-9905580 37536 205.00 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 195 of 510 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. Ford, Sharron (negligence arrest) Billing Category 18-RLO Claim #001470000245GB ACCOUNT NO STATEMENT NO 08/04/2021 GB Received and reviewed appellate opinion on motion for rehearing. 0.40 JAC Review and begin discussion regarding fourth District Court of Appeal's reversal of opinion 1.80 08/06/2021 GB Review article regarding opinion in DBR emailed by Michael Burke. 0.20 JAC Review status of case; media coverage and options regarding appeals in litigation; discuss with LL 0.90 08/09/2021 JAC Review appellate court reversal of opinion and Michael Burke analysis; discuss with CityManager; 0.80 08/16/2021 JAC Finalized review of first and second appellate court opinions and Mike Burke correspondence concerning motion for rehearing; Miscellaneous legal research regarding same 2.20 08/17/2021 JAC Research regarding options for rehearing; conference call with Michael Burke and Julie Oldbury regarding same 1.30 FOR CURRENT SERVICES RENDERED 7.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 7.00 $205.00 $1,435.00 GAL BETESH 0.60 205.00 123.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 09/02/2021 306-9905029 37387 1,558.00 $1,558.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 196 of 510 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. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 08/04/2021 GB Reviewed and reviewed Agreed Case Management Plan, Joint Case Management Report, and Proposed Order on Case Management Plan. Email to opposing counsel regarding edits to Joint Case Management Report. 08/16/2021 GB Emails with Stephanie Kaufer regarding joint case management plan. Emails with opposing counsel regarding case management plan. 08/17/2021 GB Email to City regarding Plaintiff's deposition requests. Emails to Plaintiffs counsel regarding depositions. Emails and telephone conference call with attorney for Officer Sohn regarding case management plan. 08/18/2021 GB Telephone conference calls with attorney Stephanie Kaufer, Officer Sohn's attorney regarding court ordered case management plan. Edits to case management plan and had same filed and served. Email to Judge case management plan. Attended case management conference. 08/26/2021 GB Emails with Plaintiffs counsel regarding Lex's deposition. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 3.00 $205.00 08/12/2021 Pleasanton & Marsaa Court Reporting - Invoice 17156 Depo TOTAL ADVANCES THRU 08/31/2021 TOTAL CURRENT WORK Page: 1 09/02/2021 306-9905190 37388 HOURS 0.30 0.30 0.50 1.70 0.20 3.00 615.00 TOTAL $615.00 185.50 185.50 185.50 800.50 Page 197 of 510 CITY OF BOYNTON BEACH adv. Readon, Jayden, Estate of (police chase) BALANCE DUE Page: 2 09/02/2021 ACCOUNT NO: 306-9905190 STATEMENT NO: 37388 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $800.50 Page 198 of 510 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. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470000410EP 08/04/2021 GB Draft Motion for Summary Judgment and reviewed file for Exhibit List. ACCOUNT NO STATEMENT NO HOURS 3.10 08/06/2021 GB Emails with tristar regarding City's exposure, claim status and trial. Meeting with JAC regarding lawsuit. 0.20 08/09/2021 GB Legal research past verdicts and judgment for whistleblower claims in Florida state court in preparation for call with tristar. Drafted memorandum regarding findings. 1.80 08/10/2021 GB Telephone conference call with JAC in preparation for call with tristar and City regarding claim evaluation. Telephone conference call with JAC, Tristar, and City regarding claim and trial deadlines. Telephone conference call with JAC and City regarding next steps. 1.10 JAC Case status and coverage conference call with tri star representatives; follow up review of Brit coverage issues and coordination of review call with Brit; 1.20 08/12/2021 GB Emails with City regarding calls with BRIT. Emails to William Mooney of BRIT regarding update call. 0.20 08/13/2021 GB Drafted Motion for Summary Judgment as to Count I of Plaintiff's Amended Complaint. 2.00 08/15/2021 GB Continued drafting Motion for Summary Judgment as to Count I of Plaintiff's Amended Complaint. 3.00 08/16/2021 GB Drafted proposal for settlement, general release and notice of filing proposal for settlement. Finalized Brit report. Legal research for Motion for Summary Judgment. 2.30 08/17/2021 GB Email to TC regarding BRIT request for budget. Drafted budget and response to BRIT's questions about case. Email to JAC regarding case evaluation. 0.40 Page: 1 09/02/2021 306-9905216 37389 08/18/2021 GB Email to BRIT responding to inquires about case update. Edits to previously filed witness and exhibit list and filed with court. Emails with opposing counsel regarding depositions. 1.80 Page 199 of 510 CITY OF BOYNTON BEACH adv. Ryan, Ronald (whistleblower PD) Page: 2 09/02/2021 ACCOUNT NO: 306-9905216 STATEMENT NO: 37389 08/19/2021 MDC confer with Gal Betesh, review draft Motion for Summary Judgment GB Legal research regarding uncertified deposition transcript in summary judgment. Continued drafting Motion for Summary Judgment. Meeting with MDC regarding Motion and edits thereto. 08/20/2021 GB Prepared and participated in telephone conference call with BRIT. Worked on Motions in Limine. JAC Conference with Gal Betesh; follow up with Mike Cirullo regarding status of case and preparation for trial; conference call with BRIT representatives re same. HOURS 0.90 4.00 2.10 2.00 08/22/2021 GB Edits to Motion for Summary Judgment and legal research in support of Motion for Summary Judgment and email to MDC Motion for Summary Judgment for review. 3.00 08/23/2021 MDC review revised draft of summary judgment motion, provide comments and discuss with Gal Betesh 0.60 GB Telephone conference call with JAC regarding missed call with Dr. Miller and emails from Plaintiff requesting documents from Dr. Miller. Telephone conference call with City regarding documents produced in lawsuit. Email to opposing counsel regarding Plaintiffs email to City regarding documents from Dr. Miller. Trial preparation. 0.90 08/25/2021 GB Trial preparation and drafted motions in limine. Telephone conference call with JAC regarding strategyand pre trial motions. Email to City regarding Motion for Summary Judgment. Email to opposing counsel regarding up coming trial deadlines. 1.90 08/26/2021 GB Email to opposing counsel regarding pre trial stipulation. 0.10 GB Drafted motions in limine. Legal research for motions. Meeting with MDC regarding motions in limine. 4.10 08/27/2021 MDC discuss summary judgment motion with Gal Betesh 0.20 JAC Conference with Gal Betesh regarding trial preparation and status of motion for summary judgment; discuss expert witness 1.40 GB Trial preparation; legal research for motions in limine and evidence; legal research regarding exhibits and admitting them into evidence. 4.20 08/30/2021 MDC review draft motions in limine, misc research on standards, provide comments to Gal Betesh 1.00 GB Edits to Joint Pre Trial Stipulation and email to opposing counsel. 0.50 08/31/2021 GB Email with opposing counsel regarding Immler's deposition. Legal research regarding witness unavailability. Telephone conference call with Broberg regarding her upcoming deposition. Continued drafting and legal research of motions in limine. Telephone conference call with Chief Katz regarding subpoena for trial and deposition transcript. Drafted notice of unavailability and conflict for trial. Email with opposing counsel regarding trial deadlines. Began drafting deposition designations. 5.20 MDC confer with Gal Betesh on trial conflict matter, review notice of conflicts 0.30 FOR CURRENT SERVICES RENDERED 49.50 10,147.50 Page 200 of 510 Page: 3 CITY OF BOYNTON BEACH 09/02/2021 ACCOUNT NO: 306-9905216 STATEMENT NO: 37389 adv. Ryan, Ronald (whistleblower PD) TIMEKEEPER JAMES A. CHEROF MICHAEL D. CIRULLO GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 4.60 $205.00 3.00 205.00 41.90 205.00 TOTAL $943.00 615.00 8,589.50 10,147.50 $10,147.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 201 of 510 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) Billing Category: 18 - RLO Claim #0014700000452GB 08/02/2021 GB Legal research regarding affirmative defenses. Drafted answer and affirmative defenses to Plaintiffs First Amended Complaint. 1.80 JAC Review re: amended complaint response. 0.50 08/05/2021 GB Received and reviewed Plaintiff's responses in City's first set of discovery, including lost wage claims and medical bills. Telephone conference call with City regarding Plaintiff's production. 2.00 08/06/2021 GB Reviewed Plaintiffs documents produced in response to city's request for production. Email to City and tristar regarding Plaintiff's discovery responses. 1.00 08/10/2021 GB Reviewed Plaintiffs documents in response to request for production and email to City regarding evaluation. Email to opposing counsel regarding deficiencies with documents produced for lost wages. Emails with investigator regarding Plaintiff. 2.10 08/16/2021 GB Telephone conference call with City regarding surveillance. 0.20 08/17/2021 GB Email to investigator regarding additional days requested. Telephone conference call with City regarding strategy moving forward. 0.50 08/23/2021 GB Received and reviewed investigator report and email to City regarding same. 0.20 08/24/2021 GB Emails with City and Tristar regarding investigator findings. 0.30 FOR CURRENT SERVICES RENDERED 8.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.50 $205.00 $102.50 GAL BETESH 8.10 205.00 1,660.50 Page: 1 09/02/2021 306-9905347 37390 1,763.00 Page 202 of 510 Page: 2 CITY OF BOYNTON BEACH 09/02/2021 ACCOUNT NO: 306-9905347 STATEMENT NO: 37390 adv. Benitez, Antonio (Park Injuries) Photocopies TOTAL EXPENSES THRU 08/31/2021 08/23/2021 Surveillance, LLC - Invoice BENITEZ 21-08 Depo TOTAL ADVANCES THRU 08/31/2021 TOTAL CURRENT WORK BALANCE DUE 0.70 0.70 2,476.00 2,476.00 2,476.00 4,239.70 $4,239.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 203 of 510 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 08/02/2021 GB Telephone conference call with opposing counsel regarding depositions and settlement offer. Telephone conference call with JAC regarding settlement and depositions. 0.50 JAC Discussion and research regarding settlement and format of releases 0.90 08/03/2021 GB Emails with opposing counsel regarding release and edits thereto. Emails with JAC regarding settlement. 0.30 08/04/2021 JAC Conference with Gal Betesh regarding options for continued discovery and settlement; 1.10 08/09/2021 GB Emails with City regarding signed release. 0.20 08/17/2021 GB Email to City and Tristar regarding settlement check. 0.10 08/19/2021 GB Email to opposing counsel regarding dismissal of lawsuit. 0.10 08/24/2021 GB Telephone conference call with opposing counsel regarding clearing of check and dismissal of lawsuit. Received and reviewed notice of dismissal with prejudice and email to City and tristar regarding dismissal of lawsuit. 0.30 FOR CURRENT SERVICES RENDERED 3.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 2.00 $205.00 $410.00 GAL BETESH 1.50 205.00 307.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 09/02/2021 306-9905360 37391 717.50 $717.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 204 of 510 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. Moyse, Roseline (RLO) Billing Category: 18 - RLO Claim #19754303 08/30/2021 GB Received and reviewed trial order and deadlines in order. Email to tristar and City regarding trial order and trial docket dates. FOR CURRENT SERVICES RENDERED TINACI.ICCDCD CHL tit I tJti TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/02/2021 306-9905369 37392 HOURS 0.30 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 205 of 510 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 Mata Chorwadi Inc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 08/06/2021 MDC Review Reply Brief, including comparing Answer Brief to comments made in Reply Brief; review appendix to compare to arguments made in Reply Brief; review cases cited for first time in Reply Brief to confirm no issues for City; review federal rules on briefing schedules, allowable responses, and oral argument; prepare update letter to Julie Oldbury FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.70 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 09/02/2021 306-9905423 37393 HOURS 1.70 1.70 348.50 TOTAL $348.50 348.50 $348.50 Page 206 of 510 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 09/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905459 Boynton Beach FL 33435 STATEMENT NO: 37394 Attn: Lynn Swanson adv. Cantrell, Wanda (Trip and Fall) Billing Category: 18 - RLO Claim #20805293 08/05/2021 GB Telephone conference calls with claimant's attorney regarding settlement and damages. Emails with City regarding settlement proposals. Telephone conference call with City regarding updates and conversation with claimant's counsel. 1.10 08/06/2021 GB Telephone conference call with investigator regarding surveillance on claimant. Reviewed file for all documents relevant to investigator and email to investigator with documents and claim information. Filled out surveillance intake form and email to City for review. 1.10 08/10/2021 GB Email to City regarding surveillance. Email to investigator regarding surveillance. 0.20 08/12/2021 GB Received investigator report and email to City regarding report. 0.20 08/16/2021 GB Received and reviewed surveillance reports for days 2 & 3 from investigator. Email to City and Tristar regarding reports and strategy moving forward. Telephone conference call with City regarding surveillance. 0.70 08/17/2021 GB Received and reviewed surveillance summaries for days 2 and 3. Email to City regarding findings and strategy moving forward. Email to investigator regarding additional days requested. Telephone conference call with City regarding strategy moving forward. 0.50 08/23/2021 GB Received and reviewed investigator report and email to City regarding same. 0.20 08/24/2021 GB Emails with City and Tristar regarding claim evaluation and investigator. 0.30 08/25/2021 GB Telephone conference call with City and Tristar regarding claim evaluation and strategy moving forward. 0.90 FOR CURRENT SERVICES RENDERED 5.20 1,066.00 RECAPITULATION HOURS HOURLY RATE TOTAL 5.20 $205.00 $1,066.00 Page 207 of 510 Page: 2 CITY OF BOYNTON BEACH 09/02/2021 ACCOUNT NO: 306-9905459 STATEMENT NO: 37394 adv. Cantrell, Wanda (Trip and Fall) 08/16/2021 Surveillance, LLC - Invoice CANTRELL - 21-08 Depo TOTAL ADVANCES THRU 08/31/2021 TOTAL CURRENT WORK BALANCE DUE 2,378.00 2,378.00 2,378.00 k... I9 $3,444.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 208 of 510 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. Bible Church of God (Property Damage/Fiber Optic Cable) Billing Category: 18 - RLO Claim #19792048 ACCOUNT NO STATEMENT NO 08/02/2021 GB Edits to release. Email to City regarding release and emails to Lisa Cohen regarding edits to release. 0.30 08/03/2021 GB Email to Vincent Cincineli, representative for Bible Church of God's insurance company re: processing release and check. 0.10 08/12/2021 GB Email to City regarding settlement check and letter received from Capacity Insurance. 0.10 FOR CURRENT SERVICES RENDERED 0.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.50 $205.00 $102.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 09/02/2021 306-9905480 37395 102.50 $102.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 209 of 510 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 09/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905492 Boynton Beach FL 33435 STATEMENT NO: 37396 Attn: Lynn Swanson adv. Flake, Natalie (MVA) Billing Category: 18 - RLO Claim #20818346 08/06/2021 GB Reviewed Complaint served by Plaintiff. Reviewed tristar analysis regarding claim, police reports, incident reports and pictures. Email to City regarding complaint and supporting documents. 0.30 08/11/2021 GB Emails with City regarding supporting documents. Received and reviewed Complaint and discovery documents from Plaintiff. Began reviewing file in preparation to response. 0.80 08/24/2021 GB Legal research for motion to dismiss. Began drafting responses to Plaintiffs First Set of Interrogatories and First Request for Production. 1.40 08/25/2021 GB Finalized Motion to Dismiss or Stay Complaint and the City's First Set of Interrogatories and First Request for Production to Plaintiff and had documents filed and served on Plaintiff. 1.40 08/30/2021 GB Telephone conference calls with City regarding discovery. Continued drafting objections and responses to discovery. Telephone conference call with city officer and witness regarding incident. 2.00 08/31/2021 GB Emails with Officer Schalk regarding incident and discovery. 0.10 GB Telephone conference call with City regarding discovery. 0.20 FOR CURRENT SERVICES RENDERED 6.20 1,271.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 6.20 $205.00 $1,271.00 Photocopies 1.40 TOTAL EXPENSES THRU 08/31/2021 1.40 TOTAL CURRENT WORK 1,272.40 Page 210 of 510 CITY OF BOYNTON BEACH adv. Flake, Natalie (MVA) BALANCE DUE Page: 2 09/02/2021 ACCOUNT NO: 306-9905492 STATEMENT NO: 37396 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE $1,272.40 Page 211 of 510 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 09/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905498 Boynton Beach FL 33435 STATEMENT NO: 37397 Attn: Lynn Swanson adv. Clemons, Latosha (Personal Injury Injury from a Public Art Mural and It's Unveiling) Billing Category: 18 - RLO Claim #20820231 HOURS 08/02/2021 GB Worked on responses to Plaintiffs First Set of Interrogatories and Request for Production. 2.40 08/03/2021 GB Emails with City regarding documents needed to be produced in response to Plaintiff's Request for Production. Reviewed archived emails provided by City in order to draft response to request for production. 3.30 08/04/2021 GB Email with City regarding answers to interrogatories. Drafted Notice of Service of Interrogatories and had notice filed and answers to interrogatories served on Plaintiffs counsel. 0.40 08/05/2021 JAC Review discovery and discuss status of case with GB 0.60 08/06/2021 GB Worked on responses to Plaintiffs First Request for Production, reviewing emails from Dobay, Petty and Art Commission to produce to Plaintiff. 2.60 08/09/2021 GB Continued reviewing emails of art commissioners, Coles Dobay and Petty and art commissioners in response to Plaintiffs discovery requests. 3.80 08/10/2021 GB Continued reviewing emails from archive from Art Commisioner and Debby Coles Deboy in response to Plaintiffs Request for Production, 2.90 08/12/2021 MDC Telephone conference call with Gal Betesh on discovery matters 0.20 JAC Review case status, prepare for and attend status conference scheduled by judge; miscellaneous follow up notations regarding discovery; discussed case with LL 0.80 GB Prepared for and attended status conference. Finalized discovery. 3.90 08/17/2021 GB Email to JAC regarding public records requests. 0.10 08/18/2021 GB Reviewed Judge's instruction for Motion for Dismiss hearing. Began preparing for hearing reviewing case law. 0.50 08/19/2021 GB Email to opposing counsel regarding depositions. Emails to City regarding depositions. 0.20 Page 212 of 510 Page: 2 CITY OF BOYNTON BEACH 09/02/2021 ACCOUNT NO: 306-9905498 STATEMENT NO: 37397 adv. Clemons, Latosha (Personal Injury Injury from a Public Art Mural and It's Unveiling) HOURS 08/20/2021 GB Emails with City regarding depositions. Email to opposing counsel regarding depositions. 0.20 08/23/2021 GB Continued preparing for Motion to Dismiss hearing by reviewing case law and statutes. Began preparing for depositions scheduled by Plaintiff. 1.90 08/25/2021 GB Prepared for Motion to Dismiss hearing. 0.70 08/26/2021 GB Prepared for deposition of City Manager and Debby Coles Deboy. Prepared for Motion to Dismiss hearing 2.20 08/30/2021 GB Prepared for and attended Motion to Dismiss Amended Complaint hearing, including travel time. Drafted proposed order and email to opposing counsel for review and approval. 3.20 08/31/2021 JAC Discuss motion to dismiss and case status with Gal Betesh 0.30 GB Telephone conference call with JAC regarding hearing on Motion to Dismiss and witness. 0.20 FOR CURRENT SERVICES RENDERED 30.40 6,232.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.70 $205.00 $348.50 MICHAEL D. CIRULLO 0.20 205.00 41.00 GAL BETESH 28.50 205.00 5,842.50 Photocopies 115.85 TOTAL EXPENSES THRU 08/31/2021 115.85 08/30/2021 Prestige Reporting Service - Invoice 105726 115.00 Depo 115.00 TOTAL ADVANCES THRU 08/31/2021 115.00 TOTAL CURRENT WORK 6,462.85 BALANCE DUE $6,462.85 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 213 of 510 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 Page: 1 09/02/2021 306-9905553 37398 adv. Miley, Cynthia and McCormick, LaToya (MVA COBB Utility Vehicle #2150 jumped curb and hit parked car of Cynthia Billing Category: 18 - RLO Claim #21844057 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 214 of 510 HOURS 08/06/2021 GB Telephone conference call with City regarding email from Joanne Williams. Left voicemail for attorney Williams and emails regarding Mr. Mandi. 0.40 08/13/2021 GB Telephone conference call attorney Joanne Williams who represents ViaCom's parent company regarding claim. Telephone conference call with City regarding update on conversation with Ms. Williams. 0.70 FOR CURRENT SERVICES RENDERED 1.10 225.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.10 $205.00 $225.50 TOTAL CURRENT WORK 225.50 BALANCE DUE $225.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 214 of 510 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 Tristar Risk Management September 21, 2021 Attn: Karen Klein Bill No. 60440 P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. 138 MATTER: Readon v. Boynton Beach 18187 Claim #001470 -000396 -AB -01 BILL FOR FEES AND COSTS THROUGH 08/31/21 PROFESSIONAL SERVICES Date Services Attorney Hours 08/04/21 Correspondence to correspondences to and from Plaintiffs SWK 0.40 counsel re proposed Case Management Plan and Joint Case Management Report. 08/04/21 Preparation of deposition summary of former Chief of Police of SWK 0.90 Boynton Beach, Jeffrey Katz. 08/05/21 Correspondence to correspondence from Plaintiffs counsel re SWK 0.20 proposed Case Management Plan and Joint Case Management Report. 08/06/21 Telephone conference with Mark Sohn, re discussing Jeffrey SWK 0.60 Katz's deposition and status of case. 08/10/21 Review/Analyze traffic homicide report to identify pertinent AGB 0.50 portions to cite in Defendant's motion for summary judgment (approximately 26 pages) 08/10/21 Review/Analyze City of Boynton Beach incident reports to AGB 0.20 identify pertinent portions to cite in Defendant's motion for summary judgment (approximately 18 pages) 08/16/21 Communicate/Other Counsel multiple correspondences to and SWK 0.80 from counsel for City, Gal Betesh, re Plaintiffs proposed Case Management Plan and Joint Case Management Report and seeking bifurcated trial. 08/16/21 Communicate/Other Counsel multiple correspondences to and SWK 0.60 from Plaintiffs counsel re proposed Case Management Plan and Joint Case Management Report and Defendants seeking to bifurcate the trial. 08/16/21 Communicate/Other Counsel correspondence from Gal Betesh, SWK 0.20 counsel for City, re proposed edits to Plaintiffs proposed Case Management Plan and Joint Case Management Report Page 215 of 510 Client: Gallagher Bassett Services, Inc. September 21, 2021 Matter: 18187 - Readon v. Boynton Beach Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 08/16/21 Review/Analyze deposition testimony of Marie Claire Jeanlor to AGB 0.30 identify testimony for use in support of motion for summary judgment (approximately 21 pages) 08/16/21 Review/Analyze deposition testimony of Nicholas Fervil to AGB 0.40 identify testimony for use in support of motion for summary judgment (approximately 26 pages) 08/16/21 Review/Analyze deposition testimony of Jeffrey Katz to identify AGB 0.90 testimony for use in support of motion for summary judgment (approximately 79 pages) 08/17/21 Communicate/Other Counsel multiple correspondences to and SWK 0.60 from Plaintiffs counsel re proposed Case Management Plan and Joint Case Management Report revisions. 08/17/21 Communicate/Other Counsel correspondence from Gal Betesh, SWK 0.20 counsel for City, re Plaintiffs proposed deposition of former Sergeant at City of Boynton Beach Police Department, Thomas Wallace. 08/17/21 Communicate/Other Counsel correspondence from Plaintiffs SWK 0.20 Counsel re deposition of former Sergeant at City of Boynton Beach Police Department, Thomas Wallace. 08/17/21 Review/Analyze Plaintiffs Motion to Stay. SWK 0.20 08/17/21 Draft/Revise correspondence to Ms. Dunn re: deposition of AGB 0.10 Officer Herny. 08/17/21 Preparation for case management conference. SWK 0.60 08/17/21 Review and analysis of deposition testimony of Officer Sohn to AGB 1.30 identify testimony for use in support of motion for summary judgment (approximately 167 pages) 08/18/21 Review/Analyze correspondence from Ms. Dunn re: deposition AGB 0.10 of Officer Herny. 08/18/21 Review/Analyze deposition transcript of Officer Corey Herny in AGB 0.50 the civil matter (44 pages). 08/18/21 Communicate/Other Counsel multiple correspondences to and SWK 0.60 from Plaintiffs counsel re proposed Joint Case Management Report and cannot agree. 08/18/21 Review/Analyze Plaintiffs Case Management Report. SWK 0.20 08/18/21 Correspondence to correspondence from Plaintiffs counsel re SWK 0.20 Plaintiffs Case Management Report. 08/18/21 Review/Analyze Defendants' Case Management Report. SWK 0.20 08/18/21 Telephone conference with Gal Batesh re: issues with Plaintiffs SWK 0.40 Case Management Report. 08/18/21 Multiple telephone conferences with Plaintiffs counsel, Brooke SWK 0.60 and Elman Sharmin re: issues with Case Management Report and Motion to Stay. 08/18/21 Attendance at Case Management Conference (via Zoom). SWK 0.70 Page 216 of 510 Client: Gallagher Bassett Services, Inc. September 21, 2021 Matter: 18187 - Readon v. Boynton Beach Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 08/23/21 Review/Analyze deposition testimony of Detective Stephan to AGB 1.60 identify testimony for use in support of motion for summary judgment (approximately 133 pages) 08/26/21 Correspondence to correspondences to and from Plaintiffs SWK 0.30 counsel re depositions of Lex Eugene and Thomas Wallace. 08/26/21 Correspondence to correspondence from counsel for City re SWK 0.10 depositions of Lex Eugene and Thomas Wallace. 08/30/21 Communicate/Other Counsel correspondence from Plaintiffs SWK 0.20 counsel re delay of deposition of Lex Eugene due to still appealing criminal charges for subject incident. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 5.90 160.00 944.00 SWK Stephanie W. Kaufer, Partner 9.00 185.00 1,665.00 Total Professional Services 14.90 $2,609.00 CURRENT BILL TOTAL AMOUNT DUE $ 2,609.00 Balance Forward: 1,134.50 Payments & Adjustments: Total Due: $ 3,743.50 Page 217 of 510 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: 60440 Bill Date: September 21, 2021 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 2,609.00 0.00 $ 2,609.00 1,134.50 -0.00 $ 3,743.50 1,134.50 $3,743.50 Page 218 of 510 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 September 21, 2021 Attn: Karen Klein Bill No. 60437 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: McFadden v. CBB/Sohn 20469 Claim #N/A BILL FOR FEES AND COSTS THROUGH 08/31/21 PROFESSIONAL SERVICES Date Services Attorney Hours 08/20/21 Review/Analyze Records received from the Broward County SWK 0.30 Jail pursuant to our subpoena for records. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount SWK Stephanie W. Kaufer, Partner 0.30 185.00 55.50 Total Professional Services 0.30 $55.50 CURRENT BILL TOTAL AMOUNT DUE $ 55.50 Balance Forward: 10,418.56 Payments & Adjustments: -0.00 Total Due: $ 10,474.06 Page 219 of 510 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: 60437 Bill Date: September 21, 2021 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 20469 Matter Name: McFadden v. CBB/Sohn Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 55.50 0.00 $ 55.50 10,418.56 -0.00 $ 10,474.06 10,418.56 $10,474.06 Page 220 of 510 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 Attn: claims@bbfl.us P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER: Geraci v. Zeller Adj: Julie Oldbury BILL FOR FEES AND COSTS THROUGH 08/31/21 PROFESSIONAL SERVICES Date Services 08/01/21 Preparation for upcoming deposition of Plaintiff Sanford Geraci. 08/01/21 Review records pertaining to Plaintiff, Sanford Geraci, received from Medicare (1 pg), Medicaid (1 pg), Social Security (2pgs), FL Department of Economic Opportunity (14pgs), Dr. Kenneth Mandell (3pgs), Dermatology Consultants (12pgs), GastroCare (48pgs), Dr. Charles Lieber (18pgs), Boynton Beach Skin (7pgs), Broward Health Coral Springs (40pgs), to identify other insurance providers, treating physicians, pre-existing conditions, liens, or other additional defense leads. 08/02/21 Review Clerk of Court's Official Records to obtain copies of HOA's Declaration of Easements and Restrictions. September 14, 2021 Bill No. 60205 032 19132 Attorney Hours LHR 1.50 RKD 1.80 RKD 08/02/21 Review records pertaining to Plaintiff, Sanford Geraci, received RKD from Partners in Motion (64pgs), Cohen Medical Associates (40pgs), Delray Medical Center (63pgs) to identify other insurance providers, treating physicians, pre-existing conditions, liens, or other additional defense leads. 08/05/21 Research relevant caselaw pertaining to Defendant's obligation SHP to produce to Plaintiff videos pertaining to Plaintiff which are part of the public domain, in order to ensure full protection of client interests. 08/05/21 Review records pertaining to Plaintiff, Sanford Geraci, received RKD from Boca Raton Police Department (10pgs), PBC Jail (60pgs), and FL Department of Corrections (3pgs), to identify other criminal records and history or other defense leads. 0.50 1.50 1.20 0.80 08/06/21 Attendance at deposition of Plaintiff Sanford Geraci. LHR 8.50 08/07/21 Preparation for upcoming deposition of Plaintiff Meredith LHR 1.10 Geraci. Page 221 of 510 Client: City of Boynton Beach September 14, 2021 Matter: 19132 - Geraci v. Zeller Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 08/07/21 Review/Analyze litigation file including pleadings, motions, SHP 0.90 items of correspondence to date and other relevant file material in preparation for drafting Motion to Compel Deposition Duces Tecum of the Records' Custodian of Dr. Arthur, per defensive and discovery plan of action. 08/07/21 Review records pertaining to Plaintiff, Sanford Geraci, received RKD 2.80 from Take Care Clinic (5pgs), Minute Clinic (9pgs), Bethesda Hospital (73pgs), Inphynet (1pg), Sterling Emergency Physicians (2pgs), MedSolutions (116pgs), CVS (40pgs), Urgent Med (1 pg), Certified Foot (25pgs), to identify other insurance providers, treating physicians, pre-existing conditions, liens, or other additional defense leads. 08/08/21 Research relevant case law and statutory authority to raise and SHP 0.90 assert within the Motion to Compel the Deposition of the Records' Custodian of Dr. Arthur. 08/09/21 Correspondence to City Risk Manager Julie Oldbury re: LHR 1.80 summary of deposition of Plaintiff Sanford Geraci. 08/09/21 Review online databases to obtain proper registered agents of RKD 0.70 Fluent Cannabis Dispensary, Dr. Peggy Shing, Dr. Lawrence Spector, to serve subpoenas for Plaintiff, Sanford Geraci's records. 08/09/21 Drafting of initial drafting of Defendant's Motion to Compel the SHP 1.70 Deposition of the Records Custodian of Dr. Arthur per discovery plan of action and to ensure full protection of client interests. 08/09/21 Attendance at deposition of Plaintiff Meredith Geraci via Zoom. LHR 2.90 08/12/21 Correspondence to City Risk Manager Julie Oldbury re: LHR 1.50 summary of deposition of Plaintiff Meredith Geraci. 08/13/21 Preparation of correspondence to Director of HR and Risk LHR 0.30 Management, Julie Oldbury, re: requesting authority to retain Command Investigations for social media investigation pertaining to Plaintiff, Sanford Geraci. 08/17/21 Preparation of correspondence to Director of HR & Risk LHR 1.60 Management re: medical records summary pertaining to Plaintiff, Sanford Geraci, received from Dr. Kenneth Mandell, Dermatology Consultants, Boynton Beach Skin, Ginter Wellness, Broward Health Coral Springs, Partners in Motion, Cohen Medical Associates, Gastro Health, LLC, Dr. Charles Lieber, Delray Medical Center, Take Care Clinic, Minute Clinic, Bethesda Hospital, CVS Pharmacy, Certified Foot & Ankle, Florida Department of Economic Opportunity, Social Security Administration, and Florida Department of Corrections. 08/17/21 Telephone conference with insured Capt. Zeller re: status of LHR 0.30 case. Page 222 of 510 Client: City of Boynton Beach September 14, 2021 Matter: 19132 - Geraci v. Zeller Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 08/17/21 Receipt and review of e-mail from Director of HR & Risk LHR 0.10 Management, Julie Oldbury, re: approval to retain Command Investigations for social media investigation pertaining to Plaintiff, Sanford Geraci. 08/23/21 Correspondence to non-party Nicholas Diamantides re: LHR 0.30 requesting meeting to discuss case. 08/23/21 Correspondence to non-party Logan Fagre re: requesting LHR 0.30 meeting to discuss case. 08/23/21 Correspondence to non-party Jeffrey Kogan re: requesting LHR 0.30 meeting to discuss case. 08/23/21 Correspondence to non-party Sal Cannizzo re: requesting LHR 0.30 meeting to discuss case. 08/24/21 Correspondence to non-party Robert Jones re: requesting LHR 0.30 meeting to discuss case. 08/24/21 Correspondence to non-party Saira Kaizad re: requesting LHR 0.30 meeting to discuss case. 08/24/21 Correspondence to non-party Katy Muzic re: requesting LHR 0.30 meeting to discuss case. 08/24/21 Correspondence to non-party Matthew Muzic re: requesting LHR 0.30 meeting to discuss case. 08/26/21 Preparation of Statement of Assurance (HIPAA) to Fitness LHR 0.10 International, LLC pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 08/26/21 Preparation of Statement of Assurance (HIPAA) to Fluent LHR 0.10 Cannabis Dispensary pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 08/26/21 Preparation of Statement of Assurance (HIPAA) to Dr. Peggy LHR 0.10 Shing pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 08/26/21 Preparation of Statement of Assurance (HIPAA) to Dr. LHR 0.10 Lawrence Spector pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 08/26/21 Preparation of subpoena duces tecum directed to Fitness LHR 0.20 International, LLC pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 08/26/21 Preparation of subpoena duces tecum directed to Fluent LHR 0.20 Cannabis Dispensary pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 08/26/21 Preparation of subpoena duces tecum directed to Dr. Peggy LHR 0.20 Shing pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. 08/26/21 Preparation of subpoena duces tecum directed to Dr. Lawrence LHR 0.20 Spector pertaining to Plaintiff, Sanford Geraci, pursuant to subpoena duces tecum. Page 223 of 510 Client: City of Boynton Beach Matter: 19132 - Geraci v. Zeller PROFESSIONAL SERVICES Date Services 08/27/21 Receipt and review of Plaintiffs' Request for Copies to Defendant Zeller for records received pursuant to our Notice of Production from Non -Party dated August 26, 2021. PROFESSIONAL SERVICES SUMMARY September 14, 2021 Page 4 Attorney Hours LHR 0.20 Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 23.40 185.00 4,329.00 RKD Rebecca K. Davis, Paralegal 8.10 110.00 891.00 SHP Sara H. Ptachik, Associate 4.70 160.00 752.00 Total Professional Services 36.20 Deposition Transcripts #185115: transcript, deposition of $5,972.00 DISBURSEMENTS Date Description 07/02/21 Deposition Transcripts #184791 -certificate of non-appearance for deposition of Dr. Friedman records custodian - Closria Court Reporting paid with American Express 08/06/21 Other Attend deposition of Plaintiff, Sanford Geraci, with insured Capt. Zeller;Lunch $36.37 - Lyman H. Reynolds, Jr. 08/06/21 Other Attend deposition of Plaintiff, Meredith Geraci, with insured Capt. Zeler;Lunch $52.66 - Lyman H. Reynolds, Jr. 08/09/21 Deposition Transcripts #185115: transcript, deposition of Meredith Geraci, 90 pp. - Florida Court Reporting 08/13/21 Deposition Transcripts #2021 -0561 -Deposition of Meredith Geraci - Legal Graphicworks, Inc. 08/13/21 Deposition Transcripts #2021 -05560 -Video deposition of Sanford Geraci - Legal Graphicworks, Inc. 08/25/21 Deposition Transcripts #185245: transcript, deposition, Sanford Geraci, 244 pp. - Florida Court Reporting Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Amount 110.00 36.37 52.66 597.50 433.50 993.75 1,645.50 $3,869.28 $ 9,841.28 2,219.00 -2,219.00 $ 9,841.28 Page 224 of 510 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: 60205 Bill Date: September 14, 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 Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 5,972.00 3,869.28 $ 9,841.28 2,219.00 -2,219.00 $ 9,841.28 WIN $9,841.28 Page 225 of 510 o MAIL CHECK TO VENDOR ❑ RETURN CHECK TO DEPT. o INCLUDE BACK-UP W/ CHECK CITY OF BOYNTON BEACH DIRECT PAYMENT REQUISITION Please issue a check in the amount c $ 12,295.00 . TO: Jones Foster, P.A. PO Box 3475 West Palm Beach, FL 33401-5950 PROJECT # (optional): VENDOR #: 16212 FOR: Town Square Litigation: Invoice No. 243755 August, 2021 $12,295.00 Requested By: City Attorne Approvals: Div Head Finance Dept. City Manager C Date : September 3, 2021 FUND DEPT BASICI ELE OBJ AMOUNT 001 1214 1 512 1 31 11 12,295.00 12,295.00 Page 226 of 510 JONES 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 REMITTANCE COPY TOTALS FOR THIS STATEMENT Tax I.D. 59-1292566 August 31, 2021 Invoice No. 243755 File No. 29049.00002 TJB RATE/HR., HOURS AMOUNT JOANNE M. OCONNOR 350.00 13.30 $4,655.00 MINDY HALLEY-PARA 230.00 0.50 $115.00 THOMAS J. BAIRD 350.00 21.50 $7,525.00 $12,295.00 TOTAL FEES THIS INVOICE TOTAL COSTS ADVANCED THIS INVOICE $0.00 TOTAL CHARGES THIS INVOICE $12,295.00 PREVIOUS BALANCE $0.00 TOTAL ACCOUNT BALANCE $12,295.00 PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE. PAYMENTS RECEIVED AFTER THE PREPARATION OF THIS INVOICE WILL NOT BE REFLECTED. IF AN UNPAID PRIOR BALANCE IS DISPLAYED ABOVE AND YOU HAVE RECENTLY REMITTED PAYMENT, PLEASE PAY ONLY THE CURRENT INVOICE CHARGES. THANK YOU DUE UPON RECEIPT Page 227 of 510 JONES FOSTER P.►. 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 MINDY HALLEY-PARA THOMAS J. BAIRD TOTAL FEE THIS INVOICE TOTAL COSTS ADVANCED THIS INVOICE TOTAL CHARGES THIS INVOICE PREVIOUS BALANCE TOTAL ACCOUNT BALANCE Tax I.D. 59-1292566 August 31, 2021 Invoice No. 243755 File No. 29049.00002 TJB RATE HOURS 350.00 13.30 230.00 0.50 350.00 21.50 AMOUNT $4,655.00 $115.00 $7,525.00 $12,295.00 $0.00 $12,295.00 $0.00 $12,295.00 Page 228 of 510 JONES FOSTER P.A. City of Boynton Beach August 31, 2021 Represent City with respect to litigation over a development Invoice No. 243755 File No. 29049.00002 Page 2 FOR PROFESSIONAL SERVICES RENDERED: DATE INDV DESCRIPTION OF SERVICES HOURS AMOUNT 07/30/21 TJB EXCHANGE EMAIL CORRESPONDENCE WITH ED 0.30 105.00 POZZUOLI (MEDIATOR) (3XS) 08/02/21 JMO OFFICE CONFERENCE T BAIRD RE OUTCOME OF 0.50 175.00 MEDIATION 08/02/21 TJB PREPARATION FOR AND ATTEND MEDIATION; TRIP 7.50 2,625.00 TO AND FROM FORT LAUDERDALE MEETING WITH CITY MANAGER AND CITY ATTORNEY; OFFICE CONFERENCE WITH JMO RE MEDIATION 08/03/21 JMO TEL CALL J CHEROF 0.20 70.00 08/03/21 JMO EMAIL M STEMPLER RE JKM DEPOSITION 0.20 70.00 08/03/21 JMO EMAIL COUNSEL FOR HASKELL RE DOCUMENTS, 0.20 70.00 DEPOSITION 08/04/21 JMO EMAIL FROM J MILLER FOR HASKELL RE DOCS, 0.10 35.00 DEPOSITION 08/04/21 JMO ATTENTION TO PRETRIAL STIPULATION DEADLINES; 0.20 70.00 EMAIL G BETESH 08/05/21 TJB REVIEW EMAIL CORRESPONDENCE FROM JOSH 0.30 105.00 NICHOLS TO AMANDA RADIGAN REQUESTING PRE -APP MEETING ON TOWN CENTER SITE PALN APPLICATIONS; EXCHANGE EMAIL CORRESPONDENCE WITH CITY ATTORNEY CHEROF RE REQUEST (2XS) 08/06/21 JMO INITIAL REVIEW OF PRETRIAL STIPULATION; EMAILS 0.30 105.00 RE C GROFF DEPOSITOIN; REVIEW SUBPOENA 08/06/21 TJB REVIEW EMAIL CORRESPONDENCE FROM CITY 0.30 105.00 ATTORNEY CHEROF TO KEVIN MARKOW RE THE REQUEST FOR A FORMAL PRE -APP MEETING; TELEPHONE CONFERENCE WITH JMO 08/09/21 JMO REVISE JKM CORPORATE REP NOTICE; EMAIL G 0.50 175.00 BETESH 08/09/21 TJB RECEIVE AND REVIEW MEDIATOR'S REPORT; 1.00 350.00 REVIEW EMAIL CORRESPONDENCE FROM ATTORNEY STEMPLER; TELEPHONE CONFERENCE WITH ATTORNEY CHEROFF & TOWN MANAGER 08/09/21 JMO REVIEW MEDIATION REPORT 0.10 35.00 Page 229 of 510 JONES FOSTER P.A. City of Boynton Beach August 31, 2021 Represent City with respect to litigation over a development Invoice No. 243766 File No. 29049.00002 Page 3 08/11/21 JMO TEL CALL G BETESH RE PRETRIAL TASKS 0.30 105.00 08/11/21 JMO EMAIL J MILLER AT HASKELL 0.10 35.00 08/11/21 JMO REVIEW SURVEY OF AS -BUILT UTILITY PROGRESS 0.40 140.00 FROM HASKELL; EMAILS WITH COUNSEL J MILLER; TEL CALL G BETESH 08/11/21 JMO TEL CALL L LAVERRIERE, J CHEROF, G BETESH, T 1.00 350.00 BAIRD 08/11/21 TJB REVIEW EMAIL CORRESPONDENCE FROM CITY 0.30 105.00 ATTORNEY CHEROFF TO ATTORNEY STEMPLER RE MEDIATION COMMUNICATIONS; TELEPHONE CONFERENCE WITH ATTORNEY CHEROFF, GAL, LORI AND JMO RE PREPARATION FOR ATTORNEY-CLIENT MEETING 08/12/21 JMO EMAIL FROM C GROFF RE DEPOSITION 0.10 35.00 08/13/21 JMO EMAILS WITH C GROFF, G BETESH; EMAILS WITH 0.40 140.00 OPPOSING COUNSEL RE SCHEDULE, DEADLINES; TEL CALL G BETESH RE CALL WITH D BOWER 08/16/21 JMO REVIEW PRETRIAL DEADLINES; EDITS TO JOINT 0.40 140.00 MOTION FOR ENLARGEMENT OF TIME; EMAILS WITH G BETESH; EMAIL M STEMPLER 08/16/21 JMO EMAIL FROM C WARE WITH DOCUMENTS; EMAIL 0.30 105.00 FROM G BETESH RE ADDITIONS TO EXHIBIT LIST; CONFER PARALEGAL HALLEY RE HASKELL DOCS 08/16/21 MSH WORK WITH IT TO DOWNLOAD ZIP FILE 0.30 69.00 ATTACHMENTS IN THE CAD ATTACHMENTS FROM MR. WARE. 08/17/21 JMO TRAVEL TO AND FROM CITY; ATTEND CLOSED DOOR 3.50 1,225.00 SESSION WITH CITY COUNCIL 08/17/21 JMO NUMEROUS EMAILS WITH M STEMPLER; REVIEW 0.60 210.00 AND REVISE JOINT MOTION RE PRETRIAL DEADLINE AND ORDER; EMAILS WITH G BETESH AND REVIEW SUBPOENA TO D BOWER; TEL CALL STEMPLER RE DEADLINES, BOWER SUBPOENA 08/17/21 TJB PREPARATION FOR AND ATTEND ATTORNEY - 4.00 1,400.00 CLIENT COMMISSION MEETING 08/18/21 JMO REVIEW STIPULATION OF SETTLEMENT SENT TO 0.20 70.00 JKM, EMAILS RE SAME Page 230 of 510 JONES FOSTER P.A. City of Boynton Beach August 31, 2021 Represent City with respect to litigation over a development Invoice No. 243755 File No. 29049.00002 Page 4 08/18/21 TJB TELEPHONE CONFERENCE WITH CITY ATTORNEY 2.00 700.00 CHEROF AND CITY MANAGER; PREPARE STIPULATION AND CIRCULATE FOR REVIEW; TELEPHONE CONFERENCE WITH JIM AND GAL; PREPARE REVISED STIPULATION AND CIRCULATE; EMAIL STIPULATION TO ATTORNEY STEMPLER 08/19/21 JMO REVIEW ORDER GRANTING OUR MOTION TO EXTEND 0.10 35.00 PRETRIAL DEADLINES 08/19/21 JMO EMAILS WITH G BETESH RE DEPOSITION DATES, 0.30 105.00 SUBPOENA FOR D BOWERS SURVEYOR DOCS; EMAIL M STEMPLER RE BOWERS SUBPOENA; REVIEW SUBPOENA 08/20/21 JMO REVIEW EMAILS CHEROF, STEMPLER, BAIRD RE 0.20 70.00 MEDIATION PROPOSALS 08/23/21 JMO INQUIRIES RE FOSTER MARINE; CONFER G BETESH 0.30 105.00 RE SUBPOENA AND REVIEW SAME; EMAIL M STEMPLER 08/24/21 JMO EMAIL STEMPLER RE DEPOSITION DATES 0.10 35.00 08/24/21 JMO TEL CALL CITY MANAGER, J CHEROF, G BETESH, T 0.70 245.00 BAIRD, 08/24/21 MSH DOWNLOAD REMAINING DOCUMENTS FROM WARE 0.20 46.00 DROP BOX. 08/24/21 TJB TELEPHONE CONFERENCE WITH JIM & GAL RE 1.00 350.00 RESPONSE FROM JKM; TELEPHONE CONFERENCE WITH CITY MANAGER, JIM, GAL & JMO 08/25/21 TJB REVIEW MINUTES OF THE COMMISSION'S APRIL 16, 1.00 350.00 2019 MEETING AS THEY PERTAIN TO THE TOWN SQUARE SITE PLAN; EXCHANGE EMAIL CORRESPONDENCE WITH CITY ATTORNEY CHEROFF (3XS) AND ATTORNEY STEMPLER & THE MEDIATOR (3XS) 08/26/21 JMO EMAILS WITH STEMPLER RE FOSTER MARINE 0.10 35.00 SUBPOENA 08/26/21 JMO TEL CALL T BAIRD RE CALL WITH MEDIATOR 0.10 35.00 08/26/21 TJB TELEPHONE CONFERENCE WITH MEDIATOR ED 0.50 175.00 POZZUOLI AND JIM CHEROF Page 231 of 510 JONES FOSTER P.A. City of Boynton Beach August 31, 2021 Represent City with respect to litigation over a development Invoice No. 243755 File No. 29049.00002 Page 5 08/27/21 TJB EXCHANGE EMAIL CORRESPONDENCE WITH 2.00 700.00 MEDIATOR & CITY ATTORNEY CHEROF; MEETING WITH CITY MANAGER, CITY ATTORNEYS, AMANDA RADIGAN & MIKE RUMPF; MEETING WITH CITY MANAGER AND CITY ATTORNEYS CHEROF & BETESCH 08/27/21 JMO EMAIL H WIGHT AND EMAIL G BETESH RE FOSTER 0.20 70.00 MARINE SUBPOENA 08/30/21 TJB PREPARATION FOR AND PARTICIPATE IN 1.00 350.00 TELEPHONE CONFERENCE WITH CITY ATTORNEY CHEROF AND MEDIATOR POZZUOLI 08/31/21 JMO TEL CALL G BETESH RE DISCOVERY 0.80 280.00 08/31/21 JMO REVIEW FOSTER MARINE SUBPOENA; JKM REQUEST 0.20 70.00 FOR COPIES 08/31/21 JMO EMAIL FROM STEMPLER RE DEPOSITION DATES; 0.30 105.00 REVIEW FLA. CASE RE APEX DOCTRINE RELATIVE TO EFFORT TO DEPOSE COMMISSIONERS 08/31/21 JMO TEL CALL T BAIRD RE CASE STATUS 0.30 105.00 08/31/21 TJB TELEPHONE CONFERENCE WITH JMO RE 0.30 105.00 DEPOSITIONS OF COMMISSIONERS & CALENDAR CALL; EXCHANGE EMAIL CORRESPONDENCE WITH CITY ATTORNEY CHEROF TOTAL HOURS 35.30 Page 232 of 510 6.H. Consent Agenda 10/5/2021 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 10/5/2021 Requested Action by Commission: Approve minutes from the September 8, 2021 and September 21, 2021 City Commission meetings. Explanation of Request: The City Commission met on September 8, 2021 and September 21, 2021 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: 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 Mi1r'1LAtEss 09... 8...2 21 Mi1r'1LAtEss 09 21 2021 Page 233 of 510 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Wednesday, September 8, 2021, at 5:30 P.M. Present: Mayor Steven B. Grant Vice Mayor Woodrow L. Hay Commissioner Justin Katz Commissioner Christina L. Romelus Commissioner Ty Penserga 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 p.m. Roll Call Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Pastor Duane Roberts, Calvary Chapel The Invocation was given by Pastor Duane Roberts of Calvary Chapel. Pledge of Allegiance to the Flag led by Vice Mayor Hay Vice Mayor Hay led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption City Attorney Jim Cherof requested that Item 2D be heard before Item 213. Mayor Grant requested that Item 12B be heard before Consent Agenda. Lori LaVerriere, City Manager requested that Affordable Housing Advisory Committee (AHAC) applicant be added to Item 5A. Motion Vice Mayor Hay moved to approve as amended. Commissioner Penserga seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Page 234 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Commissioner Katz disclosed that he did receive a number of telephone calls, he has been unable to return those telephone calls. Commissioner Romelus disclosed that she did receive a several of telephone calls, she has been unable to return those telephone calls. Commissioner Penserga disclosed that he had a conversation with Michael Wiener regarding Item 12B. Vice Mayor Hay disclosed that on August 21St he did attend the Bulldogs game. On August 26th he participated with Feeding South Florida. On August 27th, he attended the Student Art Showcase. On August 28th, he attended the MLK I Have a Dream event. He stated the attendance was not what he expected. He wished those of the Jewish faith a happy Rosh Hashanah. Mayor Grant disclosed that on August 19th, he attended Congress Middle School supply give away. He also attended Boynton Beach Veterans Task Force meeting. On August 21St, he attended the Bulldogs game. On August 24th, he spoke with John Markey and Jeff Johnson of JKM. On August 27th, he met with representatives of United Way. That evening he attended the Student Showcase. On August 28th, he attended the March on event in West Palm Beach. He also attended Boynton Beach's I Have a Dream event. He thanked all the non -profits that were at the event. On September 8th, he attended a Memorial Tree event for Jason White at the Tom Kaiser Veterans Memorial Park. He spoke with Michael Wiener regarding Item 12B. Vice Mayor Hay requested an American Flag be placed at the Hester Center. Mayor Grant stated he spoke with Mr. Tom Kaiser and he would like to buy a new flag pole for the Veterans Memorial Park and move the existing flag pole to the Hester Center. Item D. was heard out of sequence at the request of the City Attorney Cherof. Lori LaVerriere, City Manager stated that the Mara Frederiksen, Director of Financial Services will give a presentation on the budget and millage rate so that the public understands the process. This is the first of two budget public hearing meetings. Mara Frederiksen, Director of Financial Services, gave a presentation on the budget and millage rate. The second budget public hearing meeting will be on September 21, 2021. Mayor Grant noted that the water utilities are the largest revenue source for the City. He inquired if City staff has spoken with the City Lobbyist about the annexation through legislative intent for the area located between Old Boynton Road and Gateway Boulevard so the City can incorporate the 14 acres of wooded land. City Manager LaVerriere responded that staff has a meeting scheduled with Matt Forest within the next week or two. Page 235 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Ellen Jones, Art Advisory Board, inquired about the decrease in the revenue for Art in Public Places. Ms. Frederiksen responded that the last year's revenue was due to the acquisition of Town Square and the purchase of several art pieces. Mayor Grant inquired about how the City receives funding for Art in Public places. City Manager LaVerriere replied that it is 1% of the construction value of a permit over $250,000. 70% of the 1% goes to into art and 30% of the 1% goes to administration of the Public Art program. The revenue fluctuates based on the projects that are coming into the City each year. Last year the City acquired approximately a half million dollars in Public Art for Town Square. Ernest Mignoli, 710 NE 7t" Street, inquired about a tax increase on a $400,000 home and million -dollar business, instead of a $35,000 business and a $55,000 home. Ms. Frederiksen replied that for a million -dollar business the monthly tax increase would be $33.36 per month based on an average net increase of 5.2% Mayor Grant asked Mr. Magnoli if his inquiry was based homesteaded or non -homesteaded residential property. Mr. Mignoli stated he does not understand the difference. Mayor Grant stated that homesteaded residential is limited to 3% max non -homesteaded residential is restricted to a 10% max increase per year in property assessments. The four numbers in the presentation for residential properties $50,000, $150,000, $250,00 and $500,000 are examples. Mr. Mignoli asked if there are $50,000 homes in the City. Mayor Grant replied yes, the properties have been homesteaded for years. Attorney Cherof read proposed Resolution No. R21-104 into record. He noted that section two of the resolution provides a proposed millage rate for the 2021-2022 fiscal year shall be 7.8900 for the general fund. He also noted that in Section Four the proposed millage rate is 3.323 above the computed roll back rate of 7.6362% and at the second and final public hearing on the budget will be September 21, 2021 at 5:30 p.m. in Commission Chambers. ILY, 11=11 Vice Mayor Hay moved to approve proposed Resolution No. R21-104. Commissioner Penserga seconded the motion. The motion passed unanimously. 3 Page 236 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Attorney Cherof read proposed Resolution No. R21-105 into record. He noted that in Section 23 of the Resolution, it provides the second and final public hearing will be September 21, 2021 at 5:30 p.m. in Commission Chambers. Motion Vice Mayor Hay moved to approve proposed Resolution No. R21-105. Commissioner Romelus seconded the motion. The motion passed unanimously. B. Conduct a Public Hearing to adopt the Final Special Assessment Resolution for the FY 2021-2022to fund the costs of annual canal aquatic maintenance services for the Lake Eden Four Canalsand Lake Shore Haven Canal. City Attorney Cherof read proposed Resolution No. R21-118 into record. Chris Roschek, Engineering Division Manager, gave a presentation on the aquatic maintenance program. Mayor Grant stated that he met with Sean Patton, owner of Stocking Savvy, who is using native species to help with canal cleaning. Sean Patton, owner of Stocking Savvy, stated that a several different native plants and fish that can be used to restore polluted canals and the environment. However, when working with Hydrilla one of the best options is to implement Grass Carp as part of any proposal. The pro of using Grass Carp is that they eat the roots, tubers, and the leaves of Hydrilla and there are no chemicals that can target all of these areas. Using Grass Carp would have less of an impact on water quality overtime. Other native plants and fish can be used alongside the Grass Carp. Mayor Grant thanked Mr. Patton for the information and he will forward it to the engineering staff. Mayor Grant read a comment from Mr. Jim Hendricks into record. "1'm Jim Hendricks and my wife Michelle and 1 own the property at 821 SW 33d Place in Boynton Beach. 1'd like to share my first-hand experience in dealing withthe canal maintenance for the last 5 years and dispel what 1 consider to be erroneous information. Historically the canals have been treated for aquatic growth, for a long time by the city. However, treatment was abruptly stopped by the city in 2016 due to a conflict over the interpretation of how it should be paid for. For the past 5 yearsspraying has been done through private efforts on some canals organized by neighbors. The question still is not whether waterways need to be sprayed but how to organize and pay for these efforts. That has been resolved and the plan 4 Page 237 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 wasapproved by a majority vote of homeowners in January 2019. None of this constitutes, as has been alleged by one neighbor in a letter to property owners, as "government overreach". In fact, to me it is a prime example of government cooperation and response to the wishes of its citizens as directed, again, by the majority vote of the -105 property owners on the affected canals. A second allegation from that letter is that it is a "political push to destroy fish breeding grounds". 1 can speak to the "politics" by acknowledging how supportive our District Commissioner Romelus and the Assistant City Managers as well as the Utility Department have been in responding and providing a detailed and open process for everyone involved. Regarding "fish breeding grounds" it's my understanding that ongoing analyses have shown the canals to be as healthy as ever with strong fish populations throughout. Just watching the large numbers of fishermen that troll our lakes andmy own personal experience attest to the fact that our waterways are destinationfishing spots and help our economy in multiple ways. They can't do that when thecanals are clogged. A third point in his letter regards cost. My own experience with the spraying contractor has shown them to be responsive and thorough as well as price sensitive. The city will of course subject the contract to the full bidding process as required. The last point in the letter addresses inequities in who pays for this. For the waterfront properties on the main canal, it is my understanding that this is an issue for the county and Lake Worth Drainage District to resolve. For BoyntonBeach property owners, we have only the method outlined in this assessmentavailable to fix the problems. The intent has been to keep the canals safe for residents through elimination ofthe transient aquatic growth that had often completely matted the canals, made them health hazards and completely unnavigable for water enthusiasts. The associated issues of storm mitigation, property value enhancement, andcontinuity of care through a single effort are also all favorable for the propertyowners. 1 greatly hope this is approved and we can move forward with a jointly successful effort." Motion Commissioner Romelus moved to approve proposed Resolution No. R21-118. Commissioner Katz seconded the motion. The motion passed unanimously. C. Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2021-2022 Fire Assessment. City Attorney Cherof read proposed Resolution No. R21-103 into record. Gary L. Fishman, 3504 Diane Drive, stated that the City can be reimbursed for the maintenance of the canals. According to the Florida Fish and Wildlife Commission and the State of Florida we do not own the water nor the rights of the water in the canals. The State owns the water and is responsible to make them navigable waterways and passable by boaters and fisherman free of weeds and debris. Fishing and boating licenses and our taxes 5 Page 238 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 pay for the maintenance. Lake Ida and Lake Eden are treated by the County and are reimbursed by Florida Fish and Wild Life Commission and the State. Residents cannot be reimbursed. He hopes the City will investigate this. Karl Cassone, on behalf of Raymond Cralle property owner 942 SW 33rd Place, stated he spoke with Tom Reinert, Southern Regional Director for the Florida Fish and Wildlife Commission. It is Mr. Reinert's position that the canals are privately owned and that it is the responsibility of the City to maintain the canals at the cost of the residents. Mr. Cralle is concerned about the use of pesticides. Mayor Grant stated that the City did receive a majority vote from the residents to maintain the canals. Commissioner Romelus stated that this has taken over six years to complete. The City has spoken with the County and was in negotiation with the County for over two years to have the County do the work. If there is an opportunity for the City to be reimbursed it will be looked into. City Attorney Cherof commented that the City did have the County's commitment to provide the service and collection on behalf of the City from the property owners. At the last minute the County did a complete reversal and said they would not do it. Motion Commissioner Romelus moved to approve proposed Resolution No. R21-103. Commissioner Katz seconded the motion. The motion passed unanimously. D. Conduct First Public Budget Hearing for FY 2021/2022 Proposed Millage and Tentative AnnualOperating Budget. Proposed Resolution No. R21-104 - Adopt the proposed millage rate for the General Fund forFiscal Year 2021-2022. Proposed Resolution No. R21-105 - Adopt the Tentative Budget for the General Fund and allother funds for Fiscal Year 2021-2022. Item was heard earlier in the meeting. 3. Announcements, Community and Special Events and Presentations A. Proposed Resolution No. R21-106 - Recognizing September 13-17, 2021 as Florida Civics Week and encouraging all City residents to honor civic engagement by participating in educational activities and community service. M. Page 239 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Mayor Grant read proposed Resolution No. R21-106 into record. Motion Vice Mayor Hay moved to approve proposed Resolution No. R21-106. Commissioner Katz seconded the motion. The motion passed unanimously. B. Proclaim the week of September 17-23, 2021 as Constitution Week. Marjorie Ferrer of the Daughters of the American Revolution will accept the proclamation. Marjorie Ferrer, Daughters of the American Revolution accepted the proclamation. The celebration of the Constitution was started by the Daughters of the American Revolution (DAR). The celebration of the Constitution was signed into law on August 2, 1955 by President Dwight Eisenhower. For more than a century the DAR have dedicated themselves to historical preservation, promotion of education and encouragement of patriotic endeavor. The DAR is a nonpolitical organization of women with over one million daughters worldwide. Membership is granted to those whose lineage has been proven to a patriot who fought or added in the American Revolution. In July 2026 the United Sates will mark its 250th anniversary. There are six DAR Chapters in Palm Beach County. Mayor Grant inquired how does DAR help educate the public on the amendments to the constitution. Ms. Ferrer responded that DAR works with individual communities, DAR has speakers and committees that are well educated on certain topics. Commissioner Romelus asked in what ways is the DAR inclusive. How are other communities included who do not feel they are a part of DAR and make them feel patriots in the United States. Ms. Ferrer replied that they patriotic baseball cars from the DAR are black and brown women patriots. The genealogy and the history between all of the patriots is enormous. Commissioner Romelus asked for clarification on how the lineage can be traced back to the Revolution. Ms. Ferrer stated it is very hard. Birth, marriage a death certificates have to be created for everyone. For a lot of the minorities of the American Revolution it is very hard. There are people in the DAR that are focusing on getting the documents from where they were born. Commissioner Romelus inquired what would happen if a girl wanted to become DAR and her lineage was not traceable. Marilyn Mills, Genealogist Daughters of the American Revolution, replied that the DAR is 7 Page 240 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 starting to use DNA to trace lineage not just a paper trail. Commissioner Romelus stated that it is very difficult for the black and brown community to trace a paper trail back to their lineage. Ms. Mills responded that DNA does not get burnt or destroyed in fires like the paper. They are waiting approval to start using DNA to trace the lineage. Commissioner Romelus stated she looks forward seeing the results once DNA is being used. Especially when it comes to the communities that were targeted throughout history. Ms. Mills stated that records are being traced back through the churches as well. C. Proclaim the month of September as Hunger Action Month. Sari Vatske, Executive Vice President of Feeding South Florida, will accept the Proclamation. Sari Vatske, Executive Vice President of Feeding South Florida accepted the proclamation. Feeding South Florida has provided over five million pounds of food to the City. Feeding South Florida does more than just provide food, they provide education, transportation and talking about the issues that cause food insecurity. Mayor Grant inquired about their culinary school. Ms. Vatske stated that the four people have graduated from the first cohort and have been placed in jobs. The second cohort will be graduating in a couple of weeks. Vice Mayor Hay stated that he appreciates the work that South Feed South Florida has done. D. Proclaim the month of September 2021 as National Library Card Sign -Up Month. Madison Kjosa, Library Marketing & Outreach Manager, will accept the proclamation on behalf of the Boynton Beach City Library. Madison Kjosa, Library Marketing & Outreach Manager, accepted the proclamation. Marley Dias, author of 1000 Black Girl Books, is joining the American Library Association and libraries nationwide in promoting the power of a library card. Mayor Grant inquired if the Wi-Fi hot spots are still available. Ms. Kjosa replied that the Library has several Wi-Fi hot spots that residents can check out of the Library. The Library also has laptops and computers that free to use by anyone who has a library card. If you need help with your resume the Library has a representative from Career Source every Tuesday 9 to 4 offering free assistance. Page 241 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 E. Announcement by Kacy Young, Recreation & Parks Director for the 9/11 Remembrance Memorial Ceremony being held at Centennial Park Amphitheater on Saturday, September 11th, at 10:00 am. Kacy Young, Recreation & Parks Director, announced the 9/11 Remembrance Memorial Ceremony being held at Centennial Park Amphitheater on Saturday, September 11t",at 10:00 am. After the event all Veterans are invited to Mission Barbeque for lunch. Mayor Grant commented that there will also be a moment of silence event at the Tom Kaiser Veteran Memorial Park from 8:30 to 9:30 a.m. Mayor Grant inquired if a pen pal program can be created to write to the Delta Demons. City Manager LaVerriere stated that staff is working on that and some ideas for Thanksgiving and the Holidays for the soldiers who do not have the opportunity to go home for the Holidays. F. The Second Public Budget Hearing to adopt the FY 2021/22 Budget will be held during the CityCommission Meeting on Tuesday, September 21, 2021 at 5:30 p.m. in the City Commission Chambers. Mayor Grant announced that the Second Public Budget Hearing to adopt the FY 2021/22 Budget will be held during the CityCommission Meeting on Tuesday, September 21, 2021 at 5:30 p.m. in the City Commission Chambers. Mayor Grant commented that during the July budget workshop he requested equal raises for the general employees based on their department. Equal raises would create a more of team aspect for the departments because the department will be getting the same raise for a years' worth of work. He asked if the Commission would like to pursue this further. Commissioner Katz stated that the salaries are based on their skill levels and experience. If he worked for the City for twenty years and he is making $30 an hour, he should get more then the person who has worked for one year and is making $10 an hour. The percent raise is an equal raise and that the salary differences are based on variables that make people's labor worth more or less. Mayor Grant stated absolutely. He spoke with City Manager LaVerriere and requested using the Human Resources Department as an example to see what the numbers look like. He does understand that if you do have the education and have worked at your job a long time and you are at the top you feel that you should get the most raise that is an opinion. His opinion is that they are all on the same team and should get a similar raise. Vice Mayor Hay stated that he cannot support this. It is the American system; it's been that Q, Page 242 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 way since day one and it works. A person just starting with the City should not get the same amount of raise of a person who has been here for twenty years and has the credentials and the responsibilities. He understands what Mayor Grant is trying to get at. He is not sure that is the solution. The American system rewards those who are doing the betterjob with the most responsibilities and education. It is a motivation factor for that person to go and do what they need to do to move to the next level to get that higher raise. Commissioner Romelus commented that this is deviating into an ideology conversation rather than a strictly numbers conversation. She would like to hear more about what Mayor Grant is proposing. She wants to wait for the numbers to continue this conversation. Vice Mayor Hay stated that this may not be the solution but it can be explored. Commission Katz agreed that is an ideology. The ideology of whether you support it or not would be rooted in the numbers. He knows from experience that there are consequences that would lead to negative outcomes. In the school district the lowest paid teachers' salaries with the least amount of experienced increased by 15% whereas the teachers with tenure and experience only received a 1.5% raise. He knows where this going to lead and he will not support it. Mayor Grant stated that the City just did that, by raising the minimum wage to $15 an hour. City Manager LaVerriere stated that there were approximately 60 employees making less than $15 an hour. This adjustment was less the $100,000 impact on the budget. Julie Oldbury, Director of Human Resources and Risk Management, stated the lowest paid employee was $8 an hour. City Manager LaVerriere inquired if that employee was part-time or full-time. Ms. Oldbury replied that the $8 an hour was a part-time salary and the full-time salary was $13.05 an hour. Mayor Grant requested that the numbers be emailed to the Commission and if there any questions to reach out to Ms. Oldbury. 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 comingbefore the City Commission) David Katz, 67 Midwood Lane, stated that it is apparent that the Commissioner from District IV is running for Mayor in the upcoming March 2022 City election. Because of this, he will 10 Page 243 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 have to resign from his current seat to run for Mayor. If he resigns when he is legally required to, it will not leave adequate time for anyone who would like to file for the District IV seat. The four remaining members of the Commission will appoint a replacement to serve out the remainder of the term that will be more than a year. Three of the four Commissioners will be term limited in March of 2022. They should not be able to choose the replacement. The voters in District IV should choose a replacement. The way to remedy this is for the current District IV Commissioner to resign tomorrow to allow for enough time for those who are interested in seeking the District IV seat to file to run. If he does not it will be extremely obvious that a behind the scenes deal has been made on who the replacement will be. The voters of District IV deserve nothing less than an election in the March of 2022, not an appointed Commissioner. If the current District IV Commissioner chooses not to resign tomorrow it will be transparent that he is part of the deal to allow the term limited members of the Commission to usurp the rights of the voters of District IV. That should be reason enough for the voters of the City to reject his desire to be Mayor. If that happens and I will bet anyone who hears this a $1,000 that no matter what the situation their choice will be Aimee Kelley. Commissioner Katz asked if a commissioner resigns effective on election day when the law requires them too, the elected board would choose a replacement correct? City Attorney Cherof replied that if the subsequently elected board is in power at that particular time, that is correct. Commissioner Katz commented that the three term -limited members of the Commission will not be on the board at such time that an appointment would take place which will be after election day so what was stated is literally impossible. City Attorney Cherof stated that the City Commission at the time of the vacancy has to declare the vacancy. After that, they have the authority to appoint somebody to fill that vacancy for the remainder of the term. Mayor Grant inquired what happens if the vacancy is not filled. City Attorney Cherof stated that if the sitting Commission cannot agree on filling the vacancy then there would be an election. When this occurred in the past, the Supervisor of Elections would not provide an election date. Commissioner Katz inquired about what does the Charter say regarding the cutoff date; is it halfway through a term that would trigger a special election or an appointment? City Attorney Cherof remarked rather than put me on the spot because you want an exact answer and since this is just public audience I will provide a memo to the Commission outlining what the procedure is, if and when there is a vacancy. Right now, it is speculative. There has been no announcement of a resignation. Page 244 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Commissioner Katz stated he definitely would appreciate that since some grand accusations of collusion involving four members of this elected body were just lodged facelessly and belligerently. Bishop Bernard Wright, CEO of Bernard Wright ministries current candidate for Mayor, he commends Feeding South Florida, they have done a great thing through this pandemic. He thanked Vice Mayor Hay for being there on Thursdays. We also have been feeding man throughout this pandemic. Boynton Strong and Bernard Ministries now have a kitchen at the Cherry Hill Mini -market. If you will join us and support us we have been feeding at least 50 a day throughout the past year. We would appreciate any financial contribution or any volunteers that we can get. He also invited the Commission to join them at the gun violence march. He also suggested that someone from the Commission reaches out to the families who are suffering from the gun violence. Commissioner Romelus thanked Bishop Wright for helping the families who have been affected by the recent string of violence. Philip Terrano, 4789 Dolphin Drive, Lake Worth, he was a resident of Boynton Beach for many years prior to moving to Lake Worth. He has had the honor and the privilege of being a coach at the East Boynton Beach Little League fields. He also served on the board of directors for not only the district but as well as the East Boynton Beach Little League during an impeccable time of 2002 when Boynton Beach was put on the map by our youngsters in youth sports winning the World Series. For many years his ambitions and goals were always to give back to youth sports. He has since become a sports agent in professional sports for the baseball industry. East Boynton Beach Little League has had its up and downs with registration but he feels like the community right now has really come together in the last year. We have had a lot of success over the years at East Boynton Beach Little League and he feels like the community is becoming more supportive. His proposal right now is to fully fund an indoor facility out of East Boynton Beach Little League and it would entail building an indoor facility behind field two which faces Woolbright Road. Hopefully getting the City to stand behind this proposal and donate the land that is there as well as be a partner with our organization. Devin Travis happens to be a very good friend of his. Devin Travis is a former player for the Toronto Blue Jays, Detroit Tigers and is now retired. He has nothing but love for this community and is willing to come out again and give back to the youth of East Boynton Beach Little League, by helping with this project. Again, this project would be fully funded by my organization Primetime Sports Group if you have any questions he would be happy to answer them, thank you. Mayor Grant thanked Mr. Terrano for the information. He suggested that Mr. Terrano makes a presentation to the Parks and Recreation Board of a true proposal that way the Board can give the City Commission a recommendation. Mr. Terrano stated that he has met with Kacy Young, Recreation and Parks, and Franky Lazo, Parks Superintendent, on several occasions. 12 Page 245 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Commissioner Penserga stated that he is intrigued with this proposal and he does look forward to seeing something more complete. He asked that staff reaches out to Mr. Terrano so he is aware of what is needed to make that proposal. Ernest Mignoli, 710 NE 7t" Street he moved here permanently and bought property in October of 2020. There are children that live in his building it is a 28 -condo building. There residents who ignore all the fire codes and regulations of using propane grills and gasoline for their boats. He called the fire marshal to come out and they sent someone and somehow, they removed the propane He spoke with the fire marshal the next day and was informed that the propane tank is not supposed to be within 25 feet of the building. Mr. Mignoli stated that the association and their contractors were installing pilings in the Intercoastal, which you need federal, state, and county permits. The contractors showed up in unmarked trucks, unmarked workers and they jumped over our fences damaging the fences and worked all day in the intercoastal pulling and installing pilings. Since nobody says anything he makes the phone calls. It is mind-boggling and it is continuing. He does not like being in this situation. Every time he gets involved with the police or with the City he receives threatening emails from his neighbors and the board files police reports against him. Look what happened at 624 in Surfside. That should serve as one of the greatest motivations to clean up everything. Making sure residents are not doing things that are not supposed and to make sure the officials are doing what they are supposed to do. He feels that he does not get help from the police and fire departments. If there is no actual crime that is happening the police are not going to report it. It is speechless what they are doing wrong. They will not talk to me about anything. I can ask for inspection report, can I get a financial report, can I get an engineering report the answer is always no. How can they get away with it? Mayor Grant inquired if Mr. Mignoli has filed his complaints with the State of Florida. Mr. Mignoli responded he just got over cancer. He will try to get his complaints filed. Mayor Grant stated that he appreciates Mr. Mignoli coming to the meeting an putting his concerns on record. It is something that the City can keep an eye on. However, there is only so much that the City can do. Mr. Mignoli may need to report this to the county and to the state as well. Mr. Mignoli stated that he does not agree with the Mayor. 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Commissioner Penserga inquired what is the responsibility of the Affordable Housing Advisory Committee (AHAC). RJ Ramirez, Community Improvement Manager, explained that AHAC is part of the SHIP 13 Page 246 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Program. The SHIP Program is funds that are allocated from the state of Florida to counties and municipalities. AHAC use to meet when the City received $360,000 or more. With the change in legislature last year now the Committee has to meet on a regular basis. The Committee is composed of 11 members who will review incentives that come from the State Housing Finance Corporation from the state of Florida. With the purpose of providing or revising the laws and regulations that are in place within the City to be able to help the way for affordable housing in the community. The Committee will meet at least three times during the year to review these 11 incentives and prepare a report that he goes back to the state and also presented to the Commission in March. Commissioner Penserga thank Mr. Ramirez for the information and inquired about the HUD language was there any further details on any criteria for these volunteers to be a member of the AHAC besides the categories that are listed on the appointments document. Mr. Ramirez stated that members that participate on the AHAC can be from anywhere in South Florida. The do not have be a resident of Boynton Beach. They need to have experience in the category that they are representing. For instance, a person that will represent as an advocate for low income person will have to have some sort of experience working with people that are low income persons. Mayor Grant stated that there was a walk on applicant for the AHAC. Motion Commissioner Romelus nominated Sari Vatske as the advocate to low income persons to the AHAC. Commissioner Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Penserga nominated Dr. Stephanie Hayden-Adeyemo as the representative of essential services personnel to the AHAC. Commissioner Katz seconded the motion. The motion passed unanimously. Motion Commissioner Katz nominated Kevin Fischer as the citizen serving on the local planning agency to the AHAC. Commissioner Penserga seconded the motion. The motion passed unanimously. Commissioner Romelus inquired about her term on the AHAC does it expire once she is out of office. Mr. Ramirez responded since the position has to be filled by an elected official her term on the board will be terminated once she is no longer an elected official. Commissioner Romelus asked if the Committee will be meeting on a quarterly basis. 14 Page 247 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Mr. Ramirez replied that it will take at least three meetings and he is hoping that once there are at least eight members of the committee, which is the minimum required by Florida statue, is to get those meetings going as soon as possible and to have those incentives by November the latest, a report is due on December 31St. Commissioner Romelus inquired how many more vacancies need to be filled. Mr. Ramirez responded that there are six vacancies left and that two more need to be filled to meet the minimum requirement of eight members to have the first meeting. Commissioner Romelus asked what is the quorum minimum. Mr. Ramirez replied he believes six. He will check on that and let Commissioner Romelus know. ILY, 11=11 Commissioner Katz nominated Frando Patterson as a regular member to the Recreation and Parks Board. Commissioner Romelus seconded the motion. The motion passed unanimously. Item 12 B heard out of sequence Proposed Resolution No. R21-117 - Approve requested modification to Development Order related to Riverwalk Plaza Project File MSMP 16-002 and subsequent amendments thereto. Michael Weiner, on behalf of the applicant, stated that the work began as far back as 2016 for the approval of the Riverwalk residential project. The project was part of a mixed-use project owned through various entities. One of the unique features of the project was the use of the City's progressive ordinance on mixed-use parking that allowed the project to be configured without fields and fields of asphalt. The ordinance had a fail-safe method that if parking was congested an additional parking facility would be built above the retail shops. Approvals were given, documents were recorded everything went into effect. Then of course came the time for the construction of the 10 -story building that you see going up now the residential portion of the building and a construction loan was obviously necessary. In order to obtain that loan and we discussed it at previous meetings it was important to the construction lender that it takes security only in the residential property because it did not want to deal with the commercial property and its tenants. That also was approved. However, the construction lenders come back and they do not want the direct borrower that is the owner of the residential property to be liable for the construction of a parking garage which is not on their land it is on the commercial land. To make their displeasure known with this they have continued to talk to us about construction draws they have cut back on the amount they are 15 Page 248 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 looking to fund a contingent liability. That has made the swift completion of the project very difficult. The solution is to make another entity responsible for the parking garage and it can only be an entity that is not the residential project itself. If the direct borrower is liable that is what makes the bank complain. He felt that the City would be comfortable if you could release the residential owner but you would have a bigger entity, an entity that had more assets as the guarantor of building that parking garage over the commercial property if and when it was necessary. That guarantee could be made by the parent company. The parent company owns both the residential property and the commercial property it's the entity that is the top but for the bank's purposes as long as they do not have to see the residential property as the first company liable for the parking garage they are happy. They do not care who builds the parking garage they just cannot have this contingent liability under their mortgage on property that they do not own. He thinks the City will have a better guarantee than you ever had before. You are going to have a company which has more assets than the company it is replacing and which will promise to build this particular garage if and when it might be needed. Shaul Rikman, Isram Riverwalk, LLC, stated that by doing this the City is will be getting a better guarantor than current one and at the same time resolve the issue with the lender. The entity that he is proposing has 10 times the net worth of the entity that you have today. We are not walking away from anything it is a question of technicalities. Mayor Grant asked if Isram Riverwalk, LLC is the current entity on the construction loan. Mr. Rikman replied that Isram Residential, LLC is the entity on the construction loan. Commissioner Penserga asked for clarification on the bank's concern and what has changed to make it an issue. Mr. Weiner replied that getting a construction loan for tower was a difficult proposition. We found somebody who would give us a construction loan but in doing so they said to us we are construction lenders all we want to do is build a tower we want to build that residential property. If we foreclose we do not want to get subordinations from your tenants we do not want to have responsibilities. This is what lenders do each and every time they underwrite a law they cannot help it. We went through the doomsday scenarios and they checked every box and they were happy but they said we do not want to deal with your tenants. The land was separated in March and the bank was happy at that point. There are a lot of documents in the record he cannot say that they keyed in on this and maybe we should go back and wag our finger at the bank and say you knew about this. Why are you giving us a headache now? Why are you embarrassing us by having us come back here again? That getting a construction loan for tower was a difficult proposition. We found somebody who would give us a construction loan but in doing so they said to us we are construction lenders all we want to do is build a tower we want to build that residential property. If we foreclose we do not want to get subordinations from your tenants we do not want to have responsibilities. This is what lenders do each and every time they underwrite a law they cannot help it. Their doomsday that's it that's what we have to do. We went through the doomsday scenarios and they checked every box and they were happy but they said we do not want to deal with your tenants. The land was separated 16 Page 249 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 in March and the bank was happy at that point. There are a lot of documents in the record he cannot say that they keyed in on this and maybe we should go back and wag our finger at the bank and say you knew about this. Why are you giving us a headache now? Why are you embarrassing us by making us go back to the City again? They have done it by saying well look you know you are going to get construction draws but we have this contingent liability out there and we have it on some land that is not ours. We are worried about this and we are a regulated institution, bad things will happen to us if we do not do something about this. Maybe we are not going to give you a construction loan or we are going to hold back a significant portion of it just in case this happens. The whole conversation is sort of silly because it cannot happen unless the tower is built but logic does not work with bank regulators. They said no you go back and talk to the City about this. We said we are not going back to the City about this because we made a promise. Mr. Rikman said I have a company that not only owns all of Riverwalk not only owns the other company but owns other assets if that company guarantees it he knows that he is giving a good a promise if not a better promise and then the bank does not have to do anything with respect to setting things aside or looking at a contingent liability that is not on their property. Mayor Grant stated that basically the bank is withholding money that you are paying interest on, that is an incentive for the lender. In addition, they are also withholding the construction draws which you are paying interest on. There are incentives for the lender to do this and they found a way. This is why we are here now where it is a contingency that only applies until after the building is built so it does not affect anything that has to do with construction loan but they said it does and because they have the money. ILY, 11=11 Commissioner Romelus moved to approve Resolution No. R21-117. Commissioner Penserga seconded the motion. The motion passed unanimously. Commissioner Romelus inquired about the ribbon cutting. Mr. Rikman replied the middle of October the first floorwill be poured and then 12 to 18 -months to complete. B. Consider rescheduling the November 16, 2021 City Commission Meeting to Monday, November 15, 2021 due to the Commission attending the National League of Cities City Summit. Motion Commissioner Katz moved to approve. Commissioner Penserga seconded the motion. The motion passed unanimously. 6. Consent Agenda 17 Page 250 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 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. Legal Expenses - July 2021 - information at the request of the City Commission. No action required. B. Proposed Resolution No. 21-107 - Approve and authorize the Mayor to sign an Assignment, Assumption and Consent to the Ground Lease between the City of Boynton Beach and FH Quantum, LLC to allow for the assignment of the lease to 3301 Quantum Owner, LLC, a Delaware limited liability company, the new building owner. Mayor Grant pulled item Mayor Grant stated that he did not know that there was a minor site plan modification that would take away part of the pond to put in parking. He was upset because staff did not notify the Commission of the minor site plan modification. There was a lot of environmental damage done, that he was not aware of. He reviewed the language regarding the assignment and it says that we are to assign it however, there is no clause that says we have to assign it. City Attorney Cherof stated that is correct. Usually in assignment provisions it would have a clause that says that a request can be made and the approval should not be unreasonable withheld. This particular provision is more stringent than that and the City can withhold approval for any reason. Mayor Grant reiterated that he is not happy about the environment damage that was done. We can require a payment for the assignment. City Attorney Cherof commented that there is no provision in the agreement with respect to payment for assignment therefore it is an open issue. Commission Penserga stated that he does not understand the fundamentals of this request. Why is this even happening and why is this happening now? City Attorney Cherof suggested that Andrew Mack, Assistant City Manager give the background on the project. Andrew Mack, Assistant City Manager, stated that in 2019 the City received a request working through the business development board to relocate a business into the City. As part of that incentive and development process the City worked with the current owners to have their parking expanded in order to make that facility work this new business that bringing $65,000 18 Page 251 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 jobs into the City. The City decided to work with them to provide additional parking. They needed it to facilitate the center that was coming in which was NYU Langone Health. During that process staff brought back two items to the Commission one was to transfer a portion of a track which is the one the Mayor was talking about which is a small portion of the water management track that is adjacent to the parcel and that was done to help construct some on- site parking adjacent to their property. All the environmental permitting everything that was done for that was done with in accordance. They also d they did the parking on the City side as well. They expanded the storm water drainage to compensate for what they took away on the side that is next to the building that is there now. The owners reached out to me they have an interested buyer that would like to acquire their property but in order for it to keep the tenants and the property they need to assign their interest in the parking agreements that we have with the current owner. that brings us to today where the applicant or the assignee is the developer asking us to assign it to their new buyer in order to facilitate a transaction on this particular parcel. Commissioner Penserga asked who is the new buyer. Joshua Schrager, FH Quantum, stated that FH Quantum acquired the building in 2017 when it was empty. The City occupied space in the building for about what two years. Then we brought NYU in and they wanted to take the whole building. Their request was that they needed 700 parking spaces the existing parking field was 400 parking spaces. We needed a net increase of 300. Talking to the existing Assistant City Manager at the time suggested an idea to relocate some of the storm water and that was in the footprint of the vegetation that the mayor has some objections to but that was that was actually the Assistant City Manager's idea. We basically were provided with an idea we turned to Kimley Horn who we understood was the preferred engineer of the City. They said okay we can do this and we did it. There were additional vegetation requirements that were required of us to put back in into place. He is a little perplexed by the objections. Mayor Grant stated that the Commission was showed the property north of the Quantum Boulevard. Mr. Schrager commented that there were two resolutions. Mayor Grant remarked that the Commission was told one thing. He did not see that it was the two tracks of land, he was always under the impression it was just the property to the north. It was staff's idea to move this water management area and make it a little bit smaller without finding another place for that water management. Mr. Schrager stated that he does not believe that is correct. There was new water management on Miner Road that was excavated to mitigate for the loss of the storm water area which is where the parking lot was extended. Mayor Grant inquired if that was part of Lake Webster. 19 Page 252 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 City Manager LaVerriere replied yes there was one transaction that the staff first did which was the water management track that the Commission approved. The area is not an affect storm water area but a collector of trash and problems. It was not meant to be a filtration area. It was deemed that we could get better storm water by mitigating the pond along Miner Road to allow for storm water storage and to replace what was removed. Everything was done per permit, it was approved by the Commission. The second transaction was parking lot plan with McGillacuddy allowing for additional parking. City Attorney Cherof stated that the City Manager is correct. This did not come before the Commission as one unified series of events this was spaced out. The first item that the City Manager referred to was approved by the Commission in September 17th. The second item was presented to the Commission on October 15th. There were two separate presentations. Mayor Grant stated that when the property was re -mitigated there is a section where no plants or landscaping was surrounding that pottery of water. City Manager LaVerriere commented that no additional trees were planted. Mayor Grant remarked that he is requesting money from the sale to be put into the sustainability fund to help new plants around the area that was dug up. Mr. Schrager stated that we would be open to that. The owner of the building FH Quantum has a lease obligation with New York University that obligation requires us to provide 700 parking spaces. The owner of the building must be the own the lassoer of the spaces which are in the Eco Park that affords the current building owner the right to use those parking spaces during business hours Monday through Friday nine to five. What we are asking for is to transfer the building that you would assign the lease with us to the lease of the new building owner so that they can fulfill their obligations to NYU and their employees. The buyer is a company called Apex they are a real estate investor based out of Philadelphia. What is the contribution that the City is asking for? Mayor Grant replied that the number that he had in mind was $10,000. Mr. Schrager stated that he can speak on behalf of the owners and they would agree with that. Commissioner Romelus suggested that from this a policy should be developed and put in place. City Manager LaVerriere asked if the area is controlled by South Florida Water Management District. Assistant City Manager Mack responded that the City did the permitting through the South Florida Water Management District. They would have commented if any mitigation required and would have been part of the permits. 20 Page 253 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Commissioner Penserga inquired if there have been trees planted along the expanded area to block any of the light pollution. Assistant City Manager Mack stated he believes that part of the project they had to install shrubs to block light pollution. Commissioner Penserga stated that he does support the Mayor's request as well as Commissioner Romelus' request for a policy. City Manager LaVerriere asked if the money should be directed to that area only. Mayor Grant replied that majority of the money is designated for that area, he does not believe all the money would be used. Commissioner Katz commented that all the money should be spent in that area. If the dollar amount is to high then the City should not be asking for $10,000. Mayor Grant inquired if FH Quantum is fine with the money being spent within the City. Mr. Schrager responded that they are fine with anything that the City does with the money. Mayor Grant agreed with Commissioner Katz the money will be spent within that area. Motion Commissioner Romelus moved to approve as amended. Commissioner Katz seconded the motion. The motion passed unanimously. City Manager LaVerriere inquired if NYU is occupying the whole building now. Mr. Schrager responded that NYU is 75% of the building. ACG has a lease until May of 2022. Once ACG is gone they will complete the reaming quadrant and NYU will take over at that time. Commissioner Penserga inquired if the aerators have been replaced. Assistant City Manager Mack replied that they were repaired under warrantee and they are in the process of being reinstalled. C. Accept third quarter report on operations of the Schoolhouse Children's Museum and Learning Center for FY20/21. D. Approve an $18,000 increase to CK's Lockshop for specialized Medco keys, locks, and hardwareas a sole source vendor from $34,000 to $52,000. 21 Page 254 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 E. Proposed Resolution No. R21-108 -Amend the FY 2020-21 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Fleet Fund (501) forapproved FY 2020-2021 Fleet purchases. F. Approve a $19,000 increase to RDK Truck Sales for original equipment manufacturer approved service and repair on GS product vehicles and equipment as a sole source vendor from $30,000to $49,000. G. Proposed Resolution No. R21-109 - Approve and Authorize the Mayor to sign Subrecipient Agreements for the Community Development Block Grant - Corona Virus Cares Act. Allocations 1 & 3; as adopted in resolution R21- 092, for the FY 2019 CDBG Consolidated/One Year Action Plan Amendment. H. 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 September 8, 2021 - "Request for Extensions and/or Piggybacks." Proposed Resolution No. R21-110 -Approve minor changes to an agreement with The Florida International University Board of Trustees on behalf of its Metropolitan Center for the purpose of Economic Development Plan services. Approve minutes from the Special City Commission meeting on August 10, 2021 and regularCity Commission meeting on August 17, 2021. ILy, 11=11 Vice Mayor Hay moved to approve the remainder of the Consent Agenda. Commissioner Penserga seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over $100,000 A. Proposed Resolution No. R21-111 - Approve and authorize the City Manager to sign a letter of Agreement (LOA) with the Agency for Health Care Administration (ANCA) for the State Fiscal Year 21-22 Public Emergency Medical Transportation - Managed Care Option Program. B. Award task order F-16-2021 Utilities Equipment Canopies, based off Bid No. 018-2511-18/IT for Minor Construction Services, and authorize the City Manager to issue a Purchase Order to RPM Contractors, Inc. as the 22 Page 255 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 lowest responsive, responsible bidder in the not to exceed amount of $186,380.00. C. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for September 8, 2021 - "Requestfor Extensions and/or Piggybacks Over $100,000." D. Proposed Resolution No. R21-112 - Authorize the City Manager to sign an Agreement utilizing the City of Bradenton, Florida RFQ #18-07 with Nue Urban Concepts LLC. for professional services for the implementation of a Complete Streets Mobility Plan with an estimated expenditurenot to exceed $125,125. The City of Bradenton's procurement process satisfies the City's competitive bid requirements. Motion Commissioner Katz moved to approve Consent Bids and Purchase of $100,000. Commissioner Romelus seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local PlanningAgency and City Commission. 9. City Manager's Report A. Update the City Commission on the Boynton Beach American Rescue Plan Act (ABPA) Community Engagement Plan by John Durgan, Economic Development Manager. John Durgan, Economic Development Manager, gave a presentation on the update of the American Rescue Plan Act. Mayor Grant suggested reaching out the schools and having them add this to their newsletters. Vice Mayor Hay asked the Mr. Durgan to contact Pastor Dames. Mayor Grant stated that he Jessica T. White via GoToWebinar inquired how to receive the American Rescue Plane Act (ARPA) newsletter. City Manager LaVerriere suggested that Ms. White emails the ARPA page. 23 Page 256 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Mr. Durgan stated that the email address for ARPA is arr)a bbfl.us. City Manager LaVerriere commented that the City has a listing of the non -profits through Business Tax Receipts and the Marketing Department. Mayor Grant inquired if the email addresses are captured through Business Tax Receipts. Saleica Brown, Development Service Manager, stated that the Business Tax Receipt application is done electronically therefor email addresses are captured for all of the businesses in the City. Mayor Grant inquired if people can opt in or out for receiving the City newsletter. Ms. Brown replied that they cannot opt out the will automatically receive a newsletter. Mayor Grant clarified that it is an automatic opt in and the business would have to unsubscribe. Ms. Brown replied that is correct. Mayor Grant commented that Jessica T. White commented via GoToWebinar and she would like to provide sexual abuse prevention course through ARPA Programing. Mr. Durgan stated that Economic Development will be tracking the request and suggestions that will be provided to the Commission at a later date. B. Update on Election Polling Places for the March 2022 election. Crystal Gibson, City Clerk, gave an update on Election Polling Places for the March 2022 election. The Commission requested that staff look into moving polling locations that are currently in schools to other locations throughout the City. There are seven schools that are assigned in the City that make up nearly 30 percent of the City's total registered voters. Per the Florida statute schools, libraries, municipal parks and facilities they do not have the option to decline to let the City use their facilities. However, if the City was trying to move those precincts to other locations like a privately -owned facilities, churches, or neighborhood clubhouse they have the ability to opt out and often do. There are concerns that these places may not allow the use of their facilities if they are assigned to have more precincts than they are used to having. The schools are accustomed to being polling locations used by the supervisor of Elections for all the County elections and have procedures already in place for separation and safety of voters and students. They are not mingled at all she thinks a concern was about Covid. The Supervisor of Elections Office's (SOE) office is prepared to be at the Commission meeting on October 5t" to talk about that in more detail if the commission would like. Given that there will be an increase in the amount of the election if we were to move those polling locations to an estimate of about $25,000. Historically moving locations in 24 Page 257 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 consolidating precincts may have a decrease in voter participation among those that are affected. Staff does not recommend changing the polling locations from those that are already assigned by the County Supervisor of Elections. Commissioner Katz, commented that he knows that the School District does not have any objections to their facilities being used. He feels that there will be a grant chance of confusion with people going to the wrong locations. He is comfortable leaving the precincts as they are. Mayor Grant stated that there are some schools that have a very high percentage of voters. He noted that St. John Baptist Church has only six voters. City Clerk Gibson stated that St. John Baptist Church has multiple precincts; one of the precincts has over 2,300 voters. Mayor Grant asked if Boynton Beach High School was still a polling location. City Clerk Gibson responded yes, precincts 3172 and 3176. Mayor Grant stated he would still like to move the polling locations with smaller number of voters. Commissioner Penserga inquired what was the purpose of doing this. Mayor Grant replied it is the same purpose as before. So that the City is not interrupting the school day. Vice Mayor Hay inquired if the Mayor has received complaints from the schools. Mayor Grant responded that he is not going to say that they complained, he heard that it was not the best day for the school. Commission Penserga stated that he would like something directly from the schools. If the City was receiving complaints from the School Administration that would place greater weight on his decision. For now, he cannot support this, he does not want to reduce voter participation. Mayor Grant stated that he does not put voter turnout at a high level. The fact that more people are using mail in ballots, the argument that it is going to deter voter turnout does not have much weight. This is only for the City election; originally the City was relying on the SOE voter registration cards there is no additional cost. City Clerk Gibson stated that just the postage for the voter registration cards would be over $16,000. Mayor Grant inquired if the $16,000 was just for this election and that the City would have to 25 Page 258 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 pay it again for the next election. City Clerk Gibson stated that is correct. The SOE is going to continue using the school polling locations, even if the City does not. There would be a cost every City election to keep this change. Commissioner Romelus commented she wished they knew that before going down this path. She did not realize that the voting locations would only change for the City election and that all county voting location will remain the same. Commissioner Katz noted that the municipal elections cycle in a nonpresidential primary year is the only election day that the schools do not shut down for students. The August Primary and the November General election students do not go to school on those days to limit the amount of traffic. Commissioner Romelus commented that what Commissioner Katz just noted helps her let this go. Vice Mayor Hay asked should we get input from the SOE on this issue. Mayor Grant stated he is going end this conversation because there is a majority not to make any changes. Vice Mayor Hay stated he would like the historical data. Mayor Grant asked that City Clerk Gibson provide the historical data for the 2020 General election on how many people voted in person versus mail in ballot. City Clerk Gibson stated that in the 2020 election 1,700 people voted early, and 15,000 mail in ballots. Mayor Grant clarified that he was asking for the General election numbers. Commissioner Romelus suggested that the City Clerk email the information to the Commission, she feels there is no reason to have this discussion on the agenda again. C. Development Department staff will provide a brief update to the City Commission on communityoutreach initiatives for Building Division services. Saleica Brown, Development Service Manager, gave a brief update on community outreach initiatives for the Building Division Services. Mayor Grant thank Ms. Brown for all of her hard work. He inquired how is the home-based business being handled since the legislative change. 26 Page 259 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Ms. Brown replied that the home-based business affidavit has already been updated to be business friendly. She did a comparison to the Village of Wellington they are also allowing the additional person. The home-based business is two people in a house and one person that does not reside at the home. Adam Temple, Development Director, stated that the Development Department will have a series of land development regulation updates that will be presented to the Commission in the future. One of them being home-based business we are targeting the end of this year when we have the sign code. City Manager LaVerriere stated that the legislative changes have affected the department, staff will be providing a list of those changes to the Commission. Mayor Grant inquired when will the ordinance be signed. Mr. Temple stated that the ordinance has been added to the next agenda as a future agenda item we are targeting for a November date. Commissioner Penserga inquired if the new system tracks how long the application is in the system. Mr. Temple replied that phase one was launched at the end of May and phase two will be launched the end of September. Part of phase two has an advanced metrics and reporting structure that we will have access to and next month he will be reporting the metrics to the Commission. D. Authorize the use of ARPA funds (up to $60,000) to partner with Pathways to Prosperity and theCenter for Health Promotions, LLC to hold a vaccination event at the Ezell Hester Center on Saturday, September 18, 2021 in conjunction with the Boynton Beach Bulldogs Football event. City Manager LaVerriere stated that she had received a telephone call from Kemberly Bush with Pathways to Prosperity (P2P) to discuss partnering vaccination events. P2P has a partnership with the Center for Health Promotions which is an initiative to educate the black communities and have them feeling safe on receiving the vaccination. She has metwith police, fire, recreation and parks, Dr. Reynolds and Ms. Bush and they are discussing having the event on Saturday September 18th, in the Hester gym which will provide space for everyone. The event would entail utilizing ARPA funding to provide $100 gift cards to those that get vaccinated. The second vaccine event would be on October 15th. P2P will be providing staffing to assist with the registration. If this approved tonight we have post cards regarding the event and will be distributed throughout the community. Kemberly Bush, Pathways to Prosperity (P2P), stated that Dr. Reynolds and his team have 27 Page 260 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 been very successful in Miami. This is an opportunity for the whole Community. She believes that the $100 gift cards will encourage those who are on the fence about being vaccinated to be vaccinated. Incentives for the vaccine are happening all over the Country to produce larger turn out. She is very excited for the event. Mayor Grant stated that he does not want people getting extra dosages of the vaccine to get the gift card. He inquired how will the City keep this from happening. Ms. Bush replied that they asked the same question and were informed that there is a tracking system of those who have already been vaccinated. Mayor Grant inquired if tracking was done by social security number. Mr. Durgan replied that the Fire Department tracks the information by date of birth, first and last name. Social Security number is never asked for. Mayor Grant asked why is this not being done throughout the City. City Manager LaVerriere responded that this the first incentive vaccination event. Ms. Bush stated that Dr. Reynolds is will be available as many times as the City wants him to be. Mayor Grant commented that there should be an event in all Districts in central locations. Vice Mayor Hay remarked that he is excited about the event and that the City has to do what it has to get people vaccinated. Commissioner Penserga commented that this is an excellent idea. The idea of having an African American doctor be the face of the campaign, the Community will be able relate better. Motion Commissioner Romelus moved to approve the use of ARPA funds (up to $60,000) to partner with Pathways to Prosperity and theCenter for Health Promotions, LLC to hold a vaccination event. Commissioner Penserga seconded the motion. The motion passed unanimously. 10. Unfinished Business — None A. Proposed Resolution No. R21-113 - Approve and authorize the Mayor to sign an Interlocal Agreement with the CRA for use of ARPA funds (up to $500,000) for participation in a public auction of 35 Cherry Hill lots owned by the Palm Beach County Housing Authority. 28 Page 261 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Motion Commissioner Katz moved approve Resolution No. R21-113. Commissioner Romelus seconded the motion. The motion passed unanimously. B. Proposed Resolution No. R21-114 - Approve and authorize a second addendum to the Franchise Agreement with FLSC, LLC., for a textile recycling program and designate an allocation and use of funds policy for this contract. Mayor Grant suggested tabling the item because the vendor was not present to answer any questions. He also inquired about the termination date of the agreement. Ms. Frederiksen, stated that the agreement expired in the beginning of August and FLSC has been on a month to month agreement since then. ILY, 11=11 Commissioner Katz moved to table Proposed Resolution No. R21-114. Commissioner Romelus seconded the motion. The motion passed unanimously. 11. New Business A. Proposed Resolution No. R21-115 - Review, Select, Award and Authorize the City Manager to sign an agreement, subject to City Attorney approval, with the awarded University for the purpose of updating the geographic boundaries of City Commission Voting Districts in the City of Boynton Beach. Motion Commissioner Romello's moved to approve Florida Atlantic University (FAU) as the authorized awardee. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Grant inquired if the redistricting will affect the March 2022 municipal election. City Attorney Cherof replied he believes the answer is no he will confirm that. Mayor Grant stated that is based on the qualifying period not when the City is redistricted. Vice Mayor Hay requested the district boundaries be more of straight line rather than zigzagged. City Manager LaVerriere commented that there will be options. FAU will be meeting the Commission to discuss options. 29 Page 262 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 B. Proposed Resolution No. R21-116 - Approve the consolidation of the Planning and Zoning applications and incorporating a Developer's Agreement requirement. City Attorney Cherof noted that the agreement provides two options to the one is to establish the development agreement criteria as a policy and there is a resolution that would do that in the backup to expedite that part of it. It also provides the option of the Commission establishing that criteria by ordinance. Not to say you could not do both, you could move forward with adopting a policy tonight and you could later return to etch it in stone by ordinance. Adam Temple, Development Director, stated that the planning staff is has consolidated their 20 plus applications into three applications major minor and relief applications. Under the major application there is a paragraph indicating the developer's agreement option. Mayor Grant clarified that the major applications would come before the Commission whereas the minor application and relief application would not. Mr. Temple stated that staff simplified all of the applications for the benefit of the customer. Commissioner Penserga stated that he is happy to see that the applications have consolidated to only three applications. He would like to discuss part two of the City Attorney's memo. There are great things that the Commission could talk about. One of the ideas he would like to discuss is that the City hires outside counsel who specializes in complex and unique real estate transactions. Another good practice that we should probably have is when we make development agreements we should talk about what conditions can terminate our options to repurchase we want to make sure those conditions are stringent and reasonable. City Attorney Cherof agreed there are two parts being decided. Section two of the resolution part one is that the City commission accepts staff's recommendation regarding consolidation of the planning and zoning applications and establish minimum requirements for development agreements. He suggested that a period be place after applications and delete establish minimum requirements for development agreements. Then conclude the next sentence the basic provisions to be included in the development agreement are set forth in my memorandum copy which is attached to this resolution which shall be returned to the commission in the form of an ordinance for discussion and adoption. We are moving part of it forward tonight which is the staff's recommendation regarding the consolidation of the application forms and then return and go into the details that the Commissioner has discussed in the form of an ordinance. Which gives you two opportunities to discuss that. Mayor Grant stated that he would like a presentation on the new application and what has changed. Motion 30 Page 263 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 Commissioner Katz moved to approve Resolution No. R21-116. Commissioner Romelus seconded the motion. The motion passed unanimously. 12. Legal A. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting 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 Attorney Cherof requested pursuant to statute for a closed -door session on the Ronald Ryan, Plaintiff versus City of Boynton Beach, Palm Beach County Circuit Court, he would need about 45 minutes. A closed -door session will be held at 4:30 p.m. prior to the City Commission meeting on September 21. B. Proposed Resolution No. R21-117 - Approve requested modification to Development Order related to Riverwalk Plaza Project File MSMP 16-002 and subsequent amendments thereto. Item was pulled and heard earlier. 13. Future Agenda Items A. Staff will prepare options for the Commission's consideration for handling Letter's of Intent on City owned properties - September 21, 2021 B. Staff report to the City Commission on use of ARPA funds for premium pay. - September 21, 2021. C. Discuss holding a Commission workshop in November 2021 to update the City Commission on public input and identified needs, and establish priorities for use of the ARPA funds. - September21, 2021 D. PBC Supervisor of Elections Wendy Link to provide information on polling place safety precautions due to COVI D-19 and the ballot format for the March 2022 election. - October 5, 2021 E. The PBC School District and the Education Foundation of PBC will provide an update to the City Commission on the Digital Inclusion Program - October 5, 2021. 31 Page 264 of 510 Meeting Minutes City Commission Boynton Beach, FL September 8, 2021 F. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - October, 2021 G. Discussion regarding adjusting traffic signal timing for pedestrians during off- peak hours. — TBD H. Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question inAugust 2022 — TBD Discuss letter of intent from Alan Sperling, LLC to purchase Leisureville parcel - TBD 14. Adjournment There being no further business, Mayor Grant adjourned the meeting at 9:58 p.m. ATTEST: Crystal Gibson, MMC, City Clerk Tammy Stanzione, Deputy City Clerk 32 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga Page 265 of 510 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, September 21, 2021, at 4:30 P.M. Present: Mayor Steven B. Grant Lori LaVerriere, Vice Mayor Woodrow L. Hay James Cherof, Commissioner Justin Katz Commissioner Christina L. Romelus Commissioner Ty Penserga Openings A. Call to Order — Mayor Steven B. Grant Mayor Grant called the meeting to order at 4:30 p.m. B. Roll Call City Clerk Gibson called the roll. A quorum was present. City Manager City Attorney Crystal Gibson, City Clerk Closed -door session on Tuesday, September 21, 2021, beginning at 4:30 p.m., for a private attorney-client session 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-XXX-MB Jim Cherof, City Attorney, 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. Upon return, the regular City Commission meeting shall begin. The meeting recessed at 4:32 p.m. Mayor Grant reconvened the meeting at 5:30 p.m. Invocation by Pastor Randy Patterson, Seacrest Presbyterian Church The Invocation was given by Pastor Randy Patterson of Seacrest Presbyterian Church. Pledge of Allegiance to the Flag led by Commissioner Katz. Page 266 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant received an addition from Commissioner Penserga, which will be listed under Agenda Item 5C. Since the National League of Cities Conference in Salt Lake City was cancelled and is now a virtual conference, there will be discussion with the City Manager to reschedule the November 15, 2021 City Commission meeting back to Tuesday as Agenda Item 9B. 2. Adoption Motion Motion duly made and seconded to approve the agenda as amended. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Vice Mayor Hay disclosed that he had an opportunity to work with Feeding South Florida on September 9, 2021. The 9-11 celebration was held at the Towne Square Amphitheater. Thursday, September 16, 2021, was Yom Kippur, and his wife's birthday. He had the pleasure of teaching a class called "The Day of Atonement", and yesterday was his birthday. Commissioner Romelus suggested everyone check out an informational documentary called "Treading Point" on Netflix. Mayor Grant disclosed that he attended the Literacy Coalition of Boynton Beach; kick-off week is October 28, 2021. After speaking with Mr. Longwood, it was determined there is more of a need for Affordable Housing in Boynton Beach. He also met with the American Academy and provided a tour of the City. It was the 20th Anniversary Remembrance of 9- 11 and he received a request from Human Rights Media to talk about his speech on 9-11 where he went into the history of Afghanistan as well. On September 12, 2021, he went to Kendall for Mexican Independence Day, and on September 15, 2021, the Downtown Business Coalition had a meeting at the Mayor's Office at which time different upcoming events were discussed. He encouraged small business owners to get involved and if they can contact David Scott for more information. September 16, 2021 was Yom Kippur. Today he was at the Palm Beach State College Campus to welcome the new Co -Host, Van Williams. He would like to partner with them for other platforms if there is space, so they can get more programs from Palm Beach State College in Boynton Beach. B. Conduct Second Public Budget Hearing for FY 2021/2022 Final Millage and Page 267 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Tentative Annual Operating Budget. Mayor Grant opened Public Comments to see if there were any questions. James Cherof, City Attorney, read the following Proposed Resolutions: Proposed Resolution No. R21-119 — Adopt the FINAL millage rate for the General Fund for Fiscal Year 2021-2022. Proposed Resolution No. R21-120 —Adopt the FINAL Budget for the General Fund and all other funds for Fiscal Year 2021-2022. Gary Fishman, 3504 Diane Drive, Boynton Beach, Florida, commented on the canal and culvert issue and thought the culvert issue should be part of the Budget at some point between the streets of Diane Drive and Southlake Drive in Boynton Beach. It appears that the City and County could assist the State and Florida, Fish, and Wildlife to take the required responsibility. He noted that this could be paid by the State, but they need help. Previously, there was reference to the fact that the County was somehow involved in trying to get this resolved, but when he spoke to the County, they did not know anything about this. He would like to get the names Commissioner Romelus referred to the City Attorney, who stated there were communications with the County. They want to find a way to work with the County because they are a part of the system to drain Lake Ida. City Attorney Cherof indicated that the canal is a separate Budget item. They listened to Mr. Fishman's comments at the last meeting and have begun the process of reaching out to both the State and County to see if funds are available. If available, they could be used as a substitute or reimbursement for any assessments collected. City Manager LaVerriere commented that she told Mr. Fishman that the City Attorney worked with the County Attorney's Office to setup a special assessment. She stated she would email him a list of names. City Attorney Cherof mentioned if anyone would like documents at the end of the year, Public Record Requests are available through the City Clerk's Office and through the website. Bernard Wright, current candidate for Mayor, 713 NW 2nd Street, Boynton Beach, questioned if there was any money in the Budget for speed bumps in various areas of District 2, especially on NW 4t" Street and NW 2nd Street. He stated there are no sidewalks on NW 4t" Street near the school and he would appreciate if this could be placed on the Budget, so it could be done as soon as possible. Mayor Grant questioned if there was money in the Budget for traffic calming measures. City Manager LaVerriere replied yes, but she did not know the number. With the new 3 Page 268 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Drive Safe Program, she guessed it was around $40,000 or $50,000 for the calming tool. She questioned if those areas have been reported. Mr. Wright advised that he reported the areas in the past, but not recently. He also mentioned marketing and commented that some type of electronic system is needed to inform people of things, not just in District 2. His platform is talking about change for people and bringing in the community. He suggested putting that in the Budget. Mayor Grant thought that was an aspect the marketing budget needs to build social media influences. The City has their own influencers in Boynton Beach and this is the 21St Century marketing because not everyone reads the newspaper anymore. Regarding Mr. Wright's question, he would be happy to give to businesses who are licensed in the City. They want to make sure the City's message is being promoted and this is not limited to District 2 events, they need to make sure they are reaching out to all Boynton influencers to get everyone to their events. Mr. Andres,106 NE 7t" Avenue, Boynton Beach, commented that Mr. Wright mentioned everything they were looking for. They are an entity of Boynton Beach and are always passing out literature; their company would like to be compensated by the City. They are going to be on Beachwalk on September 25, 2021. Mayor Grant questioned what Mr. Andres was trying to start up. Mr. Andres stated they are trying to start a Jazz Peace Festival where people bring chairs out between 6:00 p.m. to 10:00 p.m. City Manager LaVerriere thanked Mr. Andres and noted they have had a lot of one-on- one talks. She appreciated his work and diligence in advocating for the community. Vice Mayor Hay told the gentlemen to keep up their good work. He was glad to see the community, City Boynton Strong, and other organizations working together. He extended a challenge for them to call him more often because sometimes he gets misdirection on what is going to happen and when he shows up there is nothing there. Ernest Mignoli, 710 NE 7t" Street, Boynton Beach, commented that after listening to a few meetings, a lot of people are talking about crime and a City that seems to have safety services in certain areas but not in other areas. He questioned where there was something in the Budget for the public, the 80,000 people who live here, to be part of some type of City Oversight Board, so they could come together and discuss what is being done and conditions within the City. He expressed concern that there was not enough Budget because when trying to reach Fire, Police, or the City; there is email and no one responds. He thinks something should be funded in the Budget to the public could have some revenue and work with the City in a way to express their concerns and reports things the see. He suggested the Mayor and Commissioners get together and allow a Citizen Board or Committee, so the public has a change to look at the data and get some 4 Page 269 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 help. He has done a lot of research and it has cost him a fortune; he did not think he should be putting out money and would rather give it to charitable things, but he was trying to help Boynton. He hoped he could be made aware there is an interest and that there could be some money in the Budget to fund a Citizen Board or Committee. Commissioner Katz stated there are about a dozen resident advisory boards and there are public elections every two to three years where any resident can decide to avail themselves in public office and sit on the dais, which is a Citizen Committee. There are many opportunities, and he tells anyone who wants to get involved to consider the advisory boards, but he has not heard anyone interested in getting involved. In addition, he believed they were starting up the Citizen Patrol Academy this winter. They are taking several Police Interceptors off the street, and he questioned if the Citizen Patrol vehicles were upgraded as well. Assistant City Manager Mack stated those are pre -funded, so a few are scheduled to be replaced. He believed pre -funding was for light vehicles, but they are getting away from big cars and looking at the possibility of electric vehicles as well. Richard Petty, 217 North Seacrest Boulevard, Boynton Beach, mentioned funding and questioned if there was a line item for digital inclusion. Young people have limited access to the intereet and mobile devices, and he wanted to know if there is or could be a line item in the Budget for inclusion. Mayor Grant indicated this was something he would like the City to help support. He believed there was conversation regarding that in their future agenda item on October 5, 2021, at which time the Palm Beach County School District and Education Foundation for Palm Beach County will update the City Commission on their digital inclusion program. As for seniors, there will be a discussion tonight regarding a Franchise Agreement with FLSC, whereas they are hoping to provide the City with funds for non-profit. Recently, the City has given $1,800 to Roots and Wings, so there may be a request to the City for certain one-time events of the funds. He knows there are American Rescue Plan Funds, and it is possible they could do that or there may be another funding road with FLSC. If they are looking for funding, he noted the Commission would need to know the plan and how it would be spent. He encouraged Mr. Petty to attend the October 5, 2021 meeting. Mayor Grant questioned if the Commission wanted to hear the presentation one more time and if there was no further discussion he asked for a motion. Motion Motion duly made and seconded to adopt Resolution R21-119 and that the millage rate would be 7.8900 for Fiscal Year 2021/2022. The motion passed unanimously. Motion duly made and seconded to adopt Resolution R21-120, which is the General Budget for the General Fund for Fiscal Year 2021/2022. The motion passed unanimously. Page 270 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Commissioner Katz mentioned ARPA Funds and questioned if that was in an ARPA Fund category, so the current Commission could decide to spend within the next six months. City Manager LaVerriere stated it would be kept separate. There will be a Workshop on November 9, 2021, to discuss upcoming projects. Mayor Grant was aware of certain projects in this agenda as well. He stated that many Cities, Counties, and States have done raffles and he was glad to see they were able to give out $15,000 in gift cards to people who still have not gotten their vaccines. They want to make sure the perception is that the vaccine is more beneficial than harmful. A Commissioner Penserga requested staff see how well other Cities are doing and how it is turning out. City Manager LaVerriere thought it was a little early for statistics following up after the initial initiatives. There is a $500 raffle for people to get their second round of shots. About 148 gift cards were given out, but the numbers are showing a little more for the vaccine. They are going to reconcile with Community Health. Commissioner Romelus would prefer something that would venture on the idea that there would be five $1,000 gift cards given out; she was not comfortable with one $10,000 card. Mayor Grant said $100,000; there are approximately 80,000 residents. Commissioner Romelus stated she would rather use $100,000 for building Affordable Housing or something else; she would not be okay giving $100,000 because they want people to get vaccinated. She was alright with doing small increments, perhaps $500 or $1,000, which would accomplish the same thing, that is to create positive funds so people would encourage others. Mayor Grant understood and stated it was not just for people who have not got their vaccines, it is for people who have gotten their vaccines. City Manager LaVerriere commented that ideas of that data for the Workshop are needed as to what other Cities are doing, so there can be discussion about prioritizing where the Commission wants to head with some of the projects. She indicated that the conversation on Saturday was interesting in talking with different individuals as to why they came in and what $100 means to them. Vice Mayor Hay agreed with everything said, but he acknowledged Eleanor, who was there from early morning through the whole day on Saturday with staff. City Manager LaVerriere commented that she would like to give kudos to people not just by name and not just to Eleanor and her staff, which would include Dora and Chelsea, Page 271 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 the Finance Director and Deputy Director were not letting those gift cards get in anyone else's hands and they were there ten hours on Saturday to make sure the gift cards were distributed. There was quite a bit of staff, Recreation, Police, and others. 3. Announcements, Community and Special Events and Presentations A. Announcement by Laura Lansburgh, Assistant Director of Marketing & Events, of the winner of the Guess the Census promotion. Laura Lansburgh, Assistant Director of Marketing & Events, announced the winner of the City's Guess the Consensus promotion. To increase awareness and response rates in the 2020 Census last fall, the City created a Guess Census promotion. Community members were invited to submit a guess as to what the City of Boynton Beaches population would be as determined by the 2020 Census; 125 entries were submitted. As of September 15, 2021, the new City of Boynton Beach population is 80,308. The winning guess was 80,342, just 38 away from the actual population. Mr. McClain Thompson was present to accept his prizes. Congratulations were offered. McClain Thompson expressed thanks to everyone. Ms. Lansburgh commented that Mayor Grant was also close, guessing 80,307. Ms. Lansburgh announced a monthly Concert Series, which will be held in Centennial Park and Amphitheater on the first Friday at 5:00 p.m. The first series is scheduled for Friday, October 1, 2021, at 5:00 p.m. and Audio Tramp, a four -piece classic rock band based in South Florida will perform. Local food and beverage food and truck trucks will be available for patrons. The event is free of charge and will end at 8:00 p.m. Public parking is available on the street and parking lots. Everyone is encouraged to bring chairs and blankets. Commissioner Romelus questioned if food trucks would be there and if the different food truck vendors are being publicized. Ms. Lansburgh stated food trucks would be there; so far two have been booked and there may be more. Food truck vendors are being publicized and they will change each Concert Series. B. Proclaim the month of September as Deaf Awareness Month. Proclamation will be accepted by Lance Fischer, President of South Florida Deaf Senior Citizens, Inc. Mayor Grant read the Proclamation into the record. Stephanie Soplop, ADA Coordinator, thanked everyone. Janice Pickron, ITS Department, thanked the Mayor and Commission and stated that the ITS team has made her feel quite welcome and equal. Tools needed are provided F Page 272 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 as well as interpreters, assisted technology devices, different apps, and everything available to break down barriers she faces every day. She also thanked Debbie Major and Beth Wagmeister, who came together to make this happen for her. Myrna Aiello, Vice President of South Florida Deaf Senior Citizens (SFDSC) accepted the Proclamation. She was impressed at how many people and friends were present. She is also involved with the Support Team. She thanked everyone for this Proclamation and for the continuous commitment for the deaf community in Florida. She shared a little history about their new Foundation. They have several goals and want to work together and collaborate as a team, working with local County and State Governments to utilize services and to improve the quality of life for the deaf senior citizens. She mentioned another body they sit at, which is the CRA, where they also need to be inclusive. She noted that interpretation services were recently added in their Budget. Mayor Grant thanked Ms. Wagmeister for introducing him. It is always exciting to see them on social media because this is when they have an opportunity to be more a part of the community. He was glad they were moving in the right direction for the inclusiveness because they want to make sure everyone is involved in their government because government is involved with everyone. C. Proclaim September 21St as World Alzheimer's Day. Proclamation will be accepted by Keith Gibson, Director of Programs for Alzheimer's Association Southeast Florida Chapter. Mayor Grant read the Proclamation into the record. Keith Gibson accepted the Proclamation and thanked the City of Boynton Beach. Lori LaVerriere, City Manager, announced a theme for Walk to End Alzheimer's, which will be in October. An email was sent to the Mayor and Commission about that event. D. Proclaim September 15 — October 15, 2021 as Hispanic Heritage Month. Patricia Trejo, Administrative Planner for Hispanic/Latino Studies, Palm Beach Schools, will accept the proclamation. Mayor Grant read the Proclamation into the record. It was noted that Ms. Trejo was unable to attend. E. Announce the City of Boynton Beach's upcoming tree planting events on September 25 & 26, 2021 in partnership with Community Greening. Rebecca Harvey, Sustainability Coordinator, indicated that the City has contracted with Community Greening, a local urban forestry non-profit, to coordinate tree planting events Page 273 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 in parks and public lands throughout the City. The City's goal was adopted by the Commission in September 2020 to increase tree canopies across the City and to realize the many benefits trees provide for the community including shade, energy savings, urban heat reduction, walkable neighborhoods, increased property values, and the reduction of air pollution and harmful global warming pollution. She announced two upcoming tree planting events the City and community are hosting this weekend. On Saturday, September 25, 2021, from 9:00 a.m. to 11:30 a.m., they will be planting trees at Derickson Park and Heritage Park. Volunteers will meet at 9:00 a.m. at Derickson Park on NW 9t" Court. On Sunday, September 26, 2021, from 9:00 a.m. to 11:30 a.m. they will be planting along the SE 4t" Street median and volunteers will meet at Pence Park, 600 SE 4t" Street. She acknowledged the Boynton Beach CRA and mentioned the cost of trees and materials for planting within the CRA area. Residents can find details to register and volunteer on the City's Event Calendar at Boynton.Beach.org. Waneya Bryant, Director of Public Works, was introduced. It was noted that he worked for the City in 2014, left for a while, and has returned. Ms. Bryant was happy to be back. Mayor Grant stated he was going to request a tour because he would like to see Ms. Bryant's perspective of what it was in 2014 to where they are now. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair,this three-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Ralph Louis, with the HATT Foundation, 310 East Ocean Boulevard, Boynton Beach, announced their Turkey give -way on November 20, 2021, and asked if they could host their event at the City's amphitheater. In 2019, prior to the pandemic, they were able to feed over 10,000 families. Commissioner Penserga questioned Mr. Louis' background and why this is his passion. Mr. Louis stated he was raised by a single mother who struggled, so he became very passionate about this. He did not have an easy upbringing and understands those children, so whenever it comes to community projects that either help feeding or having role models, he tries to take part. If a few people can be role models, especially in the minority, he wants to be one to show the children there is hope and some type of life they can look forward to and that they do not have to follow bad things to be cool. Vice Mayor Hay thanked Mr. Louis for everything he is doing. He wants to be more involved and told him to contact the City. He would like to meet and talk one on one. p Page 274 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Mayor Grant commented that he would put the amphitheater on his calendar for November 20, 2021. The issue is that they do not want to give the amphitheater for free because everyone will want it for free. In the past, they have matched certain funds, and maybe that is something they can plan for in the future. Ernest Mignoli, 710 NE 7t" Street, Boynton Beach, mentioned that the past few meetings were recorded and were relative to after the June 24, 2021 collapse in Surfside and with everything going on, he was told by this dais there was nothing this municipality could do. He received a call from the Press, and they told him to contact Boca Raton because they created a building inspection ordinance, which is very lengthy. He sent the request to the Mayor and Commission, and no one responded, not even the City Attorney. The ordinance is strict and was enacted immediately. No matter what he reports about his building, he is told there is nothing they can do. He is trying to file complaints against the City Attorney, the Mayor and Commission, forgoing on the record saying there is nothing a municipality can do to help people after June 24, 2021, when they are all petrified. Mayor Grant indicated there are a lot of statements regarding buildings and children. Boca Raton, out of the other 400 municipalities in Florida, enacted their own ordinance. He questioned how many of the other 400 municipalities enacted ordinances. The aspect is that their Building Department is working with the County, the League of Cities, and other municipalities. Boca Raton took it upon themselves to create very restrictive language regarding their buildings. There is one community on the ocean, St. Andrews Club, and multi -family east of Federal Highway in flood zones; however, they are not in the same position as Boca Raton, South Palm Beach, Delray Beach, and Highland Beaches, so they are doing what they can. According to Mr. Mignoli, his building is four stories, collapsing, and sinking into the ground, and there is a Board of Directors he has not filed suit against for doing their jobs. There is a limit of what can be done according to the Judicial proffer. If Mr. Mignoli felt the Board of Directions was not doing their job, he has the option to go against them. As a City, they cannot go against the Board of Directors. He believed their Building Department has gone out to the complex multiple times and according to their law, he believes he was correct. He questioned if there was anything more they could do regarding that project. It was not believed there was anything more the Building Department could do at this point. Palm Beach County has a long history of trying to do things in a systematic way and the Building Officials here have that as well. The County is trying to do this in an organized way instead of each municipality having different codes. Having a unified system helps everyone stay on the same page. City Manager LaVerriere commented that the directive is complete, and they will be learning more tomorrow at the League of Cities. It is on a future agenda as a CDD because they are waiting to hear where they are going with it and then it will be brought forward to the Commission. 10 Page 275 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Mayor Grant stated ever since they heard about the crash on June 24, 2021, they have been working to make sure City structures are safe. He mentioned Condo Associations and questioned if they have the authority to make repairs to buildings. He also questioned if they could tell an Association their structure is unsafe and uninhabitable. City Attorney Cherof replied that they do not. The Building Official has those powers under Florida Law; however, those are not derived from the City Charter or Code, they are independent. The City Commission and City Manager do not direct or limit the Building Official for fulfilling statutory responsibilities. Currently, their Building Official says the building is habitable. Mayor Grant indicated that until there is other information, that is where they are at. They are looking to make changes, so they can do something. They want to make sure they are in step with all the other 38 municipalities in Palm Beach County. They understand that Boca Raton wanted to be first in the State of Florida, and they can change their ordinance if they wish, but we can be more restrictive than the County. There were no other speakers. 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. A motion was moved and duly seconded to nominate Cynthia Alexis to the Art Advisory Board. The motion passed unanimously. A motion was moved by Mayor Grant to nominate Troy Joseph to the not-for-profit provider of Affordable Housing, seconded by Commissioner Romelus. The motion passed unanimously. B. Approve the request of Commissioner Justin Katz to distribute $2,000 of his Community Support Funds to the HATT Foundation. A motion was moved and duly seconded to approve Commissioner Katz to distribute $2,000 of his Community Support Funds to the HATT Foundation. C. Approve the request of three allocations from Commissioner Ty Penserga to distribute $2,000 of his Community Support Funds; $500 to Boynton Strong Community Outreach, $500 to the Boynton Beach Bulldogs, and $1,000 to Citrus Cove Elementary School for their Musical Theater Program. A motion was moved and duly seconded to approve Commissioner Penserga to distribute $2,000 of his Community Support Funds. The motion passed unanimously. Page 276 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 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 the accompanying material to become a part of the Public Record and subject to staff comments. A. Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm, PCL Construction, Inc. of Tampa, FL and establish contracts in accordance with the Request for Qualifications (RFQ) No. 013-2821-21/TP for Lift Station 317 Major Upgrade Progressive Design Build and Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the contracts will be brought back to the Commission for approval. B. Proposed Resolution No. R21-121 - Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY 2021-2022. C. Approve the updated Library Long Range Plan for FY2021-2026. Mayor Grant commented that he was excited about the technology, their creative edge, and what it is going to do to many generations using it. Regarding the replacement desktop PC and laptop, he would like to see them donated as part of the additional inclusion to the community. D. Proposed Resolution No. R21-122 - Approve the expenditure of $58,780.75 and authorize the City Manager to sign the support service proposal with AVI- SPL. E. Proposed Resolution No. R21-123 - Authorize the City Manager to sign all documents associated with the acceptance and subcontract agreement for the Florida Department of Transportation (FDOT) Florida Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement grant subject to the approval of the City Attorney. F. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities under $100,000 as described in the written report for September 17, 2021 - "Request for Extensions and/or Piggybacks." G. Accept the written report to the Commission for purchases over $10,000 for the month of August 2021. 12 Page 277 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Mayor Grant mentioned that K9 Officer Iro had lung cancer and had to be euthanized last month, so a new K9 was purchased for the K9 Unit. He wants to know if the City is planning to do any sort of Memorial Tree for K9 Officer Iro. City Manager LaVerriere stated the Police Department had a program for him. They shared a video of the service; it was a full service since a K9 is considered an Officer. Deputy Chief Vanessa Snow stated they do not have a Public Memorial planned the future. They posted the Memorial. The new K9 is currently in the training process, and they look forward to introducing him. H. Proposed Resolution No. R21-124 -Ratification by the City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2021-2022. Proposed Resolution No. R21-125 - Ratify the Quantum Park Overlay Dependent District annual budget for FY 2021-2022. J. Proposed Resolution No. R21-126 -Approve and authorize the City Manager to sign an Interlocal Agreement for an Emergency Medical Services (EMS) Grant to Boynton Beach Fire Rescue in an amount not to exceed $20,279.74 to reimburse the City for the purchase of 20 computer tablets. K. Proposed Resolution No. R21-127 - Authorize the City Manager to sign a Payment Processing Agreement with CSG Forte Payments, Inc. to serve as the payment gateway for collecting on-line payments through SagesGov for Development Department permitting services. L. Proposed Resolution No. 21-128 - Approve transmittal of the City of Boynton Beach State Housing Initiative Partnership (SHIP) Program Annual Report for FY2018-2019 and authorize the Mayor to sign the corresponding Local Housing Certification. M. Proposed Resolution No. R21-129 - Approve the Memorandum of Understanding (MOU) between the IAFF Local 1891 Boynton Beach Firefighters and the City regarding Covid-19 policies and practices. N. Proposed Resolution No. R21-130 - Approve the Memorandum of Understanding (MOU) between the City and the PBA Police Officers and Detectives and the Police Sergeants bargaining units regarding Covid-19 policies and practices. O. Proposed Resolution No. R21-131 - Authorize the use of American Rescue Plan Act of 2021 funds (ARPA) up to $75,000 and authorize the City Manager to sign an agreement with Pathways to Prosperity to administer Palm Beach 13 Page 278 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 County's Application Process of Emergency Rental, Utility, and Relocation Motion A motion was moved and seconded by Commissioner Romelus, to approve the Consent Agenda. The motion passed unanimously. Commissioner Penserga requested reconsideration or discussion of Item 60. It says the Resolution is to support a partnership with Pathways to Prosperity to administer Emergency Rental, Utility, and Relocation system. He questioned a description of what the City is doing for the residents. Lori LaVerriere, City Manager, stated that in terms of getting rental assistance, they reached out to the Talley System. The process and rules allow the government to get the money out. The County has a good strong program going and they are talking about doing something with the Talley System with the ARPA money. They said not to use our money, that they have plenty of money out of the ARPA and other sources for their program, but the help they need is getting it into the community. They reached out to a variety of non -profits in the Country to get them into their system and they processed applications for members in their community, so it is a closer touch. Pathways to Prosperity has that relationship with the County and they want to add an individual, so their ARPA funding would pay for one more position that Pathways to Prosperity would hire to continue to processing applications for people in Boynton Beach. John Durgan, Economic Development Manager, stated that Palm Beach County has five local locations throughout the County and the only one located in Boynton Beach is Pathways to Prosperity, which is helping residents administer their applications with supporting documents. It is a difficult process if someone does not have internet access or if someone is having a hard time locating the documents. Pathways to Prosperity is providing a full-time position solely dedicated to helping residents apply for rental assistance funding, which came from Palm Beach County Emergency Assistance Rental Program, which is a program from the Federal Government. They have a lot of money to give out, strictly for rental and utility assistance, and he has been working with Ms. Bush to see what the options were, and the County came up with the best way for the City to assist, which would be to provide the additional assistance. They are inundated with questions from the time they arrive to the time they leave, so having that second position would be an asset to get as much money out as possible. The last time they spoke to the County, Boynton Beach was ranked #2 in the County with the number of applications coming in from residents. They see the demand as rather large, and they are hoping with new provisions they would be able to process the additional applications. Mayor Grant questioned if equipment was needed on a mobile basis, having almost like a mobile office to do scanning, upload documents, and to do a wi-fi hotspot rather than families going to Pathways to Prosperity and not having all the documents. He noted Pathways to Prosperity are going to homes and individuals directly on an as needed 14 Page 279 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 basis. Last time he spoke with one of the residents, it was stated that it was extremely difficult for families to be a part of this County program because there are multiple things and locations and if someone did not get one document needed, they had to go home, find, it and do it all over again. He hoped that on days when person is not in the office that they are working 40 hours a week helping people through the mobile site process, since they are paying for a full-time position. City Manager LaVerriere, indicated they were looking at trying to identify space at Art at Carolyn Sims Center to have them go to the Pathway to Prosperity office. She brings her mobile bus to Heffner on Wednesdays to process applications. She did not know that going door to door into people's homes was the best way, but if someone did not have a document it was alright for them to go home and bring it back; they will shuffle them through the process. Mayor Grant mentioned Health for Boynton Beach and noted that sometimes they travel outside the house; it is an all -day event. They would like to see what the City needs to make sure the person they are paying the salary for has resources and the ability to go to people's homes because he did not want to see that the person is being paid and the work needed was not getting done. City Manager LaVerriere stated perhaps they could discuss an appointment system if someone calls. There are liability issues. Mayor Grant was alright with approving this now; however, he would like more information from Pathways to Prosperity as to what they are doing working with the County, so if anything else is unknown, they can help with local non -profits. If the mobile site is not working, they may be able to find another non-profit to help with transportation and help look for the documents. David Scott, Director of Economic Development, stated advised they had conversations with the County and their program is County -wide; they are first come, first serve. They need to get into the community because community members were going out trying to find a County location and were getting lost or did not have the right documentation. They heard about the transportation issue and by planting this position immediately in the community, they would not have far to go. Experts would be there who know what documentation is required, so they would bring that together and make sure the right documentation gets directly into the County system. City Manager LaVerriere thought the point Mayor Grant was trying to make was that this is one step in the right direction in terms of having someone who is more localized. There still needs to be outreach because so many people do not know where to find documents. She wants to understand the outreach efforts being implemented to make sure people are aware of this program. She is waiting to hear outreach efforts to justify this expense because they are being given this money with the express intention to give it to families in need. 15 Page 280 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Mr. Scott stated they had a full communication strategy, which is included in things like the water bill, so upon approval, they would move forward with that outreach tactic. They also use social media and the website. They plan to use different languages and will enhance that communication as well. City Manager LaVerriere emphasized that many community members and residents, especially those from other cultures and backgrounds, do not read, so when putting an insert into the water bill, they look at the bill and throw everything else out. There must be people at their churches who speak their language who would be able to do outreach to the Pastors, tell them about the program, and ask them to tell their parishioners about it. There needs to be people who can reach radio stations and have a segment on the air where people can dial a number. These residents are not going to be reached through social media or by a mail insert in the water bill; it must be very basic; technology is not going to work. Mayor Grant questioned if this is a full year salary for someone and what happens if the money runs out after six months. Mr. Durgan stated in their agreement with Pathways to Prosperity, the end date for this provision is when all the money from the County is allocated. He advised that the Commission wants an update from Pathways to Prosperity, they want to see the person hired, and they want to hear how they are going to reach out to all aspects of the community. Mr. Scott stated they are using the same process heard through the ARPA, which is getting into the community through churches. City Manager LaVerriere told them to use her as a resource when it comes to communicating with communities. It is not that the community members and residents do not want the information, sometimes literacy is an issue. Kemberly Bush, Executive Director of Pathways to Prosperity, did not have answers to all the questions asked, but in response to the support position in Boynton Beach, Pathways to Prosperity has been in this community for 11 years and 90% of their clients are Haitian Creole, so they do respect population as well as African Americans, and getting them to come forward. As far as the ARPA Funds are concerned, they have been successful at getting applications processed. As far as the language barrier, they figure it out, they know how to communicate because they have figured it out over the years and there is staff who speak Creole and Spanish. She did not have a vision of going into someone's home, but they are able to tell people exactly what they need to bring so they are able to get the applications processed. They are communicating with the landlords to have them fill out their paperwork. By adding another individual, more applications would be processed and more families in Boynton Beach would be serviced. As of Friday, she believed they helped 39 families in Boynton Beach with rental support, and she was 16 Page 281 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 talking about months of support; these families have received between $10,000 and $20,000 and more from the County. They welcome support from the City to be able to market to more community members. They hired Boynton Strong, and they did door hangers for the vaccines. This is not the only time they will come before the Commission with a project. Perhaps people can help them go door to door with information and the ARPA money can be used to do that. City Manager LaVerriere wanted to have the confidence that what she was thinking, and the barriers were already being thought of by their entity and organization. Mayor Grant stated many individuals live in apartment complexes along Congress, so that is something they need to work on. Ms. Bush stated property managers are putting information out through their communication system. 7. Consent Bids and Purchases Over $100,000 A. Proposed Resolution No. R21-132 - Approve the renewal of property, casualty, and workers' compensation insurance coverage with Florida Municipal Trust (FM IT) and authorize City Manager to sign all required documents for the term of the policy: October 1, 2021 through September 30, 2022. Vice Mayor Hay questioned how much the expected cost would be for Item 7A. Julie Oldbury, Director of Human Resources and Risk Management, advised the cost would be $1,030,067, which is about an 8.6% increase over last year. B. Approve piggyback of Volusia County Contract # 18-B-43AK with Boundtree Medical for the City's medical supplies on an as needed basis with an estimated annual purchase of $130,000 and authorize the City Manager to sign an agreement. The Volusia County procurement process satisfies the City's competitive bid requirements. C. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for September 17, 2021 - "Request for Extensions and/or Piggybacks Over $100,000." D. Approve an additional expenditure of $19,000 with IXOM Water Care, Inc. utilizing Palm Beach County's sole source contract SS150985 to purchase MIEX resin bringing the not to exceed amount for this fiscal year up to $349,585.00. 17 Page 282 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 ILY, 11=11 Motion moved and seconded by Vice Mayor Hay to approve all items under Consent Bids and Purchases over $100,000. The motion passed unanimously. 8. Public Hearing — None. 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. City Manager's Report A. Discuss a date and time to hold a City Commission Workshop to review the first draft of the spending plan for the expenditure of ARPA funds. City Manager LaVerriere did not think this was the perfect time; she wanted to make sure they could get ample public input in a healthy debate from community members who may want to offer suggestions on how to spend the ARPA funds. She did not think a Tuesday at 3:0 p.m. timeframe was the best time. Perhaps the fourth Tuesday of the month at 6:00 p.m. or 6:30 p.m., so residents could participate. Mayor Grant commented that most communities have Friday afternoons available. He thought if they wanted to get the most participation, an opportunity to speak might be on a Saturday or Sunday. City Manager LaVerriere stated that she was considering most people would not want to come and talk about this on a Friday. City Manager LaVerriere indicated that as long as the time was close to 5:00 p.m., that was what mattered most to her. She preferred the meeting not be held on a Friday or a weekend; Monday through Thursday after 5:00 p.m. would be best. The intention of this Workshop was to have a preliminary report on the outreach they would have accomplished. It was not intended to be a public outreach session and that is why it was scheduled prior to the CRA for an hour and a half to two hours. This is going to be one of many discussions of how this money is going to be spent; they will not be talking about earmarking or allocating the $6 million to any specific thing. Commissioner Romelus questioned if City Manager LaVerriere was saying there would be community input workshops that have already been done prior to this. City Manager LaVerriere clarified that two or three are scheduled and then the non-profit stakeholder workshop. They want to collate what they have to date, and then would probably do something similar within the next six months. 18 Page 283 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Commissioner Romelus commented that it would be more of a comprehensive report of what has been gathered. She thought this was more of a public input. City Manager LaVerriere stated they want direction from the standpoint of priorities where they can start spending time drilling down in certain areas or with the thoughts they have. Vice Mayor Hay questioned when public input meetings from the community are planned. City Manager LaVerriere believed they would be done in many formats and many times. David Scott, Director of Economic Development and Strategies, advised that the first public meeting is scheduled for September 30, 2021, and he will send the other dates. The dates were clarified as September 30, 2021 at 6:00 p.m. in the Commission Chambers; the meeting will be a hybrid, so it will be in-person and virtual. The second meeting will be Thursday, October 28, 2021 at Fire Station 3, and will be in-person only. A non-profit will be scheduled, which will be more of a listening session, on October 21, 2021 at 6:00 p.m. in the Commission Chambers, which will be a hybrid meeting as well. Mr. Scott indicated that input has been received from their public survey as well as from emails, the website, Facebook, and social medial. Over 160 responses have been received that are suggestions from the public, non -profits, and staff. All that was pulled together under five different categories with ARPA, and they would like to present that to the Commission to get their thoughts and ideas as to how they should put this framework together and to get direction as to where to go. If there is specific direction from the Commission, another Commission meeting could be scheduled that would codify any specific projects to be identified. That would be an opportunity for additional public input at that time. Vice Mayor Hay questioned if those meetings would be an hour and a half to two hours. He commented that he understood the meetings would be on September 30, 2021, October 21, 2021, and October 28, 2021. City Manager LaVerriere clarified that those meetings are for public input. Since the National League of Cities has been changed to a virtual meeting, perhaps the Commission could come in prior to the Commission meeting on September 16, 2021. Mayor Grant advised that he would not like 3:30 p.m. to midnight. He suggested having the meeting on Monday, September 15, 2021. City Manager LaVerriere questioned if the Commission wanted to do a separate Workshop. Mayor Grant stated if a short meeting were scheduled for September 16, 2021, that might 19 Page 284 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 work best. He thought they could have the Workshop between 3:00 p.m. and 5:00 p.m. and the City Commission meeting at 5:30 p.m. A motion was moved by Commissioner Romelus to approve the Workshop for November 16, 2021, between 3:00 p.m. and 5:00 p.m., then the City Commission meeting at 5:30 p.m., seconded by Vice Mayor Hay. Motion passed unanimously. B. Discussion regarding moving the November 15, 2021 meeting back to Tuesday, November 16, 2021 due to the National League of Cities Conference being changed to online only. ILY, 11=11 A motion was moved and seconded by Vice Mayor Hay to move the November 15, 2021 meeting to November 16, 2021. Motion passed unanimously. 10. Unfinished Business Mayor Grant requested a motion to remove from the table. A motion was moved and duly seconded to remove Item 1OA from the table. Motion passed unanimously. A. Proposed Resolution No. R21-114 - Approve and authorize a second addendum to the Franchise Agreement with FLSC, LLC., for a textile recycling program and designate an allocation and use of funds policy for this contract. (Tabled from the September 8, 2021 City Commission Meeting.) Mayor Grant recalled an RFP -Q was out for this type of Franchise Agreement. There were some issues regarding the vendor making payments and they concluded with the vendor for payments, but at a reduced rate. In addition, the contract is currently expired, and he was not as happy as he was with the first RFP -Q that came out three years ago. He would like to have a conversation with the vendor because there is a new Sustainability Department, and he would like to see what could be done to help recycle more in this community. Mark Douglas with Florida Textile Recycling, (FLSC), stated they have had several conversations with Mara and Adam as far as extending the program and putting out more bins throughout the City. This past week they submitted five new applications and sent out their salesperson, who visited several businesses within the City. They went over additional locations, which have been submitted to Adam's office for approval and 20 Page 285 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 assuming those go well, they would like to put those out immediately. They are going to expand the program. There were some challenges due to Covid and before that, with getting locations approved. They would like to put more bins out and recycle more merchandise in the City of Boynton Beach because that is the way they generate additional revenue and can afford to pay the City additional fees. Mayor Grant would like the City to have a partnership with Florida Textile Recycling, as part of their Bill Green Initiative. He questioned how the Sustainability Department could help advertise the recycling component. He also questioned what should be done with old appliances that are not broken, or with electronics and other things that still have uses for other people. He asked if their business was moving toward any other types of recyclables or if they were sticking with only textiles. Mr. Douglas indicated they mainly handle textiles; they are not equipped to handle electronics and things like that because they do not have a way to dispose of those in the proper way. It is not something they are able to handle, and they do not have the personnel nor the avenues to dispose of that stuff. Mayor Grant stated his concern was because there are other vendors who have that capability. He did not know how the Commission felt about doing another three-year agreement, but he would like to do a one-year agreement at the minimum to see if the City could do an RFP -Q because he feels it is in their best interest to recycle as much of the products rather than putting them out for bulk. Mr. Douglas mentioned they have a contract with the Town of Davie, and they have a contract with a separate vendor that does something with electronics. They have bulk drop-offs for electronic items, shredding paper, and other things; those are all separate vendors. Mayor Grant thanked Mr. Douglas for the information. He thought another RFP -Q was not necessary if they are all separate vendors and was alright with a three-year extension. He requested that any available information be forwarded to him, so they could see if they could piggyback and hopefully recycle more through the City. Mr. Douglas stated he would reach out to the Town of Davie to get the name of the vendor and any contact information, and from other Cities they partner with as well. Commissioner Katz questioned the monthly agreement for bin rates and if that was monthly or annually. Mara Frederiksen, Finance Director, stated the original contract was in 2000 and the rates were maintained, they just reduced the number of bins. The $175 x 12 is with the cpi increase, so they are at $21.01 per bin. Mayor Grant mentioned there were certain trucks for certain events. He mentioned the 21 Page 286 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Pirate Fest is coming up and he would like to see if there was an ability to either recycle or reuse old Halloween costumes. They are working with the CRA, but he would like them to come to one of the Music Fests, etc., so people know what to do with their old clothes. Mr. Douglas stated they would like to participate in City events and help promote them as well to make them successful. If they can promote on any brochures or communications from the City, they would make sure they have a truck and personnel there to accept clothing. Motion A motion was moved and duly seconded to approve the extension of the Franchise Agreement with Florida Textile Recycling for three years. Motion passed unanimously. 11. New Business A. Proposed Resolution No. R21-133 -Authorizing the City to set rates, fees and charges for Water, Wastewater, Stormwater, Reuse Water, and District Energy Chilled Water for the upcoming Fiscal Year 2021-22. Waneya Bryant, Manager of Utility Administration, provided a brief presentation and the following was highlighted: • Based on their analysis, they are recommending holding rate levels for water and chilled water with a 2% increase in wastewater, 2 cents for a 1,000 -gallon rise frequent use, and a 50 -cent increase in stormwater fees. • The table shows the 2% increase in wastewater rates with monthly charges and the cost for each 1,000 -gallons of metered water flow. • The 50 -cent increase is shown for stormwater and 2 cents for a 1,000 -gallon increase in reclaimed water rates. • The impact of rate adjustments of a typical customer's bill. Changes to various customer bills based on a proposed rate. A single-family home with water, sewer, and stormwater will increase if they are inside the City limits by $1 per month. For anyone outside the City that does not have stormwater, there will be an increase by 51 cents on average. • The water and wastewater rate comparison and how they stack up against 13 other house water utility providers was shown. For someone using 10,000 gallons of water is $104 per month while Boynton is projected at $77 per month. ILy, 11=11 A motion was moved by Vice Mayor Hay to approve rates, fees and charges for Water, Wastewater, Stormwater, Reuse Water, and District Energy Chilled Water for the upcoming Fiscal Year 2021-22, seconded by Commissioner Romelus. Motion passed unanimously. 22 Page 287 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 B. Consider and approve authorizing use of American Rescue Plan Act (ARPA) funds to provide a monetary incentive of $500.00 to each City employee who is fully vaccinated on or by November 15, 2021, for an approximate cost of $400,000.00. This incentive is subject to collective bargaining. Mayor Grant questioned if this included part-time employees and Commissioners. City Attorney Cherof stated Commissioners are not employees, so the scope would have to be changed if desired. Mayor Grant commented that if anyone wanted to allow the Mayor and Commissioners to get the $500 was fine, if they wanted to give them $100, that was fine, or if they wanted to say the City pays them enough to be there. Getting a vaccine is an individual medical decision, so if no one wants to respond as to whether they have received a vaccine or not is their choice. Commissioner Penserga stated that he was not interested in the $500; it was his understanding the intent was for employees. Vice Mayor Hay thought Commissioners reserve the right to know since they are in close contact. It is a personal thing, but they are putting the burden on employees to reveal, and they should be no different even though they may not get paid. Commissioner Katz had no problem saying he got the shot the first day it was available. City Manager LaVerriere, advised this would apply to all employees from day one who took the responsibility to get vaccinated. November 15, 2021 is the deadline to be fully vaccinated and she will put a copy of the vaccine card on file with HR and Finance would take it from there. Mayor Grant was glad they were making the decision to make sure all employees have the full incentive to get vaccinated. Ernest Mignoli, 710 NE 7t" Street, Boynton Beach, stated that he could not hear anything said while sitting in the back. He commented that they are talking about a half million dollars and questioned who is getting the $500 and how many employees there are. Mayor Grant stated there are roughly 800 employees and the maximum cost would be $400,000. Mr. Mignoli questioned if this is approved tonight, an employee has been vaccinated or is getting vaccinated would get $500. He also questioned if 600 of the 800 employees already vaccinated would get the $500. 23 Page 288 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 Mayor Grant replied if employees are vaccinated by the date in question. The cost for 600 employees already vaccinated would be $300,000. He stated no one would sign a Collective Bargaining Agreement stating that people who took the incentive to already get the vaccine were denied the financial incentive that people who have waited will receive. Mr. Mignoli commented that many Firefighters and Police do not want the vaccine and do not want to wear masks. It is believed this incentive is going to get all the Firefighters and their Unions to line up and get a vaccine when they have already been exposing the public for over a year. He questioned if the taxpayers were paying the $500. Mayor Grant stated the Federal Government provided Covid Relief Funds and this is an acceptable use as defined by the Federal Government and Congress; whether people get the vaccine or not is their prerogative, they are incentivizing people to get it. Mr. Mignoli questioned if this Federal money is allotted for employees only or if it could be for anyone in Boynton Beach. Mayor Grant said he was trying to have a $100,000 raffle for everyone who has already gotten the vaccine; however, they need two other Commissioners to agree to that. He feels everyone in the City of Boynton Beach should be entitled to some funds for getting a vaccine. Mr. Mignoli, as a taxpayer, would say that the $400,000 should not go to any employees in the City, they already have a good job. He suggested giving the money to the 17% of Boynton Beach, which is almost 18,000 people, who live under poverty level. Commissioner Katz stated there was a program this past weekend. Motion A motion was moved and duly seconded to approve the use of American Rescue Plan Act (ARPA) funds to provide a monetary incentive of $500 to each City employee who is fully vaccinated on or by November 15, 2021, for an approximate cost of $400,000. Motion passed unanimously. C. Discussion on amending the disposition process for Real Property owned by the City. Andrew Mack, Assistant City Manager of Public Services, stated that the City Attorney and he came up with two options. Option 1 edits were not part of the backup unfortunately, so handouts were distributed. Option 1 would change existing language to add verbiage that would require the City to declare the property surplus and then move forward with a request proposal, notifying the public that there is surplus property they are seeking to sell. 24 Page 289 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 The second option, which is more detailed, along the same lines of declaring the property a surplus and then there are options on how to deal with the property. The following options were highlighted: • Specific language helps declare when a property is surplus. • A public hearing would be required and how they dispose of it as well. • When appraisals would be required. • The method of disposal. This would give an option, if they had a Letter of Intent or an offer on the property, to advise them to negotiate it with a particular vendor or buyer or tell them to do sealed bids. • There would be an option to transfer to governmental agencies or the potential to do a land swap. • How proceeds from the transfer would be handled. Mr. Mack indicated that the intent was to make sure when they get a property that they are bringing it to the public so there is a fair way to bid, and they are making decisions as they bring all the items back. Mayor Grant was excited they were planning something because there is some vacant land. He did not think creating language that was not necessarily part of the Developer Agreement was making them developer friendly and questioned if the language was able to be changed to a Developer's Agreement. City Attorney Cherof stated there was an item on the agenda about Developer Agreements, which was intended to cover the disposition of all or any City -owned real estate. Mayor Grant stated this is 11 C and then there is 12A. Mr. Mack advised they were looking for direction to determine if the Commission wanted a simple edit, which was adding it to the process and when there is an offer it goes straight to an RFP or if they wanted a more ala cart style of ordinance. Both require them to bring the ordinance back to the Commission. Commissioner Penserga commented that to be clear, this would not make it final today. He was more in favor of "Option 2" with more details and more of a clear process. This conversation started because of prior events, and he questioned how that might change with this kind of language in place. He also questioned if a case study could be done. Mr. Mack mentioned the last example, which was the area off Nichols Boulevard. They received an LOI or an offer, which was brought back to the Commission, which was authorized to move forward with the Purchase and Sale Agreement. As part of that process, they brought it back to the Commission to execute the agreement and during that process, at the last minute, an offer was received from someone else. By using "Option 2" or "Option 1", he thought either one would accomplish the same thing, "Option 25 Page 290 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 2" would give more options how to deal with it. Mayor Grant said this would basically say there would be no land surplus to the City unless it is declared. It was questioned if the City currently has any land that is declared surplus. City Attorney Cherof clarified it would be until the City Commission declares it. Mayor Grant stated they have not declared any land surplus, but in the past they did. Previously, four parcels were declared surplus for the purpose of soliciting equipment and they brought it back to dispose of. They want to make sure there are no surplus plans and then anyone else who would like the plan would have to declare surplus before any kind of ala cart options move forward. Mr. Mack believed that was the intent when this was written; when they get something, they want to dispose of, first it must be declared surplus, and then they can move through the process, whether it is through negotiations or a land swap. He noted the smaller version is a little tighter and the second version gives more flexibility, but it will provide a well-defined process as a part of that disposition. If they could get a consensus for "Option 2", he will work City Attorney Cherof and they will bring back an ordinance. Commissioner Penserga mentioned Methods of Disposal, Section 5, and noted that it was not clear to him at which point one is triggered over the other or if that was intentional. It was noted that surplus today might not have been considered surplus a year ago. Mr. Mack explained it was intended to be open because many times a piece of property may not be thought about as surplus, but when someone drives by, they may see it and start the process by contacting the City to see if they would be prepared to sell it. The first section allows for a variety of methods to start the process as opposed to the City Commission directly Administration to provide a survey of all City -owned property and then going through them one by one to determine whether they are surplus or not. The benefit of what they have had for some time has been the relative ease in which the City could dispose of real property. That was triggered by the fact that before the rules were changed, it was hard to do. Currently, it is relatively easy to sell property when comparing their process to other municipalities and it could be said that has stimulated some of the growth of the City, but no one has ever surveyed that. Commissioner Romelus questioned if that helps alleviate or impede. Mr. Mack thought it would help. If he were a potential buyer, he would want to know there is a defined process, he would not want to invest money in creating drawings, sketches, and due diligence, and then someone beats him by $500. The timeframes could be tweaked to help make sure they are helping developers expedite. Commissioner Romelus questioned if the due diligence has been done to see what the 26 Page 291 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 community thinks. Mr. Mack stated they have not done due diligence; this is something that could be done since it does not have to be brought back right away. They could speak to a few developers and let them review it and once it is in the proper format it could be put out for consumption. Commissioner Romelus was in no rush; as a government they have so much red tape bureaucracy that is inadvertently in place that prevents individuals and the public from understanding what they do, how they do it, and why they do it, so it makes theirjob more difficult. Currently, sales are relatively easy without implementation. City Attorney Cherof indicated that he put it into two categories over time and the City Commissioners decided they did not want to be developer friendly, which was well in the past. Currently, the Commission has been somewhat developer friendly, so the rules are somewhat easy to clear. We talking about developers here, there are other people who buy properties who are not developers. Commissioner Romelus would shop this around to make sure they are not creating any inadvertent hurdles for their "developer friends" before taking a final option. City Attorney Cherof mentioned that a discussion to argue might be why the City owns real property they are not doing anything with and what the long-range goal is for dealing with the property. He questioned if the property was a land bank for some future use or to hold and drive up the value of property generally over time. He did not think there was ever a real discussion during any Commission he has sat through that talked about why they have real property and what they want to do with it. Commissioner Romelus thought the intention of any property they have would be that it ultimately be developed to provide taxable value for the City, whether it is in the form of being developed or if it serves a function of park land that benefits developed areas around it. The City is in the business of serving residents of the community. Commissioner Penserga wanted to share that he was in support of "Option 2". Based on his reading of "Option 2", he sees nothing that would impede development or redevelopment. In general, having a process provides clarity and if anything, that should support development and redevelopment. From his understanding, getting appraisals and Letters of Intent are standard. He agreed with Commissioner Romelus about getting input and shopping around. He wants to be careful that they do not let them dictate; this is about protecting the City and the City's interests, so there is a clear process, but not one that is overly in favor. They want to be open for business, but to create a fair and reasonable process. He continued support for "Option 2" and he was open to getting more improvements. Mr. Mack thanked Commissioner Penserga for recognizing that "Option 2" is drastic in a 27 Page 292 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 neutral fashion. Commissioner Penserga wanted to come back to City Attorney Cherof regarding the question he asked earlier. He questioned if there were one or more interested parties if they would all be negotiated during the Commission meeting, and he wanted to know the cut off. They do not want to have a free for all where everyone is negotiating on the spot with every detail. There was a consensus by the Commission to go with "Option 2" and for staff to move forward with writing the ordinance and public input could be given during the First and Second Readings of the Ordinance. Commissioner Romelus stated that as government officials, having different perspectives to weigh in could potentially allow them to see blind spots they are not currently seeing. She did not have a disagreement whether they move forward with the process, but she always wants to try to think of things when they are creating different policies, that they are not just doing it with their own government hats in place; they try to consider how it is perceived. Mayor Grant indicated that the aspect is for someone to move forward, a future City Commission would have to declare land as surplus. City Attorney Cherof commented that at some point of the process that is correct. Mayor Grant questioned if the declaration is accepted before or after the Letter of Intent is accepted. City Attorney Cherof replied it would be before. Mayor Grant advised that the key point was that a Letter of Intent is not needed to declare land a surplus; however, they are not going to declare land a surplus because someone wants it. They must explain in detail and if that is the case, a Letter of Intent can be required. Vice Mayor Hay questioned at what point a date is given after the Letter of Intent has been accepted. City Attorney Cherof explained that the Commission would want to make the determination of surplus before accepting a Letter of Intent. A Letter of Intent might be entertained, but the Commission would have to bind themselves in a future transaction without making an evaluation of whether the land is surplus. He thought about adding details about what comes to surplus property, but thinking back over the years, the City Commission is in the best position to make that determination on a case-by-case basis, taking into consideration the information they have and the kind of context they get from constituents, the public, and whoever else is interested in the property. He thinks once 28 Page 293 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 the City Commission conducts a discussion as to whether a property is surplus or not, the outcome would be correct. The Commission does not need the City Administration to tell them something is surplus, they are able to make that determination, although they could put that Administration would be important. 12. Legal A. Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance. City Attorney Cherof read Ordinance No. 21-025. Commissioner Penserga commented there are several blanks and he assumed they were for discussion. Mayor Grant questioned if the Commission wanted to go over each blank. Commissioner Penserga referenced Page 6, Paragraph D, that is a blank on formatting the number of the sections and that would be filled in as they go forward. On Page 7 the first sentence is blank and that is the trigger for reversion after Commencement of Construction. The expectation would be that would be a more limited light of reversion, but it would still be triggered by something. The Commission does not want someone making a significant investment in a property and finding out that it is subject to reversion. The reason is because development is unlikely if someone was going to have to take that kind of risk. He did not know the number and thought that might be some additional input the Administration Development might want to weigh in on. The bottom of Page 7, last paragraph, which is a payment the developer would agree to make up front to the City for past and future damages arising from the developer's breach of agreement. It may be a complete deterrent to development and if the number is too high it might be a reasonable risk that a developer may take knowing it would be an easy out from the project and simply to pay the money and move on. Commissioner Penserga questioned if that number was something the Development Department determine. City Attorney Cherof replied yes and thought they need that input. They have much more experience of communications with the development community; they get paid back from developers directly and indirectly through the planners and other representatives. It is all vetted in the process of someone exploring what they might want to develop, what it might cost, and what a list of benefits would be. Mayor Grant questioned what future development projects the City has. When he got on the Board, Downtown was a big development project, and he does not necessarily know 29 Page 294 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 the City Surplus Funds or what types of projects they are trying to build with this ordinance. Commissioner Penserga stated it was not about trying to build anything. From his standpoint, it is about putting in safeguards. There are going to be future developments, that is inevitable, but the question is what the process is and what safeguards should be put in place. One of the current issues is when a developer acquires land and sits on it for a long period of time and continually asks for extensions. Safeguards could be put into place, so they are never in that position. He questioned if 30 months is an acceptable period for an extension or whether developers should apply when they are ready to build. This is about getting ready to take in future projects. Mayor Grant did not know the City's redevelopment picture Commissioner Penserga was speaking of and he asked the Commissioner to explain. Commissioner Penserga stated he did not know what would come up in the future. Mayor Grant questioned if timeframes were put into place. The problem is the language involved. He also questioned what Commencement of Construction means. Mr. Mack indicated that a Commencement of Construction is usually done when the first permit is on the project becomes vested, which is an actual permit for construction. Mayor Grant commented that he would probably want that language and not Commencement of Construction. He thought the Commission may want to have a conversation to see what the best interest and future development is for the City. The problem is this only applies to City land when they are working with the developer in a public private partnership. He knows some language is open to interpretation, which they do not want to see. He thought there should be more defining terms than Commencement of Construction and things should be more date certain, so it is not open to interpretation. He wants the Commission to understand exactly what they are doing and would like the Building Department and Mr. Mack to make sure all the language is certain, so it is not Commencement of Construction, it is first permit. He questioned what happens if another pandemic or major hurricane hits and if they would be in the same position. Mr. Mack explained these are Developer Agreements and they will be brought to the Commission on a case-by-case basis. City Attorney Cherof stated those details would be negotiated terms in the agreement itself. Mayor Grant commented that agreements will be on a case-by-case basis. City Attorney advised that details would be negotiated terms in the agreement itself. He Page 295 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 suggested it might be more appropriate to Table this on First Reading. They would like to talk to the City Manager and maybe get some additional input from the CRA professional staff and their Legal Counsel. That would give Development staff some additional time to look at some of the details. Mayor Grant commented his big concern was making these statements and contract terms on the benefit of the City and the CRA. Having this discussion now is very important because the Purchase and Sale Agreement the CRA needs for their future products is more imminent, so this is something they need to have as part of their negotiations as a CRA body, not necessarily a City body. He would be in favor of Tabling this after a CRA discussion. City Attorney Cherof stated they would get the document out to the CRA tomorrow. Mayor Grant believed November 30, 2021 was the date he was hearing, so if the City has an ordinance in place or language they are currently drafting, it gives them an understanding where they are negotiating from as a CRA Board. Motion A motion was moved and duly seconded to Table the First Reading of the Ordinance until there is a CRA discussion. Motion passed unanimously. Discussion concerning equity regarding employee raises. Mayor Grant mentioned General Employee raises and noted that he spoke with different Department Directors and the City Manager about this. The way he saw it was that a lot of the raise money was being given to top earners. If identified by Department, there would be a big discrepancy with many of the entry level employees. He appreciated what Julie in HR provided him, which showed that some employees increased their salary by 50% in less than five years. He was pleased to see the City is good at career growth and keeping well trained employees. The spreadsheet he received basically shows that everyone is considered on an hourly rate, so the minimum wage is $15 per hour and with a 3% raise they get about 45 cents extra an hour versus someone making $60 per hour. He was thinking about having a minimum increase per hour for the lowest income earners of a dollar, so anyone who makes $15 per hour or $30 per hour, would get a dollar more. This is something he would like to do because all the employees have been working throughout the pandemic and he feels a 3% raise is not enough for entry level employees who do a lot of the work dealing with customers, like the first initial response. He did not know if this was already approved in the Budget, but it is something where the Tier system is based on an hourly rate, so they could have a minimum increase of a dollar or perhaps 75 cents. There may be some compressions, but he did not feel that it would ever get to that point. No one talked about this during the Budget discussion, and he questioned if City Manager LaVerriere was bringing that back. 31 Page 296 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 City Manager LaVerriere advised they planned on bringing the discussion on premium pay with the ARPA Funding to do exactly what Mayor Grant was talking about. The intent of the Treasury is to allow these funds to be used as premium pay for low-income earners who were potentially exposed as first responders. She stated there are a variety of cost categories. A couple requests have been received from the Union. Mayor Grant stated it would be from the ARPA Funds, not the Collected Bargaining. City Attorney Cherof indicated there is a connection; the City cannot unilaterally provide a change of wages or benefits to a City employee represented by a Bargaining Unit. There must be a bargain to give that benefit, or a waiver must be obtained from the Union to do so. Mayor Grant commented that they would have that discussion later. As mentioned earlier for the General Employees, they are the ones who have not received as much of a raise as the Unionized employees have over the past five years, so an increase of 3% based upon an hourly wage increase would get them the same amount increase on an hourly basis. Commissioner Penserga asked that someone help him understand the counts and why some are dollars and some are numbers. Julie Oldbury, Director of Human Resources and Risk Management, explained the counts and dollars and how she arrived at the figures. Mayor Grant clarified that what he proposed does not affect many of the General Employees, it only affects part-time employees and the very low-income earners. He questioned if that was something to look at, as it would be a minimum increase. Commissioner Katz commented this could potentially cause people on salary to get a dollar and less tenured employees would be paid more marginally. Ms. Oldbury stated it could. Mayor Grant stated that more tenured employees at a lower rate also have the benefit that part-time employees have who have been there for a while. He would like to say the City's minimum increase for salary is either 3% or 75 cents per hour, whichever is greater. He understands his first request is not in-line because of the part-time employees and the fact that they have several positions in different departments that would create disparities. Commissioner Romelus asked for clarity about what Mayor Grant was proposing. Mayor Grant indicated it may increase by 3% for everyone, but he thought it was negligible on the total salary based upon part-time employees who are getting an extra 75 cents per hour compared to 50 cents to 75 cents per hour. It is something they are trying to increase 32 Page 297 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 for the lowest end employees. Ms. LaVerriere stated the lower paid are part of the Bargaining Agreement. Commissioner Katz thought they should stick with the percent raises. Mayor Grant mentioned the big thing he was asking was to see what it would be like to have an increase in salary of 75 cents per hour for part-time and full-time employees. Commissioner Romelus said she was with Mayor Grant 100% on creating this equity in the employees and staff. She would, instead, perhaps put it on the HR and City Leadership to bring back proposals of what other communities have done around this topic of creating better equity within the community and they could explore and see what could work. She was not sure throwing out numbers was the best way to go. She thought they were setting a precedent for pay scale and equity for the future and if they are going to do it, it must be done right. Commissioner Katz thought the issue was the two different concepts; raises and salary adjustments. If the goal was to identify lower earning employees and determine that they want their base salary to be higher, which would not be relevant to raises, it would be an adjustment in the salary assigned to the employee with a certain job title and a certain number of years' experience. He was all for exploring salary adjustments for the lower end of the scale. These are two separate issues, and his preference would be to move forward with a budgeted raise and then ask staff if that was the desired mission to look at the lowest earning employees across the spectrum of job titles and determine costs associated within increases. He thought the applicant of the term and concept of equity to try to say everyone deserves the same raise regardless of tenure, skill, or job title, was a dangerous path to go because they do not deserve the same. He is in favor of raising minimum salary levels for low-income positions. They can adjust low-income salaries and maintain decent raises. Vice Mayor Hay said he did not mind the discussion, but what he did not like was being given a piece of paper at the dais that he has never seen before. This discussion is not on the agenda, and he felt items should be put on the agenda giving everyone the information so they can do their own research and talk to people. There are experts in the HR Department. He felt uncomfortable not having the opportunity as everyone else to do his own research. If they want to move forward on this, make it an agenda item, let staff bring the concepts and ideas, and the Commission will look at it. There was a consensus to ask staff to research other Cities that may have taken measures regarding equity in employee raises and research the need for salary adjustments. They will need to have a premium pay discussion at the next Commission meeting. 13. Future Agenda Items 33 Page 298 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 A. Staff will prepare options for the Commission's consideration for handling Letters of Intent on City owned properties - October 5, 2021 B. PBC Supervisor of Elections Wendy Link to provide information on polling place safety precautions due to COVID-19 and the ballot format for the March 2022 election. - October 5, 2021 C. The PBC School District and the Education Foundation of PBC will provide an update to the City Commission on the Digital Inclusion Program - October 5, 2021. D. Approval of task order for design, permitting and construction administration services for Eco Park. - October 5, 2021 E. Head Start Purchase and Sale Agreement - October 19, 2021 F. Hazard Mitigation Grant Award for Potter and Dimmick Roads - October 19, 2021 G. Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question in August 2022 - November 2, 2021 H. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - November 15, 2021 I. National Flood Insurance Program Community Rating System Update - November 15, 2021 J. Sign Code Amendments - November 15, 2021 K. Representatives from FIU will present the Diversity & Equity Assessment of City Systems (Internal Assessment) - November 15, 2021 L. Mobility Plan & Technical Report - November 2021 M. City lobbyist Mat Forest to give a preview of the 2022 State Legislative Session 2022 and discuss the City's annual Legislative Agenda. - December 7, 2021 N. Discuss disposition of vacant 3.62 -acre parcel adjacent to Leisurevillle and west of SW 8t" Avenue -TBD O. Discussion regarding adjusting traffic signal timing for pedestrians during off- peak hours. - TBD P. Consultant Presentation of Housing Needs Assessment - TBD Q. Discuss Building Safety Inspection Program — TBD 14. Adjournment There being no further business Mayor Grant adjourned the meeting at 9:42 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant 34 Page 299 of 510 Meeting Minutes City Commission Boynton Beach, FL September 21, 2021 ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzione Deputy City Clerk 35 Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga Page 300 of 510 7.A. Requested Action by Commission: Approve Task Order # LS -08-2021 with Florida Design Drilling Corporation in accordance with RFQ 028-2821-19/MFD, Pre -Qualification of Contractors for Utility Construction Services awarded by commission on August 6, 2019. The Scope of Work is for the Master Pumping Station #309 Pump # 2 Replacement in the sum of $119,000.00 based on unit costs provided by Florida Design Drilling Corporation in their respective bid. Explanation of Request: On August 6, 2019, the Commission approved four (4) pre -qualified vendors to perform minor utility -related projects costing less than $300,000 (three hundred thousand dollars) as part of RFQ No. 028-2821-19/MFD "Pre -Qualification of Contractors for Minor Utility Construction Services." The four (4) pre -qualified vendors are: Johnson/Davis, Inc.; Centerline Utilities, Inc; Giannetti Contracting Corporation; and Florida Design Drilling Corporation. A Request for Bids was issued to the City's pre -qualified Contracting Firms to submit line item pricing to remove an e)asting 88 -horsepower pump, reconstruct the existing pump pedestal for a universal pump, and install a new 88 -horsepower pump. Master Pumping Station # 309 collects and re -pumps all sanitary sewer in the NE quadrant of the Utilities' sanitary sewer service area. The work also includes furnishing all labor, materials, equipment, maintenance of traffic, removal and disposal of accumulated debris, site cleanup, restoration, and all incidentals as required to complete the work. How will this affect city programs or services? This approval will allow the City Manager to sign a contract with Florida Design Drilling Corporation. The pump replacement will increase pump efficiency at Master Station #309. Fiscal Impact: Budgeted. The fiscal impact as a result of this approval and subsequent PO's is included in the current and proposed Utility budget. Funds for this repair service are available from the Utilities CI P FY21/22 R&R account. Alternatives: Not approve the recommended contractor as provided and request that a new bid for the repair be advertised. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Page 301 of 510 Grant Amount: Attachments: Type D QLAOtE)S Da lfa ShE)E)tS D OthE)r D I E)ttENr Description IF::: II..... IDE)Siglll Drilliing QLAOtE) T,,. -,.ib ShE�'E)t BidIC:: AE)II'lSi011'I IRENIIE)W,-'.I�� I E)ttENr Page 302 of 510 Pumping Station 309 Pump rig Replacement RFQ NO. 028-2821-19/MFD PRE -QUALIFICATION OF CONTRACTORS FOR MINOR UTILITIES CONSTRUCTION SERVICES - BID FORM Task Order LS -08-2021 ITEM TECH SPEC. SC1025 DESCRIPTION ESTQTY UNIT UNITCOST AMOUNT GENERAL CONDITIONS 1 1.11.13 Mobilization/Demobilization, Bonds, Insurance and General Requirements. Contractor shall be limited to a maximum of six (6%) of the total bid price. 1 LS $ 7,000.00 $ 7,000.00 2 1.11.0 Pre/Post Construction Photos/Videos 1 LS $ 500.00 $ 500.00 3 1.11.13 MOT Residential Street 1 LS $ - $ - 4 1.11.E Indemnification 1 LS $ 25.00 $ 25.00 Sub -Total General Conditions $ 7,525.00 PIPING CONFIGURATION 5 1 1.11.1' Furnish and Install New Pump 1 1 LS $ 111,475.00 $ 111,475.00 Sub -Total Wastewaterl $ 111,475.00 Total Bid Price (In Numbers) Total Bid Price (In Words) Name of Firm Submitting Bid Proposal Name of Person Submitting Bid Proposal Name of Person Submitting Bid Proposal Page 303 of 510 $ 119,000.00 One hundred nineteen thousand dollars Florida Desing Drilling Corporation (PRINT) Jeffrey Holst (PRINT) 51G URE) Date: 8/30/2021 The City of Boynton Beach Procurement Services 100 E. Ocean Avenue Boynton Beach, Florida 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 ADDENDUM No. 1 DATE: August 23, 2021 BID TITLE: "Pump Station 309 Pump #2 Replacement" BID NO.: LS -08-2021 This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No.1 shall govern. Question: Bid Item #5, F&I New Pump. M&P section calls for replacing... replace all pump station piping and fittings, supports, painting, etc... Please define the limits of what gets replace. se specify what brands and model numbers of pump(s) are acceptable and if they are direct replacements dimensionally speaking of if any piping modifications are required or modifications/replacement to the pump stands or concrete pillars. Response: Modifying the existing pump pedestal to fit universal pumps and purchase and install a new 88hp pump. Question: The M&P section lists bid item number 6, by-passing but there is no item on the bid form. Is it the intent to by-pass the pump station? Response: No by-pass is needed Question: Are the suction and discharge valves operable to facilitate the pump replacement? Response: Yes Question: The 90 days completion time listed seems unrealistic. Can two NTPs be issued? One to procure materials and a second to start when materials are delivered? Addendum No. 1 Task Order No. LS -08-2021 Boynton Beach Utilities — Pump Station 309 Pump #2 Replacement Response: The Substantial Completion schedule will be revised to 180 days with 30 days Final Completion. However, if needed the completion time may be extended with proper documentation and if mutually agreed upon with the City. DOCUMENTS ATTACHED lcvuiscd II quid III':)OCLflxueiid 'UITIIP SlalJiioin 300 Il,:wUITIu4 #:2 141cIP III ccui °ucu,,°m� lcvuiscd Sll cciaCou,,mduilJoins ScclJiioin 01010 Shclllfllllf II11C CIII lcvuiscd Sll cciaCou,,md'uilJoins ScclJiioin 01025 dll;l Sd11111 illlllll' II" I NVIII SII"'1CC11 Ill dll"'1II;IS lcvuiscd Il)uimo)cct SUDSIaiifl.liial Coiumipll lelJioin 180 CaIeindairs days aind 30 days fouim III u,,, a�� Coiumipll lelJioin If you have any further questions or require additional clarification, please e-mail Taralyn Pratt, Contract Administrator at prattt bbfl.us or at (561) 742-6308. Sincerely, Taralyn Pratt Contract Administrator Addendum No. 1 Task Order No. LS -08-2021 Boynton Beach Utilities — Purnp Station 309 Purnp #2 Replacement The City of Boynton Beach Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 "PUMP STATION 309 PUMP #2 REPLACEMENT" BID No.: LS -08-2021 RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID SUBMITTAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Jeffrey Holst PRINT NAME OF REPRESENTATIVE Florida Design Drilling Corporation NAME OF COMPANY Addendum No. 1 Task Order No. LS -08-2021 Boynton Beach Utilities —Pump Station 309 Pump #2 Replacement �rANAtJAE Of REPRESENTATIVE 8/23/21 DATE The City of Boynton Beach Procurement Services 100 E. Ocean Avenue Boynton Beach, Florida 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 ADDENDUM No. 2 DATE: August 26, 2021 BID TITLE: "Pump Station 309 Pump #2 Replacement" BID NO.: LS -08-2021 This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No.2 shall govern. Question: Follow up question on the response to the first question regarding Bid Item #5 on the addendum. Can the City supply the brands, model numbers and impeller numbers of acceptable 88 HP pumps. Also, note that a "universal' solution that accepts multiple pump brands is not available. Each brand and model specified dictates the base and volute required and, that in turn dictates the concrete pedestal modifications along with any spacers, fittings, etc. to connect the proposed pump to the existing piping. Response: Brands: FLYGT, HOMA Impeller Size - 466 2000 GPM@95TDH 10" Discharge Question: Are we responsible for disconnecting the motor cable for the existing pump? Are we responsible for pulling and terminating the new motor cable? Or is the City electrician able to perform that work? Response: The selected vendor is responsible for disconnecting the motor cable for the existing pump and responsible for pulling and terminating the new motor cable. If you have any further questions or require additional clarification, please e-mail Taralyn Pratt, Contract Administrator at prattt bbfl.us or at (561) 742-6308. Sincerely, Taralyn Pratt Contract Administrator Addendum No. 2 Task Order No. LS -08-2021 Boynton Beach Utilities — Pump Station 309 Pump #2 Replacement The City of Boynton Beach Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 "PUMP STATION 309 PUMP #2 REPLACEMENT" BID No.: LS -08-2021 RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 2 WITH BID SUBMITTAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. leffrey Holst PRINT NAME OF REPRESENTATIVE Florida Design Drilling Corporation NAME OF COMPANY Addendum No. 2 Task Order No. LS -08-2021 Boynton Beach Utilities —Pump Station 309 Pump #2 Replacement Q, �al SIGT OF PRESENTATIVE 8/26/21 DATE A D D E N D A CITY OF BOYNTON BEACH FLORIDA BID TITLE: PUMPING STATION 309 PUMP #2 REPLACEMENT BID TASK ORDER NO.: LS -08-2021 BIDDER: Florida Design Drilling Corp. DATE SUBMITTED: We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: Boynton Beach Utilties and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: G ADDENDUM NO. DATE ADDENDUM NO. DATE 8/23/21 8/26/21 ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID Boynton Beach Utilities — Pumping Station 309 Pump #2 Replacement THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 163 TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Florida Design Drilling Corporation Name of Proposer MRN 71M Siggrature of Proposer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method Not applicable - no trenching in excess of 5' of depth Boynton Beach Utilities —Pumping Station 309 Pump #2 Replacement 164 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE _ CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 Jeffrey Holst , on behalf of Florida Design Drilling Corp. Print Name and Title Company Name that Florida Design Drilling Corp does not: Company Name 1. Participate in a boycott of Israel; and certify 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 Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services 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. Boynton Beach Utilities — Pumping Station 309 Pump #2 Replacement 165 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE _ As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Florida Design Drilling Corp. COMPANY NAME Jeffrey Holst Senior Vice President TITLE Boynton Beach Utilities —Pumping Station 309 Pump #2 Replacement 166 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE _ SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Jeffrey Holst, Senior Vice President Boynton Beach Utilities —Pumping Station 309 Pump #2 Replacement 167 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE WARRANTIES In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314; and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand Boynton Beach Utilities — Pumping Station 309 Pump #2 Replacement 168 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000,00) Dollars for personal injury as shown on the Certificates of such lnsurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to, present such records to the Contractor upon request in the event of a claim, hereunder by the City; 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGN ER,%9aA4e4Rnc1 delivered on this 26 day of August 2021. DRILQ�V, , .......... (SEAL)CON TOR SEAL' 4C April 29, 2005 0 B %Y x- Jeffrg�( Holt, Senior Vice President ATTEST Secretary Nicholas Martini, Vice President Boynton Beach Utilities — Pumping Station 309 Pump #2 Replacement 169 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 315 of 51 ------------------- CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES "TO IIRE CQlWl3l IL.IIE"TIED AND UIII' IIL.OAIDEIQ QII IIL.11llN Project Name: PUMPING STATION 309 PUMP #2 REPLACEMENT RFQ 028-2821-19/MFD PREQUALIFIED CONTRACTORS FOR MINOR UTILITIES Solicitation No.: CONSTRUCTION SERVICES - TASK ORDER LS -08-2021 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, Boynton Beach Utilities — Pumping Station 309 Pump #2 Replacement 170 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a i 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. bi 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. el 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 ("~tame: FlqAa Design Drilling Corp. Authcrized Si natured,, .-- Print Name: Jeffrey do(st ' 6' Title Senior Vice President Date. 81,1612,1 Phone: 561-818-3228 i orii STATE OF Flda COUNTY OF Palm: Beach The foregoing instrument was acknowledged before me by means of 91 physical presence or 0 online notarization this Z( day of August 2021 J�effrey Ho,lst by on behalf of Florida Design Drilling Corp. SpIshe is personaliv known to me or has produced as identification. 9 Jeanine M Alfieri Commission # HH 38472 Commission Expires 091-01-2024 Bonded Through - Cynanolary Florida- Notary Public M M, Jeanine M Alfieri ame of Notary Typed, Printed or Stamped) Human Resources Manager Title or Rank Serial number, if any Boynton Beach Utilities — Pumping Station 3019 Pump #2 Replacement 1171 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE r BID TASK ORDER No. LS -08-2021 SCHEDULE OF SUB -CONTRACTORS The Undersigned Bidder proposes the following major subcontractors 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. Name and Address of Sub- Contract Percentage Contractor Scope of Work License No.: Amount % of Contract Cyber Electric of Central Florida Disconnect and reconnect motor cable EC13002257 $3,500.00 3% 3384 NW 18th St, Okeechobee, FL 34972 Signature aZAd&�& Date: 8/26/21 rey Hoist Title/Company enior Vice President / Florida Design Drilling Corp. 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. Boynton Beach Utilities — Pumping Station 309 Pump #2 Replacement 172 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PRE -QUALIFIED CONTRACTORS FOR MINOR UTILITY CONSTRUCTION SERVICES PUMPING STATION #309 PUMP #2 REPLACEMENT "Offersfmm the vendors listed herein are the QUOTE/BID DUE DATE 8/30/2021 only submittals receivetlfimelyas of the above receiving QUOTE/BID OPENING TIME'. 230 P.M. date and lime. All other offers su bmi[ted In response REQ No.'. 028-2821-19/MFD to this solicibtion, If any, are hereby rejected as late" TASK ORDER d LS -08-2021 VENDORS Florida Design Drilling Corporation 7733 Hooper Road West —Beach. FL33411 Contact 727442-7198 J effrey Holst S--- President Gi.—i Contracting Corporation 1801 NW 18th Street Po Tp—Beach. FL33089 Contact 954-9728104 Jeffery Meinechuk Op—t Manager J.Ih—1,-Davis, Inc. 804 Hlllbrath U— Lantana, FL 33482 Gonta ct 561-588-117D Scott J. Johnson, Precedent Precedent Centerline Utilities, Inc. 2180 SW P.— Drive Pa lm Oity FL 34990 Contact 581-8895917X115 Randy stringer Vice President Quote submittal VES Yes yes Statem en[ of NO BIO Total Project Bid Price $119.000.00 $255.749.00 $275,225 Addenda Acknowledgement No 1 No 2 Y's Y's Y's Y's Trench Safety Act Affidavit N/A -no trenching In excess of 5' of depth Yes Trench Safet ITS 1 -$2.500-$2500-Trench Slop /Bax E-vedfy Foos Under Secfion 448.095, Florida StaWtes Received B Signed Received A slgned Certification Pursuant[. Florida STATUTE § 287.135 Received 8 signed Received 8 signed safety Program G.mpllance signed signed Wa —b's Yes Yes schedule of sub con tractors 's (1) Cyber Electric of C-tr lFlorida 3% of Contact Tri. Development Corp—t., 88%of C. matt Statement of No Bitl N/A N/A COMMENTS: Lowest Ouote Opened and Tabulated By: Taralyn Pratt, 813112021 REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Christopher Roschek TERM: August 7, 2021 to August 6, 2022 SOURCE FOR PURCHASE: RFQ 028-2821-19IMFD ACCOUNT NUMBER: 403 Utilities CIP Accounts VENDOR(S): Johnson -Davis, Inc.; Giannetti Contracting Corp.; FL Design Drilling Corp.; Centerline Utilities, Inc. ANNUAL ESTIMATED EXPENDITURE: $1,550,000 • East and West Water Treatment Plants — $500,000 per year, account: 403-5000-533-65.02 • Wastewater — $400,000 per year, account: 403-5000-535-65.04 • Lift Stations — $600,000 per year, account: 403-5000-535-65.04 • Stormwater — $50,000 per year, account: 403-5000-538-65.09 DESCRIPTION: Piggyback of the current Pre -Qualification of Contractors for Utilities Construction Services contract to Johnson -Davis, Inc.; Giannetti Contracting Corp.; FL Design Drilling Corp.; and Centerline Utilities, Inc. was approved at the 8/6/19 City Commission Meeting and is for a one (1) year term that ends on August 6, 2020. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for August 7, 2021 to August 6, 2022. 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 June 16, 2021 Jeffery Holst, Senior VP Florida Design Drilling Corporation 7733 Hooper Rd. West Palm Beach, FL 33411 VIA EMAIL TRANSMITTAL TO: Teff fldrillina.com BID: PRE -QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES BID No.: 028-2821-19/MFD CURRENT AGREEMENT TERM: AUGUST 7, 2020 —AUGUST 6, 2021 Dear Mr. Holst: The current agreement term for "PRE -QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES" expires August 6, 2021. The agreement documents allow for four (4) additional one (1) year extensions. The City of Boynton Beach would like to extend the bid for its 2nd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services along with the company's update COI via email to Dratttia)_bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, TIOW&4jue4 Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 321 of 510 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 June 16, 2021 BID: PRE -QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES BID No.: 028-2821-19/MFD CURRENT AGREEMENT TERM: AUGUST 7, 2020 —AUGUST 6, 2021 Agreement between the City of Boynton Beach and Florida Design Drilling Corporation. AGREEMENT RENEWAL TERM: AUGUST 7,2021 —AUGUST 6, 2022 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) Florida Design Drilling Corporation NAME OF COMPANY Jeffrey Holst NAME OF REPRESENTATIVE (please print) 6/17/21 DATE jeff@fldrilling.com E -MAI L Senior Vice President TITLE 561-818-3228 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 322 of 510 7.B. Requested Action by Commission: Approve an increase to the estimated annual expenditure of the US Communities Contract # R -TC -17006 with Amazon Business in the amount of $110,000, increasing the estimated annual expenditure from $65,000 to $175,000. Explanation of Request: Current Contract Term: January 19, 2017 - January 18, 2022 On August 4, 2020, the City Commission approved an increase in expenditures for Contract # R- TC -17006 with Amazon Business to $65,000. The City has since combined all department Amazon accounts to one master account to take advantage of discounts the contract offers. The first month in use has generated a combined spending of $9,488.07 and is likely to increase as citywide use increases. Purchases will encompass a wide variety of commodities that pertain to each department's need. How will this affect city programs or services? This will enable the City to access an alternate source for supplies and consolidate City spending under one account. Overall expenditures for supplies and commodities will not increase. Fiscal Impact: Funds are budgeted and available for multiple accounts covering a wide variety of commodities and products for the estimated amount of $175,000. FY 20/21 expenditures to date are $64,000. Alternatives: Not approve increase and obtain quotes after $65,000 threshold. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 323 of 510 Grant Amount: Attachments: Type AddE)indUlirn Description Airnazoin Cointract Page 324 of 510 7/25/2018 Solutions BY SUPPLIER (showan->) BY CATEGORY Facilities Office & School Specialty Technology Main Menu JUMP TO: Solicitations About News & Events Resources Contact Us Shop Education Purchasing Government Purchasing Nonprofit Go Green Program Innovation Exchange Amazon Business Contract I U.S. Communities About & e ource"',", Contact P,�,?,W,)UC1l1S 18f, so,[,U`110G,s CO'G,"Il")�'("�"C'IlI Amazon Business Contract Home > Amazon Business > ,( rQ1,,1 Online Marketplace for the Purchases of Products and Services Lead Agency: Pill W1111111laim County Pull S - III VA Contract Number: IR TC 17006 5,yeah iiiiilitlialltem n-a,)aiiiujairyl9,2017 Jairl2022 01pi to renew for (3) addlitionall (2) year peirilods Contract Contract Updates Contract Amendii 4 added to Contill I Amendments on nilly 21:3, 2018. Postings Nuili of sull Who responded to RIFIP: 12 Posting Iliraffairirm adaim U3,, Conninnuirilitiles: Current So 11 idita t1lo iris Onvila/litair Pirlince W1111111lairri County IPu.alhalllia Schools, VA Canadilain i 111 endeirs State of 11lawaill! and Oregon Oregon Assodlatilon of CouirAlles Dade i Sept 114, 20116 Oct 114, 20116 Sept 114, 20116 Oct 114, 20116 Sept 114, 2016 Oct 114, 20116 Sept 114, 20116 Oct 114, 20116 Sept 114, 20116 Oct 114, 20116 Sept 114, 20116 Oct 114, 20116 U.S. COMMUNITIES I NATIONAL COOPERATIVE PURCHASING PROGRAM Getting Started Why Use U.S. Communities Discounts on Brands wlh,a I QS CONTACT US BECOME A SUPPLIER ABOUT US LEGAL PRIVACY MICRA @ 2018 UIS, Q)M)MUnW*W 11 AN MphLs Rpsvwed, hftp://Www.uscommunities.org/supplierslamazon-business/amazon-business-contractt Contract Documents: I, i I� Ij c II o I, 1 1. 11, 1 R IC,. '1; rr x i::Iin�.,jl IAi I, I rrd I, I, I RFP Documents: 1:I::, 1 I )JI ::Inal I IC'17006 :1",nding :1",nding Over 55,000 agencies trust U.S. Who J","'es 11!"", Glnin rin lnl Page 325 of 511/9 7.C. Requested Action by Commission: Approve Task Order UT -1 E-05 with Gentile Glas Halloway O'Mahoney & Associates, Inc. in the amount of $148,762.10 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 provide design, permitting, bid assistance, and construction administration services for a new EcoPark located in Quantum Park. Explanation of Request: The 60 Acre Park was established in 1988 when the Quantum Park Plat #3 was filed with the County In 2015, the Quantum Park Overlay Development District (QPODD) developed a park master plan in partnership with the City. In 2020, the QPODD transferred the remaining park area to the City to begin the process of developing a passive park for the City. Staff recommends moving forward with phase one of the project which includes the design development, construction documentation, permitting, and bidding. How will this affect city programs or services? The project as proposed will include security, landscaping/irrigation, two (2) bathroom facilities, two (2) open pavilions, four (4) picnic shelters, two (2) proposed docks, and two (2) different types of nature trails. Fiscal Impact: The funds are budgeted and will be taken from 302-4135-572„63-05; IRIP2202 Alternatives: Do not move forward with the design and defer the improvements to a later year. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 326 of 510 Attachments: Type fl'..-isk OrdE)ir Description T,,.--.isk OrdE)r Fliroposal� Page 327 of 510 4"R SCOPE FOR PROFESSIONAL PLANNING AND LANDSCAPE ARCHITECTURAL SERVICES Client: Andrew Mack, Asst. City Manger City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 P H . 561-742-6231 macka@bbf.us Re: Professional Landscape Architectural Services, Architectural Services and Engineering services for the design of Eco Park, located in Quantum Park, between Minor Road and Quantum Park Blvd. in Boynton Beach, FL. Job Name: Eco Park, Boynton Beach Date: June 3, 2021 Rev. July 8, 2021 Job Number: 21-0515 This is to confirm the authorization to the business entity Gentile Glas Holloway O'Mahoney & Associates, Inc., Landscape Architects, Planners, Environmental Consultants (Consultant) for the performance of Professional Planning and Landscape Architectural Services. These services are provided under our annual contract for Landscape Architectural Services RFQ 046-2821-17/TP. The scope of requested services is described herein: 1. Agreement for Services: The Consultant agrees to provide design development, construction documentation and construction administration services to the Client as more fully described in the Scope of Work, and the Client agrees to compensate the Consultant for those services under the terms of this Agreement and RFQ 046-2821-17/TP. The Consultant's services shall be performed in a manner consistent with that degree of skill and care ordinarily exercised by practicing design professionals performing similar services in the same locality, at the same site and under the same or similar circumstances and conditions. The Consultant makes no other representations or warranties, whether expressed or implied, with respect to the services rendered hereunder. A. All other provisions of our existing general consulting services agreement dated August 20th, 2018 shall apply to this authorization of services. B. See Attached Exhibit A for full scope of services. SCOPE OF WORK: The Design Team will take the park from the Concept Design level through construction administration. The existing park will have one (1) additional parking area plus some additional work on the existing parking lot. Services will also include design, construction documentation, bidding and construction administration services for two (2) bathroom facilities, two (2) Pre -Fabricated open pavilions, four (4) picnic shelters, two (2) proposed docks and sections and routing of two different types of trails. The Consultant shall also provide specifications for removal of exotics and landscape and irrigation plans for the new parking lot all as shown on the master site plan provided the Consultant. Excluded: • Government Fees • Identification of and/or abatement design for hazardous materials. • Field verification of existing concealed conditions. • Review of/or upgrades to existing sports lighting. • Changes in design documents due to Value Engineering. • More than one phase during Construction Administration Services. • Off-site road or utility improvements. • Existing wetland impact permitting. • SFWMD Dewatering permit. • Survey • Travel outside of Palm Beach County Page 328 of 510 Eco Park Boynton Beach/ Job No. 21-0515 June 3, 2021, Rev July 8, 2021 Page 2 of 6 LC000177 The Design Team will produce the following documents: 1. Site Plan (guiding document) of park showing the additional parking and site improvements. 2. Landscape Plan for the new parking area, the new trails, and any other reconfigured areas. 3. Tree Determination Plan showing the inventory and direction of any trees affected by the improvements. 4. Civil Engineering — Paving, Grading and Drainage for the new parking area, trails, and walkways. 5. Electrical Engineering — Parking lot Lighting design and Photometrics for the additional parking area, recommendations on the existing lighting, and. 6. Irrigation Plans for the new parking lot. TASK 1: DESIGN DEVELOPMENT: The Consultant Team shall prepare Design Development documents based upon the Client approved Schematic Design by Kimley Horn Engineers. Documents will include a site plan with relevant tabular information, two trail type designs, Architectural plans for two -bathroom facilities, specification of two open pavilions (including foundations and four picnic pavilions, engineering plan with grading and drainage for two new parking areas, parking lot lighting plan and a landscape plan. Plans shall be presented to the Client for feedback and comment. SITE PLAN SUBMITTAL: The Consultant shall assist the Client in preparation of an application for an administrative site plan review for the project referenced above. The following items will be prepared by the Consultant at a level required by the City of Boynton Beach for review: A. Assist the Client in preparing a site plan package including drainage statement, site plan, paving and drainage engineering plans along with landscape plans based upon the Client provided program delineating all the existing and proposed site features as required for the application for site plan review, including up to one (1) revision of the site plan package if applicable, after submission. B. Assist the Client with the preparation of application forms for site plan review. C. Assist the Client in coordination of all responses to requests for additional information by the City of Boynton Beach. DELIVERABLES: Design Development level documents including Site Plan and Landscape Architecture Preliminary Grading, Drainage and Paving Plan Drainage Report Conceptual Lighting Plan & Photometrics if required. Site Plan Application Package submittal and revisions Two Client meetings One set of revisions SCHEDULE: 4 Weeks for Submittal + 60-90 Days for Submittal Processing TASK 2: CONSTRUCTION DOCUMENTATION: The Consultant Team shall prepare construction level plans, elevations, and details suitable for permitting and building of the project. Site, Paving and Drainage, Landscape Plans, Irrigation Plans and Electrical Engineering Plans will be signed and sealed for permit submissions as required. DELIVERABLES: Construction Set of Documents 50% Construction Set of Documents 90% Construction Set of Documents 100% Probable Costs Up to two Client Meetings SCHEDULE: 10 Weeks TASK 3: PERMITTING: The Consultant Team shall prepare and submit for required drainage and engineering permits as may be required. DELIVERABLES: Agency Engineering Permits Agency meetings as may be required. SCHEDULE: 10 Weeks TASK 4: Bidding/Negotiation: Assist the City of Boynton Beach in obtaining bids from General Contractors. K: Company Information � Client Proposals � City of Boynton Beach�Eco Park-Quantum�Eco Park -City of Boynton Beach 21-0FSdF%a7329d6f 510 Eco Park Boynton Beach/ Job No. 21-0515 June 3, 2021, Rev July 8, 2021 03'0 3 of 6 LC000177 DELIVERABLES: Recommendation on Bids and Proposed Contractor to be selected One (1) coordination meeting if required. SCHEDULE: As Needed TASK 5: CONSTRUCTION ADMINISTRATION/SHOP DRAWINGS: The Consultant Team will provide minimal Construction Administrative services to support the Client's Team. The following will be provided: A. One set of minor revisions to Final Construction Plans. B. General Contractor kick off meeting. C. Initial landscape contractor meeting. D. Review and approval/rejection of all trees, on site, prior to planting to affirm grade compliance. E. Site Meetings (maximum 13 visits /Civil Engineer, 4 visits Architect, 10 Landscape Architect). F. Review shop drawings. G. Application for Payment review (Landscape Architect, Civil Engineer). H. Inspections and Tests (Landscape Architect, Civil Engineer). I. Completion of Construction Certifications (Landscape Architect, Civil Engineer). J. Substantial Completion walk-through and punch lists. K. Final Completion walk-through and certification as appropriate. DELIVERABLES: Shop drawing review as needed One set of revisions to 100% Construction Documents SCHEDULE: As Needed TASK 6: ADDITIONAL SERVICES: The Consultant shall provide additional services if requested upon written authorization by the Client under this Agreement. Said services may include, however not be limited, to the following: A. Environmental permitting and/or mitigation planning. B. Mechanical Engineering C. Surveying services, D. Geological and or soil studies and reports. Estimated Fee $12,500.00. E. Impact review processing and documentation. F. Land Use Amendment and Rezoning G. Landscape maintenance program H. Major changes, to the design after Client approval of the conceptual stage, that are not the direct responsibility of the Consultant. I. Additional meetings not covered within this proposal. J. Public Hearings and Presentations other than noted in the proposal. K. Large Scale Site Plan Approval process. Compensation by Client to (2gho, Inc.) Gentile Glas Holloway O'Mahoney & Associates, Inc. for these professional services will be based upon: COMPENSATION A. Compensation for services rendered by the Consultant Team, TASK 1 Design Development shall be a fixed fee of Thirty -Two Thousand Five Hundred Seventeen Dollars and 30/100 ($32,517.30) including reimbursable as below: FIRM FEE 2GHO (Land Planning & Landscape Architectural) $ 8,000.00 Civil Design, Inc. (Civil) $ 12.000.00 Stephen Boruff AIA Architects + Planners Inc. $ 10,390.00 2GHO Coordination (7%) $ 2,127.30 K: Company Information � Client Proposals � City of Boynton Beach�Eco Park-Quantum�Eco Park -City of Boynton Beach 21-0F8SdP2h 7330 d6 510 Eco Park Boynton Beach/ Job No. 21-0515 June 3, 2021, Rev July 8, 2021 04'0 4 of 6 B. Compensation for services rendered by the Consultant Team, TASK 2 Construction Documentation shall be a fixed fee of Sixty -Eight Thousand Eight Hundred Twenty -Two Dollars and 40/100 ($68,822.40) including reimbursable expenses as below: FIRM FEE 2GHO (Land Planning & Landscape Architectural) $ 27,000.00 Civil Design, Inc. (Civil) $ 13,000.00 Stephen Boruff AIA Architects + Planners Inc. $ 24,320.00 2GHO Coordination (7%) $ 4,502.40 LC000177 C. Compensation for services rendered by the Consultant Team, TASK 3 Permitting shall be a fixed fee of Sixteen Thousand Four Hundred Ninety -Nine Dollars and 40/100 ($16,499.40) including reimbursable expenses as below: FIRM FEE 2GHO (Land Planning & Landscape Architectural) $ 3,000.00 Civil Design, Inc. (Civil) $ 11,000.00 Stephen Boruff AIA Architects + Planners Inc. $ 1,420.00 2GHO Coordination (7%) $ 1,079.40 D. Compensation for services rendered by the Consultant Team, TASK 4 Bidding shall be a fixed fee of Four Thousand Five Hundred Ninety Dollars and 30/100 ($4,590.30) including reimbursable expenses as below: FIRM FEE 2GHO (Land Planning & Landscape Architectural) $ 850.00 Civil Design, Inc. (Civil) $ 1,400.00 Stephen Boruff AIA Architects + Planners Inc. $ 2,040.00 2GHO Coordination (7%) $ 300.30 E. Compensation for services rendered by the Consultant Team, TASK 5 Construction Administration shall be a fixed fee of Twenty -Six Thousand Three Hundred Thirty -Two Dollars and 70/100 ($26,332.70) Including reimbursable expenses as below: FIRM FEE 2GHO (Land Planning & Landscape Architectural) $ 10,000.00 Civil Design, Inc. (Civil) $ 9,000.00 Stephen Boruff AIA Architects + Planners Inc. $ 5,610.00 2GHO Coordination (7%) $ 1,722.70 REIMBURSABLE EXPENSES *Reimbursable fees include printing, mailing, local mileage, and long-distance calls are included in the scope. OTHER CONDITIONS: Reimbursable Expenses: N/A 2. Client's Responsibilities: The Client shall be responsible for the following: A. The Client shall provide full information concerning the Scope of Work, shall set forth the Client's objectives, restraints, and criteria. B. The Client shall provide the Consultant with a certified copy of a survey. The Consultant shall rely on the accuracy of this survey in the performance of his work under this Agreement. C. The Client shall provide the Consultant with all other engineering studies, reports and architectural drawings as may be necessary for submission to the local governments having jurisdiction over the development of the property. The Consultant shall rely on the accuracy of these items in the performance of his work. K: Company Information � Client Proposals � City of Boynton Beach�Eco Park-Quantum�Eco Park -City of Boynton Beach 21-0FSdF%a7331.d6f 510 Eco Park Boynton Beach/ Job No. 21-0515 June 3, 2021, Rev July 8, 2021 Pogo 5 of 5 3. Payment for Services: The Consultant shall bill the Client for its services under this Agreement at such times as it shall deem proper. All invoices are due and payable upon receipt by the Client. Interest, at a rate of 1.5% per month, shall accrue on invoices outstanding more than 30 days. The Consultant will stop all work per this Agreement on invoices past due 30 days. Work will not commence until all past due invoices are paid in full. The Consultant assumes no responsibility for damages, financial, physical, or other, because of work being stopped. Termination of Agreement: This Agreement is terminable anytime upon notice of the Client or the Consultant to the other party. Termination of this Agreement, however, shall not relieve the Client of any responsibility for payment for any services performed by the Consultant before receipt of the notice of termination. Extent of Agreement: This Agreement represents the entire Agreement between the Client and the Consultant concerning the Scope of Work and may be amended only by written instrument signed by the Client and the Consultant. In all respects, the laws of the state shall govern this Agreement of Florida and venue concerning any dispute that may arise under it shall be in Palm Beach County, Florida. Limits of Liability: The Consultant or his consultants shall not be liable to the Client for indirect, special, reliance, incidental, consequential, or exemplary damages (other than personal injury damages) arising out of or concerning the performance of the services for this Agreement beyond the amount of fees paid for such services. Pursuant to this section, an individual employee or agent of the Consultant may not be held individually liable for negligence arising out of or concerning the performance of the services for this Agreement. The Consultant shall not be responsible for monitoring site plan approval status beyond the date of approval by the local jurisdiction having authority over the project. (Most site plan approvals expire 18-24 months after final approval.) Miscellaneous Provisions A. This Agreement is governed by the law of the Consultant's Principal place of business. B. This Agreement is the entire and integrated agreement between the Client and The Consultant and supersedes all prior negotiations, statements, or agreements, either written or oral. The parties may amend this agreement only by a written instrument signed by both the Client and the Consultant. C. In the event that any term or provision of this agreement is found to be unenforceable or invalid for any reason, the remainder of this agreement shall continue in full force and effect, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid. D. Neither the Client nor the Consultant shall assign this agreement without the written consent of the other. E. Irrespective of any other term in this agreement, the Consultant shall not be responsible for construction means, methods, techniques, schedules, sequences, or procedures; or for construction safety, or any other related programs; or for another party's failure to complete their work or services in accordance with the Consultant's documents. F. Client agrees to indemnify, defend and hold harmless the Consultant from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys; fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on LC000177 K: Company Information � Client Proposals � City of Boynton Beach�Eco Park-Quantum�Eco Park -City of Boynton Beach 21-0F8Sd%a7332d6f 510 Eco Park Boynton Beach / Job No. 21-0515 June 3, 2021, Rev July 8, 2021 Page d of d account of any damages or losses to property or persons, including injury or death, or economic losses, arising out of the Project and/or this agreement, except that the Consultant shall not be entitled to be indemnified to the extent such damages or losses are found by a court or forum of competent jurisdiction to be caused by the Consultant's errors or omissions. LC000177 G. Should any legal proceeding be commenced between the parties to this agreement seeking to enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such proceeding shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorneys' and expert witnesses' fees, which shall be determined by the court or forum in such a proceeding or in a separate action brought for that purpose. H. The Client and the Consultant waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this agreement. The Consultant's waiver of consequential damages, however, is contingent upon the Client requiring the contractor and its subcontractors to waive all consequential damages against the Consultant for claims, disputes or other matters in question arising out of or relating to the project. I. To the extent that damages are covered by property insurance during construction, the Client and Consultant waive all rights against each other and against the contractors, consultants, agents, and employees of the other for such damages. The Client or Consultant, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them similar waivers in favor or the other parties described in this paragraph. J. The Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of improper maintenance for this Project may result in damage to property and or persons. The Client further acknowledges that, as between parties to this agreement, the Client is solely responsible for the results of any lack of or improper maintenance. K. Nothing in this agreement shall create a contractual relationship for the benefit of any third pa rty. Ownership of Instruments of Service: Drawings, specifications, and other documents, including those in electronic form, prepared by the consultant and the Consultants Sub -consultants are Instruments of Service for use exclusively to this Project. The Consultant and the Consultants Sub -consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. Retainer: The Client shall pay a retainer in the amount of Zero Dollars ($0.00) upon commencement of services or authorization of additional work under this Agreement. Said retainer shall be credited to the last invoice for service. Confirmation Order City of Boynton Beach Gentile Glas Holloway O'Mahoney By: Name Title Date: & Associates, Inc. (Consultant) George G. Gentile, FASLA, PLA LEED AP®BD+C Title: Sr. Partner/President Date: June 3, 2021 K:�Company Information � Client Proposals � City of Boynton Beach�Eco Park-Quontum�Eco Park -City of Boynton Beach 21-0P 8S Fe&�733D3dof 510 7.D. Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for October 5, 2021 - "Request for Extensions and/or Piggybacks Over $100,000." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to 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). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM Rehrig Pacific Purchase of Waste Piggy -Back RFP November 1, Annual Estimate Company Carts, Recycling 00254 Miami -Dade 2021 to October Expenditure Carts, Bins and County Agreement 31, 2026 $175,000 Related Products and with OMNIA Services Morton Salt, Inc. Sodium Chloride, Piggy -Back IFB 19- September 11, Annual Estimate Solar Salt Quality, 069/MB Palm 2021 to Expenditure Purchase and Delivery Beach County September 10, $200,000 of, Term Contract 2022 Konica Minolta Individual Departments Piggy -Back State of January 1, 2022 City -Wide Copier Leases from Florida Contract to December 31, Departmental Konica Minolta 44000000-NASPO- 2022 Lease Usage 19 -ACS 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: Cirnicrvir Plnn Annlirniinn- Page 334 of 510 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Attac[unc.:Nnt Attac[unc.:Nnt Attac[unc.:Nnt Attac[unc.:Nnt Description : � ReqUest f(..)ir E.: lid E.:..:.xtensbns oveir $100K Ren(..,.wail (..)f Riggy E.3ackAgirewnc.:Nnt Airnc.:Nndirnc.:Nnt �No,28 Rehirig Padific Coirnpany Ilnc, 2021 2022 Pdi�n E.3each COUnt lRena.swdill I etteirImoirk.)n SaR 2021 2022 Ren(..,.wail Konica Mindta I SP('.) agirewnc.:Nrlt Page 335 of 510 REQUESTING DEPARTMENT: Public Works — Solid Waste DEPARTMENT CONTACT: Adrianna Greco-Arencibia TERM: November 1, 2021 to October 31, 2026 SOURCE FOR PURCHASE: Piggy -Back Miami -Dade County RFP 00254 ACCOUNT NUMBER: 431-2515-534.52-74 VENDOR(S): REHRIG PACIFIC COMPANY ANNUAL ESTIMATE: $175,000 DESCRIPTION: On October 6, 2020 City Commission approved Resolution No. R20-113, the piggy -back of Miami -Dade County, Department of Solid Waste Management and Rehrig Pacific Company Agreement with OMNIA. The agreement is for the purchase of injection molded mobile refuse containers, which enables the Public Works Department to meet the immediate and ongoing demand for injection molded mobile refuse container services for residences throughout the City. REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Brian Heller TERM: September 11, 2021 to September 10, 2022 SOURCE FOR PURCHASE: Piggy -Back Palm Beach County IFB 19-069IMB ACCOUNT NUMBER: 401-2811-536.52-35 VENDOR(S): MORTON SALT, INC. ANNUAL ESTIMATE: $200,000 DESCRIPTION: On October 1, 2019 City Commission approved the piggy -back of Palm Beach County for Sodium Chloride, Solar Salt Quality, Purchase and Delivery of, Term Contract. The initial contract term was for twelve (12) months September 11, 2019 to September 10, 2021 with the option to renew for four (4) additional twelve (12) month periods. Approve the contract renewal which was renewed September 11, 2021 to September 10, 2022. REQUESTING DEPARTMENT: City Wide DEPARTMENT CONTACT: TERM: January 1, 2022 to December 31, 2022 SOURCE FOR PURCHASE: Piggy -Back State Contract No. 44000000-NASPO-19-ACS ACCOUNT NUMBER: Various City Departments VENDOR(S): KONICA MINOLTA ANNUAL ESTIMATE: DESCRIPTION: On September 25, 2020 City Commission approved the piggy -back of the State of Florida Agreement No. 44000000-NASPO-19-ACS Konica Minolta Business Solutions USA Inc. for Copiers and Managed Print Services to lease copiers including supplies for City Departments. Approve the contract renewal January 1, 2022 to December 31, 2022. Miami -Dade County Amendment No. 28 Contract No. RFP -00254 AMENDMENT NO. 28 TO: Miami -Dade County, Department of Solid Waste Management Rehrig Pacific Company U.S. Communities Purchasing Alliance Participating Public Agencies FROM: Alonzo Joseph Procurement Contracting Officer III Contract Number: RFP -00254 Contract Title: Waste Carts, Recycling Carts, Cart Parts, Bins and Related Products and Services This Amendment No. 28 is and does become a part of the above referenced contract: In accordance with Article 5. CONTRACT TERM of the subject contract, the County has chosen to exercise its option to renew this contract for a period of five (5) additional years. The option to renew five (5) year period will start November 1, 2021 and expire on October 31, 2026. All terms, covenants and conditions of the original Contract and any supplemental agreements issued theretoshall remain in full force and effect, except to the extent herein specifically amended. 1 of 1 Page 337 of 510 Purchasing department 50 South Military Trail, Suite 110 West Palm Beach. FL 33415-3149 (561) 616-6800 FAX: (561) 242-6744 %"vw. pbcgov.cotnrpu rchasing El Paint Beach County Board of County Corumissioners Dave Kerner. Mayor Hobert S. Weinrol,h, Vice Mayor Maria G. Marino Gregg K. Weiss Maria Sachs Melissa McKinlay Mack Bernard County Ndministrator Verdenia C. Baker "Arra Equal Opportutifty Affirnuative Action Employer" printed on sustainable and racyclod pajoer Form L August 31, 2021 Morton Salt, Inc. Lisa Petramala, Sales Manager 444 West Lake Street, Suite #3000 Chicago, IL 60606 TERM CONTRACT # 19069E Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners ("County") is entering into a Term Contract with your company for Sodium Chloride, Solar Salt Quality, Purchase and Delivery of based on. [XI in X RENEWAL OF CONTRACT based on SOLICITATION - 91 B accordance with all original terms, conditions, specifications and prices with no deviation. The term of this contract is 0911112021, through 09/10/2022 and has an estimated dollar value of $1.040.850. If applicable, Vendor shall maintain all Insurance coverage(s) throughout the entire term of the contract, including any renewals or extensions thereof. County User Departments will issue individual "Delivery Orders" against this contract as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 XY030305000000001111). A copy of the Invoice may be sent to the County User Department. • Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TINIFEIN Number on the Vendor's bidlquotelresponse must be exactly the same as it appears on the invoice and in the County's VSS system that can be accessed at htt s:// l cyss ,co. alm-beach,fl.us/webap /vssWtSelfSep ice. Failure to comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Marva Brown at mbrown@pbcnov.ora or (561) 616-6815. Sincerely, Kathleen . Scarlett Director c: Vernetha Green, Water Utilities Department File Page 338 of 510 DocuSign Envelope ID: DD15F589-8459-459C-88BF-A9F87D02949F MASTER AGREEMENT AMENDMENT Amendment # 1 1 Master Agreement # 140597 1 Amendment CMS # 170827 1. PARTIES This Amendment to the above -referenced Master Agreement ("Contract") is entered into by and between Konica Minolta Business Solutions USA Inc. (hereinafter called "Contractor"), and the State of Colorado, acting by and through the Department of Personnel & Administration, State Purchasing & Contracts Office (hereinafter called the "State"), and collectively referred to as the "Parties." 2. EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Contractor for any performance hereunder including, but not limited to, costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. FACTUAL RECITALS The Parties entered into a Master Agreement effective August 8, 2019, that authorized Participating States to execute Participating Addenda with the Contractor for Copiers and Managed Print Services, as set forth in the NASPO ValuePoint Master Agreement, Contract number 140597. 4. CONSIDERATION The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Amendment. 5. LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments thereto, if any, remain in full force and effect except as specifically modified herein. 6. MODIFICATIONS Per Section 1.4.2 of the Master Agreement, this Amendment shall extend the Contract for an additional term, beginning on January 1, 2022, and ending on December 31, 2022. 7. START DATE This Amendment shall take effect on January 1, 2022. 8. ORDER OF PRECEDENCE Except for the Special Provisions, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Master Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT CONTRACTOR Konica Minolta Business Solutions USA Inc. Kristen McKenna By. �e Title • � i,t�� rw� �� T� r F I , �V &uuv� E54 o _. Signature 8/4/2021 Date: STATE OF COLORADO Jared S. Polis, Governor Department of Personnel and Administration Kara Veitch, Executive Director 5DacuSigned by: 6l w By: John Chapman, tate`u c asii ng ager Date: 8/4/2021 ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State contracts. This Amendment is not valid until signed and dated below by the State Controller or delegate. STATE CONTROLLER oocusignedby: Robert Jaros, CPA, MBA, JD ,etc. By: Date: - V- ... 8/4/2021 Page 339 of 510 7.E. Requested Action by Commission: Approve an increase of $42,000 with Brenntag Mid -South, Inc., for the purchase of Sodium Hydroxide, utilizing the City of Boynton Beach Bid No. 015-2821-19/IT. This will bring the total approved expenditure to $210,658. Explanation of Request: On February 16, 2021 the City extended bid No. 015-2821-19/IT purchasing Sodium Hydroxide (Liquid Caustic Soda) for an estimated amount of $139,000. Liquid Caustic Soda (Sodium Hydroxide) is used at the West Water Plant to provide drinking water at a suitable pH through the treatment process. Approval of the additional $42,000 will cover the outstanding invoices for FY 20-21. How will this affect city programs or services? The chemicals are needed to ensure drinking water meets the standards of the Safe Drinking Water Act. Fiscal Impact: The funds requested are budgeted in account number 401-2811-536-52.35 for Process Chemicals. Alternatives: None Strategic Plan: Public Health and Safety Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Brenntag Mid -South, Inc. Start Date: 3/20/2021 Page 340 of 510 End Date: 3/19/2021 Contract Value: $210,658 Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Type D Cointract Description City of BoyintoinBE�,ach Cointiract withBir'EsIlnintag Mid SOLAth Ilinc- Page 341 of 510 7.G. Consent Bids and Purchases Over $100,000 2/16/2021 City of Boynton Beach :µ Agenda Item Request Form Commission Meeting Date: 2/16/2021 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggy -backs for the procurement of services and/or commodities as described in the written report for February 16, 2021 - "Request for Extensions and/or Piggybacks Over $100,000." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to 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). VENDOR(S) DESCRIPTION SOLICITATION RENEWAL AMOUNT OF NUMBER TERM SOLICITATION Brenntag Sodium Hydroxide 015-2821-19/IT MARCH 20, $139,000 Mid -South (Liquid Caustic 2021 THRU Annual Soda) MARCH 19, i Estimate 2022 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: Budgeted 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: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Letter D Letter D Letter Description Request for Extension Signed Renewal Letter 2019 -Agenda Item Cover Sheet https://boyntonbeach.novusagenda.com/AgendaintranetICoverSheet.aspx?ltemlD=8762&MeetinglD=391 1/1 Page 342 of 510 REQUESTING DEPARTMENT, Utilities DEPARTMENT CONTACT- Joseph Paterniti TERM. March 20, 2021 thru March 19, 2022 SOURCE FOR PURCHASE. City Bid. 015-2821-19//T ACCOUNT NUMBER: 401-2821-536-52-35 VENDOR(S): BRENNTAG MID -SOUTH ANNUAL ESTIMATED EXPENDITURE: $139,000. DESCRIPTION. This awarded bid for sodium hydr renewal year. oxide (Liquid Caustic Soda) will be entering the second Sodium hydroxide is added to the system to neutralize the corrosive and noxious odors associated with the release of hydrogen sulfide into the atmosphere. The addition of the sodium hydroxide raises the pH which prevents scaling in the pipelines to the consumer. Page 343 of 510 Page 344 of 510 The City of Boynton Beach INVITATION TO BID FOR ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID No.: 015- 821-19IIT Sealed bids will be received in PURCHASING SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426 on or by: Februa 25 2019• No Later Than 2:30 P.M. Local Tlme . Bids will be opened in: PROCUREMENT SERVICES -CITY HALL unless otherwise designated. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that a bid can be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Sealed bids or proposals received by the City in response to an 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 proposal/bid, whichever is sooner. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records 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, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. Page 345 of 510 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 from the time of advertisement and shall remain in effect until Council 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. Any questions relative to any item(s) or portion of this bid should be directed to (lyse Triestman, Purchasing 9 p ( ) .. i bbfl.us Manager; Telephone: 581 742-6322 E-mail: triestman,�.. SCOPE OF BID: The City of Boynton Beach Utilities Department is seeking a firm price, per dry ton, for the purchase of Sodium Hydroxide to be used at the West Water Treatment Plant located at 6469 W. Boynton Beach Blvd., Boynton Beach, Florida. The bid term is for a period of one year, with the option to renew for three (3) one-year terms. Contact: City of Boynton Beach Purchasing Services 3301 Quantum Boulevard, Suite 101 Boynton Beach, FL 33426 llyse Triestman, Purchasing Manager (661) 742-6322 or trtesaniftbfl,us Office Hours: MONDAY — FRIDAY, 8:00 A.M. TO 6:00 P.M. CITY OF BOYNTON BEACH TIM W. HOWARD ASSISTANT CITY MANAGER — ADMINISTRATION Page 346 of 510 INVITATION TO BID FOR ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID No.: 075-2821-19/IT Section 1— SUBMITTAL INFORMATION A. The City of Boynton Beach will receive bid responses until Feb uar 2§,1019 at 2:30 Pµfill. LOCAL TIME in Purchasing Services located at City Hall, 3301 Quantum Blvd., �..,.... Suite 101, Boynton Beach, FL 33426 B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their bid response deliverer! to ?urchgsln i„ Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. Bid responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the bid and prior to the award being made. C. If any addendum(s) are issued to this Bid, the City will attempt to notify all prospective bidders who have secured same, however, it shall be the resp orisibilil of each bidder„ .prior to submitting he bid response., to contact the City Procurement Services at (561) 742-6322 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their bid response. D. One (9) origi al so me lied ohe 'I co les and 1 electronic c of the bid response shall be submitted in one sealed package clearly marked on the outside "INVITATION a i�J C}l"t ANNUAL URf?IsY OF SODI I°IYC 8 IDE" to: City of Boynton Bo Bea m. — ych, Purchasing Services, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 E. Responses shall clearly indicate the le al wn" me address and tele hone number of the bidder (firm, corporation, partnership or individual). Responses shall be signed above the teed _pr. rinted name and title of the signer. The signer shall have the authority to contractually bind the proposer to the submitted bid. Bidder must note their Federal I.D. number on their bid submittal. Page 347 of 510 GENERAL CONDITIONS FOR BIDDERS FAMILIARITY iNITH LAV1lS: 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. 8lD 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. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. 9XECQT19M,,,QF PID Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. MINOR jRREGULARITIES/RIGHT TO REJECT: Bidders are expected to examine the specifications, delivery schedules, bid price�i-`and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. The City of Boynton Beach reserves the right to waive irregularities or informalities in Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest of the City. The City may reject any response not submitted in the manner specified by the solicitation documents. Page 348 of 510 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; 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. 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. . N A _ Bidders must furnish all information INFORMATION AND DESCRIPTIVE I�tTERATl1Rl=; 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. INTEfPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries must reference the date by which the bid is to be received. _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. AMITION I_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". 86MPLE& 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 Page 349 of 510 A-LTERNATES: 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 unqu lified right to determine whether any particular itemor items of material, equipMent, or the likes,, is an approved r equal, and reserves the 0q'lified right to a final decision pua rrding the approval or rejection of the same. Item, s May be tested for compliance t, ..sting la'bora torlies. Thd-dtft deflOad -from ic records, and open to examinati I onthar6to in acco ane with chapter 119, Florida tes. Items delivered not confo in to Page 350 of 510 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. 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. ,NTITRV T CAU E Q .AC r ON: 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. GOVERNMENTALRESTRICTIONS: 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 submittal 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. LE - LREQUIREMENTS, 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. PUBLIC ENTITY CRIMES: As provided in Fla. Stat. § 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and my not transact business with any public entity in excess of the threshold amount provided S.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. -ADV, ETI.SING� 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". AS, QNh N7: 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. UABILITY: 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 Page 351 of 510 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) dads 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. QPTIQN. awarded a cont act as result of the solicitation, if bidderhassufficient capacity a bidder is ANTAL AGENCIE ity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF GONTRACT: 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. 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. 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. )8 ARRANTY REQUIREMEI' m1 . 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 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. PIS CES.... 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 Page 352 of 510 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 using department 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 equipmentfservice 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. TIME OF DELIVERY: 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 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. COMPLIANCE WITH OQCUPATLNAL SAFETY AN[]��IEALTH; 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 bome 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. PALM BEACH COUNTY INSPCTOF GNERAL: 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 Page 353 of 510 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. PUBLIC REC)RDSublic exempt from r Sealed documents received by the City in response to an invitation are . p p ecords 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 RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 QUANTUM BLVD., SUITE 101, BOYNTON BEACH, FL 33426 561-742-6061 PYLEJ@BBFL.US QUE TIONS,, Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to 11 tst Triestrrtan Iiurch iin IV[ana er IUtonda tflrou l Friia:DO AX to 6:00 P.M. at 1681) 7,0-922` - 1=�mnil tri"afm.n m1%1%s1 11a M. - to Page 354 of 510 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. SCRUTINIZED COMPANIES - 287.135 and 2,1.5.473 By submission of this Bid, Proposer certifies that Proposer 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. Solicitation responses of $1 million or more must include the attached Scrutinized Companies form to certify that the Proposer is not on either of those lists. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 11 Page 355 of 510 SPECIAL TERMS AND CONDITIONS PURPOSE: It is the intent of this solicitation to obtain firm, fixed prices per dry ton for the purchase and delivery of Sodium Hydroxide (liquid caustic soda) TERM OF CONTRACT: The initial term of the contract awarded shall be for one (1) year from the effective date of the contract and by mutual agreement between the City and the awardee(s), may be renewable for three (3) additional one (1) year periods. The City reserves the right to exercise the option to renew annually. The City reserves the right to extend automatically for a period not to exceed an additional twelve (12) months in order to provide the City with continual service while a new contract is solicited, evaluated and/or awarded. PRICE ESCALATION/DE-ESCALATION. The City of Boynton Beach will allow a price escalation/de-escalation provision within this award. The original bid prices shall be firm for a 1 -year minimum period. A price escalation/de- escalation will be allowed 1 year after the beginning of the award period and at 1 -year intervals thereafter, provided the Awardee notifies the City of Boynton Beach, in writing, of the pending price escblation/de-escalation a minimum of 60 days prior to the effective date of the price escalation/de=escalation. The price escalation percentage change shall not exceed the previous 1 -year's percentage change of the Consumer Price. Index for All Urban Consumers (CPI -U) published by the U.S. Department of Labor's Bureau of Labor Statistics. Failure to comply with these instructions shall be grounds for disallowance of a price escalation as allowed herein. If, at the point of exercising the price escalation provision, market media indicators show that the prices have decreased, and that the Awardee has not passed the decrease on to the City of Boynton Beach, the City reserves the right to place the Awardee in default and cancel the award. BASIS OF AWARD: It is the intent of the City to award the bid to the lowest responsive and responsible bidder. Once opened, the bids will be tabulated and evaluated by the City before recommendation and/or notice of intent to award. The City, in its sole discretion, reserves the right to accept or reject any or all bids for any reason whatsoever. 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 advantage Arad in the best interest of the t. T11e City shall be the sole judge of the bids and the City's decision shall tie final. 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 tare start of any work on City property. Said_ insured companies most 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. 12 Page 356 of 510 INVITATION TO BID FOR ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID No.: 016-2821-19AT SPECIFICATIONS AND TECHNICAL REQUIREMENTS It is the intent of this solicitation to obtain firm, fixed prices per dry ton for the purchase and delivery of Sodium Hydroxide (liquid caustic soda) A. PHYSICAL AND CHEMICAL PROPERTIES Liquid Caustic Soda supplied shall conform to all applicable AWWA/ANSI Standards, latest revisions, including AWWA Standard B501-88. A representative analysis of the Liquid Caustic Soda being provided must be included as part of the bid submittal. 1. Liquid Caustic Soda supplied under this specification shall be Rayon Grade Sodium Hydroxide. The awarded vendor will be required to ship the Sodium Hydroxide as liquid caustic soda. The Liquid Caustic Soda supplied shall be clear and free of any foreign substances or particulate matter. 2. The strength of the Caustic Soda solution shall be based upon the available Na20 (Sodium Oxide) content as determined by AWWA Standard B501-88, latest revision. Test Item & Limit Unit Reference LCP Test Condition Method Sodium Hydroxide 49.00 — 51.00 % ACS 1.17 (NaOH) Sodium Oxide (Na20) 38.00 — 39.50 % ACS 1.17 Sodium Carbonate 0.02 Max % ACS 1.15 (Na2CO3) Sodium Chloride 0.004 % CCS 1.15 (NaCl) Sodium Sulfate 0.01 % SCS 5.01 (Na2SO4) Iron (Fe) 4.0 PPM ICS 2.06 Mercury (Hg) 0.5 PPM MCS 3.07 B. NSF CERTIFICATION REQUIREMENT The Bidder shall provide proof with its bid submittal that the Liquid Caustic Soda to be provided is approved for potable water treatment and meets the National Sanitation Foundation Standard 60, If not submitted with the bid, the bidder must submit the documentation within three (3) business days after request from purchasing services. If not submitted within requested timeframe; the bid submittal may be deemed non-responsive. With its bid submittal, the bidder should submit a certificate of compliance and a certificate analysis from the manufacturer, as to the composition of the product. If not submitted with the bid, the bidder must subNt the documentation within three (3) business days after -request from purchasing services. If not submitted within requested timeframe, the bid submittal may be deemed non-responsive. 13 Page 357 of 510 With its bid submittal, the bidder should submit a Material Safety Data Sheet (M.S.D.S.) on the product offered. If not submitted with the bid, the bidder must submit the documentation within three (3) business days after request from purchasing services. if not submitted within requested timeframe, the bid submittal may be deemed non-responsive. C. DELIVERY AND LOCATIONS Deliveries of. Liquid Caustic Soda shall be made by truck to any designated City of Boynton Beach facility location throughout the Utilities Department service area. Currently the location is: West Water Treatment Plant 6469 W. Boynton Beach Blvd. Boynton Beach, Florida 33437 1. Deliveries shall be made within seven (7) days of placing an order by Awardees carrier tank truck to the delivery location. All deliveries shall be made between the hours of 7:OOAM and 4:0013M, Monday thru Friday, with the exception of holidays, unless prior arrangements have been rhade. All standard safety procedures must be followed during the unloading process. 2. The Awarded vendor is solely responsible for pumping Liquid Caustic Soda into the City's storage tanks and shall provide all necessary hoses, fittings, pumps, etc. required to efficiently and safely fill the designated tanks. D. QUANTITIES It is estimated that approximately 115,000 gallons (1,467,400 lbs.; or 367 dry torts) of 50% NaOH.of 50% Liquid Caustic soda shall be provided on an annual basis under this `bid. The quantity.specified is to be used for cast estimating purposes only and the .City of Boyritcn Beach reserves the right to increase or decrease quantities used without penalty. The City anticipates deliveries will be a twenty (20) ton miriirrfurn load (3,135 gallons). 14 Page 358 of 510 INVITATION TO BID FOR ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA) BID No.: 015-2821-1911T Date: )._.i n C� We the undersigned, as Bidders, hereby declare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows. ESTIMATED QTY UNIT DESCRIPTION UNIT PRICE TOTAL PRICE 367 DRY TONS SODIUM HYDROXIDE$ J ` 4 0 0 $. .. AS PER SPECIFICATIONS i COMPANY NAME DD AU -Mag 9323 TELEPHONE NUMBER E-MAIL ADD ESS PRINTED NAME __._W.... iii �.W. W r 15 Page 359 of 510 � � 16 Page 360 of 510 Attachment "A" City of Boynton Beach Risk Management Department. IAf519FtANGE AI VIS I Y 1= ' Under thc.terms and conditions of all contracts, leases, and agreements, the City requires appropriate eoverages listing the City of Boynton I3eacli as Additional Insurer]. This is done by providing a Certificate of lnsttrarti a listing the City as "'C'.ertiiiiate Holder" and "� the City of Btiynton Beach is Additional Insuix+d as fs}7ei to coxcrages noted:"'Insurance companies providing insurance coverages must have a current rating by A.M. Best Cu. of "B+" or Nglien .( 07'r,: lir. izsirrurrce erixi#iael ar binder »tuia be sic epferl as prDvf of r,'+4vyrance if C'crtifrcrale is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, !t 0ces, etc_ and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) 1L4INI11?UM LLkLIT t1ljtg General Liability General Aggregate ^~+ $ 11000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit $ 500,000.00 Any Auto All Owned Autos Bodily Injury (per person) to be determined Scheduled Autos Bodily Injury (per accident) to be determined Hired Autos Property Damage to be determined Trailer Interchange $ Non -Owned Autos 50 000.00 ' PIP Basic Intermodal __-__,_.-------�_.....__,____,.._-�__......----------_..w.__r::_...,___�-----....rte._-----•-----.,,....�_ Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Garage Keepers Liability Other Than Auto Only $ 100,000.00 Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Excess Liability Umbrella Form Each Occurrence to be determined Aggregate to be determined —__--- Worker's Compensation ------------ --_-___�.. ~Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300 000.00 Builder's Risk ' Limits based on Project Cost Other - As Risk Identified to be determined 16 Page 360 of 510 BIDDER ACKNOWLEDGEMENT Submit Bids to: PURCHASING SERVICES 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 Telephone: (561) 742-6310 Bid Title: "ANNUAL SUPPLY OF SODIUM HYDROXIDE (LIQUID CAUSTIC SODA)" Bid Number: 016-2621-19/IT Bid Due: February 25, 2019, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City.a., Name of Bidder: ,"" I w'�°j I Federal I.D. Number: A Corporation of the State of: Area Code: �00 Telephone Number: 100"16.1121 3 Area Code: FAX Number: Mailing Address: City/State/Zip: Vendor Mailing Date:. ( Q E -Mail Address: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE nature 17 Page 361 of 510 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of County of-L_ry that: being first duly sworn, deposes and says 1) He is S of ��� (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 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, firm 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, firm 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 the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached 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 ZI day of ' 20 (Signed)... (Title) i W ' �'N ,• ,4ht S � GrWM vp►M7 My commission expires m „ (� ��; .� #QOM EXPIRE&SwIm6w 11, 2= MnaeOT�n, rP+ac�. THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE is Page 362 of 510 ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly swom, depose and say that no portion of the sum herein bid 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 firm or by an officer of the corporation. ........ . ��_ By: S4NAEURE..,. this orn an subscribeday of ore me jDb{'. ,20 NOTARY PUBLIC, State of Florida at Large MYCOMMM00022M K iMfi "OFFICIAL NOTARY SEAL" STAMP Printed Information: C I NAM 1: 1, 1.1...j� OPM,09%5011011 =91IR 0 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 363 of 510 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 with your bid proposal sheet making it an. official part of your bid response. Is your company a Minority Owned Business? X Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER ( ) NOT APPLICABLE (specify) Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification DateW of Certification,Il e THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 364 of 510 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specked in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that fir co plies fully with the above requirements. en 's Signature 21 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 365 of 510 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT 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 this contract, 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. µ CON dC OR NAME Date: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 22 Page 366 of 510 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, „„„, the of (Name of officer of company) (Title of officer of company) located at , (Name of Corporation/Company) (Business Address) Certify that 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: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? 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. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Establish, t.Or Active: Verified by: Date: 23 Page 367 of 510 �''A STATUTE § 287.135 I, , on behalf of certify Print Name and Title Company Name that t - A � M, does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount 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 over $1,000,000.00 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 Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the. Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted 24 Page 368 of 510 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. l COMPANY NAME SIGN TURE PRINT NAME TITLE 25 Page 369 of 510 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: 1 WE, the SUPPLY OF ODIUM HYDROXIDE to bid on your Bid No.: s AUSTIC SODA)" because to "ANNUAL undersigned reasons. � the following Specifications too "tight; i.e., geared toward brand or manufacturer only (explain below) Insufficient tiMeio respond to the Invitation to Bid We do 61, offer this product or an equivalent ,/�, qpr product schedule would not permit us to perform 0 YI' e. � p Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: 26 Page 370 of 510 MEMORANDUM TO: To Whom It May Concern FROM: Corey Roberts DATE: April 16, 2018 SUBJECT: Authority to Sign This is to advise that Ray Sibbitt, in his capacity as District Manager, has authority to sign the Bid Documents on behalf of Brenntag Mid -South, Inc. Corey Roberts, VP Operations State of Kentucky County of Henderson... SST Subscribed and sworn to before me by Corey Roberts, personally known to me, on this the 13th day of April, 2018. Sandra L. Littrell, Notary Public My Commission Expires: 1122122 Brenntag Mid -South, Inc. 1405 Highway 136 West (42420) PO Box 20 Henderson, KY 42419-0020 Page 371 of 510 E r 'f7° RMF I. Identification Product identifier Other means of identification Recommended use Recommended restrictions SAFETY DATA SHEET SODIUM HYDROXIDE 60% MEM None. ALL PROPER AND LEGAL PURPOSES None known. Manufacturer/importer/Supplier/Distributor information Manufacturer Company name Brenntag Mid -South, Inc. Address 1405 Highway 136, West Henderson, KY 42420 Telephone 270-830-1222 E-mail Not available. Emergency phone number 800-424-9300 CHEMTREC 2. Hazard(s) identification Physical hazards Health hazards Environmental hazards OSHA defined hazards Label elements Signal word Hazard statement Precautionary statement Prevention Response Storage Disposal Hazard(s) not otherwise classified (HNOC) Supplemental information Not classified. Skin corrosion/irritation Serious eye damage/eye irritation Not classified. Not classified. ®r, Danger Category 1 Category 1 Causes severe skin burns and eye damage. Causes serious eye damage. Do not breathe mist or vapor. Wash thoroughly after handling. Wear protective gloves/protective clothing/eye protection/face protection. If swallowed: Rinse mouth. Do NOT induce vomiting. If on skin (or hair): Take off immediately all contaminated clothing. Rinse skin with water/shower. If inhaled: Remove person to fresh air and keep comfortable for breathing. If in eyes: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do. Continue rinsing. Immediately call a poison center/doctor. Wash contaminated clothing before reuse. Store locked up. Dispose of contents/container in accordance with local/regional/nationaVinternational regulations. None known. 50% of the mature consists of component(s) of unknown acute oral toxicity. 50% of the mixture consists of component(s) of unknown acute inhalation toxicity. 3. Composition/information on ingredients Mixtures Chemical name _ _Common name ands non ems CAS number % SODIUM HYDROXIDE NA(OH) - 1310-73-2 50 WATER 7732-18-5 50 •Designates that a specific chemical identity and/or percentage of composition has been withheld as a trade secret. Material name: SODIUM HYDROXIDE 50% MEM sos us 772282 Version #: 15 Revision date: 09-05-2018 Issue date: 05-03-2018 Page 372'o/?510 4. First-aid measures Inhalation Move to fresh air. Call a physician if symptoms develop or persist. Skin contact Take off irerraediately all contaminated clothing. Rinse skin with water/shower, Call a or emergency procedures .physician poison control center immediately. Chemical burns must be treated by a physician. VV_*sh contaminated clothing before reuse. Eye contact immediately flush eyes with plenty of water for at least 15 minutes, Remove contact lenses, if Methods and materials for present and easy to do, Continue rinsing, Call a physician or poison control cell#s'r ittlrxlediately. Ingestion Call a physician or poison control cuter immediately. Rinse mouth. Do not induce vomiting. If vomiting occurs, keep head law so that stomach content doesn't"got into the lungs. Most important Burning pain and severe cotibblve skin damage, Causes serious eye damage, Symptoms may symptoms/effects, acute and include stinging, tearing, redness, swelling, and blurred vision. Permanent eye damage including delayed blindness could result. Indication of immediate Provide general supportive measures and. treat symptomatically. Chemical bums: Flush with water medical attention and special immediately. While flushing, remove clothesvyhich da not adhere to affected area. Call an treatment needed ambulance. Continue flushing during transport to hospital. Keep victim under observation. Symptoms may be delayed. General information Ensure that medical personnel are aware of the material(s) involved, and take precautions to protect themselves. 5. Fire fighting measures Suitable extinguishing media Water fog. Foam. Dry chemical powder. Carbon dioxide (CO2). Unsuitable extinguishing Do not use water jet as an extinguisher, as this will spread the fire. media Specific hazards arising from During fire, gases hazardous to health may be formed. the chemical Special protective equipment Self-contained breathing apparatus and full protective clothing must be wom in case of fire. and precautions for firefighters Fire fighting Move containers from fire area if you can do so without risk. eq uipmentlin structions Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. General fire hazards No unusual fire or explosion hazards noted, 6. Accidental release measures Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spill/leak. Wear protective equipment and appropriate protective equipment and clothing during clean-up. Do not breathe mist or vapor. Do emergency procedures not touch damaged containers or spilled material unless wearing appropriate protective clothing. Ensure adequate ventilation. Local authorities should be advised if sign'iflcantspillages cannot be contained. For personal protection, see section 8 of the SDS. Methods and materials for Large Spills: Stop the flow of material, if this is without risk. Dike the spilled material, where this is containment and cleaning up possible. Absorb in vermiculite, dry sand or earth and place into containers. Following product recovery, flush area with water. Small Spills: Wipe up with absorbent material (e.g, cloth, fleece). Clean surface thoroughly to remove residual contamination. Never return spills to original containers for re -use. For waste disposal, see section 13 of the SDS, For waste disposal, see section 13 of the SDS. Environmental precautions Avoid discharge into drains, water courses or onto the ground. 7. Handling and storage Precautions for safe handling Do not breathe mist or vapor. Do not get in eyes, on skin, or on clothing. Avoid prolonged exposure, Provide Adequate ventilation. Wear appropriate personal protective equipment, Observe good industrial hygiene practices, Conditions for safe storage, Store locked up. Store in original tightly closed container. Store away from incompatible materials including any incompatibilities (see Section 10 of the SDS). Store away from incompatible materials (see Section 10 of the SDS). Material name: SODIUM HYDROXIDE 50% MEM sos us 772282 Version #: 15 Revision date: 09-05-2018 Issue date: 05-03-2D16 Page 373 of � 0 `8. Exposure controls/personal protection Occupational exposure (limits US. OSHA Table Z-1 Limits for Air Contaminants (29 CFR 1910.1000) Components Type SODIUM HYDROXIDE (NA(OH)) (CAS 1310-73-2) PEL Value 2 mg/m3 US. ACGIH Threshold Limit Values Components Type Value SODIUM.HYDROXIDE Ceiling .... 2 mg/m3 (NADH)) (GAS 1310-73-2) US. NIOSH: Pocket Guide to Chemical Hazards Components Type Value - .--- ....... .... SODIUM HYDROXIDE Ceiling 2 mg/m3 (NA(OH)) (CAS 1310-73-2) Biological limit values No biological exposure limits noted for the ingredient(s). Appropriate engineering Good general ventilation (typically 10 air changes per hour) should be used. Ventilation rates controls should be matched to conditions. If applicable, use process enclosures, local exhaust ventilation, or other engineering controls to maintain airborne levels below recommended exposure limits. If exposure limits have not been established, maintain airborne levels to an acceptable level. Eye wash facilities and emergency shower must be available when handling this product. Individual protection measures, such as personal protective equipment The following are recominenda#ions for Personnel Protective Equipment (PPE). The employer/trier of this product must perform a Hazard. Assessment of the. workplace according to OSHA regulations 29 CFR 1910.132 to determine the appropriate PPE for use While performing any task involving potential exposure to this product. Eye/face protection Wear safety glasses with side shields (or goggles) and a face shield. Skin protection Hand protection Wear appropriate chemical resistant gloves. Suitable gloves can be recommended by the glove supplier. Other Wear appropriate chemical resistant clothing. Respiratory protection In case of insufficient ventilation, wear suitable respiratory equipment. Thermal hazards Wear appropriate thermal protective clothing, when necessary. General hygiene Always observe good personal hygiene measures, such as washing after handling the material considerations and before eating, drinking, and/or smoking. Routinely wash work clothing and protective equipment to remove contaminants. 9. Physical and chemical properties Appearance Physical state Liquid. Form Liquid. Color Not available, Odor ODORLESS Odor threshold Not available. pH 14 Melting point/freezing point 58 °F (14.44 °C) Initial boiling point and boiling 293 °F (145 "C) estimated range Flash point Not available. Evaporation rate Not available. Flammability (solid, gas) Not applicable. Upper/lower flammability or explosive limits Flammability limit - lower Not available. Flammability limit - upper Not available. N Material name: SODIUM HYDROXIDE 50% MEM os us 772262 Version#: 15 Revision date: 09-05-2016 Issue date: 05-03-2018 Page 371iIOV510 Explosive limit - lower (%) Not available. Explosive limit - upper (°h) Not available. Vapor pressure Not available. Vapor density Not available. Relative density Not available. Solubility(ies) Solubility (water) Not available. Partition coefficient Not available. (n-octanolfwater) Auto -ignition temperature Not available. Decomposition temperature Not available. Viscosity Not available. Other information Density 12.76 lbs/gal Explosive properties Not explosive. Oxidizing properties Not oxidizing. Percent volatile 50 % estimated Specific gravity 1.53 10. Stability and reactivity Reactivity The product is stable and non-reactive under normal conditions of use, storage and transport. Chemical stability Material is stable under normal conditions. Possibility of hazardous reactions Conditions to avoid Incompatible materials Hazardous decomposition products Hazardous polymerization does not occur. Contact with incompatible materials. Strong acids. No hazardous decomposition products are known. 11. Toxicological information Information on likely routes of exposure Inhalation May cause irritation to the respiratory system. Prolonged inhalation may be harmful. Skin contact Causes severe skin burns. Eye contact Causes serious eye damage, Ingestion Causes digestive tract burns. Symptoms related to the Burning pain and severe corrosive skin damage. Causes serious eye damage. Sym, ptoms may physical, chemical and include stinging, tearing, redness, swelling, and blurred vision. Permanent eye damage including toxicological characteristics blindness could result, Information on toxicological effects Acute toxicity Not known. Skin corrosion/irritation Causes severe skin burns and eye damage. Serious eye damageleye Causes serious eye damage. irritation Respiratory or skin sensitization Respiratory sensitization Not a respiratory sensitizer. Skin sensitization This product is not expected to cause skin sensitization. Germ cell mutagenicity No data available to indicate product or any components present at greater than 0.1 % are mutagenic or genotoxic. Carcinogenicity Not classifiable as to carcinogenicity to humans. IARC Monographs. Overall Evaluation of Carcinogenicity Not listed. OSHA Specifically Regulated Substances (28 CFR 1910.1001-1052) Not regulated. Material name: SODIUM HYDROXIDE 50% MEM sos us 772282 Version #: 15 Revision date: 09-05-2018 Issue date: 05-03-2018 Page 375 of4J170 US. National Toxicology Program (NTP) Report on Carcinogens Not listed, Reproductive toxicity This product is not expected to cause reproductive or developmental effects. Specific target organ toxicity - Not classified, single exposure Specific target organ toxicity - Not classified. repeated exposure Aspiration hazard Not an aspiration hazard. Chronic effects Prolonged inhalation may be harmful. 12. Ecological information Ecotoxicity The product is not classified as environmentally hazardous. However, this does not exclude the possibility that large or frequent spills can have a harmful or damaging effect on the environment. Components Species Test Results SODIUM HYDROXIDE (NA(OH)) (CAS 1310-73-2).___.�"__.._.� Aquatic Crustacea EC50 Water flea (Ceriodaphnia dubia) 34.59 - 47,13 mg/l, 48 hours Fish LC50 Western mosquitofish (Gambusia affinis) 125 mg/l, 96 hours Persistence and degradability No data is available on the degradability of this product. Bioaccumulative potential No data available. Mobility in soil No data available. Other adverse effects No other adverse environmental effects (e.g, ozone depletion, photochemical ozone creation potential, endocrine disruption, global warming potential) are expected from this component. 13. Disposal considerations Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Dispose of contents/container in accordance with localltegio:naUnationallinternational regulations. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code The waste code should be assigned in discussion between the user, the producer and the waste disposal company, Waste from residues / unused Dispose of in accordance with local regulations, Empty containers or liners may retain some products product residues. This material and its container must be disposed of in a safe manner (see; Disposal instructions). Contaminated packaging Since emptied containers may retain product residue, follow label warnings even after container is emptied. Empty containers should be taken to an approved waste handling site for recycling or disposal, 14. Transport information DOT UN number UN1824 UN proper shipping name SODIUM HYDROXIDE SOLUTION Transport hazard class(es) Class 8 Subsidiary risk - Packing group II Special precautions for user Read safety instructions, SDS and emergency procedures before handling. ERG number 154 Transport information on packaging may be different from that listed. DOT information on packaging may be different from that listed. Transportation information on packaging may be different from that listed, IATA UN number UN proper shipping name Transport hazard class(es) Class Subsidiary risk Packing group Environmental hazards ERG Code UN1824 SODIUM HYDROXIDE SOLUTION II No. 154 Material name: SODIUM HYDROXIDE 50% MEM mm WWW �mm SDS US 772282 Version #: 15 Revision date: 09-05-2018 Issue date: 05-03-2016 Page 376�6? 510 Special precautions for user Read safety instructions, SDS and emergency procedures before handling. IMDG UN number UN1824 UN proper shipping name SODIUM HYDROXIDE SOLUTION (SODIUM HYDROXIDE (NA(OH))) Transport hazard class(es) Class 8 Subsidiary risk - Packing group II Environmental hazards Marine pollutant No. EmS F -A, S -B Special precautions for user Read safety instructions, SDS and emergency procedures before handling. DOT; IATA; IMDG 15. Regulatory information US federal regulations This product is a "Hazardous Chemical' as defined by the OSHA Hazard Communication Standard, 29 CFR 1910.1200. TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D) Not regulated. CERCLA Hazardous Substance List (40 CFR 302.4) SODIUM HYDROXIDE (NA(OH)) (CAS 1310-73-2) Listed. SARA 304 Emergency release notification Not regulated. OSHA Specifically Regulated Substances (29 CFR 1910.1001-1052) Not regulated. Superfund Amendments and Reauthorization Act of 1986 (SARA) SARA 302 Extremely hazardous substance Not listed. SARA 311/312 Hazardous Yes chemical Classified hazard Acute toxicity (any route of exposure) categories Skin corrosion or irritation Serious eye damage or eye irritation SARA 313 (TRI reporting) Not regulated. Other federal regulations Clean Air Act (CAA) Section 112 Hazardous Air Pollutants (HAPs) List Not regulated. Clean Air Act (CAA) Section 112(r) Accidental Release Prevention (40 CFR 68.130) Not regulated. Safe Drinking Water Act Not regulated. (SDWA) US state regulations California Proposition 65 California Safe Drinking Water and Toxic Enforcement Act of 2016 (Proposition 65): This material is not known to contain any chemicals currently listed as carcinogens or reproductive toxins. For more information go to www.P65Warnings.ca.gov. �._. .� .. ........_. _ ....._ ...... Material name: SODIUM HYDROXIDE 50% MEM sos us 772282 Version #: 15 Revision date: 09-05-2018 Issue date: 05-03-2016 Page 377 oM 0 US. California. Candidate Chemicals List. Safer Consumer Products Regulations (Cal. Code Regs, tit. 22, 69502.3, subd, (a)) SODIUM HYDROXIDE (NA(OH)) (CAS 1310-73-2) International Inventories Country(s) or region Australia Canada Canada China Europe Europe Japan Korea New Zealand Philippines Taiwan Inventory name Australian Inventory of Chemical Substances (AICS) Domestic Substances List (DSL) Non -Domestic Substances List (NDSL) Inventory of Existing Chemical Substances in China (I ECSC) European Inventory of Existing Commercial Chemical Substances (EINECS) European List of Notified Chemical Substances (ELINCS) Inventory of Existing and New Chemical Substances (ENCS) Existing Chemicals List (ECL) New Zealand Inventory Philippine Inventory of Chemicals and Chemical Substances (PICCS) Taiwan Toxic Chemical Substances (TCS) on inventory (yes/no)* Yes Yes No Yes Yes No Yes Yes Yes Yes Yes United States & Puerto Rico Toxic Substances Control Act (TSCA) Inventory Yes *A "Yes" indicates that all components of this product comply Wild the Inventory requirements administered by the governing country(s) A "No" indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing country(s). 16. Other information, including date of preparation or last revision Issue date 05-03-2016 Revision date 09-05-2018 Version # 15 HMIS® ratings Health: 3 Flammability: 0 Physical hazard: 0 NFPA ratings Health: 3 Flammability: 0 Instability: 1 Disclaimer While Brenntag believes the information contained herein to be accurate, Brenntag makes no representation or warranty, express or implied, regarding, and assumes no liability for, the accuracy or completeness. of. the Information. The Buyer assUmes all resppnsibility for handling, using and/or reselling the .Product in accordance with applicable federal, state, and local law, This SDS shall not in any way limit or preclude the operation and effect of any of the previsions of grenritag% terms and conditions of sale.. Revision information Physical & Chemical Properdee; Multiple Properties Physical and chemical properties: Color Material name: SODIUM HYDROXIDE 50% MEM 772282 Version #: 15 Revision date: 09-05-2018 Issue dasos us date: 05-03-2016 Page 378'6f 510 To DATE (MMfODfYYYY) '+ CERTIFICATE OF LIABILITY INSURANCE 12i27no1a 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. ImpoRTAf1Ti If the certificate holder Is an ADDIT11 L INSUI EP'. the polity(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri hl+s to the certificate holder in lieu of such enttpreetlteltt e PRODUCER MA.i110 ,„m Marsh USA Inc. Hr1NF FAT- 1717 Arch Street RIL Philadelphia, PA 191032797 AMC!^ .. INSU� S AFFOROiNG UVERA(�www,,,,,_� _ CN101263979 ALL GAW-19-20 - _,..._ ...._— INSURER A _i u#arft Corpiga4ly {f TJIe &late Al PA 99429 IN SU iBRENNTAG MID SOUTH, INC, INSURERS ACE American Insurance Comp n 22667 1405 HWY 136 W kq§,Uk c, Indemnit Insurance Corn of North America 43575 C ..�GD me ,� w-t .- HENDERSON, KY 42420 1NSURERn: ACE Fke Uaderwdters Insurance Cornft _ r _ - 20702 MSURER E L. _�..,�_ ��............,,,�,,,,�,_......-_- _.�_„.._.._,r,,.,w.._��_._..__....._.."..-..-...,��,.,.�.,_."""...- COVERAGE5 CE4iTIFICATE NUMBER: CLE-00611721327 REVISION NUMBER 5 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 NTH 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, 1RXCLUSIONSEFF TMAND EOFCONDITIONS RANCE OF SUCH �PAOLIICIu LIMITS SH OWN CAYR iieRVE BEEN ^REDOUroCED BY PIQ�CLAPS. m mT LIMITS A X COMMERCIAL GENERAL LIABILITY GL6634468 0111)117013 01101120211 EACH OCCURRENCE $ 11°000,000 X CO CLAIMS-MADE OCCUR P kl b "�3 PFalcrcurraa ) a 10^000 CONTRACTUAL LIABILITY MED EXP (Any one uerson $ x 1(11 o(ar 1,000,000' PERSONAL 8 ADV INJURY $ xWPOLGIGCY•E� PRO- C APPLIES LOC :.. PRODUCTS � .—� ,,, ,,..,,, 1 OD0 000 GENERAL AGGREGATE $ . COMProP A GG v 1,0D0,000 r7TdLla �..._._..... , B AUTOMOBILEunBILITY ISA—H25277399 0 117111” 0110112020 raBlNlrr G. L1Ml Sca �aoL.m $ 1000 000 X ANY AUTO BODILY INJURY (Per person) $ OWNED _ "SCHEDULED BODILY INJURY (Per accident) $ m AUTOS ONLY AUTOS HIRED NON-OWNED PROP QAV bAOF AUTOS ONLY AUTOS ONLY 11 era 0 4114)_.. a .. UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS MADE AGGREGATE $ ......._ .. WORKERS COMPENSATION WLRtTPT4404 AO $ __ m DED RETENT_ _,. _ B ( � T., 16F�P (1�� x PER "`("" �EH ANDEMPLOYERS LIABILITY 9 ATIJTE a ER Q YIN N WLRC65434362 (CA, MA) 0110112019 4114112{}20 E.L.EACH ACCIDENT $ ANYPROPR{ETORIPARTNER/EXECUTIVE 2000000 D OFFICEPJMEMBEREXCLUDED9 NIA SCFC65434441 (WI)0110112019 0110112020 (Mandatory In NH) E L DISEASE EA EMPLOYEE $ 2,000,000 If ea describe under ..0 E,L.D{SEASE POLICY LIMIT $ 2000000 .� OEr>CF PTION 0 OP£RATION5,belMW — .Uw.,... _ '.- .._ .._�_� ..�� ���. ��M ,.,.� __ SEA �_......LI _.... I i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space Is required) City of Boynton Beach is included as Additional Insured except for Workers Compensation, where required by written contract. CERTIFICATE HOLbER ��_ _ __- CANCELLATION City of Boynton Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 100 E. Boynton Beach Blvd, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Boynton Beach, FL 33425-0310 ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE of Marsh USA Inc. ManashiMukherjee M�olw.�>aor+%� �titwntuer ......- ........-. ��. ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Page 379 of 510 9.A. City Manager's Report 10/5/2021 City of Boynton Beach 19 Agenda Item Request Form Commission Meeting Date: 10/5/2021 Requested Action by Commission: Consider and approve use of American Rescue Plan Act (ARPA) funds to provide pandemic premium pay to City employees. Explanation of Request: Pursuant to the U.S. Department of Treasury's interim final rule for Coronavirus State and Local Fiscal Recovery Finds [31 CFR Part 35] and the Heroes Act [H.R. 6800], ARPA funds may be used to provide Premium Pay to employees who: • Perform essential work involving regular in-person interactions and/or regular handling of items handled by others; • Have been and continue to be relied upon to maintain continuity of operations of essential critical infrastructure sectors. Premium pay provisions state that entities should prioritize compensation of "lower income" workers. Although the legislation does not specify a specific threshold to define "lower income," it references the State's annual wage pursuant to Bureau of Labor Statistics' (BLS) Occupational Employment and Wage Statistics, which for Florida is $50,020. This amount aligns with pay grade 18 on the City's pay plan (range $50,304 - $75,456). The IAFF and PBA unions have requested $2,500 per member for premium pay. Discussions with the SEIU union have included requests for $2,000 per member. Generally, employees covered under the SEI U unions are the City's lowest wage earners, and therefore, pursuant to the legislation, if premium pay is offered to employees, the priority should be focused on SEIU members. Recently (within the past 90 days), IAFF and PBA members each received $1,000 directly from the State of Florida in the form of pandemic pay for first responders. How will this affect city programs or services? During the pandemic, essential City services were and continue to be maintained. Since July 2020, all City employees have been required to report for in- person work. Employees are critical to ensuring that City operations and services continue to be offered. Staff is recommending reviewing the charts below as a starting point for Commission discussion. The first chart lists the costs by group at each amount threshold, and the second chart contains a suggested allocation that recognizes all working groups and prioritizes lower income workers. Fiscal Impact: If approved, approximately $1.35M in ARPA funds would be utilized to provide premium pay. Chart #1 - All cost configurations Group EE Count $ 304 $ 504 $ 1,000 $ 1,500 $ 2,004 $ 2,500, 1AFF* 129 38,700 64,50,0 1129,000 193,500 258,000 322,500 Non -Bargaining (e= Grade 181 1132 39,600 66,00,0 1132,00,0 1198,0,00 264,000 330,00,0 Non -Bargaining (Grade 18-32( 1104 311,200 52,000 104,000 1156,000 208,000 260,000 Non -Bargaining (Grade 33-56) 40 12,000 20,000 40,000 60,000 80,000 100,000 Non -Bargaining (Fart Time( 32 9,600 16,000 32,000 48,000 64,000 80,000 PIRA Officers* 102 30,600 51,000 102,000 153,000 204,000 255,000 13'113A Sergeants* 21 6,300 10,500 21,000 31,500 42,000 52,500 SEW (Blue Collar 148 44,400 74,000 148,000 222,000 296,000 370,000 SEW White Collar 87 26,100 43,500 87,000 130,500 174,000 217,500 Tot!a 11 795 j 288;504 1 397,500 1 795,040 1 1,192,500 1 1,,590,040 1 1,981,544 J *Received $1,000 through State of Florida Chart #2 - Staff suggestion GrGup E'E Count, $ 300 $ 500 $ 1,044 $ 1,500 $ 2,440 $ 2,500 Page 380 of 510 lAFF* 129 193,50,0 Non -Bargaining (<�= Grade 18) 132 264,000 Non -Bargaining (Grade 18-32) 104 156,000 Non -Bargaining (Grade 33-56) 40 40,000 Non -Bargaining (Part! Time) 32 32,000 PIRA Officers* 10,2 153,000 P'IBA Sergeants* 21 31,50,0 SE11U (Blue Collar 148 296,000 SE11U White Collar 87 174,000 T ot!a 177 =95 72,000 j 534,000 1 734,000 � *Received $1, 000 through State of Florida Alternatives: Not consider use of ARPA funds for Premium Pay for employees. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application Is this a grant? Grant Amount: Attachments: Type AddeifKkirn Ad d eifRiurn 1 $ 1,340,000 1 Description CoiroinavlirusSfaeFie ocall FiscallR(.Hxweiry FuifKis COVIII IC ) 19 1h Neiroes F ufRi Q Neiroes Aca 1h NR 6800) Page 381 of 510 77, 26786 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations DEPARTMENT OF THE TREASURY 31 CFR Part 35 RIN 1505-AC77 Coronavirus State and Local Fiscal Recovery Funds AGENCY: Department of the Treasury ACTION: Interim final rule. SUMMARY: The Secretary of the Treasury (Treasury) is issuing this interim final rule to implement the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund established under the American Rescue Plan Act. DATES: Effective date: The provisions in this interim final rule are effective May 17, 2021. Comment date: Comments must be received on or before July 16, 2021. ADDRESSES: Please submit comments electronically through the Federal eRulemaking Portal: http:// www.regulations.gov. Comments can be mailed to the Office of the Undersecretary for Domestic Finance, Department of the Treasury, 1500 Pennsylvania Avenue NW, Washington, DC 20220. Because postal mail may be subject to processing delay, it is recommended that comments be submitted electronically. All comments should be captions with "Coronavirus State and Local Fiscal Recovery Funds Interim Final Rule Comments." Please include your name, organization affiliation, address, email address and telephone number in your comment. Where appropriate, a comment should include a short executive summary. In general, comments received will be posted on http://www.regulations.gov without change, including any business or personal information provided. Comments received, including attachments and other supporting materials, will be part of the public record and subject to public disclosure. Do not enclose any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure. FOR FURTHER INFORMATION CONTACT: Katharine Richards, Senior Advisor, Office of Recovery Programs, Department of the Treasury, (844) 529- 9527. SUPPLEMENTARY INFORMATION: I. Background Information A. Overview Since the first case of coronavirus disease 2019 (COVID-19) was discovered in the United States in January 2020, the disease has infected over 32 million and killed over 575,000 Americans.' The disease has impacted every part of life: As social distancing became a necessity, businesses closed, schools transitioned to remote education, travel was sharply reduced, and millions of Americans lost their jobs. In April 2020, the national unemployment rate reached its highest level in over seventy years following the most severe month -over -month decline in employment on record.z As of April 2021, there were still 8.2 million fewer jobs than before the pandemic.3 During this time, a significant share of households have faced food and housing insecurity.4 Economic disruptions impaired the flow of credit to households, State and local governments, and businesses of all sizes.5 As businesses weathered closures and sharp declines in revenue, many were forced to shut down, especially small businesses.f3 Amid this once -in -a -century crisis, State, territorial, Tribal, and local governments (State, local, and Tribal governments) have been called on to respond at an immense scale. Governments have faced myriad needs to prevent and address the spread of 1 Centers for Disease Control and Prevention, COVID Data Tracker, littp://www.covid.cdc.gov/ covid-data-tracker/#datatracker-hoine (last visited May B, 2021). 2 U.S. Bureau of Labor Statistics, Unemployment Rate [UNRATED, retrieved from FRED, Federal Reserve Bank of St. Louis; ltttps:// frecl.stlouisfecl.org/series/UNRATE, May 3, 2021. U.S. Bttreatt of Labor Statistics, Employment Level [LNU020000001, retrieved from FRED, Federal Reserve Bank of St. Louis; ltttps:// fred.stlouisfed.org/series/LNU02000000, May 3, 2021. s U.S. Bureau of Labor Statistics, All Employees, Total Nonfarm [PAYEMSD, retrieved from FRED, Federal Reserve Bank of St. Louis; ltttps:// frecl.stlouisfecl.org/series/PAYEMS, May 7, 2021. 4 Nirmita Panchal et al., The Implications of COVID-19 for Mental Health and Substance Abuse (Feb. 10, 2021), https://www.kff.org/coronavirus- covid-19/issue-brief/the-implications-of-covid-19- for-mental-health-and-s ttbstance-ttse/#:–:text= Older %2oadttlts %20are %20also %20 more,prior%20to%20the%20current%20crisis; U.S. Census Bureau, Household Pulse Survey: Measuring Social and Economic Impacts daring the Coronavirus Pandemic, https://www.Census.gov/ programs -s ttrvey s/household-pulse-s ttrvey.html (last visited Apr. 26, 2021); Rebecca T. Lech et al., Mental Health -Related Emergency Department Visits Among Children Aged <18 Years During the COVID Pandemic—United States, January 1— October 17, 2020, Morb. Mortal. Wkly. Rep. 69(45):1675–£30 (Nov. 13, 2020), ltttps:// www.cdc.gOV/MMWr/VOILtMeS/C39/Wr/ mm6945a3.htm. 5 Board of Governors of the Federal Reserve System, Monetary Policy Report (June 12, 2020), littps://www.federalreserve.govlinoiletarypolicyl 2020 -06 -in pr-summary.l t tin. r, Joseph R. Biden, Remarks by President Biden on Helping Small Businesses (Feb. 22, 2021), ltttps:// www. whi teltou se.gov/brie fing-room/speecltes- reinarks/2021 /02/22/remarks-by-pre sid en t -bid en- on-lt el ping-small-bu sin esses/. COVID-19, including testing, contact tracing, isolation and quarantine, public communications, issuance and enforcement of health orders, expansions to health system capacity like alternative care facilities, and in recent months, a massive nationwide mobilization around vaccinations. Governments also have supported major efforts to prevent COVID-19 spread through safety measures in settings like nursing homes, schools, congregate living settings, dense worksites, incarceration settings, and public facilities. The pandemic's impacts on behavioral health, including the toll of pandemic -related stress, have increased the need for behavioral health resources. At the same time, State, local and Tribal governments launched major efforts to address the economic impacts of the pandemic. These efforts have been tailored to the needs of their communities and have included expanded assistance to unemployed workers; food assistance; rent, mortgage, and utility support; cash assistance; internet access programs; expanded services to support individuals experiencing homelessness; support for individuals with disabilities and older adults; and assistance to small businesses facing closures or revenue loss or implementing new safety measures. In responding to the public health emergency and its negative economic impacts, State, local, and Tribal governments have seen substantial increases in costs to provide these services, often amid substantial declines in revenue due to the economic downturn and changing economic patterns during the pandemic.? Facing these budget challenges, many State, local, and Tribal governments have been forced to make cuts to services or their workforces, or delay critical investments. From February to May of 2020, State, local, and Tribal governments reduced their workforces by more than 1.5 million jobs and, in April of 2021, State, local, and Tribal government employment remained nearly 1.3 million jobs below pre - pandemic levels.a These cuts to State, local, and Tribal government workforces 9 Michael Leachman, House Budget Bill Provides Needed Fiscal Aid for States, Localities, Tribal Nations, and Territories (Feb. 10, 2021), ltttps:// www.cbpp.org/researcli/state-budget-aiid-tax/ house -budget -bill -provides -needed -fiscal -aid for - states -localities. 8 U.S. Bureau of Labor Statistics, All Employees, State Government [CES90920000011 and All Employees, Local Government [CES90930000011, retrieved from FRED, Federal Reserve Bank of St. Louis, https://fred.stlouisfed.org/series/ CES9092000001 and ltttps://fred.stlouisfed.org/ series/CES9093000001 (last visited May £t, 2021). Page 382 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26787 come at a time when demand for government services is high, with State, local, and Tribal governments on the frontlines of fighting the pandemic. Furthermore, State, local, and Tribal government austerity measures can hamper overall economic growth, as occurred in the recovery from the Great Recession.`' Finally, although the pandemic's impacts have been widespread, both the public health and economic impacts of the pandemic have fallen most severely on communities and populations disadvantaged before it began. Low- income communities, people of color, and Tribal communities have faced higher rates of infection, hospitalization, and death,10 as well as higher rates of unemployment and lack of basic necessities like food and housing.11 Pre- existing social vulnerabilities magnified the pandemic in these communities, where a reduced ability to work from home and, frequently, denser housing amplified the risk of infection. Higher rates of pre-existing health conditions also may have contributed to more severe COVID-19 health outcomes. 12 Similarly, communities or households facing economic insecurity before the pandemic were less able to weather business closures, job losses, or declines in earnings and were less able to participate in remote work or education due to the inequities in access to reliable and affordable broadband infrastructure. 13 Finally, though schools in all areas faced challenges, those in high poverty areas had fewer resources to adapt to remote and hybrid learning models.14 Unfortunately, the pandemic 9Tracy Gordon, State and Local Budgets and the Great Recession, Brookings InstitUtion (Dec. 31, 2012), littp://www.brookings.edu/articles/state-and- local-budgets-and-the-grea t -recession. 10 Sebastian D. Romano et al., Trends in Racial and Ethnic Disparities in COVID-19 Hospitalizations, by Region—United States, March– December 2020, MMWR Morb Mortal Wkly Rep 2021, 70:560-565 (Apr. 16, 2021), https:// www. cd c.gov/min wrlvoluines/70/wrl mm7015e2.h tm?s_cid=mm7015e2_w. 11 Center on Budget and Policy Priorities, Tracking the COVID-19 Recession's Effects on Food, Housing, and Employment Hardships, littps://www.cbpp.org/research/poverty-and- in equ ali ty/tra eking-tlie-covid-l9-recessions-e ffects- on-housing-and (last visited May 4, 2021). 12 Lisa R. Fortuna et al., Inequity and the Disproportionate Impact of COVID-19 on COmmu111tieS of Color in the United States: The Need for Trauma -Informed Social Justice Response, Psychological Trauma Vol. 12(5):443-45 (2020), available at littps:llpsyciiet.opo.org/f"ulltext/2`O2O- 37320-001.pdf. 13 Emily Vogles et al., 53% of Americans Say the internet Has Been Essential During the COVID-19 Outbreak (Apr. 30, 2020), https:// www. pe wresearcl'i. org/internet/202O/04/30/53-of- american s-say-th e -in tern et -h as-been-essen tial - d wring-tlie-covid-l9-outbreak/. 14 Emma Dorn et al., COVID-19 and student learning in the United States: The hurt could last also has reversed many gains made by communities of color in the prior economic expansion.15 B. The Statute and Interim Final Rule On March 11, 2021, the American Rescue Plan Act (ARPA) was signed into law by the President.113 Section 9901 of ARPA amended Title VI of the Social Security Act 17 (the Act) to add section 602, which establishes the Coronavirus State Fiscal Recovery Fund, and section 603, which establishes the Coronavirus Local Fiscal Recovery Fund (together, the Fiscal Recovery Funds).18 The Fiscal Recovery Funds are intended to provide support to State, local, and Tribal governments (together, recipients) in responding to the impact of COVID-19 and in their efforts to contain COVID- 19 on their communities, residents, and businesses. The Fiscal Recovery Funds build on and expand the support provided to these governments over the last year, including through the Coronavirus Relief Fund (CRF).19 a lifetime (June 2020), https:// webtest. cluldrensinsti to to.net/sites/default/files/ d ocumen ts/COVID-19-and-stu den t-1 earning-in-tli e- United-States_FINAL.pdf, Andrew Bacher-Hicks et al., Inequality in Household Adaptation to Schooling Shocks: Covid-Induced Online Engagement in Real Time, J. of Public Econ. Vol. 193(C) (July 2020), available at https:// www.iiber.org/Paper,5/",27555. 15 See, e.g., Tyler Atkinson & Alex Richter, Pandemic Disproportionately Affects Women, Minority Labor Force Participation, https:// www.dalla,5fed.org/research/econoinic,5/2020/1110 (last visited May 9, 2021); Jared Bernstein & Janelle Jones, The Impact of the COVIDI9 Recession on the Jobs and Incomes of Persons of Color, hops:// www. ebp p. org/sites/default/files/a toins/files/0-2- 20bud_O.pdf (last visited May 9, 2021). 18American Rescue Plan Act of 2021 (ARPA), sec. 9901, Public Law 117-2, codified at 42 U.S.C. £302 et seq. The term "state" as used in this SUPPLEMENTARY INFORMATION and defined in section 602 of the Act means each of the 50 States and the District of Columbia. The term "territory" as used in this SUPPLEMENTARY INFORMATION and defined in section 602 of the Act means the Commonwealth Of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of Northern Mariana Islands, and American Samoa. Tribal government is defined in the Act and the interim final rule to mean "the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of the [American Rescue Plan Act] pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131)." See section 602(g)(7) of the Social Security Act, as added by the American Rescue Plan Act. On January 29, 2021, the Bureau of Indian Affairs published a current list of 574 Tribal entities. See £36 FR 7554, January 29, 2021. The term "local governments" as used in this SUPPLEMENTARY INFORMATION includes metropolitan cities, counties, and nonentitlemmit runts of local government. 1742 U.S.C. £301 et seq. 18 Sections 602, 603 of the Act. 10 The CRF was established by the section 601 of the Act as added by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 116-136, 134 Stat. 2£31 (2020). Through the Fiscal Recovery Funds, Congress provided State, local, and Tribal governments with significant resources to respond to the COVID-19 public health emergency and its economic impacts through four categories of eligible uses. Section 602 and section 603 contain the same eligible uses; the primary difference between the two sections is that section 602 establishes a fund for States, territories, and Tribal governments and section 603 establishes a fund for metropolitan cities, nonentitlement units of local government, and counties. Sections 602(c)(1) and 603(c)(1) provide that funds may be used: (a) To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality; (b) To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers; (c) For the provision of government services to the extent of the reduction in revenue due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency; and (d) To make necessary investments in water, sewer, or broadband infrastructure. In addition, Congress clarified two types of uses which do not fall within these four categories. Sections 602(c)(2)(B) and 603(c)(2) provide that these eligible uses do not include, and thus funds may not be used for, depositing funds into any pension fund. Section 602(c)(2)(A) also provides, for States and territories, that the eligible uses do not include "directly or indirectly offset[ting] a reduction in the net tax revenue of [the] State or territory resulting from a change in law, regulation, or administrative interpretation." The ARPA provides a substantial infusion of resources to meet pandemic response needs and rebuild a stronger, more equitable economy as the country recovers. First, payments from the Fiscal Recovery Funds help to ensure that State, local, and Tribal governments have the resources needed to continue to take actions to decrease the spread of COVID-19 and bring the pandemic under control. Payments from the Fiscal Recovery Funds may also be used by recipients to provide support for costs incurred in addressing public health and economic challenges resulting from the pandemic, including resources to offer premium pay to essential workers, in recognition of their sacrifices over the Page 383 of 510 26788 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations last year. Recipients may also use payments from the Fiscal Recovery Funds to replace State, local, and Tribal government revenue lost due to COVID- 19, helping to ensure that governments can continue to provide needed services and avoid cuts or layoffs. Finally, these resources lay the foundation for a strong, equitable economic recovery, not only by providing immediate economic stabilization for households and businesses, but also by addressing the systemic public health and economic challenges that may have contributed to more severe impacts of the pandemic among low-income communities and people of color. Within the eligible use categories outlined in the Fiscal Recovery Funds provisions of ARPA, State, local, and Tribal governments have flexibility to determine how best to use payments from the Fiscal Recovery Funds to meet the needs of their communities and populations. The interim final rule facilitates swift and effective implementation by establishing a framework for determining the types of programs and services that are eligible under the ARPA along with examples of uses that State, local, and Tribal governments may consider. These uses build on eligible expenditures under the CRF, including some expansions in eligible uses to respond to the public health emergency, such as vaccination campaigns. They also reflect changes in the needs of communities, as evidenced by, for example, nationwide data demonstrating disproportionate impacts of the COVID-19 public health emergency on certain populations, geographies, and economic sectors. The interim final rule takes into consideration these disproportionate impacts by recognizing a broad range of eligible uses to help States, local, and Tribal governments support the families, businesses, and communities hardest hit by the COVID-19 public health emergency. Implementation of the Fiscal Recovery Funds also reflect the importance of public input, transparency, and accountability. Treasury seeks comment on all aspects of the interim final rule and, to better facilitate public comment, has included specific questions throughout this SUPPLEMENTARY INFORMATION. Treasury encourages State, local, and Tribal governments in particular to provide feedback and to engage with Treasury regarding issues that may arise regarding all aspects of this interim final rule and Treasury's work in administering the Fiscal Recovery Funds. In addition, the interim final rule establishes certain regular reporting requirements, including by requiring State, local, and Tribal governments to publish information regarding uses of Fiscal Recovery Funds payments in their local jurisdiction. These reporting requirements reflect the need for transparency and accountability, while recognizing and minimizing the burden, particularly for smaller local governments. Treasury urges State, territorial, Tribal, and local governments to engage their constituents and communities in developing plans to use these payments, given the scale of funding and its potential to catalyze broader economic recovery and rebuilding. II. Eligible Uses A. Public Health and Economic Impacts Sections 602(c)(1)(A) and 603(c)(1)(A) provide significant resources for State, territorial, Tribal governments, and counties, metropolitan cities, and nonentitlement units of local governments (each referred to as a recipient) to meet the wide range of public health and economic impacts of the COVID-19 public health emergency. These provisions authorize the use of payments from the Fiscal Recovery Funds to respond to the public health emergency with respect to COVID-19 or its negative economic impacts. Section 602 and section 603 also describe several types of uses that would be responsive to the impacts of the COVID- 19 public health emergency, including assistance to households, small businesses, and nonprofits and aid to impacted industries, such as tourism, travel, and hospitality.Z0 Accordingly, to assess whether a program or service is included in this category of eligible uses, a recipient should consider whether and how the use would respond to the COVID-19 public health emergency. Assessing whether a program or service "responds to" the COVID-19 public health emergency requires the recipient to, first, identify a need or negative impact of the COVID-19 public health emergency and, second, identify how the program, service, or other intervention addresses the identified need or impact. While the COVID-19 public health emergency affected many aspects of American life, eligible uses under this category must be in response to the disease itself or the harmful consequences of the economic disruptions resulting from or exacerbated by the COVID-19 public health emergency. 2OSeetions 602(a)(1)(A), 603(a)(1)(A) of the Act The interim final rule implements these provisions by identifying a non- exclusive list of programs or services that may be funded as responding to COVID-19 or the negative economic impacts of the COVID-19 public health emergency, along with considerations for evaluating other potential uses of the Fiscal Recovery Funds not explicitly listed. The interim final rule also provides flexibility for recipients to use payments from the Fiscal Recovery Funds for programs or services that are not identified on these non-exclusive lists but that fall under the terms of section 602(c)(1)(A) or 603(c)(1)(A) by responding to the COVID-19 public health emergency or its negative economic impacts. As an example, in determining whether a program or service responds to the negative economic impacts of the COVID-19 public health emergency, the interim final rule provides that payments from the Fiscal Recovery Funds should be designed to address an economic harm resulting from or exacerbated by the public health emergency. Recipients should assess the connection between the negative economic harm and the COVID-19 public health emergency, the nature and extent of that harm, and how the use of this funding would address such harm. As discussed, the pandemic and the necessary actions taken to control the spread had a severe impact on households and small businesses, including in particular low-income workers and communities and people of color. While eligible uses under sections 602(c)(1)(A) and 603(c)(1)(A) provide flexibility to recipients to identify the most pressing local needs, Treasury encourages recipients to provide assistance to those households, businesses, and non -profits in communities most disproportionately impacted by the pandemic. 1. Responding to COVID-19 On January 21, 2020, the Centers for Disease Control and Prevention (CDC) identified the first case of novel coronavirus in the United States.Z1 By late March, the virus had spread to many States and the first wave was growing rapidly, centered in the northeast.22 This wave brought acute Z1 Press Release, Centers for Disease Control and Prevention, First Travel -related Case of 2019 Novel Coronavirus Detected in United States (Jan. 21, 2020), littps://www.cdc.govlinedia/releases/2020/ p0121-novel-coronavirus-travel-case.litin 1. 22 Anne Schuchat et al., Public Health Response to the Initiation and Spread of Pandemic COVID- 19 in the United States, February 24—April 21, 2021, MMWR Morb Mortal Wkly Rep 2021, 69(18):551- 56 (May 8, 2021), littps://www.cdc.govlininwrl vol uines/69/wr/inin6918e2.h tin. Page 384 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26789 strain on health care and public health systems: Hospitals and emergency medical services struggled to manage a major influx of patients; response personnel faced shortages of personal protective equipment; testing for the virus was scarce; and congregate living facilities like nursing homes and prisons saw rapid spread. State, local, and Tribal governments mobilized to support the health care system, issue public health orders to mitigate virus spread, and communicate safety measures to the public. The United States has since faced at least two additional COVID-19 waves that brought many similar challenges: The second in the summer, centered in the south and southwest, and a wave throughout the fall and winter, in which the virus reached a point of uncontrolled spread across the country and over 3,000 people died per day.23 By early May 2021, the United States has experienced over 32 million confirmed COVID-19 cases and over 575,000 deaths.Z4 Mitigating the impact of COVID-19, including taking actions to control its spread and support hospitals and health care workers caring for the sick, continues to require a major public health response from State, local and Tribal governments. New or heightened public health needs include COVID-19 testing, major expansions in contact tracing, support for individuals in isolation or quarantine, enforcement of public health orders, new public communication efforts, public health surveillance (e.g., monitoring case trends and genomic sequencing for variants), enhancement to health care capacity through alternative care facilities, and enhancement of public health data systems to meet new demands or scaling needs. State, local, and Tribal governments have also supported major efforts to prevent COVID-19 spread through safety measures at key settings like nursing homes, schools, congregate living settings, dense worksites, incarceration settings, and in other public facilities. This has included implementing infection prevention measures or making ventilation improvements in congregate settings, health care settings, or other key locations. Other response and adaptation costs include capital investments in public facilities to meet pandemic operational 23 Centers for Disease Control and Prevention, COVID Data Tracker: Trends in Number of COVID-19 Cases and Deaths in the US Reported to CDC, by State/Territory, https://covid.edc.gov/ covid-data-tracker/#trends–dailytrendscoses (last visited May 8, 2021). 24 Id. needs, such as physical plant improvements to public hospitals and health clinics or adaptations to public buildings to implement COVID-19 mitigation tactics. In recent months, State, local, and Tribal governments across the country have mobilized to support the national vaccination campaign, resulting in over 250 million doses administered to date.Z5 The need for public health measures to respond to COVID-19 will continue in the months and potentially years to come. This includes the continuation of the vaccination campaign for the general public and, if vaccinations are approved for children in the future, eventually for youths. This also includes monitoring the spread of COVID-19 variants, understanding the impact of these variants (especially on vaccination efforts), developing approaches to respond to those variants, and monitoring global COVID-19 trends to understand continued risks to the United States. Finally, the long-term health impacts of COVID-19 will continue to require a public health response, including medical services for individuals with "long COVID," and research to understand how COVID-19 impacts future health needs and raises risks for the millions of Americans who have been infected. Other areas of public health have also been negatively impacted by the COVID-19 pandemic. For example, in one survey in January 2021, over 40 percent of American adults reported symptoms of depression or anxiety, up from 11 percent in the first half of 2019.26, The proportion of children's emergency department visits related to mental health has also risen noticeably.Z7 Similarly, rates of substance misuse and overdose deaths have spiked: Preliminary data from the CDC show a nearly 30 percent increase in drug overdose mortality from September 2019 to September 2020.Z8 Stay-at-home orders and other pandemic responses may have also reduced the ability of individuals affected by domestic violence to access 25 Centers for Disease Control and Prevention, COVID Data Tracker: COVID-19 Vaccinations in the United States, littps://covid.edc.gov/covid-dato- tracker/#vaccinations (last visited May 8, 2021). 26Panchal, supra note 4; Mark E. Czeisler et al., Mental Health, Substance Abuse, and Suicidal Ideation During COVID-19 Pandemic– United States, June 24-30 2020, Morb. Mortal. Wkly. Rep. 69(32):1049-57 (Aug. 14, 2020), https:// www. cd c.gov/min wrlvoluines/69/wr/ mm6932a 1.h tm. Z7 Leeb, supra note 4. 28 Centers for Disease Prevention and Control, National Center for Health Statistics, Provisional Drug Overdose Death Counts, llttpS://www.edagov/ nclis/nvss/vsrr/drug-overdose-dato.litin (last visited May 8, 2021). services.2`' Finally, some preventative public health measures like childhood vaccinations have been deferred and potentially forgone." While the pandemic affected communities across the country, it disproportionately impacted some demographic groups and exacerbated health inequities along racial, ethnic, and socioeconomic lines.31 The CDC has found that racial and ethnic minorities are at increased risk for infection, hospitalization, and death from COVID-19, with Hispanic or Latino and Native American or Alaska Nativeatients at highest risk.e2 Similaprly, low-income and socially vulnerable communities have seen the most severe health impacts. For example, counties with high poverty rates also have the highest rates of infections and deaths, with 223 deaths per 100,000 compared to the U.S. average of 175 deaths per 100,000, as of May 2021.83 Counties with high social vulnerability, as measured by factors such as poverty and educational attainment, have also fared more poorly than the national average, with 211 deaths per 100,000 as of May 2021.34 2`u Megan L. Evans, et al., A Pandemic within a Pandemic—Intimate Partner Violence during Covid-19, N. Engl. J. Med. 383:2302-04 (Dec. 10, 2020), available at littps://www.nejin.org/doi/full/ 10.1056/NEJMp2024 046. 311 Jeanne M. Santoli et al., Effects of the COVID-19 Pandemic on Routine Pediatric Vaccine Ordering and Administration—United States, Morb. Mortal. Wkly. Rep. 69(19):591-93 (May 8, 2020), littps://www.cdc.govlininwrlvoluines/69/wr/ mm6919e2.htm; Marisa Langdon -Embry et al., Notes from the Field: Rebound in Routine Childhood Vaccine Administration Following Decline During the COVID-19 Pandemic—New York City, March 1–June 27, 2020, Morb. Mortal. Wkly. Rep. 69(30):999-1001 (Jul. 31 2020), https:// www. cd c.gov/min wrlvoluines/69/wr/ mm6930a3.htm. 31 Office of the White House, National Strategy for the COVID-19 Response and Pandemic Preparedness (Jan. 21, 2021), https:// www. whi teliou se.gov/wp-con ten t/uploads/2021/01/ National-Strategy-for-tlie-COVID-19-Response-and- Pan d emic-Preparedn e ss. pd f. 32 In a study of 13 states from October to December 2020, the CDC found that Hispanic or Latino and Native American or Alaska Native individuals were 1.7 times more likely to visit an emergency room for COVID-19 than White individuals, and Black individuals were 1.4 times more likely to do so than White individuals. See Romano, supra note 10. 33 Centers for Disease Control and Prevention, COVID Data Tracker: Trends in COVID-19 Cases and Deaths in the United States, by County -level Population Factors, https://covid.cdc.gov/covid- data-tracker/#pop-factors_totaldeaths (last visited May 8, 2021). 34 The CDC's Social Vulnerability Index includes fifteen variables measuring social vulnerability, including unemployment, poverty, education levels, single -parent households, disability status, non-English speaking households, crowded housing, and transportation access. Centers for Disease Control and Prevention, COVID Data Tracker: Trends in COVID-19 Cases continued Page 385 of 510 26790 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations Over the last year, Native Americans have experienced more than one and a half times the rate of COVID-19 infections, more than triple the rate of hospitalizations, and more than double the death rate compared to White Americans.35 Low-income and minority communities also exhibit higher rates of pre-existing conditions that may contribute to an increased risk of COVID-19 mortality.36 In addition, individuals living in low- income communities may have had more limited ability to socially distance or to self -isolate when ill, resulting in faster spread of the virus, and were over -represented among essential workers, who faced greater risk of exposure.37 Social distancing measures in response to the pandemic may have also exacerbated pre-existing public health challenges. For example, for children living in homes with lead paint, spending substantially more time at home raises the risk of developing elevated blood lead levels, while screenings for elevated blood lead levels declined during the pandemic.38 The combination of these underlying social and health vulnerabilities may have contributed to more severe public health outcomes of the pandemic within these communities, resulting in an exacerbation of pre-existing disparities in health outcomes.39 and Deaths in the United States, by Social Vulnerability Index, https://covid.edc.gov/covid- data-tracker/#pop-factors_totoldeaths (last visited May B, 2021). 35 Centers for Disease Control and Prevention, Risk for COVID-19 Infection, Hospitalization, and Death By Race/Ethnicity, littps://www.cdc.govl coronavirus/2019-ncov/covid-data/investiga tions- discovery/liospi taliza tion -d ea tli-by-ra ce- ethnicity.html (last visited Apr. 26, 2021). 36 See, e.g., Centers for Disease Control and Prevention, Risk of Severe Illness or Death from COVID-19 (Dec. 10, 2020), littps://www.cdc-govl coronavirus/2019-ncov/cominu nity/liealth-equity/ racial -e tluii c-dispari ties/disparities-illn ess.h tint (last visited Apr. 26, 2021). 37 Milena Almagro et al., Racial Disparities in Frontline Workers and Housing Crowding During COVID-19: Evidence from Geolocation Data (Sept. 22, 2020), NYU Stern School of Business (forthcoming), available at https://popers.ssm.com/ so13/papers.cfin?abstract_id=3695249; Grace McCormack et al., Economic Vulnerability of Households with Essential Workers, JAMA 324(4):388-90 (2020), available at https:// join cu e twork. com/jouni als/jama/fullarticl e/ 2767630. 38 See, e.g., Joseph G. Courtney et al., Decreases in Young Children Who Received Blood Lead Level Testing During COVID-19-34 Jurisdictions, January–May 2020, Morb. Mort. Wkly. Rep. 70(5):155-61 (Feb. 5, 2021), littps://www.cdc.govl mmwr/volumes/70/wr/mm7005o2.h tin; Emily A. Benfer & Lindsay F. Wiley, Health Justice Strategies to Combat COVID-19: Protecting Vulnerable COmmullltles During a Pandemic, Health Affairs Blog (Mar. 19, 2020), littps://www.liealtliaffair,5.org/ d o/10.1377/h blog2o2oo319.757883/full/. 39 See, e.g., Centers for Disease Control and Prevention, supra note 34; Benfer & Wiley, supra Eligible Public Health Uses. The Fiscal Recovery Funds provide resources to meet and address these emergent public health needs, including through measures to counter the spread of COVID-19, through the provision of care for those impacted by the virus, and through programs or services that address disparities in public health that have been exacerbated by the pandemic. To facilitate implementation and use of payments from the Fiscal Recovery Funds, the interim final rule identifies a non-exclusive list of eligible uses of funding to respond to the COVID-19 public health emergency. Eligible uses listed under this section build and expand upon permissible expenditures under the CRF, while recognizing the differences between the ARPA and CARES Act, and recognizing that the response to the COVID-19 public health emergency has changed and will continue to change over time. To assess whether additional uses would be eligible under this category, recipients should identify an effect of COVID-19 on public health, including either or both of immediate effects or effects that may manifest over months or years, and assess how the use would respond to or address the identified need. The interim final rule identifies a non-exclusive list of uses that address the effects of the COVID-19 public health emergency, including: • COVID-19 Mitigation and Prevention. A broad range of services and programming are needed to contain COVID-19. Mitigation and prevention efforts for COVID-19 include vaccination programs; medical care,- testing; are;testing; contact tracing; support for isolation or quarantine; supports for vulnerable populations to access medical or public health services; public health surveillance (e.g., monitoring case trends, genomic sequencing for variants); enforcement of public health orders; public communication efforts; enhancement to health care capacity, including through alternative care facilities; purchases of personal protective equipment; support for prevention, mitigation, or other services in congregate living facilities (e.g., nursing homes, incarceration settings, homeless shelters, group living facilities) and other key settings like schools; 40 ventilation improvements in note 3£3; Nathaniel M. Lewis et al., Disparities in COVID-19 Incidence, Hospitalizations, and Testing, by Area -Level Deprivation—Utah, March 3–July 9, 2020, Morb. Mortal. Wkly. Rep. 69(3£3):1369-73 (Sept. 25, 2020), littps://www.cdc.govlininwrl vol umes/69/wr/mm6938o4.h tin. 4" This includes implementing mitigation strategies consistent with the Centers for Disease Control and Prevention's (CDC) Operational congregate settings, health care settings, or other key locations; enhancement of public health data systems; and other public health responses.41 They also include capital investments in public facilities to meet pandemic operational needs, such as physical plant improvements to public hospitals and health clinics or adaptations to public buildings to implement COVID-19 mitigation tactics. These COVID-19 prevention and mitigation programs and services, among others, were eligible expenditures under the CRF and are eligible uses under this category of eligible uses for the Fiscal Recovery Funds.42 • Medical Expenses. The COVID-19 public health emergency continues to have devastating effects on public health; the United States continues to average hundreds of deaths per day and the spread of new COVID-19 variants has raised new risks and genomic surveillance needs.43 Moreover, our understanding of the potentially serious and long-term effects of the virus is growing, including the potential for symptoms like shortness of breath to continue for weeks or months, for multi- organ impacts from COVID-19, or for post -intensive care syndrome.44 State and local governments may need to continue to provide care and services to address these near- and longer-term needs.45 Strategy for K-12 Schools through Phased Prevention, available at littps://www.cdc.gov/ coronavirus/2019-n cov/coinin un i ty/scl'i ool s- cluldcare/operation-strategy.h tin 1. 41 Many of these expenses were also eligible in the CRF. Generally, funding uses eligible raider CRF as a response to the direct public health impacts of COVID-19 will continue to be eligible render the ARPA, including those not explicitly listed here (e.g., telemedicine costs, costs to facilitate compliance with public health orders, disinfection Of public areas, facilitating distance learning, increased solid waste disposal needs related to PPE, paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions), with the following two exceptions: (1) The standard for eligibility of public health and safety payrolls has been updated (see section ILA of this SUPPLEMENTARY INFORMATION) and (2) expenses related to the issuance of tax -anticipation notes are no longer an eligible funding use (see discussion of debt service in section ILB of this SUPPLEMENTARY INFORMATION). 42 Coronavirus Relief Frond for States, Tribal Governments, and Certain Eligible Local Governments, £36 FR 41£32 (Jan. 15, 2021), available at littps://liome.treasury.gov/system/files/136/CRF- Guid an ce-Fed eral-Regi st er-2021-00827. pd f. 43 Centers for Disease Control and Prevention, supra note 24. 44 Centers for Disease Control and Prevention, Long -Term Effects (Apr. B, 2021), https:// www.cdc.gov/coroilavirUS/2`019-iicovlloiig-tenn- effects.laml (last visited Apr. 26, 2021). 45 Pursuant to 42 CFR 433.51 and 45 CFR 75.306, Fiscal Recovery Fronds may not serve as a State or locality's contribution of certain Federal funds. Page 386 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26791 • Behavioral Health Care. In addition, new or enhanced State, local, and Tribal government services may be needed to meet behavioral health needs exacerbated by the pandemic and respond to other public health impacts. These services include mental health treatment, substance misuse treatment, other behavioral health services, hotlines or warmlines, crisis intervention, overdose prevention, infectious disease prevention, and services or outreach to promote access to physical or behavioral health primary care and preventative medicine. • Public Health and Safety Staff. Treasury recognizes that responding to the public health and negative economic impacts of the pandemic, including administering the services described above, requires a substantial commitment of State, local, and Tribal government human resources. As a result, the Fiscal Recovery Funds may be used for payroll and covered benefits expenses for public safety, public health, health care, human services, and similar employees, to the extent that their services are devoted to mitigating or responding to the COVID-19 public health emergency.413 Accordingly, the Fiscal Recovery Funds may be used to support the payroll and covered benefits for the portion of the employee's time that is dedicated to responding to the COVID-19 public health emergency. For administrative convenience, the recipient may consider public health and safety employees to be entirely devoted to mitigating or responding to the COVID-19 public health emergency, and therefore fully covered, if the employee, or his or her operating unit or division, is primarily dedicated to responding to the COVID-19 public health emergency. Recipients may consider other presumptions for assessing the extent to which an employee, division, or operating unit is engaged in activities that respond to the COVID-19 public health emergency, provided that the recipient reassesses periodically and maintains records to support its assessment, such as payroll records, attestations from supervisors or staff, or regular work product or correspondence demonstrating work on 46 111 general, if an employee's wages and salaries are an eligible use of Fiscal Recovery Funds, recipients may treat the employee's covered benefits as an eligible use of Fiscal Recovery Funds. For purposes of the Fiscal Recovery Funds, covered benefits include costs of all types of leave (vacation, family -related, sick, military, bereavement, sabbatical, jury duty), employee insurance (health, life, dental, vision), retirement (pensions, 401(k)), unemployment benefit plans (Federal and state), workers compensation insurance, and Federal Insurance Contributions Act (FICA) taxes (which includes Social Security and Medicare taxes). the COVID-19 response. Recipients need not routinely track staff hours. • Expenses to Improve the Design and Execution of Health and Public Health Programs. State, local, and Tribal governments may use payments from the Fiscal Recovery Funds to engage in planning and analysis in order to improve programs addressing the COVID-19 pandemic, including through use of targeted consumer outreach, improvements to data or technology infrastructure, impact evaluations, and data analysis. Eligible Uses to Address Disparities in Public Health Outcomes. In addition, in recognition of the disproportionate impacts of the COVID-19 pandemic on health outcomes in low-income and Native American communities and the importance of mitigating these effects, the interim final rule identifies a broader range of services and programs that will be presumed to be responding to the public health emergency when provided in these communities. Specifically, Treasury will presume that certain types of services, outlined below, are eligible uses when provided in a Qualified Census Tract (QCT),47 to families living in QCTs, or when these services are provided by Tribal governments.48 Recipients may also provide these services to other populations, households, or geographic areas that are disproportionately impacted by the pandemic. In identifying these disproportionately - impacted communities, recipients should be able to support their determination that the pandemic resulted in disproportionate public health or economic outcomes to the 49 Qualified Census Tracts are a common, readily - accessible, and geographically granular method of identifying communities with a large proportion of low-income residents. Using an existing measure may speed implementation and decrease administrative burden, while identifying areas of need at a highly -localized level. While QCTs are an effective tool generally, many tribal communities have households with a wide range of income levels due in part to non -tribal member, high income residents living in the community. Mixed income communities, with a significant share of tribal members at the lowest levels of income, are often not included as eligible QCTs yet tribal residents are experiencing disproportionate impacts due to the pandemic. Therefore, including all services provided by Tribal governments is a more effective means of ensuring that disproportionately impacted Tribal members can receive services. 48 U.S. Department of Housing and Urban Development (HUD), Qualified Census Tracts and Difficult Development Areas, https:// www.haduser.gov/portal/datasets/get.htinI (last visited Apr. 26, 2021); U.S. Department of the Interior, Bureau of Indian Affairs, Indian Lands of Federally Recognized Tribes of the United States (June 2016), littps://www.bia.gov/siteslbia.gov/files/ assets/bia/ots/webteoin/pdf/idcl-028635.pdf (last visited Apr. 26, 2021). specific populations, households, or geographic areas to be served. Given the exacerbation of health disparities during the pandemic and the role of pre-existing social vulnerabilities in driving these disparate outcomes, services to address health disparities are presumed to be responsive to the public health impacts of the pandemic. Specifically, recipients may use payments from the Fiscal Recovery Funds to facilitate access to resources that improve health outcomes, including services that connect residents with health care resources and public assistance programs and build healthier environments, such as: • Funding community health workers to help community members access health services and services to address the social determinants of health; 49 • Funding public benefits navigators to assist community members with navigating and applying for available Federal, State, and local public benefits or services; • Housing services to support healthy living environments and neighborhoods conducive to mental and physical wellness; • Remediation of lead paint or other lead hazards to reduce risk of elevated blood lead levels among children; and • Evidence -based community violence intervention programs to prevent violence and mitigate the increase in violence during the pandemic.50 2. Responding to Negative Economic Impacts Impacts on Households and Individuals. The public health emergency, including the necessary measures taken to protect public health, resulted in significant economic and financial hardship for many Americans. As businesses closed, consumers stayed home, schools shifted to remote 49 The social determinants of health are the social and environmental conditions that affect health outcomes, specifically economic stability, health care access, social context, neighborhoods and built environment, and education access. See, e.g., U.S. Department of Health and Human Services, Office of Disease Prevention and Health Promotion, Healthy People 2030: Social Determinants of Health, littps://liealtli.gov/liealtliypeople/objectives- and-data/social-determinants-liealtli (last visited Apr. 26, 2021). 5"National Commission on COVID-19 and Criminal Justice, Impact Report: COVID-19 and Crime (Jan. 31, 2021), https:// covid 19. coup cilon cj. org/2021 /01 /31 /tin pact -re port- covid-l9-and-crime-3/ (showing a spike in homicide and assaults); Brad Boesrup et al., Alarming Trends in US domestic violence during the COVID-19 pandemic, Am. J. of Emerg. Med. 3£3(12): 2753-55 (Dec. 1, 2020), available at https:// www. a jean journ al. coin/article/S0735- 6757(20)30307-7/fulltext (showing a spike in domestic violence). Page 387 of 510 26792 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations education, and travel declined precipitously, over 20 million jobs were lost in March and April 2020.51 Although many have returned to work, as of April 2021, the economy remains 8.2 million jobs below its pre -pandemic peak,52 and more than 3 million workers have dropped out of the labor market altogether relative to February 2020.53 Rates of unemployment are particularly severe among workers of color and workers with lower levels of educational attainment; for example, the overall unemployment rate in the United States was 6.1 percent in April 2021, but certain groups saw much higher rates: 9.7 percent for Black workers, 7.9 percent for Hispanic or Latino workers, and 9.3 percent for workers without a high school diploma.54 Job losses have also been particularly steep among low wage workers, with these workers remaining furthest from recovery as of the end of 2020.55 A severe recession—and its concentrated impact among low-income workers—has amplified food and housing insecurity, with an estimated nearly 17 million adults living in households where there is sometimes or often not enough food to eat and an estimated 10.7 million adults living in households that were not current on rent.513 Over the course of the pandemic, 51 U.S. Bureau of Labor Statistics, All Employees, Total Nonfarm (PAYEMS), retrieved from FRED, Federal Reserve Bank of St. Louis; https:// frecl.stlouisfecl.org/series/PAYEMS (last visited May B, 2021). 52 Id. 53 U.S. Bureau of Labor Statistics, Civilian Labor Force Level [CLF160V), retrieved from FRED, Federal Reserve Bank of St. Louis, https:// frecl.stlouisfecl.org/series/CLF160V (last visited May B, 2021). 54 U.S. Bureau of Labor Statistics, Labor Force Statistics from the Current Population Survey: Employment status of the civilian population by sex and age (May £3 2021), littps://www.bls.govl news.release/empsit.t01.htin (last visited May B, 2021); U.S. Bureau of Labor Statistics, Labor Force Statistics from the Current Population Survey: Employment statLLS of the civilian 11011111StitUtlonal population by race, Hispanic or Latino ethnicity, sex, and age (May B, 2021), littps://www.bls.govl web/empsit/epseea04.htin (last visited May B, 2021); U.S. Bureau of Labor Statistics, Labor Force Statistics from the Current Population Survey: Employment statLLS of the civilian 11011111StitUtlonal population 25 years and over by educational attainment (May B, 2021), littps://www.bls.gov/web/ empsit/epseea05.htin (last visited May B, 2021). 55 Elise Gould & Jori Kandra, Wages grew in 2020 because the bottom fell out of the low-wage labor market, Economic Policy Institute (Feb. 24, 2021), littps://files.epi.org/pdf/219418.pdf. See also, Michael Dalton et al., The K -Shaped Recovery: Examining the Diverging Fortunes of Workers in the Recovery from the COVID-19 Pandemic using Business and Household Survey Microdata, U.S. Bureau of Labor Statistics Working Paper Series (Feb. 2021), littps://www.bls.govlosinrlresearcl'i- po pers/2021 /pdf/ec210020. pd f. 5a Center on Budget and Policy Priorities, Tracking the COVID-19 Recession's Effects on inequities also manifested along gender lines, as schools closed to in-person activities, leaving many working families without child care during the day.57 Women of color have been hit especially hard: The labor force participation rate for Black women has fallen by 3.2 percentage points 58 during the pandemic as compared to 1.0 percentage points for Black men 541 and 2.0 percentage points for White women. f30 As the economy recovers, the effects of the pandemic -related recession may continue to impact households, including a risk of longer-term effects on earnings and economic potential. For example, unemployed workers, especially those who have experienced longer periods of unemployment, earn lower wages over the long term once rehired.fi1 In addition to the labor market consequences for unemployed workers, recessions can also cause longer-term economic challenges through, among other factors, damaged consumer credit scores f32 and reduced familial and childhood wellbeing.133 Food, Housing, and Employment Hardships, littps://www.cbpp.org/research/poverty-and- in equ ali ty/tra eking-tlie-covid-l9-recessions-e ffects- on-food-housing-and (last visited May B, 2021). 57 Women have carried a larger share of childcare responsibilities than men during the COVID-19 crisis. See, e.g., Gema Zamarro & Maria J. Prados, Gender differences in couples' division of childcare, work and mental health during COVID- 19, Rev. Econ. Household 19:11-40 (2021), available at littps://link.springer.com/article/ 10.1007/x11150-020-09534-7; Titan Alon et al., The Impact of COVID-19 on Gender Equality, National Bureau of Economic Research Working Paper 26947 (April 2020), available at littps://www.nber.org/ papers/w26947. 58 U.S. Bureau of Labor Statistics, Labor Force Participation Rate -20 Yrs. & Over, Black or African American Women [LNS113000321, retrieved from FRED, Federal Reserve Bank of St. Louis; https:// fred.stlouisfed.org/series/LNS11300032 (last visited May B, 2021). 59U.S. Bureau of Labor Statistics, Labor Force Participation Rate -20 Yrs. & Over, Black or African American Men [LNS113000311, retrieved from FRED, Federal Reserve Bank of St. Louis; https: fred.stlouisfed.org/series/LNS11300031 (last visited May B, 2021). aOU.S. Bureau of Labor Statistics, Labor Force Participation Rate -20 Yrs. & Over, White Women [LNS113000291, retrieved from FRED, Federal Reserve Bank of St. Louis; https:// frecl.stlouisfecl.org/series/LNS11300029 (last visited May B, 2021). r" See, e.g., Michael Greenstone & Adam Looney, Unemployment and Earnings Losses: A Look at Long -Term Impacts of the Great Recession on American Workers, Brookings Institution (Nov. 4, 2021), littps://www.brookings.edu/blog/jobs/2011/ 11 /04/un em ployrnen t -an d-earnings-losses-a-look- at-long-term-impacts-of-tlie-great-recession-on- american-workers/. 62 Chi Chi Wu, Solving the Credit Conundrum: Helping Consumers' Credit Records Impaired by the Foreclosure Crisis and Great Recession (Dec. 2013), littps://www.iicic.org/iinages/Pd`f/credit–reports/ re port-credi t -con un drain -2013. pd f. a3Irwin Garfinkel, Sara McLanahan, Christopher Wimer, eds., Children of the Great Recession, These potential long-term economic consequences underscore the continued need for robust policy support. Impacts on Businesses. The pandemic has also severely impacted many businesses, with small businesses hit especially hard. Small businesses make up nearly half of U.S. private -sector employment fi4 and play a key role in supporting the overall economic recovery as they are responsible for two- thirds of net new jobs.f35 Since the beginning of the pandemic, however, 400,000 small businesses have closed, with many more at risk.f313 Sectors with a large share of small business employment have been among those with the most drastic drops in employment_f37 The negative outlook for small businesses has continued: As of April 2021, approximately 70 percent of small businesses reported that the pandemic has had a moderate or large negative effect on their business, and over a third expect that it will take over 6 months for their business to return to their normal level of operations.68 This negative outlook is likely the result of many small businesses having faced periods of closure and having seen declining revenues as customers stayed home.f3`1 In general, small businesses can face greater hurdles in accessing credit,70 and many small businesses were already financially fragile at the outset of the pandemic.71 Non -profits, which provide vital services to communities, have similarly faced Russell Sage Foundation (Aug. 2016), available at hops://www.russellsage.org/publications/cliildren- great-recession. 64 Board of Governors of the Federal Reserve System, supra note 5. 65 U.S. Small Business Administration, Office of Advocacy, Small Businesses Generate 44 Percent of U.S. Economic Activity (Jan. 30, 2019), https:// advocacy. sba.gov/2019/01 /30/small-bu sin else s - generate -44 -percent -c f -u -s -economic -activity/. a6Bfden, supra note 6. 67 Daniel Wilmoth, U.S. Small Business Administration Office of Advocacy, The Effects of the COVID-19 Pandemic on Small Businesses, Issue Brief No. 16 (Mar. 2021), available at https:// edn.advocacy.sba.gov/wp-content/uploads/2021/ 03/0211231 S/COVID-19-hn pact-On-Small- Business.pdf. "U.S. Census Bureau, Small Business Pulse Survey, littps://portal.census.gov/pulse/data/ (last visited May B, 2021). F"Olivia S. Kim et al., Revenue Collapses and the Consumption of Small Business Owners in the Early Stages of the COVID-19 Pandemic (Nov. 2020), littps://www.nber.org/papers/w28151. 70 See e.g., Board of Governors of the Federal Reserve System, Report to Congress on the Availability of Credit to Small Businesses (Sept. 2017), available at littps://www.federalreserve.gov/ pu blica tion s/2017-sep tember-availability-of-credi t- to-small-businesses.litin. 71 Alexander W. Bartik et al., The Impact of COVID-19 on small business outcomes and expectations, PNAS 117(30): 17656-66 (July 2£3, 2020), available at littps://www.pnas.org/content/ 117130117656. Page 388 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26793 economic and financial challenges due to the pandemic.72 Impacts to State, Local, and Tribal Governments. State, local, and Tribal governments have felt substantial fiscal pressures. As noted above, State, local, and Tribal governments have faced significant revenue shortfalls and remain over 1 million jobs below their pre -pandemic staffing levels.73 These reductions in staffing may undermine the ability to deliver services effectively, as well as add to the number of unemployed individuals in their jurisdictions. Exacerbation of Pre-existing Disparities. The COVID-19 public health emergency may have lasting negative effects on economic outcomes, particularly in exacerbating disparities that existed prior to the pandemic. The negative economic impacts of the COVID-19 pandemic are particularly pronounced in certain communities and families. Low- and moderate -income jobs make up a substantial portion of both total pandemic job losses,74 and jobs that require in-person frontline work, which are exposed to greater risk of contracting COVID-19.75 Both factors compound pre-existing vulnerabilities and the likelihood of food, housing, or other financial insecurity in low- and moderate -income families and, given the concentration of low- and moderate - income families within certain communities,713 raise a substantial risk that the effects of the COVID-19 public health emergency will be amplified within these communities. These compounding effect of recessions on concentrated poverty and the long-lasting nature of this effect were observed after the 2007-2009 recession, including a large increase in concentrated poverty with the number of people living in extremely poor 72 Federal Reserve Bank of San Francisco, Impacts of COVID-19 on Nonprofits in the Western United States (May 2020), littps://www.frb,5f.org/ coin in unity -d evelo pmen t/files/im pact -c f-covi d - non profi ts-serving-western-uni ted-sta tes. pd f. 73 Bureau of Labor Statistics, supra note B; Elijah Moreno & Heather Sobrepena, Tribal entities remain resilient as COVID-19 batters their finances, Federal Reserve Bank of Minneapolis (Nov. 10, 2021), littps://www.ininneapoli,5fed.org/article/ 2020/tribal-en ti ties-remain-resilien t -a s-covid-19- ba t tern -their- finances. 74 Kim Parker et al., Economic Fallout from COVID-19 Continues to Hit Lower -Income Americans the Hardest, Pew Research Center (Sept. 24, 2020), littps://www.pewresearcli.org/social- trend s/2020/09/24/econ oinic-fallo a t-froin-covid-19- con till es -to -hit -1 ower -in coin e-american s-th e - hardest/; Gould, supra note 55. 75 See infra Section ILB of this Supplementary Information. 78 Elizabeth Kneebone, The Changing geography of US poverty, Brookings Institution (Feb. 15, 2017), littps://www.brookiiigs.edu/testiinoiiies/tlie- Clio I igh ig-geography-cf-us-poverty/. neighborhoods more than doubling by 2010-2014 relative to 2000.77 Concentrated poverty has a range of deleterious impacts, including additional burdens on families and reduced economic potential and social cohesion. 78 Given the disproportionate impact of COVID-19 on low-income households discussed above, there is a risk that the current pandemic -induced recession could further increase concentrated poverty and cause long- term damage to economic prospects in neighborhoods of concentrated poverty. The negative economic impacts of COVID-19 also include significant impacts to children in disproportionately affected families and include impacts to education, health, and welfare, all of which contribute to long-term economic outcomes.79 Many low-income and minority students, who were disproportionately served by remote or hybrid education during the pandemic, lacked the resources to participate fully in remote schooling or live in households without adults available throughout the day to assist with online coursework.80 Given these trends, the pandemic may widen educational disparities and worsen outcomes for low-income students,81 an 77 Elizabeth Kneebone & Natalie Holmes, U.S. concentrated poverty in the wake of the Great Recession, Brookings Institution (Mar. 31, 2016), littps://www.brookings.edu/researcli/u-s- concentrated-poverty-in-tlie-wake-of-tlie-great- recession/. 78 David Erickson et al., The Enduring Challenge Of Concentrated Poverty in America: Case Studies from Communities Across the U.S. (200£3), available at littps://www.frbsf.org/coininunity-developinent/ files/ep fullreport.pdf. 79Educational quality, as early as Kindergarten, has a long-term impact on children's public health and economic outcomes. See, e.g., Tyler W. Watts et al., The Chicago School Readiness Project: Examining the long-term impacts of an early childhood intervention, PLoS ONE 13(7) (201£3), available at littps://journals.plos.org/Plosone/ article?id=10.1371 /jo urn al. pon e.0200144; Opportunity Insights, How Can We Amplify Education as an Engine of Mobility"? Using big data to help children get the most from school, https:// opportunityinsights.org/education/ (last visited Apr. 26, 2021); U.S. Department of Health and Human Services (HHS), Office of Disease Prevention and Health Promotion, Early Childhood Development and Education, https:// www.liealtliypeople.gov/2020/topics-objectives/ topic/social-detenninants-liealtli/interventions- resources/early-cliildliood-developinen t -and - education (last visited Apr. 26, 2021). 8°See, e.g., Bacher-Hicks, supra note 14. 81 A Department of Education survey fOUnd that, as of February 2021, 42 percent of fourth grade students nationwide were offered only remote education, compared to 4£3 percent of economically disadvantaged students, 54 percent of Black students and 57 percent of Hispanic students. Large districts often disproportionately serve low-income students. See Institute of Education Sciences, Monthly School Survey Dashboard, https:// ies.ed.gov/schoolsurvey/ (last visited Apr. 26, 2021). In summer 2020, a review fOUnd that 74 percent of the largest too districts chose remote learning only. effect that would substantially impact their long-term economic outcomes. Increased economic strain or material hardship due to the pandemic could also have a long-term impact on health, educational, and economic outcomes of young children.82 Evidence suggests that adverse conditions in early childhood, including exposure to poverty, food insecurity, housing insecurity, or other economic hardships, are particularly impactful.8 3 The pandemic's disproportionate economic impacts are also seen in Tribal communities across the country—for Tribal governments as well as families and businesses on and off Tribal lands. In the early months of the pandemic, Native American unemployment spiked to 26 percent and, while partially recovered, remains at nearly 11 percent.84 Tribal enterprises are a significant source of revenue for Tribal governments to support the provision of government services. These enterprises, notably concentrated in gaming, tourism, and hospitality, frequently closed, significantly reducing both revenues to Tribal governments and employment. As a result, Tribal governments have reduced essential services to their citizens and communities.85 Eligible Uses. Sections 602(c)(1)(A) and 603(c)(1)(A) permit use of payments from the Fiscal Recovery Funds to respond to the negative economic impacts of the COVID-19 public health emergency. Eligible uses that respond to the negative economic impacts of the public health emergency must be designed to address an economic harm resulting from or exacerbated by the public health emergency. In considering whether a program or service would be See Education Week, School Districts' Reopening Plans: A Snapshot (Jul. 15, 2020), https:// www. ed week. org/lead ersl'ii p/scliool-di stricts- reopening-plans-a-snapshot/2020/07 (last visited May 4, 2021). 82 HHS, supra note 79. 83 HlrokaZu Yoshikawa, Effects of the Global Coronavirus Disease -2019 Pandemic on Early Childhood Development: Short- and Long -Term Risks and Mitigating Program and Policy Actions, J. of Pediatrics Vol. 223:188-93 (Aug. 1, 2020), available at littps://www.jpeds.coinlarticlelSo022- 3476(20)30606-5/abstract. 84 Based on calculations conducted by the Minneapolis Fed's Center for Indian Country Developmmit using Flood et al. (2020)'s Current Population Survey." Sarah Flood, Miriam King, Renae Rodgers, Steven Ruggles and J. Robert Warren. Integrated Public Use Microdata Series, Current Population Survey: Version £3.0 [dataset]. Minneapolis, MN: IPUMS, 2020. littps://doi.org/ 10.18128/D030.V8.0; see also Donna Feir & Charles Golding, Native Employment During COVID-19: Hard bit in April but Starting to Rebount? (Aug. 5, 2020), littps://www.ininneapolisfed.org/article/ 2020/native-employment-during-covid-19-liit-liard- in-o pril-bu t -starting -to -rebound. 85 Moreno & Sobrepena, supra note 73. Page 389 of 510 26794 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations eligible under this category, the recipient should assess whether, and the extent to which, there has been an economic harm, such as loss of earnings or revenue, that resulted from the COVID-19 public health emergency and whether, and the extent to which, the use would respond or address this harm.813 A recipient should first consider whether an economic harm exists and whether this harm was caused or made worse by the COVID-19 public health emergency. While economic impacts may either be immediate or delayed, assistance or aid to individuals or businesses that did not experience a negative economic impact from the public health emergency would not be an eligible use under this category. In addition, the eligible use must "respond to" the identified negative economic impact. Responses must be related and reasonably proportional to the extent and type of harm experienced; uses that bear no relation or are grossly disproportionate to the type or extent of harm experienced would not be eligible uses. Where there has been a negative economic impact resulting from the public health emergency, States, local, and Tribal governments have broad latitude to choose whether and how to use the Fiscal Recovery Funds to respond to and address the negative economic impact. Sections 602(c)(1)(A) and 603(c)(1)(A) describe several types of uses that would be eligible under this category, including assistance to households, small businesses, and nonprofits and aid to impacted industries such as tourism, travel, and hospitality. To facilitate implementation and use of payments from the Fiscal Recovery Funds, the interim final rule identifies a non-exclusive list of eligible uses of funding that respond to the negative economic impacts of the public health emergency. Consistent with the discussion above, the eligible uses listed below would respond directly to the economic or financial harms resulting from and or exacerbated by the public health emergency. • Assistance to Unemployed Workers. This includes assistance to unemployed workers, including services like job training to accelerate rehiring of unemployed workers; these services may extend to workers unemployed due to the pandemic or the resulting recession, or who were already unemployed when the pandemic began $6hi some cases, a use may be permissible under another eligible use category even if it falls outside the scope of section (c)(1)(A) of the Act. and remain so due to the negative economic impacts of the pandemic. • State Unemployment Insurance Trust Funds. Consistent with the approach taken in the CRF, recipients may make deposits into the state account of the Unemployment Trust Fund established under section 904 of the Social Security Act (42 U.S.C. 1104) up to the level needed to restore the pre - pandemic balances of such account as of January 27, 2020 or to pay back advances received under Title XII of the Social Security Act (42 U.S.C. 1321) for the payment of benefits between January 27, 2020 and May 17, 2021, given the close nexus between Unemployment Trust Fund costs, solvency of Unemployment Trust Fund systems, and pandemic economic impacts. Further, Unemployment Trust Fund deposits can decrease fiscal strain on Unemployment Insurance systems impacted by the pandemic. States facing a sharp increase in Unemployment Insurance claims during the pandemic may have drawn down positive Unemployment Trust Fund balances and, after exhausting the balance, required advances to fund continuing obligations to claimants. Because both of these impacts were driven directly by the need for assistance to unemployed workers during the pandemic, replenishing Unemployment Trust Funds up to the pre -pandemic level responds to the pandemic's negative economic impacts on unemployed workers. • Assistance to Households. Assistance to households or populations facing negative economic impacts due to COVID-19 is also an eligible use. This includes: Food assistance; rent, mortgage, or utility assistance; counseling and legal aid to prevent eviction or homelessness; cash assistance (discussed below); emergency assistance for burials, home repairs, weatherization, or other needs; internet access or digital literacy assistance; or job training to address negative economic or public health impacts experienced due to a worker's occupation or level of training. As discussed above, in considering whether a potential use is eligible under this category, a recipient must consider whether, and the extent to which, the household has experienced a negative economic impact from the pandemic. In assessing whether a household or population experienced economic harm as a result of the pandemic, a recipient may presume that a household or population that experienced unemployment or increased food or housing insecurity or is low- or moderate -income experienced negative economic impacts resulting from the pandemic. For example, a cash transfer program may focus on unemployed workers or low- and moderate -income families, which have faced disproportionate economic harms due to the pandemic. Cash transfers must be reasonably proportional to the negative economic impact they are intended to address. Cash transfers grossly in excess of the amount needed to address the negative economic impact identified by the recipient would not be considered to be a response to the COVID-19 public health emergency or its negative impacts. In particular, when considering the appropriate size of permissible cash transfers made in response to the COVID-19 public health emergency, State, local and Tribal governments may consider and take guidance from the per person amounts previously provided by the Federal Government in response to the COVID-19 crisis. Cash transfers that are grossly in excess of such amounts would be outside the scope of eligible uses under sections 602(c)(1)(A) and 603(c)(1)(A) and could be subject to recoupment. In addition, a recipient could provide survivor's benefits to surviving family members of COVID-19 victims, or cash assistance to widows, widowers, and dependents of eligible COVID-19 victims. • Expenses to Improve Efficacy of Economic Belief Programs. State, local, and Tribal governments may use payments from the Fiscal Recovery Funds to improve efficacy of programs addressing negative economic impacts, including through use of data analysis, targeted consumer outreach, improvements to data or technology infrastructure, and impact evaluations. • Small Businesses and Non -profits. As discussed above, small businesses and non -profits faced significant challenges in covering payroll, mortgages or rent, and other operating costs as a result of the public health emergency and measures taken to contain the spread of the virus. State, local, and Tribal governments may provide assistance to small businesses to adopt safer operating procedures, weather periods of closure, or mitigate financial hardship resulting from the COVID-19 public health emergency, including: Loans or grants to mitigate financial hardship such as declines in revenues or impacts of periods of business closure, for example by supporting payroll and benefits costs, costs to retain employees, mortgage, rent, or utilities costs, and other operating costs; Loans, grants, or in-kind assistance to implement COVID-19 prevention or mitigation tactics, such as physical Page 390 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26795 plant changes to enable social distancing, enhanced cleaning efforts, barriers or partitions, or COVID-19 vaccination, testing, or contact tracing programs; and c Technical assistance, counseling, or other services to assist with business planning needs. As discussed above, these services should respond to the negative economic impacts of COVID-19. Recipients may consider additional criteria to target assistance to businesses in need, including small businesses. Such criteria may include businesses facing financial insecurity, substantial declines in gross receipts (e.g., comparable to measures used to assess eligibility for the Paycheck Protection Program), or other economic harm due to the pandemic, as well as businesses with less capacity to weather financial hardship, such as the smallest businesses, those with less access to credit, or those serving disadvantaged communities. Recipients should consider local economic conditions and business data when establishing such criteria.87 • Rehiring State, Local, and Tribal Government Staff. State, local, and Tribal governments continue to see pandemic impacts in overall staffing levels: State, local, and Tribal government employment remains more than 1 million jobs lower in April 2021 than prior to the pandemic.aa Employment losses decrease a state or local government's ability to effectively administer services. Thus, the interim final rule includes as an eligible use payroll, covered benefits, and other costs associated with rehiring public sector staff, up to the pre -pandemic staffing level of the government. • Aid to Impacted Industries. Sections 602(c)(1)(A) and 603(c)(1)(A) recognize that certain industries, such as tourism, travel, and hospitality, were disproportionately and negatively impacted by the COVID-19 public health emergency. Aid provided to tourism, travel, and hospitality industries should respond to the negative economic impacts of the 87 See Federal Reserve Bank of Cleveland, An Uphill Battle: COVID-19's Outsized Toll on Minority -Owned Firms (Oct. B, 2020), https:// www.clevelaildfed.org/`lewsrooin-aild-eveilts/ pu blica tion s/community-d evel opinen t -brie fs/d b- 20201008-inisera-report.aspx (discussing the impact of COVID-19 on minority owned bLLS111eSSe S). "" U.S. Bureau of Labor Statistics, All Employees, State Government [CES9092000001) and All Employees, Local Government [CES9093000001), retrieved from FRED, Federal Reserve Bank of St. Louis, littps://fred.stlouisfed.org/series/ CES9092000001 and littps://fred.stloui,5fed.org/ series/CES9093000001 (last visited May £i, 2021). pandemic on those and similarly impacted industries. For example, aid may include assistance to implement COVID-19 mitigation and infection prevention measures to enable safe resumption of tourism, travel, and hospitality services, for example, improvements to ventilation, physical barriers or partitions, signage to facilitate social distancing, provision of masks or personal protective equipment, or consultation with infection prevention professionals to develop safe reopening plans. Aid may be considered responsive to the negative economic impacts of the pandemic if it supports businesses, attractions, business districts, and Tribal development districts operating prior to the pandemic and affected by required closures and other efforts to contain the pandemic. For example, a recipient may provide aid to support safe reopening of businesses in the tourism, travel, and hospitality industries and to business districts that were closed during the COVID-19 public health emergency, as well as aid for a planned expansion or upgrade of tourism, travel, and hospitality facilities delayed due to the pandemic. When considering providing aid to industries other than tourism, travel, and hospitality, recipients should consider the extent of the economic impact as compared to tourism, travel, and hospitality, the industries enumerated in the statute. For example, on net, the leisure and hospitality industry has experienced an approximately 24 percent decline in revenue and approximately 17 percent decline in employment nationwide due to the COVID-19 public health emergency.a" Recipients should also consider whether impacts were due to the COVID-19 pandemic, as opposed to longer-term economic or industrial trends unrelated to the pandemic. To facilitate transparency and accountability, the interim final rule requires that State, local, and Tribal governments publicly report assistance provided to private -sector businesses under this eligible use, including "From February 2020 to April 2021, employment in "Leisure and hospitality" has fallen by approximately 17 percent. See U.S. Bureau of Labor Statistics, All Employees, Leisure and Hospitality, retrieved from FRED, Federal Reserve Bank of St. Louis, https://fred.stlouisfed.org/series/ USLAH (last visited May B, 2021). From 2019Q4 to 2020Q4, gross output (e.g. revenue) in arts, entertainment, recreation, accommodation, and food services has fallen by approximately 24 percent. See Bureau of Economic Analysis, News Release: Gross Domestic Product (Third Estimate), Corporate Profits, and GDP by Industry, Fourth Quarter and Year 2020 (Mar. 25, 2021), Table 17, littps://www.bea.govlsitesldefaultlfiles12021-031 gd p4g20_3rd. pd f. tourism, travel, hospitality, and other impacted industries, and its connection to negative economic impacts of the pandemic. Recipients also should maintain records to support their assessment of how businesses or business districts receiving assistance were affected by the negative economic impacts of the pandemic and how the aid provided responds to these impacts. As discussed above, economic disparities that existed prior to the COVID-19 public health emergency amplified the impact of the pandemic among low-income and minority groups. These families were more likely to face housing, food, and financial insecurity; are over -represented among low-wage workers; and many have seen their livelihoods deteriorate further during the pandemic and economic contraction. In recognition of the disproportionate negative economic impacts on certain communities and populations, the interim final rule identifies services and programs that will be presumed to be responding to the negative economic impacts of the COVID-19 public health emergency when provided in these communities. Specifically, Treasury will presume that certain types of services, outlined below, are eligible uses when provided in a QCT, to families and individuals living in QCTs, or when these services are provided by Tribal governments."0 Recipients may also provide these services to other populations, households, or geographic areas disproportionately impacted by the pandemic. In identifying these disproportionately impacted communities, recipients should be able to support their determination that the pandemic resulted in disproportionate public health or economic outcomes to the specific populations, households, or geographic areas to be served. The interim final rule identifies a non- exclusive list of uses that address the disproportionate negative economic effects of the COVID-19 public health emergency, including: Building Stronger Communities through Investments in Housing and Neighborhoods. The economic impacts of COVID-19 have likely been most acute in lower-income neighborhoods, including concentrated areas of high unemployment, limited economic opportunity, and housing insecurity."1 411 HUD, supra note 48. "1 Stuart M. Butler & Jonathan Grabinsky, Tackling the legacy of persistent urban inequality and concentrated poverty, Brookings Institution (Nov. 16, 2020), littps://www.brookings.edu/blog/ up front/2020/11/16/tackling-tlie-legacy-of- continued Page 391 of 510 26796 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations Services in this category alleviate the immediate economic impacts of the COVID-19 pandemic on housing insecurity, while addressing conditions that contributed to poor public health and economic outcomes during the pandemic, namely concentrated areas with limited economic opportunity and inadequate or poor -quality housing.92 Eligible services include: ■ Services to address homelessness such as supportive housing, and to improve access to stable, affordable housing among unhoused individuals; ■ Affordable housing development to increase supply of affordable and high- quality living units; and ■ Housing vouchers, residential counseling, or housing navigation assistance to facilitate household moves to neighborhoods with high levels of economic opportunity and mobility for low-income residents, to help residents increase their economic opportunity and reduce concentrated areas of low economic opportunity.9�3 c AddressingEducational Disparities. As outlined above, school closures and the transition to remote education raised particular challenges for lower-income students, potentially exacerbating educational disparities, while increases in economic hardship among families could have long-lasting impacts on children's educational and economic prospects. Services under this prong would enhance educational supports to help mitigate impacts of the pandemic. Eligible services include: ■ New, expanded, or enhanced early learning services, including pre- kindergarten, Head Start, or partnerships between pre -kindergarten programs and local education authorities, or administration of those services; ■ Providing assistance to high -poverty school districts to advance equitable funding across districts and geographies; ■ Evidence -based educational services and practices to address the academic needs of students, including tutoring, summer, afterschool, and other persister t -urban -in equ ali ty-and-concen tra ted - poverty/. 92 U.S. Department of Health and Human Services (HHS), Office of Disease Prevention and Health Promotion, Quality of Housing, https:// www.liealtliypeople.gov/2020/topics-objectives/ topic/social-determinants-liealtli/interventions- resources/quality-of-liousing#11 (last visited Apr. 26, 2021). 93 The Opportunity Atlas, https:// www.opportunityatlas.org/ (last visited Apr. 26, 2021); Raj Chetty & Nathaniel Hendren, The Impacts of Neighborhoods on Intergenerational Mobility I: Childhood Exposure Effects, Quarterly J. of Econ. 133(3):1107-162 (201£3), available at ]ittps:llopportuiiityiiisights.org/Paperl neighborhoodsi/. extended learning and enrichment programs; and ■ Evidence -based practices to address the social, emotional, and mental health needs of students; Promoting Healthy Childhood Environments. Children's economic and family circumstances have a long-term impact on their future economic outcomes.94 Increases in economic hardship, material insecurity, and parental stress and behavioral health challenges all raise the risk of long-term harms to today's children due to the pandemic. Eligible services to address this challenge include: ■ New or expanded high-quality childcare to provide safe and supportive care for children; ■ Home visiting programs to provide structured visits from health, parent educators, and social service professionals to pregnant women or families with young children to offer education and assistance navigating resources for economic support, health needs, or child development; and ■ Enhanced services for child welfare - involved families and foster youth to provide support and training on child development, positive parenting, coping skills, or recovery for mental health and substance use challenges. State, local, and Tribal governments are encouraged to use payments from the Fiscal Recovery Funds to respond to the direct and immediate needs of the pandemic and its negative economic impacts and, in particular, the needs of households and businesses that were disproportionately and negatively impacted by the public health emergency. As highlighted above, low- income communities and workers and people of color have faced more severe health and economic outcomes during the pandemic, with pre-existing social vulnerabilities like low-wage or insecure employment, concentrated neighborhoods with less economic opportunity, and pre-existing health disparities likely contributing to the magnified impact of the pandemic. The Fiscal Recovery Funds provide resources to not only respond to the immediate harms of the pandemic but also to mitigate its longer-term impact in compounding the systemic public health and economic challenges of disproportionately impacted populations. Treasury encourages recipients to consider funding uses that foster a strong, inclusive, and equitable recovery, especially uses with long-term benefits for health and economic outcomes. 94 See supra notes 52 and £34. Uses Outside the Scope of this Category. Certain uses would not be within the scope of this eligible use category, although may be eligible under other eligible use categories. A general infrastructure project, for example, typically would not be included unless the project responded to a specific pandemic public health need (e.g., investments in facilities for the delivery of vaccines) or a specific negative economic impact like those described above (e.g., affordable housing in a QCT). The ARPA explicitly includes infrastructure if it is "necessary" and in water, sewer, or broadband. See Section II.D of this SUPPLEMENTARY INFORMATION. State, local, and Tribal governments also may use the Fiscal Recovery Funds under sections 602(c)(1)(C) or 603(c)(1)(C) to provide "government services" broadly to the extent of their reduction in revenue. See Section II.0 of this SUPPLEMENTARY INFORMATION. This category of eligible uses also would not include contributions to rainy day funds, financial reserves, or similar funds. Resources made available under this eligible use category are intended to help meet pandemic response needs and provide relief for households and businesses facing near - and long-term negative economic impacts. Contributions to rainy day funds and similar financial reserves would not address these needs or respond to the COVID-19 public health emergency but would rather constitute savings for future spending needs. Similarly, this eligible use category would not include payment of interest or principal on outstanding debt instruments, including, for example, short-term revenue or tax anticipation notes, or other debt service costs. As discussed below, payments from the Fiscal Recovery Funds are intended to be used prospectively and the interim final rule precludes use of these funds to cover the costs of debt incurred prior to March 3, 2021. Fees or issuance costs associated with the issuance of new debt would also not be covered using payments from the Fiscal Recovery Funds because such costs would not themselves have been incurred to address the needs of pandemic response or its negative economic impacts. The purpose of the Fiscal Recovery Funds is to provide fiscal relief that will permit State, local, and Tribal governments to continue to respond to the COVID-19 public health emergency. For the same reasons, this category of eligible uses would not include satisfaction of any obligation arising under or pursuant to a settlement agreement, judgment, consent decree, or judicially confirmed debt restructuring Page 392 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26797 plan in a judicial, administrative, or regulatory proceeding, except to the extent the judgment or settlement requires the provision of services that would respond to the COVID-19 public health emergency. That is, satisfaction of a settlement or judgment would not itself respond to COVID-19 with respect to the public health emergency or its negative economic impacts, unless the settlement requires the provision of services or aid that did directly respond to these needs, as described above. In addition, as described in Section VIII of this SUPPLEMENTARY INFORMATION, Treasury will establish reporting and record keeping requirements for uses within this category, including enhanced reporting requirements for certain types of uses. Question 1: Are there other types of services or costs that Treasury should consider as eligible uses to respond to the public health impacts of COVID-19? Describe how these respond to the COVID-19 public health emergency. Question 2: The interim final rule permits coverage of payroll and benefits costs of public health and safety staff primarily dedicated to COVID-19 response, as well as rehiring of public sector staff up to pre -pandemic levels. For how long should these measures remain in place? What other measures or presumptions might Treasury consider to assess the extent to which public sector staff are engaged in COVID-19 response, and therefore reimbursable, in an easily -administrable manner? Question 3: The interim final rule permits rehiring of public sector staff up to the government's pre -pandemic staffing level, which is measured based on employment as of January 27, 2020. Does this approach adequately measure the pre -pandemic staffing level in a manner that is both accurate and easily administrable? Why or why not? Question 4: The interim final rule permits deposits to Unemployment Insurance Trust Funds, or using funds to pay back advances, up to the pre - pandemic balance. What, if any, conditions should be considered to ensure that funds repair economic impacts of the pandemic and strengthen unemployment insurance systems? Question 5: Are there other types of services or costs that Treasury should consider as eligible uses to respond to the negative economic impacts of COVID-19? Describe how these respond to the COVID-19 public health emergency. Question 6: What other measures, presumptions, or considerations could be used to assess "impacted industries" affected by the COVID-19 public health emergency? Question 7: What are the advantages and disadvantages of using Qualified Census Tracts and services provided by Tribal governments to delineate where a broader range of eligible uses are presumed to be responsive to the public health and economic impacts of COVID-19? What other measures might Treasury consider? Are there other populations or geographic areas that were disproportionately impacted by the pandemic that should be explicitly included? Question 8: Are there other services or costs that Treasury should consider as eligible uses to respond to the disproportionate impacts of COVID-19 on low-income populations and communities? Describe how these respond to the COVID-19 public health emergency or its negative economic impacts, including its exacerbation of pre-existing challenges in these areas. Question 9: The interim final rule includes eligible uses to support affordable housing and stronger neighborhoods in disproportionately - impacted communities. Discuss the advantages and disadvantages of explicitly including other uses to support affordable housing and stronger neighborhoods, including rehabilitation of blighted properties or demolition of abandoned or vacant properties. In what ways does, or does not, this potential use address public health or economic impacts of the pandemic? What considerations, if any, could support use of Fiscal Recovery Funds in ways that do not result in resident displacement or loss of affordable housing units? B. Premium Pay Fiscal Recovery Funds payments may be used by recipients to provide premium pay to eligible workers performing essential work during the COVID-19 public health emergency or to provide grants to third -party employers with eligible workers performing essential work.95 These are workers who have been and continue to be relied on to maintain continuity of operations of essential critical infrastructure sectors, including those who are critical to protecting the health and wellbeing of their communities. Since the start of the COVID-19 public health emergency in January 2020, essential workers have put their physical wellbeing at risk to meet the daily needs of their communities and to provide care for others. In the course of this work, many essential workers have 95sectionS 602(c)(1)(B), 603(c)(1)(B) of the Act. contracted or died of COVID-19.`313 Several examples reflect the severity of the health impacts for essential workers. Meat processing plants became "hotspots" for transmission, with 700 new cases reported at a single plant on a single day in May 2020.97 In New York City, 120 employees of the Metropolitan Transit Authority were estimated to have died due to COVID-19 by mid-May 2020, with nearly 4,000 testing positive for the virus." Furthermore, many essential workers are people of color or low-wage workers.` 9 These workers, in particular, have borne a disproportionate share of the health and economic impacts of the pandemic. Such workers include: • Staff at nursing homes, hospitals, and home care settings; • Workers at farms, food production facilities, grocery stores, and restaurants; • Janitors and sanitation workers; • Truck drivers, transit staff, and warehouse workers; • Public health and safety staff, • Childcare workers, educators, and other school staff, and • Social service and human services staff. During the public health emergency, employers' policies on COVID-19- related hazard pay have varied widely, with many essential workers not yet compensated for the heightened risks they have faced and continue to face.100 oe See, e.g., Centers for Disease Control and Prevention, COVID Data Tracker: Cases & Death among Healthcare Personnel, https://covid.ede.gov/ covid-data-tracker/#health-care-personnel (last visited May 4, 2021); Centers for Disease Control and Prevention, COVID Data Tracker: Confirmed COVID-19 Cases and Deaths among Staff and Rate per 1,000 Resident -Weeks in Nursing Homes, by Week—United States, https://covid.ede.gov/covid- data-tracker/#nursing-liome-staff (last visited May 4, 2021). 97 See, e.g., The Lancet, The plight of essential workers during the COVID-19 pandemic, Vol. 395, Issue 10237:15£37 (May 23, 2020), available at littps://www.tlielailcet.coinljounialsllaiicetlarticlel PIIS0140-6736 %2820 %2931200-9/full t ext. `)8 Id. "Joanna Gaitens et al., Covid-19 and essential workers: A narrative review of health outcomes and moral injury, hit'l J. of Envtl. Research and Pub. Health 1£3(4):1446 (Feb. 4, 2021), available at littps://pub3ned.ncbi.nhn.nili.gov/33557075/; Tiana N. Rogers et al., Racial Disparities in COVID-19 Mortality Among Essential Workers in the United States, World Med. & Health policy 12(3):311-27 (Aug. 5, 2020), available at https:// onlin elibrary. Wiley. coin/d oi/full/10.1002/wrnli3.358 (finding that vulnerability to coronavirus exposure was increased among non -Hispanic blacks, who disproportionately occupied the top nine essential occupations). "I" Economic Policy hlStitnte, Only 30% of those working outside their home are receiving hazard pay (June 16, 2020), littps://www.epi.org/press/only- 30-of-tliose-working-outside-tlieir-liome-are- receiving-li azard-pay-black-and-hispanic-workers- are-3nost-con cerned-a bou t-bringing-tlie- coron aviru s -home/. Page 393 of 510 26798 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations Many of these workers earn lower wages on average and live in socioeconomically vulnerable communities as compared to the general population.101 A recent study found that 25 percent of essential workers were estimated to have low household income, with 13 percent in high-risk households.102 The low pay of many essential workers makes them less able to cope with the financial consequences of the pandemic or their work-related health risks, including working hours lost due to sickness or disruptions to childcare and other daily routines, or the likelihood of COVID-19 spread in their households or communities. Thus, the threats and costs involved with maintaining the ongoing operation of vital facilities and services have been, and continue to be, borne by those that are often the most vulnerable to the pandemic. The added health risk to essential workers is one prominent way in which the pandemic has amplified pre-existing socioeconomic inequities. The Fiscal Recovery Funds will help respond to the needs of essential workers by allowing recipients to remunerate essential workers for the elevated health risks they have faced and continue to face during the public health emergency. To ensure that premium pay is targeted to workers that faced or face heightened risks due to the character of their work, the interim final rule defines essential work as work involving regular in-person interactions or regular physical handling of items that were also handled by others. A worker would not be engaged in essential work and, accordingly may not receive premium pay, for telework performed from a residence. Sections 602(8)(2) and 603(8)(2) define eligible worker to mean "those workers needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as each Governor of a State or territory, or each Tribal government, may designate as critical to protect the health and well-being of the residents of their State, territory, or Tribal government." 103 The rule incorporates this definition and provides a list of industries recognized as essential critical infrastructure sectors.104 These sectors include healthcare, public health and safety, childcare, education, sanitation, transportation, and food production and services, among others 1111 McCormack, supra note 37. 11z Id. 1113 Sections 602(g)(2), 603(g)(2) of the Act. 1114 The list of critical infrastruchire sectors provided in the interim final rule is based on the list of essential workers wider The Heroes Act, H.R. 6£300, 116th Cong. (2020). as noted above. As provided under sections 602(g)(2) and 603(g)(2), the chief executive of each recipient has discretion to add additional sectors to this list, so long as additional sectors are deemed critical to protect the health and well-being of residents. In providing premium pay to essential workers or grants to eligible employers, a recipient must consider whether the pay or grant would "respond to" to the worker or workers performing essential work. Premium pay or grants provided under this section respond to workers performing essential work if it addresses the heightened risk to workers who must be physically present at a jobsite and, for many of whom, the costs associated with illness were hardest to bear financially. Many of the workers performing critical essential services are low- or moderate -income workers, such as those described above. The ARPA recognizes this by defining premium pay to mean an amount up to $13 per hour in addition to wages or remuneration the worker otherwise receives and in an aggregate amount not to exceed $25,000 per eligible worker. To ensure the provision is implemented in a manner that compensates these workers, the interim final rule provides that any premium pay or grants provided using the Fiscal Recovery Funds should prioritize compensation of those lower income eligible workers that perform essential work. As such, providing premium pay to eligible workers responds to such workers by helping address the disparity between the critical services and risks taken by essential workers and the relatively low compensation they tend to receive in exchange. If premium pay would increase a worker's total pay above 150 percent of their residing state's average annual wage for all occupations, as defined by the Bureau of Labor Statistics' Occupational Employment and Wage Statistics, or their residing county's average annual wage, as defined by the Bureau of Labor Statistics' Occupational Employment and Wage Statistics, whichever is higher, on an annual basis, the State, local, or Tribal government must provide Treasury and make publicly available, whether for themselves or on behalf of a grantee, a written justification of how the premium pay or grant is responsive to workers performing essential worker during the public health emergency.105 1115 County median annual wage is taken to be that of the metropolitan or nonmetropolitan area that includes the county. See U.S. Bureau of Labor Statistics, State Occupational Employment and Wage Estimates, littps://www.bls.govloes/current/ oessrest.htm (last visited May 1, 2021); U.S. Bureau The threshold of 150 percent for requiring additional written justification is based on an analysis of the distribution of labor income for a sample of 20 occupations that generally correspond to the essential workers as defined in the interim final rule.1013 For these occupations, labor income for the vast majority of workers was under 150 percent of average annual labor income across all occupations. Treasury anticipates that the threshold of 150 percent of the annual average wage will be greater than the annual average wage of the vast majority of eligible workers performing essential work. These enhanced reporting requirements help to ensure grants are directed to essential workers in critical infrastructure sectors and responsive to the impacts of the pandemic observed among essential workers, namely the mis-alignment between health risks and compensation. Enhanced reporting also provides transparency to the public. Finally, using a localized measure reflects differences in wages and cost of living across the country, making this standard administrable and reflective of essential worker incomes across a diverse range of geographic areas. Furthermore, because premium pay is intended to compensate essential workers for heightened risk due to COVID-19, it must be entirely additive to a worker's regular rate of wages and other remuneration and may not be used to reduce or substitute for a worker's normal earnings. The definition of premium pay also clarifies that premium pay may be provided retrospectively for work performed at any time since the start of the COVID- 19 public health emergency, where those workers have yet to be compensated adequately for work previously performed.107 Treasury encourages recipients to prioritize providing retrospective premium pay where possible, recognizing that many essential workers have not yet received additional compensation for work conducted over the course of many of Labor Statistics, May 2020 Metropolitan and Nonmetropolitan Area Estimates listed by county or town, littps://www.bls.govloeslcurreiiticouiity— links.hon (last visited May 1, 2021). 1O11Treasury performed this analysis with data from the U.S. Censusun Bureau's 2019 Annual Social and Economic Supplemmit. In determining which occupations to include in this analysis, Treasury excluded management and supervisory positions, as such positions may not necessarily involve regular in-person interactions or physical handling of items to the same extent as non -managerial positions. 1117 However, such compensation must be "in addition to" remuneration or wages already received. That is, employers may not reduce such workers' current pay and use Fiscal Recovery Funds to compensate themselves for premium pay previously provided to the worker. Page 394 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26799 months. Essential workers who have already earned premium pay for essential work performed during the COVID-19 public health emergency remain eligible for additional payments, and an essential worker may receive both retrospective premium pay for prior work as well as prospective premium pay for current or ongoing work. To ensure any grants respond to the needs of essential workers and are made in a fair and transparent manner, the rule imposes some additional reporting requirements for grants to third -party employers, including the public disclosure of grants provided. See Section VIII of this SUPPLEMENTARY INFORMATION, discussing reporting requirements. In responding to the needs of essential workers, a grant to an employer may provide premium pay to eligible workers performing essential work, as these terms are defined in the interim final rule and discussed above. A grant provided to an employer may also be for essential work performed by eligible workers pursuant to a contract. For example, if a municipality contracts with a third party to perform sanitation work, the third -party contractor could be eligible to receive a grant to provide premium pay for these eligible workers. Question 10: Are there additional sectors beyond those listed in the interim final rule that should be considered essential critical infrastructure sectors? Question 11: What, if any, additional criteria should Treasury consider to ensure that premium pay responds to essential workers? Question 12: What consideration, if any, should be given to the criteria on salary threshold, including measure and level, for requiring written justification? C. Revenue Loss Recipients may use payments from the Fiscal Recovery Funds for the provision of government services to the extent of the reduction in revenue experienced due to the COVID-19 public health emergency.108 Pursuant to sections 602(c)(1)(C) and 603(c)(1)(C) of the Act, a recipient's reduction in revenue is measured relative to the revenue collected in the most recent full fiscal year prior to the emergency. Many State, local, and Tribal governments are experiencing significant budget shortfalls, which can have a devastating impact on communities. State government tax revenue from major sources were down 4.3 percent in the six months ended September 2020, relative to the same 1113ARPA, supra note 16. period 2019.109 At the local level, nearly 90 percent of cities have reported being less able to meet the fiscal needs of their communities and, on average, cities expect a double-digit decline in general fund revenues in their fiscal year 2021.110 Similarly, surveys of Tribal governments and Tribal enterprises found majorities of respondents reporting substantial cost increases and revenue decreases, with Tribal governments reporting reductions in healthcare, housing, social services, and economic development activities as a result of reduced revenues."' These budget shortfalls are particularly problematic in the current environment, as State, local, and Tribal governments work to mitigate and contain the COVID-19 pandemic and help citizens weather the economic downturn. Further, State, local, and Tribal government budgets affect the broader economic recovery. During the period following the 2007-2009 recession, State and local government budget pressures led to fiscal austerity that was a significant drag on the overall economic recovery.112 Inflation- adjusted State and local government revenue did not return to the previous peak until 2013,113 while State, local, and Tribal government employment did not recover to its prior peak for over a decade, until August 2019—just a few months before the COVID-19 public health emergency began.114 111`1 Major sources include personal income tax, corporate income tax, sales tax, and property tax. See Lucy Dadayan., States Reported Revenue Growth in July—September Quarter, Reflecting Revenue Shifts from the Prior Quarter, State Tax and Econ. Rev. (Q. 3, 2020), available at https:// www. urban. org/sites/default/files/publication/ 103938/sta te-tax-and-econ oinic-revie w -2020-q3_ o.pdf. "'I National League of Cities, City Fiscal Conditions (2020), available at littps://www.iilc.org/ wp-content/uploads/2020/08/City_Fiscal_ Conditions 2020 — FINAL.pd f. 111 Surveys conucted by the Center for Indian Country Development at the Federal Reserve Bank of Minneapolis in March, April, and September 2020. See Moreno & Sobrepena, supra note 73. 112 See, e.g., Fitzpatrick, Haughwout & Setren, Fiscal Drag from the State and Local Sector?, Liberty Street Economics Blog, Federal Reserve Bank of New York (June 27, 2012), https:// www.Iibertystreeteconoinics.newyorkfed.org/2012/ 06/fi seal-drag-from-the-sta te-and-local-sectonh tin 1; Jiri Jonas, Great Recession and Fiscal Squeeze at U.S. Subnational Government Level, IMF Working Paper 12/1£34, (July 2012), available at https:// www.iinf.org/external/pubs/ft/wp/2012/ wp12184.pdf, Gordon, supra note 9. 113 State and local government general revenue from own sources, adjusted for inflation using the GDP price index. U.S. Census Bureau, Annual Survey of State Government Finances and U.S. Bureau of Economic Analysis, National Income and Product ACCOU11tS. 114 U.S. Bureau of Labor Statistics, All Employees, State Government [CES90920000011 and All Employees, Local Government [CES90930000011, Sections 602(c)(1)(C) and 603(c)(1)(C) of the Act allow recipients facing budget shortfalls to use payments from the Fiscal Recovery Funds to avoid cuts to government services and, thus, enable State, local, and Tribal governments to continue to provide valuable services and ensure that fiscal austerity measures do not hamper the broader economic recovery. The interim final rule implements these provisions by establishing a definition of "general revenue" for purposes of calculating a loss in revenue and by providing a methodology for calculating revenue lost due to the COVID-19 public health emergency. General Revenue. The interim final rule adopts a definition of "general revenue" based largely on the components reported under "General Revenue from Own Sources" in the Census Bureau's Annual Survey of State and Local Government Finances, and for purposes of this interim final rule, helps to ensure that the components of general revenue would be calculated in a consistent manner.115 By relying on a methodology that is both familiar and comprehensive, this approach minimizes burden to recipients and provides consistency in the measurement of general revenue across a diverse set of recipients. The interim final rule defines the term "general revenue" to include revenues collected by a recipient and generated from its underlying economy and would capture a range of different types of tax revenues, as well as other types of revenue that are available to support government services.116 In calculating revenue, recipients should sum across all revenue streams covered as general revenue. This approach minimizes the administrative burden for recipients, provides for greater consistency across recipients, and presents a more accurate representation of the overall impact of retrieved from FRED, Federal Reserve Bank of St. Louis, https://fred.stlouisfed.org/series/ CES9092000001 and littps:llfred.stlouisfed.org/ series/CES9093000001 (last visited Apr. 27, 2021). 115 U.S. Census Bureau, Annual Survey of State and Local Government Finances, https:// www.census.gov/progralns-surveys/gov- finances.laml (last visited Apr. 30, 2021). 116 The interim final rule would define tax re Vee LLe in a manner consistent with the CenSUS Bureau's definition of tax revenue, with certain changes (i.e., inclusion of revenue from liquor stores and certain intergovernmental transfers). Current charges are defined as "charges imposed for providing current services or for the sale of products in connection with general government activities." It includes revenues such as public education institution, public hospital, and toll revenues. Miscellaneous general revenue comprises of all other general revenue of governmmits from their own sources (i.e., other than liquor store, Utility, and insurance trust revenue), including rents, royalties, lottery proceeds, and fines. Page 395 of 510 26800 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations the COVID-19 public health emergency on a recipient's revenue, rather than relying on financial reporting prepared by each recipient, which vary in methodology used and which generally aggregates revenue by purpose rather than by source.117 Consistent with the Census Bureau's definition of "general revenue from own sources," the definition of general revenue in the interim final rule would exclude refunds and other correcting transactions, proceeds from issuance of debt or the sale of investments, and agency or private trust transactions. The definition of general revenue also would exclude revenue generated by utilities and insurance trusts. In this way, the definition of general revenue focuses on sources that are generated from economic activity and are available to fund government services, rather than a fund or administrative unit established to account for and control a particular activity.118 For example, public utilities typically require financial support from the State, local, or Tribal government, rather than providing revenue to such government, and any revenue that is generated by public utilities typically is used to support the public utility's continued operation, rather than being used as a source of revenue to support government services generally. The definition of general revenue would include all revenue from Tribal enterprises, as this revenue is generated from economic activity and is available to fund government services. Tribes are not able to generate revenue through taxes in the same manner as State and local governments and, as a result, Tribal enterprises are critical sources of revenue for Tribal governments that enable Tribal governments to provide a range of services, including elder care, health clinics, wastewater management, and forestry. Finally, the term "general revenue" includes intergovernmental transfers between State and local governments, but excludes intergovernmental transfers from the Federal Government, including Federal transfers made via a State to a local government pursuant to the CRF or as part of the Fiscal Recovery Funds. States and local governments often share or collect revenue on behalf of one another, which results in 117 Fund -oriented reporting, such as what is used wider the Governmental Accounting Standards Board (GASB), focuses on the types of uses and activities funded by the revenue, as opposed to the economic activity from which the revenue is sourced. See Governmental Accounting Standards Series, Statement No. 54 of the Governmental Accounting Standards Board: Fund Balance Reporting and Governmental Fund Type Definitions, No. 2£37—B (Feb. 2009). 11" Supra note 116. intergovernmental transfers. When attributing revenue to a unit of government, the Census Bureau's methodology considers which unit of government imposes, collects, and retains the revenue and assigns the revenue to the unit of government that meets at least two of those three factors.'" For purposes of measuring loss in general revenue due to the COVID-19 public health emergency and to better allow continued provision of government services, the retention and ability to use the revenue is a more critical factor. Accordingly, and to better measure the funds available for the provision of government services, the definition of general revenue would include intergovernmental transfers from States or local governments other than funds transferred pursuant to ARPA, CRF, or another Federal program. This formulation recognizes the importance of State transfers for local government revenue.120 Calculation of Loss. In general, recipients will compute the extent of the reduction in revenue by comparing actual revenue to a counterfactual trend representing what could have been expected to occur in the absence of the pandemic. This approach measures losses in revenue relative to the most recent fiscal year prior to the COVID-19 public health emergency by using the most recent pre -pandemic fiscal year as the starting point for estimates of revenue growth absent the pandemic. In other words, the counterfactual trend starts with the last full fiscal year prior to the COVID-19 public health emergency and then assumes growth at a constant rate in the subsequent years. Because recipients can estimate the revenue shortfall at multiple points in time throughout the covered period as revenue is collected, this approach accounts for variation across recipients in the timing of pandemic impacts.121 Although revenue may decline for 119 U.S. Census Bureau, Government Finance and Employment Classification Manual (Dec. 2000), li ttps://www2. census.gov/govs/class/classfull. pd f. 120 For example, in 2018, state transfers to localities accounted for approximately 27 percent of local revenues. U.S. Census Bureau, Annual Survey of State and Local Government Finances, Table 1 (201£3), littps://www.census.gov/data/datasets/2018/ econ/local/pu Me -u se -da tasets.h tin 1. 121 For example, following the 2007-09 recession, local government property tax collections did not begin to decline until 2011, suggesting that property tax collection declines can lag downturns. See U.S. Bureau of Economic Analysis, Personal current taxes: State and local: Property taxes [5210401A027NBEA], retrieved from Federal Reserve Economic Data, Federal Reserve Bank of St. Louis, littps://fred.stlouisfed.org/graph/?g=r3YI (last visited Apr. 22, 2021). Estimating the reduction in revenue at points throughout the covered period will allow for this type of lagged effect to be taken into account during the covered period. reasons unrelated to the COVID-19 public health emergency, to minimize the administrative burden on recipients and taking into consideration the devastating effects of the COVID-19 public health emergency, any diminution in actual revenues relative to the counterfactual pre -pandemic trend would be presumed to have been due to the COVID-19 public health emergency. For purposes of measuring revenue growth in the counterfactual trend, recipients may use a growth adjustment of either 4.1 percent per year or the recipient's average annual revenue growth over the three full fiscal years prior to the COVID-19 public health emergency, whichever is higher. The option of 4.1 percent represents the average annual growth across all State and local government "General Revenue from Own Sources" in the most recent three years of available data.122 This approach provides recipients with a standardized growth adjustment when calculating the counterfactual revenue trend and thus minimizes administrative burden, while not disadvantaging recipients with revenue growth that exceeded the national average prior to the COVID-19 public health emergency by permitting these recipients to use their own revenue growth rate over the preceding three years. Recipients should calculate the extent of the reduction in revenue as of four points in time: December 31, 2020; December 31, 2021; December 31, 2022; and December 31, 2023. To calculate the extent of the reduction in revenue at each of these dates, recipients should follow a four -step process: • Step 1: Identify revenues collected in the most recent full fiscal year prior to the public health emergency (i.e., last full fiscal year before January 27, 2020), called the base year revenue. • Step 2: Estimate counterfactual revenue, which is equal to base year revenue * [(1 + growth adjustment) ^ (nl 12)], where n is the number of months elapsed since the end of the base year to the calculation date, and growth adjustment is the greater of 4.1 percent and the recipient's average annual revenue growth in the three full fiscal 122 Together with revenue from liquor stores from 2015 to 2018. This estimate does not include any intergovernmental transfers. A recipient using the three-year average to calculate their growth adjustmmit must be based on the definition of general revenue, including treatment of intergovernmental transfers. 2015-201£3 represents the most recent available data. See U.S. Census Bureau, State & Local Government Finance Historical Datasets and Tables (201£3), https:// www. censu s.gov/programs-surveys/gov-finances/ data/datasets.html. Page 396 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26801 years prior to the COVID-19 public health emergency. • Step 3: Identify actual revenue, which equals revenues collected over the past twelve months as of the calculation date. • Step 4: The extent of the reduction in revenue is equal to counterfactual revenue less actual revenue. If actual revenue exceeds counterfactual revenue, the extent of the reduction in revenue is set to zero for that calculation date. For illustration, consider a hypothetical recipient with base year revenue equal to 100. In Step 2, the hypothetical recipient finds that 4.1 percent is greater than the recipient's average annual revenue growth in the three full fiscal years prior to the public health emergency. Furthermore, this recipient's base year ends June 30. In this illustration, n (months elapsed) and counterfactual revenue would be equal to: As of: 12/31/2020 12/31/2021 12/31/2022 12/31/2023 n (months elapsed).......................................................................................... Counterfactual revenue: .................................................................................. 18 106.2 30 110.6 42 115.1 54 119.8 The overall methodology for calculating the reduction in revenue is illustrated in the figure below: 140 o Base year revenue movana Extent of reduction in revenue 130 Actual revenue (last twelve months) 120 110 100 90 80 N11b SO - Counterfactual revenue Upon receiving Fiscal Recovery Fund payments, recipients may immediately calculate revenue loss for the period ending December 31, 2020. Sections 602(c)(1)(C) and 603(c)(1)(C) of the Act provide recipients with broad latitude to use the Fiscal Recovery Funds for the provision of government services. Government services can include, but are not limited to, maintenance or pay -go funded building 123 of infrastructure, including roads; modernization of cybersecurity, including hardware, software, and protection of critical infrastructure; health services; environmental remediation; school or educational services; and the provision of police, fire, and other public safety services. However, expenses associated with obligations under instruments evidencing financial indebtedness for 123 Pay -go infrastructure funding refers to the practice of funding capital projects with cash -on - hand from taxes, fees, grants, and other sources, rather than with borrowed sums. OCG OCG OCG OCG borrowed money would not be considered the provision of government services, as these financing expenses do not directly provide services or aid to citizens. Specifically, government services would not include interest or principal on any outstanding debt instrument, including, for example, short-term revenue or tax anticipation notes, or fees or issuance costs associated with the issuance of new debt. For the same reasons, government services would not include satisfaction of any obligation arising under or pursuant to a settlement agreement, judgment, consent decree, or judicially confirmed debt restructuring in a judicial, administrative, or regulatory proceeding, except if the judgment or settlement required the provision of government services. That is, satisfaction of a settlement or judgment itself is not a government service, unless the settlement required the provision of government services. In addition, replenishing financial reserves (e.g., rainy day or other reserve funds) would not be considered provision of a government service, since such expenses do not directly relate to the provision of government services. Question 13: Are there sources of revenue that either should or should not be included in the interim final rule's measure of "general revenue" for recipients? If so, discuss why these sources either should or should not be included. Question 14: In the interim final rule, recipients are expected to calculate the reduction in revenue on an aggregate basis. Discuss the advantages and disadvantages of and any potential concerns with, this approach, including circumstances in which it could be necessary or appropriate to calculate the reduction in revenue by source. Question 15: Treasury is considering whether to take into account other factors, including actions taken by the recipient as well as the expiration of the COVID-19 public health emergency, in determining whether to presume that revenue losses are "due to" the COVID- Page 397 of 510 26802 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 19 public health emergency. Discuss the advantages and disadvantages of this presumption, including when, if ever, during the covered period it would be appropriate to reevaluate the presumption that all losses are attributable to the COVID-19 public health emergency. Question 16: Do recipients anticipate lagged revenue effects of the public health emergency? If so, when would these lagged effects be expected to occur, and what can Treasury to do support these recipients through its implementation of the program? Question 17: In the interim final rule, paying interest or principal on government debt is not considered provision of a government service. Discuss the advantages and disadvantages of this approach, including circumstances in which paying interest or principal on government debt could be considered provision of a government service. D. Investments in Infrastructure To assist in meeting the critical need for investments and improvements to existing infrastructure in water, sewer, and broadband, the Fiscal Recovery Funds provide funds to State, local, and Tribal governments to make necessary investments in these sectors. The interim final rule outlines eligible uses within each category, allowing for a broad range of necessary investments in projects that improve access to clean drinking water, improve wastewater and stormwater infrastructure systems, and provide access to high-quality broadband service. Necessary investments are designed to provide an adequate minimum level of service and are unlikely to be made using private sources of funds. Necessary investments include projects that are required to maintain a level of service that, at least, meets applicable health -based standards, taking into account resilience to climate change, or establishes or improves broadband service to unserved or underserved populations to reach an adequate level to permit a household to work or attend school, and that are unlikely to be met with private sources of funds.124 It is important that necessary investments in water, sewer, or broadband infrastructure be carried out in ways that produce high-quality infrastructure, avert disruptive and costly delays, and promote efficiency. Treasury encourages recipients to 124 Treasury notes that using funds to support or oppose collective bargaining would not be included as part of "necessary investments in water, sewer, or broadband infrastructure." ensure that water, sewer, and broadband projects use strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions, not only to promote effective and efficient delivery of high-quality infrastructure projects but also to support the economic recovery through strong employment opportunities for workers. Using these practices in construction projects may help to ensure a reliable supply of skilled labor that would minimize disruptions, such as those associated with labor disputes or workplace injuries. To provide public transparency on whether projects are using practices that promote on-time and on -budget delivery, Treasury will seek information from recipients on their workforce plans and practices related to water, sewer, and broadband projects undertaken with Fiscal Recovery Funds. Treasury will provide additional guidance and instructions on the reporting requirements at a later date. 1. Water and Sewer Infrastructure The ARPA provides funds to State, local, and Tribal governments to make necessary investments in water and sewer infrastructure. 12 5 By permitting funds to be used for water and sewer infrastructure needs, Congress recognized the critical role that clean drinking water and services for the collection and treatment of wastewater and stormwater play in protecting public health. Understanding that State, local, and Tribal governments have a broad range of water and sewer infrastructure needs, the interim final rule provides these governments with wide latitude to identify investments in water and sewer infrastructure that are of the highest priority for their own communities, which may include projects on privately -owned infrastructure. The interim final rule does this by aligning eligible uses of the Fiscal Recovery Funds with the wide range of types or categories of projects that would be eligible to receive financial assistance through the Environmental Protection Agency's (EPA) Clean Water State Revolving Fund (CWSRF) or Drinking Water State Revolving Fund (DWSRF).126 125 Sections 602(c)(1)(D), 603(c)(1)(D) of the Act. 126 Environmental Protection Agency, Drinking Water State Revolving fund, littps://www.epa.govl dwsrf (last visited Apr. 30, 2021); Environmental Protection Agency, Clean Water State Revolving Fund, littps://www.epa.gov/ewsrf (last visited Apr. 30, 2021). Established by the 1987 amendments 127 to the Clean Water Act (CWA),128 the CWSRF provides financial assistance for a wide range of water infrastructure projects to improve water quality and address water pollution in a way that enables each State to address and prioritize the needs of their populations. The types of projects eligible for CWSRF assistance include projects to construct, improve, and repair wastewater treatment plants, control non -point sources of pollution, improve resilience of infrastructure to severe weather events, create green infrastructure, and protect waterbodies from pollution.12`' Each of the 51 State programs established under the CWSRF have the flexibility to direct funding to their particular environmental needs, and each State may also have its own statutes, rules, and regulations that guide project eligibility.'" The DWSRF was modeled on the CWSRF and created as part of the 1996 amendments to the Safe Drinking Water Act (SDWA),131 with the principal objective of helping public water systems obtain financing for improvements necessary to protect public health and comply with drinking water regulations.132 Like the CWSRF, 127 Water Quality Act of 1987, Public Law 100- 128 Federal Water Pollution Control Act as amended, codified at 33 U.S.C. 1251 et seq., common name (Clean Water Act). In 2009, the American Recovery and Reinvestment Act created the Green Project Reserve, which increased the focus on green infrastructure, water and energy efficient, and environmentally innovative projects. Public Law 111-5. The CWA was amended by the Water Resources Reform and Development Act of 2014 to further expand the CWSRF's eligibilities. Public Law 113-121. The CWSRF's eligibilities were further expanded in 2015 by the America's Water Infrastructure Act cf 2015, Public Law 115-270. 12" See Environmental Protection Agency, The Drinking Water State Revolving Funds: Financing America's Drinking Water, EPA -£316-R-00-023 (Nov. 2000), littps://nepis.epa.gov/Exe/ZyPDF.egi/ 200024WB.PDF1Dockey--200024WB.PDF; See also Environmental Protection Agency, Learn About the Clean Water State Revolving Fund, https:// www. epa.gov/ewsrf/learn-a bou t-clean-wa ter-sta te- revolving-fund-ewsrf (last visited Apr. 30, 2021). 13033 U.S.C. 13£33(c). See also Environmental Protection Agency, Overview of Clean Water State Revolving Fund Eligibilities (May 2016), https:// www. epa.gov/si tes/produ etion/files/2016-07/ documents/overview-of ewsrf eligibilities-may_ 2016.pdf; Claudia Copeland, Clean Water Act: A Summary of the Law, Congressional Research Service (Oct. 18, 2016), littps://fas.org/sgp/crs/mise/ RL30030.pdf; Jonathan L Ramseur, Wastewater Infrastructure: Overview, Funding, and Legislative Developments, Congressional Research Service (May 22, 2015), littps://fas.org/sgp/crs/mise/ R44963. pd f. 13142 U.S.C. 300j-12. 132 Environmental Protection Agency, Drinking Water State Revolving Fund Eligibility Handbook, (June 2017), littps://www.epa.gov/sites/production/ files/2017-06/documents/dwsrf eligibility_ h an d book_jun e -13-2017-u pda ted_50S_version. pd f, Environmental Protection Agency, Drinking Water Page 398 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26803 the DWSRF provides States with the flexibility to meet the needs of their populations.133 The primary use of DWSRF funds is to assist communities in making water infrastructure capital improvements, including the installation and replacement of failing treatment and distribution systems.134 In administering these programs, States must give priority to projects that ensure compliance with applicable health and environmental safety requirements; address the most serious risks to human health; and assist systems most in need on a per household basis according to State affordability criteria.135 By aligning use of Fiscal Recovery Funds with the categories or types of eligible projects under the existing EPA state revolving fund programs, the interim final rule provides recipients with the flexibility to respond to the needs of their communities while ensuring that investments in water and sewer infrastructure made using Fiscal Recovery Funds are necessary. As discussed above, the CWSRF and DWSRF were designed to provide funding for projects that protect public health and safety by ensuring compliance with wastewater and drinking water health standards.1313 The need to provide funding through the state revolving funds suggests that these projects are less likely to be addressed with private sources of funding; for example, by remediating failing or inadequate infrastructure, much of which is publicly owned, and by addressing non -point sources of pollution. This approach of aligning with the EPA state revolving fund programs also supports expedited project identification and investment so that needed relief for the people and communities most affected by the pandemic can deployed expeditiously and have a positive impact on their health and wellbeing as soon as possible. Further, the interim final rule is intended to preserve flexibility for award recipients to direct funding to their own particular needs and priorities and would not preclude recipients from applying their own additional project eligibility criteria. InfrastruCture Needs Survey and Assessment: Sixth Report to Congress (March 201£3), littps:// www. epa.gov/si tes/produ etion/files/2018-10/ docuinents/corrected- sixth -drink ng_woter infrastructure needs_ survey_and-assessinen t. pd f. 133 Id. 134 Id. 13542 U.S.C. 300j-12(b)(3)(A). 136 Environmental Protection Agency, Learn About the Clean Water State Revolving Fund, li ttps://www. e pa.govlcwsrf/learn-a bou t-clean-wo ter- state-revolving-fund-ewsrf (last visited Apr. 30, 2021); 42 U.S.C. 300j-12. In addition, responding to the immediate needs of the COVID-19 public health emergency may have diverted both personnel and financial resources from other State, local, and Tribal priorities, including projects to ensure compliance with applicable water health and quality standards and provide safe drinking and usable water.137 Through sections 602(c)(1)(1)) and 603(c)(1)(1)), the ARPA provides resources to address these needs. Moreover, using Fiscal Recovery Funds in accordance with the priorities of the CWA and SWDA to "assist systems most in need on a per household basis according to state affordability criteria" would also have the benefit of providing vulnerable populations with safe drinking water that is critical to their health and, thus, their ability to work and learn.138 Recipients may use Fiscal Recovery Funds to invest in a broad range of projects that improve drinking water infrastructure, such as building or upgrading facilities and transmission, distribution, and storage systems, including replacement of lead service lines. Given the lifelong impacts of lead exposure for children, and the widespread nature of lead service lines, Treasury encourages recipients to consider projects to replace lead service lines. Fiscal Recovery Funds may also be used to support the consolidation or establishment of drinking water systems. With respect to wastewater infrastructure, recipients may use Fiscal Recovery Funds to construct publicly owned treatment infrastructure, manage and treat stormwater or subsurface drainage water, facilitate water reuse, and secure publicly owned treatment works, among other uses. Finally, consistent with the CWSRF and DWSRF, Fiscal Recovery Funds may be used for cybersecurity needs to protect water or sewer infrastructure, such as developing effective cybersecurity practices and measures at drinking water systems and publicly owned treatment works. Many of the types of projects eligible under either the CWSRF or DWSRF also 139 House Committee on the Budget, State and Local Governments are in Dire Need of Federal Relief (Aug. 19, 2020), littps://budget.house.gov/ p blica tions/report/sto te-and-local-governinell ts- are-dire-need-fed eral-relief. 138 Environmental Protection Agency, Drinking Water State Revolving Fund (Nov. 2019), https:// www.epa.govlsiteslproductioiilfilesl2Ol9-1 1 / documents/fact-sheet---dwsrf Overview -final O.pdf, Environmental Protection Agency, National Benefits Analysis for Drinking Water Regulations, li ttps://www. e pa.gov/sd wa/national-benefi ts- analysis-drinking-water-regulations (last visited Apr. 30, 2020). support efforts to address climate change. For example, by taking steps to manage potential sources of pollution and preventing these sources from reaching sources of drinking water, projects eligible under the DWSRF and the ARPA may reduce energy required to treat drinking water. Similarly, projects eligible under the CWSRF include measures to conserve and reuse water or reduce the energy consumption of public water treatment facilities. Treasury encourages recipients to consider green infrastructure investments and projects to improve resilience to the effects of climate change. For example, more frequent and extreme precipitation events combined with construction and development trends have led to increased instances of stormwater runoff, water pollution, and flooding. Green infrastructure projects that support stormwater system resiliency could include rain gardens that provide water storage and filtration benefits, and green streets, where vegetation, soil, and engineered systems are combined to direct and filter rainwater from impervious surfaces. In cases of a natural disaster, recipients may also use Fiscal Recovery Funds to provide relief, such as interconnecting water systems or rehabilitating existing wells during an extended drought. Question 18: What are the advantages and disadvantages of aligning eligible uses with the eligible project type requirements of the DWSRF and CWSRF? What other water or sewer project categories, if any, should Treasury consider in addition to DWSRF and CWSRF eligible projects? Should Treasury consider a broader general category of water and sewer protects? Question 19: What additional water and sewer infrastructure categories, if any, should Treasury consider to address and respond to the needs of unserved, undeserved, or rural communities? How do these projects differ from DWSFR and CWSRF eligible projects? Question 20: What new categories of water and sewer infrastructure, if any, should Treasury consider to support State, local, and Tribal governments in mitigating the negative impacts of climate change? Discuss emerging technologies and processes that support resiliency of water and sewer infrastructure. Discuss any challenges faced by States and local governments when pursuing or implementing climate resilient infrastructure projects. Question 21: Infrastructure projects related to dams and reservoirs are generally not eligible under the CWSRF and DWSRF categories. Should Treasury consider expanding eligible Page 399 of 510 26804 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations infrastructure under the interim final rule to include dam and reservoir projects? Discuss public health, environmental, climate, or equity benefits and costs in expanding the eligibility to include these types of projects. 2. Broadband Infrastructure The COVID-19 public health emergency has underscored the importance of universally available, high-speed, reliable, and affordable broadband coverage as millions of Americans rely on the internet to participate in, among critical activities, remote school, healthcare, and work. Recognizing the need for such connectivity, the ARPA provides funds to State, territorial, local, and Tribal governments to make necessary investments in broadband infrastructure. The National Telecommunications and Information Administration (NTIA) highlighted the growing necessity of broadband in daily lives through its analysis of NTIA Internet Use Survey data, noting that Americans turn to broadband internet access service for every facet of daily life including work, study, and healthcare.139 With increased use of technology for daily activities and the movement by many businesses and schools to operating remotely during the pandemic, broadband has become even more critical for people across the country to carry out their daily lives. By at least one measure, however, tens of millions of Americans live in areas where there is no broadband infrastructure that provides download speeds greater than 25 Mbps andupload speeds of 3 Mbps.140 By contrast, as noted below, many households use upload and download speeds of 100 Mbps to meet their daily needs. Even in areas where broadband infrastructure 139 See, e.g., litips://www.ntio.govlblog/2020/ inore-h al f -a inerica n -h ou sell olds -u sed -in terve t- 1'1 eal th-rela ted -activities -2019-n ti o -da to -show; ]ittps://www.ntio.govlblog/2020/nearly-tliird- american-em ployees-worked-remotely-2019-n tio- data-show; and generally, littps://www.ntio.govl do to/digital-na tion -do to -explorer. 149 As an example, data from the Federal Commrmications Commission shows that as of June 2020, 9.07 percent of the U.S. population had no available cable or fiber broadband providers providing greater than 25 Mbps download speeds and 3 Mbps upload speeds. Availability was significantly less for rural versus urban populations, with 35.57 percent of the rural population lacking such access, compared with 2.57 percent of the urban population. Availability was also significantly less for tribal versus non -tribal populations, with 35.93 percent of the tribal population lacking such access, compared with £3.74 of the non -tribal population. Federal Commrmications Commission, Fixed Broadband Deployment, https://broodbandin op.feagov/#/ (last visited May 9, 2021). exists, broadband access may be out of reach for millions of Americans because it is unaffordable, as the United States has some of the highest broadband prices in the Organisation for Economic Co-operation and Development (OECD).141 There are disparities in availability as well; historically, Americans living in territories and Tribal lands as well as rural areas have disproportionately lacked sufficient broadband infrastructure. 142 Moreover, rapidly growing demand has, and will likely continue to, quickly outpace infrastructure capacity, a phenomenon acknowledged by various states around the country that have set scalability requirements to account for this anticipated growth in demand.143 The interim final rule provides that eligible investments in broadband are those that are designed to provide services meeting adequate speeds and are provided to unserved and underserved households and businesses. Understanding that States, territories, localities, and Tribal governments have a wide range of varied broadband infrastructure needs, the interim final rule provides award recipients with flexibility to identify the specific locations within their communities to be served and to otherwise design the project. Under the interim final rule, eligible projects are expected to be designed to deliver, upon project completion, service that reliably meets or exceeds symmetrical upload and download speeds of 100 Mbps. There may be instances in which it would not be practicable for a project to deliver such service speeds because of the geography, topography, or excessive costs associated with such a project. In these instances, the affected project would be expected to be designed to deliver, upon project completion, service that reliably meets or exceeds 100 Mbps download and between at least 20 Mbps and 100 Mbps upload speeds and be scalable to 141 How Do U.S. Internet Costs Compare To The Rest Of The World?, BroadbandSearch Blog Post, available at littps://www.broodbandsearcli.netlblogl in terve t-costs-coinpared-worldwide. 142 See, e.g., Federal Commrmications Commission, Fourteenth Broadband Deployment Report, available at littps://docs.fcc.gov/public/ o ttoch m en is/FCC-21-1 SA1. pd f. 143 See, e.g., Illinois Department of Commerce & Economic Opportunity, Broadband Grants, h (last visited May 9, 2021), littps://www2.illinois.gov/ d ceo/Conn ectlllin ois/Pages/Broad band Gran ts. aspx; Kansas Office of Broadband Development, Broadband Acceleration Grant, https:// www.kansascommerce.gov/wp-content/uploads/ 2020/11/Broadband-Acceleration-Grant.pdf (last visited May 9, 2021); New York State Association Of COu11tieS, Universal Broadband: Deploying High Speed Internet Access in NYS (Jul. 2017), littps:// www.iiy,5ac.org/f`ile,5/BroodbaiidUpdate Re port2017(1). pd f. a minimum of 100 Mbps symmetrical for download and upload speeds.144 In setting these standards, Treasury identified speeds necessary to ensure that broadband infrastructure is sufficient to enable users to generally meet household needs, including the ability to support the simultaneous use of work, education, and health applications, and also sufficiently robust to meet increasing household demands for bandwidth. Treasury also recognizes that different communities and their members may have a broad range of internet needs and that those needs may change over time. In considering the appropriate speed requirements for eligible projects, Treasury considered estimates of typical households demands during the pandemic. Using the Federal Communication Commission's (FCC) Broadband Speed Guide, for example, a household with two telecommuters and two to three remote learners today are estimated to need 100 Mbps download to work simultaneously. 145 In households with more members, the demands may be greater, and in households with fewer members, the demands may be less. In considering the appropriate speed requirements for eligible projects, Treasury also considered data usage patterns and how bandwidth needs have changed over time for U.S. households and businesses as people's use of technology in their daily lives has evolved. In the few years preceding the pandemic, market research data showed that average upload speeds in the United States surpassed over 10 Mbps in 2017146 and continued to increase significantly, with the average upload speed as of November, 2019 increasing to 48.41 Mbps,147 attributable, in part to a shift to using broadband and the internet by individuals and businesses 144 This scalability threshold is consistent with scalability requirements used in other jurisdictions. Id. 145 Federal Commrmications Commission, Broadband Speed Guide, littps://www.fcc.govl consuiners/guides/broadband-speed-guide (last visited Apr. 30, 2021). 149 Letter from Lisa R. Youngers, President and CEO of Fiber Broadband Association to FCC, WC Docket No. 19-126 (filed Jan. 3, 2020), including an Appendix with research from RVA LLC, Data Review Of The Importance of Upload Speeds (Jan. 2020), and Ookla speed test data, available at h t t p s://ecfsa pi. fcc.gov/file/10103005511 551 7/ FCC%20RD0F%20Jon %203 %20 Ex % 20Porte.pdf.Additional information on historic growth in data usage is provided in Schools, Health & Libraries Broadband Coalition, Common Sense Solutions for Closing the Digital Divide, Apr. 29, 2021. 147 Id. See also United States's Mobile and Broadband internet Speeds—Speedtest Global Index, available at littps://www.,5peedtest.netl global-index/uni ted -states# fixed. Page 400 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26805 to create and share content using video sharing, video conferencing, and other applications. 148 The increasing use of data accelerated markedly during the pandemic as households across the country became increasingly reliant on tools and applications that require greater internet capacity, both to download data but also to upload data. Sending information became as important as receiving it. A video consultation with a healthcare provider or participation by a child in a live classroom with a teacher and fellow students requires video to be sent and received simultaneously. 149 As an example, some video conferencing technology platforms indicate that download and upload speeds should be roughly equal to support two-way, interactive video meetings.150 For both work and school, client materials or completed school assignments, which may be in the form of PDF files, videos, or graphic files, also need to be shared with others. This is often done by uploading materials to a collaboration site, and the upload speed available to a user can have a significant impact on the time it takes for the content to be shared with others. 151 These activities require significant capacity from home internet connections to both download and upload data, especially when there are multiple individuals in one household engaging in these activities simultaneously. This need for increased broadband capacity during the pandemic was reflected in increased usage patterns seen over the last year. As OpenVault noted in recent advisories, the pandemic significantly increased the amount of data users consume. Among data users observed by OpenVault, per - subscriber average data usage for the fourth quarter of 2020 was 482.6 gigabytes per month, representing a 40 percent increase over the 344 gigabytes consumed in the fourth quarter of 2019 and a 26 percent increase over the third quarter 2020 average of 383.8 148 Id. 1490ne high definition Zoom meeting or class requires approximately 3.8 Mbps/3.0 Mbps (up/ down). 1511 See, e.g., Zoom, System Requirements for Windows, macOS, and Linux, httpS:// Su p port.zooin. a s/h c/en-u s/articles/201362023- Syst ein-requiremen t s -for -Win d ows-macOS-an d - Lin ux#1 t_d27Sc327-eO3d-4896-b19a-96a8f3cOc69c (last visited May 8, 2021). 151 By one estimate, to upload a one gigabit video file to YOUTube would take 15 minutes at an upload speed of 10 Mbps compared with 1 minute, 30 seconds at an upload speed of too Mbps, and 30 seconds at an upload speed of 300 Mbps. Reviews.org: What is Symmetrical internet? (March 2020). gigabytes.152 OpenVault also noted significant increases in upstream usage among the data users it observed, with upstream data usage growing 63 percent—from 19 gigabytes to 31 gigabytes—between December, 2019 and December, 2020.153 According to an OECD Broadband statistic from June 2020, the largest percentage of U.S. broadband subscribers have services providing speeds between 100 Mbps and 1 Gbps.154 Jurisdictions and Federal programs are increasingly responding to the growing demands of their communities for both heightened download and upload speeds. For example, Illinois now requires 100 Mbps symmetrical service as the construction standard for its state broadband grant programs. This standard is also consistent with speed levels, particularly download speed levels, prioritized by other Federal programs supporting broadband projects. Bids submitted as part of the FCC in its Rural Digital Opportunity Fund (RDOF), established to support the construction of broadband networks in rural communities across the country, are given priority if they offer faster service, with the service offerings of 100 Mbps download and 20 Mbps upload being included in the "above baseline" performance tier set by the FCC.155 The Broadband Infrastructure Program (BBIP) 156 of the Department of Commerce, which provides Federal funding to deploy broadband 152 OVBI: Covid-19 Drove 15 percent Increase in Broadband Traffic in 2020, OpenVault, Quarterly Advisory, (Feb. 10, 2021), available at https:// openvoul t. com/ovbi-covid-19-drove-5l -increase-in- broadband-traffic-in-2020; See OpenVault's data set incorporates information on usage by subscribers across multiple continents, including North America and Europe. Additional data and detail on increases in the amount of data users consume and the broadband speeds they are using is provided in OpenVault Broadband Insights Report Q4, Quarterly Advisory (Feb. 10, 2021), available at h ttps://open vo ul t. coin/coin pliinen tart' -re port -4820/. 153OVBI Special Report: 202 Upstream Growth Nearly 4X of Pre -Pandemic Years, OpenVault, Quarterly Advisory, (April 1, 20201), available at h ttps://open vo ul t. com/ovbi-special-report-2020- u pstream-growth-rate-n early -4x -o f -pre -pan d emic- years/; Additional data is provided in Open Vault Broadband Insights Pandemic Impact on Upstream Broadband Usage and Network Capacity, available at littps://openvoult.com/upstream-whitepoper/. 154 Organisation for Economic Co-operation and Development, Fixed broadband subscriptions per too inhabitants, per speed tiers (June 2020), https:// www.oecd.org/,5ti/broodbaiid/5.1-FixedBB- SpeedTiers-2020-06.xls www.oecd.org/sti/ broad ban d/broad ban d -statistics. 155 Rural Digital Opportunity Fund, Report and Order, 35 FCC Red 686, 690, para. 9 (2020), available at littps://www.fec.gov/doculnent/fec- lounches-20-billion-rural-digital-opportunity fund - 0. 1511 The BIPP was authorized by the Consolidated Appropriations Act, 2021, Section 905, Public Law 116-260, 134 Stat. 1182 (Dec. 27, 2020). infrastructure to eligible service areas of the country also prioritizes projects designed to provide broadband service with a download speed of not less than 100 Mbps and an upload speed of not less than 20 Mbps.157 The 100 Mbps upload and download speeds will support the increased and growing needs of households and businesses. Recognizing that, in some instances, 100 Mbps upload speed may be impracticable due to geographical, topographical, or financial constraints, the interim final rule permits upload speeds of between at least 20 Mbps and 100 Mbps in such instances. To provide for investments that will accommodate technologies requiring symmetry in download and upload speeds, as noted above, eligible projects that are not designed to deliver, upon project completion, service that reliably meets or exceeds symmetrical speeds of 100 Mbps because it would be impracticable to do so should be designed so that they can be scalable to such speeds. Recipients are also encouraged to prioritize investments in fiber optic infrastructure where feasible, as such advanced technology enables the next generation of application solutions for all communities. Under the interim final rule, eligible projects are expected to focus on locations that are unserved or underserved. The interim final rule treats users as being unserved or underserved if they lack access to a wireline connection capable of reliably delivering at least minimum speeds of 25 Mbps download and 3 Mbps upload as households and businesses lacking this level of access are generally not viewed as being able to originate and receive high-quality voice, data, graphics, and video telecommunications. This threshold is consistent with the FCC's benchmark for an "advanced telecommunications capability." 158 This threshold is also consistent with thresholds used in other Federal programs to identify eligible areas to be served by programs to improve broadband services. For example, in the FCC's RDOF program, eligible areas include those without current (or already funded) access to terrestrial broadband service providing 25 Mbps download and 3 Mbps upload speeds.153 The Department of Commerce's BBIP also considers households to be "unserved" generally if they lack access to broadband service 157 Section 905(d)(4) of the Consolidated Appropriations Act, 2021. 158Deployrnent Report, supra note 142. 15917ural Digital Opportunity Fund, supra note 156. Page 401 of 510 26806 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations with a download speed of not less than 25 Mbps download and 3 Mbps upload, among other conditions. In selecting an area to be served by a project, recipients are encouraged to avoid investing in locations that have existing agreements to build reliable wireline service with minimum speeds of 100 Mbps download and 20 Mbps upload by December 31, 2024, in order to avoid duplication of efforts and resources. Recipients are also encouraged to consider ways to integrate affordability options into their program design. To meet the immediate needs of unserved and underserved households and businesses, recipients are encouraged to focus on projects that deliver a physical broadband connection by prioritizing projects that achieve last mile - connections. Treasury also encourages recipients to prioritize support for broadband networks owned, operated by, or affiliated with local governments, non -profits, and co-operatives— providers with less pressure to turn profits and with a commitment to serving entire communities. Under sections 602(c)(1)(A) and 603(c)(1)(A), assistance to households facing negative economic impacts due to COVID-19 is also an eligible use, including internet access or digital literacy assistance. As discussed above, in considering whether a potential use is eligible under this category, a recipient must consider whether, and the extent to which, the household has experienced a negative economic impact from the pandemic. Question 22: What are the advantages and disadvantages of setting minimum symmetrical download and upload speeds of 100 Mbps? What other minimum standards would be appropriate and why? Question 23: Would setting such a minimum be impractical for particular types of projects? If so, where and on what basis should those projects be identified? How could such a standard be set while also taking into account the practicality of using this standard in particular types of projects? In addition to topography, geography, and financial factors, what other constraints, if any, are relevant to considering whether an investment is impracticable? Question 24: What are the advantages and disadvantages of setting a minimum level of service at 100 Mbps download and 20 Mbps upload in projects where it is impracticable to set minimum symmetrical download and upload speeds of 100 Mbps? What are the advantages and disadvantages of setting a scalability requirement in these cases? What other minimum standards would be appropriate and why? Question 25: What are the advantages and disadvantages of focusing these investments on those without access to a wireline connection that reliably delivers 25 Mbps download by 3 Mbps upload? Would another threshold be appropriate and why? Question 26: What are the advantages and disadvantages of setting any particular threshold for identifying unserved or underserved areas, minimum speed standards or scalability minimum? Are there other standards that should be set (e.g., latency)? If so, why and how? How can such threshold, standards, or minimum be set in a way that balances the public's interest in making sure that reliable broadband services meeting the daily needs of all Americans are available throughout the country with the providing recipients flexibility to meet the varied needs of their communities? III. Restrictions on Use As discussed above, recipients have considerable flexibility to use Fiscal Recovery Funds to address the diverse needs of their communities. To ensure that payments from the Fiscal Recovery Funds are used for these congressionally permitted purposes, the ARPA includes two provisions that further define the boundaries of the statute's eligible uses. Section 602(c)(2)(A) of the Act provides that States and territories may not "use the funds . . . to either directly or indirectly offset a reduction in . . . net tax revenue . . . resulting from a change in law, regulation, or administrative interpretation during the covered period that reduces any tax . . . or delays the imposition of any tax or tax increase." In addition, sections 602(c)(2)(B) and 603(c)(2) prohibit any recipient, including cities, nonentitlement units of government, and counties, from using Fiscal Recovery Funds for deposit into any pension fund. These restrictions support the use of funds for the congressionally permitted purposes described in Section II of this Supplementary Information by providing a backstop against the use of funds for purposes outside of the eligible use categories. These provisions give force to Congress's clear intent that Fiscal Recovery Funds be spent within the four eligible uses identified in the statute—(1) to respond to the public health emergency and its negative economic impacts, (2) to provide premium pay to essential workers, (3) to provide government services to the extent of eligible governments' revenue losses, and (4) to make necessary water, sewer, and broadband infrastructure investments—and not otherwise. These four eligible uses reflect Congress's judgment that the Fiscal Recovery Funds should be expended in particular ways that support recovery from the COVID-19 public health emergency. The further restrictions reflect Congress's judgment that tax cuts and pension deposits do not fall within these eligible uses. The interim final rule describes how Treasury will identify when such uses have occurred and how it will recoup funds put toward these impermissible uses and, as discussed in Section VIII of this SUPPLEMENTARY INFORMATION, establishes a reporting framework for monitoring the use of Fiscal Recovery Funds for eligible uses. A. Deposit Into Pension Funds The statute provides that recipients may not use Fiscal Recovery Funds for "deposit into any pension fund." For the reasons discussed below, Treasury interprets "deposit" in this context to refer to an extraordinary payment into a pension fund for the purpose of reducing an accrued, unfunded liability. More specifically, the interim final rule does not permit this assistance to be used to make a payment into a pension fund if both: 1. The payment reduces a liability incurred prior to the start of the COVID- 19 public health emergency, and 2. the payment occurs outside the recipient's regular timing for making such payments. Under this interpretation, a "deposit" is distinct from a "payroll contribution," which occurs when employers make payments into pension funds on regular intervals, with contribution amounts based on a pre- determined percentage of employees' wages and salaries. As discussed above, eligible uses for premium pay and responding to the negative economic impacts of the COVID-19 public health emergency include hiring and compensating public sector employees. Interpreting the scope of "deposit" to exclude contributions that are part of payroll contributions is more consistent with these eligible uses and would reduce administrative burden for recipients. Accordingly, if an employee's wages and salaries are an eligible use of Fiscal Recovery Funds, recipients may treat the employee's covered benefits as an eligible use of Fiscal Recovery Funds. For purposes of the Fiscal Recovery Funds, covered benefits include costs of all types of leave (vacation, family -related, sick, military, bereavement, sabbatical, jury duty), employee insurance (health, life, dental, vision), retirement (pensions, 401(k)), unemployment benefit plans Page 402 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26807 (Federal and State), workers' compensation insurance, and Federal Insurance Contributions Act taxes (which includes Social Security and Medicare taxes). Treasury anticipates that this approach to employees' covered benefits will be comprehensive and, for employees whose wage and salary costs are eligible expenses, will allow all covered benefits listed in the previous paragraph to be eligible under the Fiscal Recovery Funds. Treasury expects that this will minimize the administrative burden on recipients by treating all the specified covered benefit types as eligible expenses, for employees whose wage and salary costs are eligible expenses. Question 27: Beyond a "deposit" and a "payroll contribution," are there other types of payments into a pension fund that Treasury should consider? B. Offset a Reduction in Net Tax Revenue For States and territories (recipient governments 1130), section 602(c)(2)(A)— the offset provision—prohibits the use of Fiscal Recovery Funds to directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation, or administrative interpretation' 131 during the covered period. If a State or territory uses Fiscal Recovery Funds to offset a reduction in net tax revenue, the ARPA provides that the State or territory must repay to the Treasury an amount equal to the lesser of (i) the amount of the applicable reduction attributable to the impermissible offset and (ii) the amount received by the State or territory under the ARPA. See Section IV of this SUPPLEMENTARY INFORMATION. As discussed below Section IV of this SUPPLEMENTARY INFORMATION, a State or territory that chooses to use Fiscal Recovery Funds to offset a reduction in net tax revenue does not forfeit its entire allocation of Fiscal Recovery Funds (unless it misused the full allocation to offset a reduction in net tax revenue) or any non-ARPA funding received. The interim final rule implements these conditions by establishing a framework for States and territories to determine the cost of changes in law, regulation, or interpretation that reduce tax revenue and to identify and value the sources of funds that will offset - 1611 In this sub -section, "recipient governments" refers only to States and territories. In other sections, "recipient governments" refers more broadly to eligible governmmits receiving funding from the Fiscal Recovery Funds. tai For brevity, referred to as "changes in law, regulation, or interpretation" for the remainder of this preamble. i.e., cover the cost of—any reduction in net tax revenue resulting from such changes. A recipient government would only be considered to have used Fiscal Recovery Funds to offset a reduction in net tax revenue resulting from changes in law, regulation, or interpretation if, and to the extent that, the recipient government could not identify sufficient funds from sources other than the Fiscal Recovery Funds to offset the reduction in net tax revenue. If sufficient funds from other sources cannot be identified to cover the full cost of the reduction in net tax revenue resulting from changes in law, regulation, or interpretation, the remaining amount not covered by these sources will be considered to have been offset by Fiscal Recovery Funds, in contravention of the offset provision. The interim final rule recognizes three sources of funds that may offset a reduction in net tax revenue other than Fiscal Recovery Funds—organic growth, increases in revenue (e.g., an increase in a tax rate), and certain cuts in spending. In order to reduce burden, the interim final rule's approach also incorporates the types of information and modeling already used by States and territories in their own fiscal and budgeting processes. By incorporating existing budgeting processes and capabilities, States and territories will be able to assess and evaluate the relationship of tax and budget decisions to uses of the Fiscal Recovery Funds based on information they likely have or can obtain. This approach ensures that recipient governments have the information they need to understand the implications of their decisions regarding the use of the Fiscal Recovery Funds— and, in particular, whether they are using the funds to directly or indirectly offset a reduction in net tax revenue, making them potentially subject to recoupment. Reporting on both the eligible uses and on a State's or territory's covered tax changes that would reduce tax revenue will enable identification of, and recoupment for, use of Fiscal Recovery Funds to directly offset reductions in tax revenue resulting from tax relief. Moreover, this approach recognizes that, because money is fungible, even if Fiscal Recovery Funds are not explicitly or directly used to cover the costs of changes that reduce net tax revenue, those funds may be used in a manner inconsistent with the statute by indirectly being used to substitute for the State's or territory's funds that would otherwise have been needed to cover the costs of the reduction. By focusing on the cost of changes that reduce net tax revenue— and how a recipient government is offsetting those reductions in constructing its budget over the covered period—the framework prevents efforts to use Fiscal Recovery Funds to indirectly offset reductions in net tax revenue for which the recipient government has not identified other offsetting sources of funding. As discussed in greater detail below in this preamble, the framework set forth in the interim final rule establishes a step-by-step process for determining whether, and the extent to which, Fiscal Recovery Funds have been used to offset a reduction in net tax revenue. Based on information reported annually by the recipient government: • First, each year, each recipient government will identify and value the changes in law, regulation, or interpretation that would result in a reduction in net tax revenue, as it would in the ordinary course of its budgeting process. The sum of these values in the year for which the government is reporting is the amount it needs to "pay for" with sources other than Fiscal Recovery Funds (total value of revenue reducing changes). • Second, the interim final rule recognizes that it may be difficult to predict how a change would affect net tax revenue in future years and, accordingly, provides that if the total value of the changes in the year for which the recipient government is reporting is below a de minimis level, as discussed below, the recipient government need not identify any sources of funding to pay for revenue reducing changes and will not be subject to recoupment. • Third, a recipient government will consider the amount of actual tax revenue recorded in the year for which they are reporting. If the recipient government's actual tax revenue is greater than the amount of tax revenue received by the recipient for the fiscal year ending 2019, adjusted annually for inflation, the recipient government will not be considered to have violated the offset provision because there will not have been a reduction in net tax revenue. • Fourth, if the recipient government's actual tax revenue is less than the amount of tax revenue received by the recipient government for the fiscal year ending 2019, adjusted annually for inflation, in the reporting year the recipient government will identify any sources of funds that have been used to permissibly offset the total value of covered tax changes other than Fiscal Recovery Funds. These are: ' State or territory tax changes that would increase any source of general Page 403 of 510 26808 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations fund revenue, such as a change that would increase a tax rate; and c Spending cuts in areas not being replaced by Fiscal Recovery Funds. The recipient government will calculate the value of revenue reduction remaining after applying these sources of offsetting funding to the total value of revenue reducing changes—that, is, how much of the tax change has not been paid for. The recipient government will then compare that value to the difference between the baseline and actual tax revenue. A recipient government will not be required to repay to the Treasury an amount that is greater than the recipient government's actual tax revenue shortfall relative to the baseline (i.e., fiscal year 2019 tax revenue adjusted for inflation). This "revenue reduction cap," together with Step 3, ensures that recipient governments can use organic revenue growth to offset the cost of revenue reductions. • Finally, if there are any amounts that could be subject to recoupment, Treasury will provide notice to the recipient government of such amounts. This process is discussed in greater detail in Section IV of this SUPPLEMENTARY INFORMATION. Together, these steps allow Treasury to identify the amount of reduction in net tax revenue that both is attributable to covered changes and has been directly or indirectly offset with Fiscal Recovery Funds. This process ensures Fiscal Recovery Funds are used in a manner consistent with the statute's defined eligible uses and the offset provision's limitation on these eligible uses, while avoiding undue interference with State and territory decisions regarding tax and spending policies. The interim final rule also implements a process for recouping Fiscal Recovery Funds that were used to offset reductions in net tax revenue, including the calculation of any amounts that may be subject to recoupment, a process for a recipient government to respond to a notice of recoupment, and clarification regarding amounts excluded from recoupment. See Section IV of this SUPPLEMENTARY INFORMATION. The interim final rule includes several definitions that are applicable to the implementation of the offset provision. Covered change. The offset provision is triggered by a reduction in net tax revenue resulting from "a change in law, regulation, or administrative interpretation." A covered change includes any final legislative or regulatory action, a new or changed administrative interpretation, and the phase-in or taking effect of any statute or rule where the phase-in or taking effect was not prescribed prior to the start of the covered period. Changed administrative interpretations would not include corrections to replace prior inaccurate interpretations; such corrections would instead be treated as changes implementing legislation enacted or regulations issued prior to the covered period; the operative change in those circumstances is the underlying legislation or regulation that occurred prior to the covered period. Moreover, only the changes within the control of the State or territory are considered covered changes. Covered changes do not include a change in rate that is triggered automatically and based on statutory or regulatory criteria in effect prior to the covered period. For example, a state law that sets its earned income tax credit (EITC) at a fixed percentage of the Federal EITC will see its EITC payments automatically increase—and thus its tax revenue reduced—because of the Federal Government's expansion of the EITC in the ARPA.162 This would not be considered a covered change. In addition, the offset provision applies only to actions for which the change in policy occurs during the covered period; it excludes regulations or other actions that implement a change or law substantively enacted prior to March 3, 2021. Finally, Treasury has determined and previously announced that income tax changes—even those made during the covered period—that simply conform with recent changes in Federal law (including those to conform to recent changes in Federal taxation of unemployment insurance benefits and taxation of loan forgiveness under the Paycheck Protection Program) are permissible under the offset provision. Baseline. For purposes of measuring a reduction in net tax revenue, the interim final rule measures actual changes in tax revenue relative to a revenue baseline (baseline). The baseline will be calculated as fiscal year 2019 (FY 2019) tax revenue indexed for inflation in each year of the covered period, with inflation calculated using the Bureau of Economic Analysis's Implicit Price Deflator.163 FY 2019 was chosen as the starting year for the baseline because it is the last full fiscal year prior to the COVID- 162 See, e.g., Tax Policy Center, How do state earned income tax credits work?, https:// www. taxpolicycen ter. org/briefing-book/lio w -d o- state-earned-incoine-tax-credits-work/ (last visited May 9, 2021). las U.S. Department of Commerce, Bureau of Economic Analysis, GDP Price Deflator, https:// www.bea.gov/data/Prices-iiiflatioii/gdp-price- deflator (last visited May 9, 2021). 19 public health emergency.164 This baseline year is consistent with the approach directed by the ARPA in sections 602(c)(1)(C) and 603(c)(1)(C), which identify the "most recent full fiscal year of the [State, territory, or Tribal government] prior to the emergency" as the comparator for measuring revenue loss. U.S. gross domestic product is projected to rebound to pre -pandemic levels in 2021,165 suggesting that an FY 2019 pre - pandemic baseline is a reasonable comparator for future revenue levels. The FY 2019 baseline revenue will be adjusted annually for inflation to allow for direct comparison of actual tax revenue in each year (reported in nominal terms) to baseline revenue in common units of measurement; without inflation adjustment, each dollar of reported actual tax revenue would be worth less than each dollar of baseline revenue expressed in 2019 terms. Reporting year. The interim final rule defines "reporting year" as a single year within the covered period, aligned to the current fiscal year of the recipient government during the covered period, for which a recipient government reports the value of covered changes and any sources of offsetting revenue increases ("in -year" value), regardless of when those changes were enacted. For the fiscal years ending in 2021 or 2025 (partial years), the term "reporting year" refers to the portion of the year falling within the covered period. For example, the reporting year for a fiscal year beginning July 2020 and ending June 2021 would be from March 3, 2021 to July 2021. Tax revenue. The interim final rule's definition of "tax revenue" is based on the Census Bureau's definition of taxes, used for its Annual Survey of State Government Finances.166 It provides a consistent, well-established definition with which States and territories will be familiar and is consistent with the approach taken in Section II.0 of this SUPPLEMENTARY INFORMATION describing the implementation of sections 602(c)(1)(C) and 603(c)(1)(C) of the Act, regarding revenue loss. Consistent with the approach described in Section II.0 of this SUPPLEMENTARY INFORMATION, tax 16" Using Fiscal Year 2019 is consistent with section 602 as Congress provided for using that baseline for determining the impact of revenue loss affecting the provision of government services. See section 602(c)(1)(C). 165 Congressional Budget Office, An Overview of the Economic Outlook: 2021 to 2031 (February 1, 2021), available at littps://www.cbo.gov/ publication/56965. 1aaU.S. Census Bureau, Annual Survey of State and Local Government Finances Glossary, https:// www.census.gov/prograins-surveys/state/about/ glossary.html (last visited Apr. 30, 2021). Page 404 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26809 revenue does not include revenue taxed and collected by a different unit of government (e.g., revenue from taxes levied by a local government and transferred to a recipient government). Framework. The interim final rule provides a step-by-step framework, to be used in each reporting year, to calculate whether the offset provision applies to a State's or territory's use of Fiscal Recovery Funds: (1) Covered changes that reduce tax revenue. For each reporting year, a recipient government will identify and value covered changes that the recipient government predicts will have the effect of reducing tax revenue in a given reporting year, similar to the way it would in the ordinary course of its budgeting process. The value of these covered changes may be reported based on estimated values produced by a budget model, incorporating reasonable assumptions, that aligns with the recipient government's existing approach for measuring the effects of fiscal policies, and that measures relative to a current law baseline. The covered changes may also be reported based on actual values using a statistical methodology to isolate the change in year -over -year revenue attributable to the covered change(s), relative to the current law baseline prior to the change(s). Further, estimation approaches should not use dynamic methodologies that incorporate the projected effects of macroeconomic growth because macroeconomic growth is accounted for separately in the framework. Relative to these dynamic scoring methodologies, scoring methodologies that do not incorporate projected effects of macroeconomic growth rely on fewer assumptions and thus provide greater consistency among States and territories. Dynamic scoring that incorporates macroeconomic growth may also increase the likelihood of underestimation of the cost of a reduction in tax revenue. In general and where possible, reporting should be produced by the agency of the recipient government responsible for estimating the costs and effects of fiscal policy changes. This approach offers recipient governments the flexibility to determine their reporting methodology based on their existing budget scoring practices and capabilities. In addition, the approach of using the projected value of changes in law that enact fiscal policies to estimate the net effect of such policies is consistent with the way many States and territories already consider tax changes.167 (2) In excess of the de minimis. The recipient government will next calculate the total value of all covered changes in the reporting year resulting in revenue reductions, identified in Step 1. If the total value of the revenue reductions resulting from these changes is below the de minimis level, the recipient government will be deemed not to have any revenue -reducing changes for the purpose of determining the recognized net reduction. If the total is above the de minimis level, the recipient government must identify sources of in -year revenue to cover the full costs of changes that reduce tax revenue. The de minimis level is calculated as 1 percent of the reporting year's baseline. Treasury recognizes that, pursuant to their taxing authority, States and territories may make many small changes to alter the composition of their tax revenues or implement other policies with marginal effects on tax revenues. They may also make changes based on projected revenue effects that turn out to differ from actual effects, unintentionally resulting in minor revenue changes that are not fairly described as "resulting from" tax law changes. The de minimis level recognizes the inherent challenges and uncertainties that recipient governments face, and thus allows relatively small reductions in tax revenue without consequence. Treasury determined the 1 percent level by assessing the historical effects of state -level tax policy changes in state EITCs implemented to effect policy goals other than reducing net tax revenues.1138 The 1 percent de minimis level reflects the historical reductions in revenue due to minor changes in state fiscal policies. (3) Safe harbor. The recipient government will then compare the reporting year's actual tax revenue to the baseline. If actual tax revenue is greater than the baseline, Treasury will deem the recipient government not to have any recognized net reduction for the reporting year, and therefore to be in a safe harbor and outside the ambit of the offset provision. This approach is consistent with the ARPA, which contemplates recoupment of Fiscal Recovery Funds only in the event that 'a' See, e.g., Megan Randall & Kim Rueben, Tax Policy Center, Sustainable Budgeting in the States: Evidence on State Budget Institutions and Practices (Nov. 2017), available at https:// www.taxpolicyceilter.org/sites/default/f`iles/ publication/149186/sustainable-budgeting-in-tlie- sta tes-1. pd f. isa Data provided by the Urban -Brookings Tax Policy Center for state -level EITC changes for 2004- 2017. such funds are used to offset a reduction in net tax revenue. If net tax revenue has not been reduced, this provision does not apply. In the event that actual tax revenue is above the baseline, the organic revenue growth that has occurred, plus any other revenue -raising changes, by definition must have been enough to offset the in -year costs of the covered changes. (4) Consideration of other sources of funding. Next, the recipient government will identify and calculate the total value of changes that could pay for revenue reduction due to covered changes and sum these items. This amount can be used to pay for up to the total value of revenue -reducing changes in the reporting year. These changes consist of two categories: (a) Tax and other increases in revenue. The recipient government must identify and consider covered changes in policy that the recipient government predicts will have the effect of increasing general revenue in a given reporting year. As when identifying and valuing covered changes that reduce tax revenue, the value of revenue -raising changes may be reported based on estimated values produced by a budget model, incorporating reasonable assumptions, aligned with the recipient government's existing approach for measuring the effects of fiscal policies, and measured relative to a current law baseline, or based on actual values using a statistical methodology to isolate the change in year -over -year revenue attributable to the covered change(s). Further, and as discussed above, estimation approaches should not use dynamic scoring methodologies that incorporate the effects of macroeconomic growth because growth is accounted for separately under the interim final rule. In general and where possible, reporting should be produced by the agency of the recipient government responsible for estimating the costs and effects of fiscal policy changes. This approach offers recipient governments the flexibility to determine their reporting methodology based on their existing budget scoring practices and capabilities. (b) Covered spending cuts. A recipient government also may cut spending in certain areas to pay for covered changes that reduce tax revenue, up to the amount of the recipient government's net reduction in total spending as described below. These changes must be reductions in government outlays not in an area where the recipient government has spent Fiscal Recovery Funds. To better align with existing reporting and accounting, the interim final rule considers the department, agency, or Page 405 of 510 26810 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations authority from which spending has been cut and whether the recipient government has spent Fiscal Recovery Funds on that same department, agency, or authority. This approach was selected to allow recipient governments to report how Fiscal Recovery Funds have been spent using reporting units already incorporated into their budgeting process. If they have not spent Fiscal Recovery Funds in a department, agency, or authority, the full amount of the reduction in spending counts as a covered spending cut, up to the recipient government's net reduction in total spending. If they have, the Fiscal Recovery Funds generally would be deemed to have replaced the amount of spending cut and only reductions in spending above the amount of Fiscal Recovery Funds spent on the department, agency, or authority would count. To calculate the amount of spending cuts that are available to offset a reduction in tax revenue, the recipient government must first consider whether there has been a reduction in total net spending, excluding Fiscal Recovery Funds (net reduction in total spending). This approach ensures that reported spending cuts actually create fiscal space, rather than simply offsetting other spending increases. A net reduction in total spending is measured as the difference between total spending in each reporting year, excluding Fiscal Recovery Funds spent, relative to total spending for the recipient's fiscal year ending in 2019, adjusted for inflation. Measuring reductions in spending relative to 2019 reflects the fact that the fiscal space created by a spending cut persists so long as spending remains below its original level, even if it does not decline further, relative to the same amount of revenue. Measuring spending cuts from year to year would, by contrast, not recognize any available funds to offset revenue reductions unless spending continued to decline, failing to reflect the actual availability of funds created by a persistent change and limiting the discretion of States and territories. In general and where possible, reporting should be produced by the agency of the recipient government responsible for estimating the costs and effects of fiscal policy changes. Treasury chose this approach because while many recipient governments may score budget legislation using projections, spending cuts are readily observable using actual values. This approach—allowing only spending reductions in areas where the recipient government has not spent Fiscal Recovery Funds to be used as an offset for a reduction in net tax revenue—aims to prevent recipient governments from using Fiscal Recovery Funds to supplant State or territory funding in the eligible use areas, and then use those State or territory funds to offset tax cuts. Such an approach helps ensure that Fiscal Recovery Funds are not used to "indirectly" offset revenue reductions due to covered changes. In order to help ensure recipient governments use Fiscal Recovery Funds in a manner consistent with the prescribed eligible uses and do not use Fiscal Recovery Funds to indirectly offset a reduction in net tax revenue resulting from a covered change, Treasury will monitor changes in spending throughout the covered period. If, over the course of the covered period, a spending cut is subsequently replaced with Fiscal Recovery Funds and used to indirectly offset a reduction in net tax revenue resulting from a covered change, Treasury may consider such change to be an evasion of the restrictions of the offset provision and seek recoupment of such amounts. (5) Identification of amounts subject to recoupment. If a recipient government (i) reports covered changes that reduce tax revenue (Step 1); (ii) to a degree greater than the de minimis (Step 2); (iii) has experienced a reduction in net tax revenue (Step 3); and (iv) lacks sufficient revenue from other, permissible sources to pay for the entirety of the reduction (Step 4), then the recipient government will be considered to have used Fiscal Recovery Funds to offset a reduction in net tax revenue, up to the amount that revenue has actually declined. That is, the maximum value of reduction in revenue due to covered changes which a recipient government must cover is capped at the difference between the baseline and actual tax revenue.169 In the event that the baseline is above actual tax revenue and the difference between them is less than the sum of revenue reducing changes that are not paid for with other, permissible sources, organic revenue growth has implicitly offset a portion of the reduction. For example, if a recipient government reduces tax revenue by $1 billion, makes no other changes, and experiences revenue growth driven by organic economic growth worth $500 million, it need only pay for the remaining $500 million with sources other than Fiscal Recovery Funds. The revenue reduction cap implements this ias This cap is applied in § 35.8(c) of the interim final rude, calculating the amount of funds used in violation of the tax offset provision. approach for permitting organic revenue growth to cover the cost of tax cuts. Finally, as discussed further in Section IV of this SUPPLEMENTARY INFORMATION, a recipient government may request reconsideration of any amounts identified as subject to recoupment under this framework. This process ensures that all relevant facts and circumstances, including information regarding planned spending cuts and budgeting assumptions, are considered prior to a determination that an amount must be repaid. Amounts subject to recoupment are calculated on an annual basis; amounts recouped in one year cannot be returned if the State or territory subsequently reports an increase in net tax revenue. To facilitate the implementation of the framework above, and in addition to reporting required on eligible uses, in each year of the reporting period, each State and territory will report to Treasury the following items: • Actual net tax revenue for the reporting year; • Each revenue -reducing change made to date during the covered period and the in -year value of each change; • Each revenue -raising change made to date during the covered period and the in -year value of each change; • Each covered spending cut made to date during the covered period, the in - year value of each cut, and documentation demonstrating that each spending cut is covered as prescribed under the interim final rule; Treasury will provide additional guidance and instructions the reporting requirements at a later date. Question 28: Does the interim final rule's definition of tax revenue accord with existing State and territorial practice and, if not, are there other definitions or elements Treasury should consider? Discuss why or whynot. Question 29: The interim fnal rule permits certain spending cuts to cover the costs of reductions in tax revenue, including cuts in a department, agency, or authority in which the recipient government is not using Fiscal Recovery Funds. How should Treasury and recipient governments consider the scope of a department, agency, or authority for the use of funds to ensure spending cuts are not being substituted with Fiscal Recovery Funds while also avoiding an overbroad definition of that captures spending that is, in fact, distinct? Question 30: Discuss the budget scoring methodologies currently used by States and territories. How should the interim final rule take into consideration differences in approaches? Please discuss the use of Page 406 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26811 practices including but not limited to macrodynamic scoring, microdynamic scoring, and length of budget windows. Question 31: If a recipient government has a balanced budget requirement, how will that requirement impact its use of Fiscal Recovery Funds and ability to implement this framework? Question 32: To implement the framework described above, the interim final rule establishes certain reporting requirements. To what extent do recipient governments already produce this information and on what timeline? Discuss ways that Treasury and recipient governments may better rely on information already produced, while ensuring a consistent application of the framework. Question 33: Discuss States' and territories' ability to produce the figures and numbers required for reporting under the interim final rule. What additional reporting tools, such as a standardized template, would facilitate States' and territories' ability to complete the reporting required under the interim final rule? C. Other Restrictions on Use Payments from the Fiscal Recovery Funds are also subject to pre-existing limitations provided in other Federal statutes and regulations and may not be used as non -Federal match for other Federal programs whose statute or regulations bar the use of Federal funds to meet matching requirements. For example, payments from the Fiscal Recovery Funds may not be used to satisfy the State share of Medicaid.170 As provided for in the award terms, payments from the Fiscal Recovery Funds as a general matter will be subject to the provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200) (the Uniform Guidance), including the cost principles and restrictions on general provisions for selected items of cost. D. Timeline for Use of Fiscal Recovery Funds Section 602(c)(1) and section 603(c)(1) require that payments from the Fiscal Recovery Funds be used only to cover costs incurred by the State, territory, Tribal government, or local government by December 31, 2024. Similarly, the CARES Act provided that payments from the CRF be used to cover costs incurred by December 31, 2021.171 The 1711 See 42 CFR 433.51 and 45 CFR 75.306. 171 Section 1001 of Division N of the Consolidated Appropriations Act, 2021 amended section 6o1(d)(3) of the Act by extending the end of the covered period for CRF expenditures from December 30, 2020 to December 31, 2021. definition of "incurred" does not have a clear meaning. With respect to the CARES Act, on the understanding that the CRF was intended to be used to meet relatively short-term needs, Treasury interpreted this requirement to mean that, for a cost to be considered to have been incurred, performance of the service or delivery of the goods acquired must occur by December 31, 2021. In contrast, the ARPA, passed at a different stage of the COVID-19 public health emergency, was intended to provide more general fiscal relief over a broader timeline. In addition, the ARPA expressly permits the use of Fiscal Recovery Funds for improvements to water, sewer, and broadband infrastructure, which entail a longer timeframe. In recognition of this, Treasury is interpreting the requirement in section 602 and section 603 that costs be incurred by December 31, 2024, to require only that recipients have obligated the Fiscal Recovery Funds by such date. The interim final rule adopts a definition of "obligation" that is based on the definition used for purposes of the Uniform Guidance, which will allow for uniform administration of this requirement and is a definition with which most recipients will be familiar. Payments from the Fiscal Recovery Funds are grants provided to recipients to mitigate the fiscal effects of the COVID-19 public health emergency and to respond to the public health emergency, consistent with the eligible uses enumerated in sections 602(c)(1) and 603(c)(1).172 As such, these funds are intended to provide economic stimulus in areas still recovering from the economic effects of the pandemic. In implementing and interpreting these provisions, including what it means to "respond to" the COVID-19 public health emergency, Treasury takes into consideration pre -pandemic facts and circumstances (e.g., average revenue growth prior to the pandemic) as well as impact of the pandemic that predate the enactment of the ARPA (e.g., replenishing Unemployment Trust balances drawn during the pandemic). While assessing the effects of the COVID-19 public health emergency necessarily takes into consideration the facts and circumstances that predate the ARPA, use of Fiscal Recovery Funds is forward looking. As discussed above, recipients are permitted to use payments from the Fiscal Recovery Funds to respond to the public health emergency, to respond to workers performing essential work by providing premium pay or providing 172 Sections 602(a), 603(a), 602(c)(1) and 603(c)(1) of the Act. grants to eligible employers, and to make necessary investments in water, sewer, or broadband infrastructure, which all relate to prospective uses. In addition, sections 602(c)(1)(C) and 603(c)(1)(C) permit recipients to use Fiscal Recovery Funds for the provision of government services. This clause provides that the amount of funds that may be used for this purpose is measured by reference to the reduction in revenue due to the public health emergency relative to revenues collected in the most recent full fiscal year, but this reference does not relate to the period during which recipients may use the funds, which instead refers to prospective uses, consistent with the other eligible uses. Although as discussed above the eligible uses of payments from the Fiscal Recovery Funds are all prospective in nature, Treasury considers the beginning of the covered period for purposes of determining compliance with section 602(c)(2)(A) to be the relevant reference point for this purpose. The interim final rule thus permits funds to be used to cover costs incurred beginning on March 3, 2021. This aligns the period for use of Fiscal Recovery Funds with the period during which these funds may not be used to offset reductions in net tax revenue. Permitting Fiscal Recovery Funds to be used to cover costs incurred beginning on this date will also mean that recipients that began incurring costs in the anticipation of enactment of the ARPA and in advance of the issuance of this rule and receipt of payment from the Fiscal Recovery Funds would be able to cover them using these payments.173 As set forth in the award terms, the period of performance will run until December 31, 2026, which will provide recipients a reasonable amount of time to complete projects funded with payments from the Fiscal Recovery Funds. IV. Recoupment Process Under the ARPA, failure to comply with the restrictions on use contained in sections 602(c) and 603(c) of the Act may result in recoupment of funds. 174 The interim final rule implements these provisions by establishing a process for recoupment. Identification and Notice of Violations. Failure to comply with the restrictions on use will be identified based on reporting provided by the 173 Given the nature of this program, recipients will not be permitted to use funds to cover pre- award costs, i.e., those incurred prior to March 3, 2021. 174 Sections 602(e) and 603(e) of the Act. Page 407 of 510 26812 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations recipient. As discussed further in Sections III.B and VIII of this SUPPLEMENTARY INFORMATION, Treasury will collect information regarding eligible uses on a quarterly basis and on the tax offset provision on an annual basis. Treasury also may consider other information in identifying a violation, such as information provided by members of the public. If Treasury identifies a violation, it will provide written notice to the recipient along with an explanation of such amounts. Request for Reconsideration. Under the interim final rule, a recipient may submit a request for reconsideration of any amounts identified in the notice provided by Treasury. This reconsideration process provides a recipient the opportunity to submit additional information it believes supports its request in light of the notice of recoupment, including, for example, additional information regarding the recipient's use of Fiscal Recovery Funds or its tax revenues. The process also provides the Secretary with an opportunity to consider all information relevant to whether a violation has occurred, and if so, the appropriate amount for recoupment. The interim final rule also establishes requirements for the timing of a request for reconsideration. Specifically, if a recipient wishes to request reconsideration of any amounts identified in the notice, the recipient must submit a written request for reconsideration to the Secretary within 60 calendar days of receipt of such notice. The request must include an explanation of why the recipient believes that the finding of a violation or recoupable amount identified in the notice of recoupment should be reconsidered. To facilitate the Secretary's review of a recipient's request for reconsideration, the request should identify all supporting reasons for the request. Within 60 calendar days of receipt of the recipient's request for reconsideration, the recipient will be notified of the Secretary's decision to affirm, withdraw, or modify the notice of recoupment. Such notification will include an explanation of the decision, including responses to the recipient's supporting reasons and consideration of additional information provided. The process and timeline established by the interim final rule are intended to provide the recipient with an adequate opportunity to fully present any issues or arguments in response to the notice of recoupment.175 This process will allow the Secretary to respond to the 175 The interim final rule also provides that Treasury may extend any deadlines. issues and considerations raised in the request for reconsideration taking into account the information and arguments presented by the recipient along with any other relevant information. Repayment. Finally, the interim final rule provides that any amounts subject to recoupment must be repaid within 120 calendar days of receipt of any final notice of recoupment or, if the recipient has not requested reconsideration, within 120 calendar days of the initial notice provided by the Secretary. Question 34: Discuss the timeline for requesting reconsideration under the interim final rule. What, if any, challenges does this timeline present? V. Payments in Tranches to Local Governments and Certain States Section 603 of the Act provides that the Secretary will make payments to local governments in two tranches, with the second tranche being paid twelve months after the first payment. In addition, section 602(b)(6)(A)(ii) provides that the Secretary may withhold payment of up to 50 percent of the amount allocated to each State and territory for a period of up to twelve months from the date on which the State or territory provides its certification to the Secretary. Any such withholding for a State or territory is required to be based on the unemployment rate in the State or territory as of the date of the certification. The Secretary has determined to provide in this interim final rule for withholding of 50 percent of the amount of Fiscal Recovery Funds allocated to all States (and the District of Columbia) other than those with an unemployment rate that is 2.0 percentage points or more above its pre -pandemic (i.e.' February 2020) level. The Secretary will refer to the latest available monthly data from the Bureau of Labor Statistics as of the date the certification is provided. Based on data available at the time of public release of this interim final rule, this threshold would result in a majority of States being paid in two tranches. Splitting payments for the majority of States is consistent with the requirement in section 603 of the Act to make payments from the Coronavirus Local Fiscal Recovery Fund to local governments in two tranches.176 176 With respect to Federal financial assistance more generally, States are subject to the requiremmits of the Cash Management Improvement Act (CMIA), wider which Federal funds are drawn upon only on an as needed basis and States are required to remit interest on unused balances to Treasury. Given the statutory requirement for Treasury to make payments to States within a certain period, these requiremmits Splitting payments to States into two tranches will help encourage recipients to adapt, as necessary, to new developments that could arise over the coming twelve months, including potential changes to the nature of the public health emergency and its negative economic impacts. While the U.S. economy has been recovering and adding jobs in aggregate, there is still considerable uncertainty in the economic outlook and the interaction between the pandemic and the economy.177 For these reasons, Treasury believes it will be appropriate for a majority of recipients to adapt their plans as the recovery evolves. For example, a faster -than -expected economic recovery in 2021 could lead a recipient to dedicate more Fiscal Recovery Funds to longer-term investments starting in 2022. In contrast, a slower -than -expected economic recovery in 2021 could lead a recipient to use additional funds for near-term stimulus in 2022. At the same time, the statute contemplates the possibility that elevated unemployment in certain States could justify a single payment. Elevated unemployment is indicative of a greater need to assist unemployed workers and stimulate a faster economic recovery. For this reason, the interim final rule provides that States and territories with an increase in their unemployment rate over a specified threshold may receive a single payment, with the expectation that a single tranche will better enable these States and territories to take additional immediate action to aid the unemployed and strengthen their economies. Following the initial pandemic - related spike in unemployment in 2020, States' unemployment rates have been trending back towards pre -pandemic levels. However, some States' labor markets are healing more slowly than others. Moreover, States varied widely in their pre -pandemic levels of unemployment, and some States remain substantially further from their pre - of the CMIA and Treasury's implemmiting regulations at 31 CFR part 205 will not apply to payments from the Fiscal Recovery Funds. Providing funding in two tranches to the majority of States reflects, to the maximum extent permitted by section 602 of the Act, the general principles of Federal cash management and stewardship of Federal funding, yet will be much less restrictive than the usual requiremmits to which States are subject. 179 The potential course of the virus, and its impact on the economy, has contributed to a heightened degree of uncertainty relative to prior periods. See, e.g., Dave Altig et al., Economic uncertainty before and during the COVID-19 pandemic, J. of Public Econ. (Nov. 2020), available at littps://www.sciencedirect.coin/science/article/ a bs/pii/S0047272720301389. Page 408 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26813 pandemic starting point. Consequently, Treasury is delineating States with significant remaining elevation in the unemployment rate, based on the net difference to pre -pandemic levels. Treasury has established that significant remaining elevation in the unemployment rate is a net change in the unemployment rate of 2.0 percentage points or more relative to pre -pandemic levels. In the four previous recessions going back to the early 1980s, the national unemployment rate rose by 3.6, 2.3, 2.0, and 5.0 percentage points, as measured from the start of the recession to the eventual peak during or immediately following the recession.178 Each of these increases can therefore represent a recession's impact on unemployment. To identify States with significant remaining elevation in unemployment, Treasury took the lowest of these four increases, 2.0 percentage points, to indicate states where, despite improvement in the unemployment rate, current labor market conditions are consistent still with a historical benchmark for a recession. No U.S. territory will be subject to withholding of its payment from the Fiscal Recovery Funds. For Puerto Rico, the Secretary has determined that the current level of the unemployment rate (8.8 percent, as of March 2021 179) is sufficiently high such that Treasury should not withhold any portion of its payment from the Fiscal Recovery Funds regardless of its change in unemployment rate relative to its pre - pandemic level. For U.S. territories that are not included in the Bureau of Labor Statistics' monthly unemployment rate data, the Secretary will not exercise the authority to withhold amounts from the Fiscal Recovery Funds. VL Transfer The statute authorizes State, territorial, and Tribal governments; counties; metropolitan cities; and nonentitlement units of local government (counties, metropolitan 178Includes the period during and immediately following recessions, as defined by the National Bureau of Economic Research. National Bureau of Economic Research, US Business Cycle Expansions and Contractions, littps://www.nber.org/research/ data/u s-bu sin ess-cycle-expansions-an d - contractions (last visited Apr. 27, 2021). Based on data from U.S. Bureau of Labor Statistics, Unemployment Rate [UNRATED, retrieved from FRED, Federal Reserve Bank of St. Louis, 1311ps:// fred.stlouisfed.org/series/UNRATE (last visited Apr 27, 2021). 1711 U.S. Bureau of Labor Statistics, Economic News Release—Table 1. Civilian labor force and unemployment by state and selected area, seasonally adjusted, littps://www.bls.govl news.release/laus.tol.htin (last visited Apr. 30, 2021). cities, and nonentitlement units of local government are collectively referred to as "local governments") to transfer amounts paid from the Fiscal Recovery Funds to a number of specified entities. By permitting these transfers, Congress recognized the importance of providing flexibility to governments seeking to achieve the greatest impact with their funds, including by working with other levels or units of government or private entities to assist recipient governments in carrying out their programs. This includes special-purpose districts that perform specific functions in the community, such as fire, water, sewer, or mosquito abatement districts. Specifically, under section 602(c)(3), a State, territory, or Tribal government may transfer funds to a "private nonprofit organization . . . a Tribal organization . . . a public benefit corporation involved in the transportation of passengers or cargo, or a special-purpose unit of State or local government." 180 Similarly, section 603(c)(3) authorizes a local government to transfer funds to the same entities (other than Tribal organizations). The interim final rule clarifies that the lists of transferees in sections 602(c)(3) and 603(c)(3) are not exclusive. The interim final rule permits State, territorial, and Tribal governments to transfer Fiscal Recovery Funds to other constituent units of government or private entities beyond those specified in the statute. Similarly, local governments are authorized to transfer Fiscal Recovery Funds to other constituent units of government (e.g., a county is able to transfer Fiscal Recovery Funds to a city, town, or school district within it) or to private entities. This approach is intended to help provide funding to local governments with needs that may exceed the allocation provided under the statutory formula. State, local, territorial, and Tribal governments that receive a Federal award directly from a Federal awarding agency, such as Treasury, are "recipients." A transferee receiving a transfer from a recipient under sections 602(c)(3) and 603(c)(3) will be a subrecipient. Subrecipients are entities that receive a subaward from a recipient to carry out a program or project on behalf of the recipient with the recipient's Federal award funding. The recipient remains responsible for monitoring and overseeing the subrecipient's use of Fiscal Recovery Funds and other activities related to the award to ensure that the subrecipient complies with the statutory and 1811 Section 602(c)(3) of the Act. regulatory requirements and the terms and conditions of the award. Recipients also remain responsible for reporting to Treasury on their subrecipients' use of payments from the Fiscal Recovery Funds for the duration of the award. Transfers under sections 602(c)(3) and 603(c)(3) must qualify as an eligible use of Fiscal Recovery Funds by the transferor. Once Fiscal Recovery Funds are received, the transferee must abide by the restrictions on use applicable to the transferor under the ARPA and other applicable law and program guidance. For example, if a county transferred Fiscal Recovery Funds to a town within its borders to respond to the COVID-19 public health emergency, the town would be bound by the eligible use requirements applicable to the county in carrying out the county's goal. This also means that county A may not transfer Fiscal Recovery Funds to county B for use in county B because such a transfer would not, from the perspective of the transferor (county A), be an eligible use in county A. Section 603(c)(4) separately provides for transfers by a local government to its State or territory. A transfer under section 603(c)(4) will not make the State a subrecipient of the local government, and such Fiscal Recovery Funds may be used by the State for any purpose permitted under section 602(c). A transfer under section 603(c)(4) will result in a cancellation or termination of the award on the part of the transferor local government and a modification of the award to the transferee State or territory. The transferor must provide notice of the transfer to Treasury in a format specified by Treasury. If the local government does not provide such notice, it will remain legally obligated to Treasury under the award and remain responsible for ensuring that the awarded Fiscal Recovery Funds are being used in accordance with the statute and program guidance and for reporting on such uses to Treasury. A State that receives a transfer from a local government under section 603(c)(4) will be bound by all of the use restrictions set forth in section 602(c) with respect to the use of those Fiscal Recovery Funds, including the prohibitions on use of such Fiscal Recovery Funds to offset certain reductions in taxes or to make deposits into pension funds. Question 35: What are the advantages and disadvantages of treating the list of transferees in sections 602(c)(3) and 603(c)(3) as nonexclusive, allowing States and localities to transfer funds to entities outside of the list? Question 36: Are there alternative ways of defining "special-purpose unit of State or local government" and Page 409 of 510 26814 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations "public benefit corporation" that would better further the aims of the Funds? VII. Nonentitlement Units of Government The Fiscal Recovery Funds provides for $19.53 billion in payments to be made to States and territories which will distribute the funds to nonentitlement units of local government (NEUs); local governments which generally have populations below 50,000. These local governments have not yet received direct fiscal relief from the Federal Government during the COVID-19 public health emergency, making Fiscal Recovery Funds payments an important source of support for their public health and economic responses. Section 603 requires Treasury to allocate and pay Fiscal Recovery Funds to the States and territories and requires the States and territories to distribute Fiscal Recovery Funds to NEUs based on population within 30 days of receipt unless an extension is granted by the Secretary. The interim final rule clarifies certain aspects regarding the distribution of Fiscal Recovery by States and territories to NEUs, as well as requirements around timely payments from the Fiscal Recovery Funds. The ARPA requires that States and territories allocate funding to NEUs in an amount that bears the same proportion as the population of the NEU bears to the total population of all NEUs in the State or territory, subject to a cap (described below). Because the statute requires States and territories to make distributions based on population, States and territories may not place additional conditions or requirements on distributions to NEUs, beyond those required by the ARPA and Treasury's implementing regulations and guidance. For example, a State may not impose stricter limitations than permitted by statute or Treasury regulations or guidance on an NEU's use of Fiscal Recovery Funds based on the NEU's proposed spending plan or other policies. States and territories are also not permitted to offset any debt owed by the NEU against the NEU's distribution. Further, States and territories may not provide funding on a reimbursement basis—e.g., requiring NEUs to pay for project costs up front before being reimbursed with Fiscal Recovery Funds payments—because this funding model would not comport with the statutory requirement that States and territories make distributions to NEUs within the statutory timeframe. Similarly, States and territories distributing Fiscal Recovery Funds payments to NEUs are responsible for complying with the Fiscal Recovery Funds statutory requirement that distributions to NEUs not exceed 75 percent of the NEU's most recent budget. The most recent budget is defined as the NEU's most recent annual total operating budget, including its general fund and other funds, as of January 27, 2020. Amounts in excess of such cap and therefore not distributed to the NEU must be returned to Treasury by the State or territory. States and territories may rely for this determination on a certified top -line budget total from the NEU. Under the interim final rule, the total allocation and distribution to an NEU, including the sum of both the first and second tranches of funding, cannot exceed the 75 percent cap. States and territories must permit NEUs without formal budgets as of January 27, 2020 to self -certify their most recent annual expenditures as of January 27, 2020 for the purpose of calculating the cap. This approach will provide an administrable means to implement the cap for small local governments that do not adopt a formal budget. Section 603(b)(3) of the Social Security Act provides for Treasury to make payments to counties but provides that, in the case of an amount to be paid to a county that is not a unit of general local government, the amount shall instead be paid to the State in which such county is located, and such State shall distribute such amount to each unit of general local government within such county in an amount that bears the same proportion to the amount to be paid to such county as the population of such units of general local government bears to the total population of such county. As with NEUs, States may not place additional conditions or requirements on distributions to such units of general local government, beyond those required by the ARPA and Treasury's implementing regulations and guidance. In the case of consolidated governments, section 603(b)(4) allows consolidated governments (e.g., a city - county consolidated government) to receive payments under each allocation based on the respective formulas. In the case of a consolidated government, Treasury interprets the budget cap to apply to the consolidated government's NEU allocation under section 603(b)(2) but not to the consolidated government's county allocation under section 603(b)(3). If necessary, States and territories may use the Fiscal Recovery Funds under section 602(c)(1)(A) to fund expenses related to administering payments to NEUs and units of general local government, as disbursing these funds itself is a response to the public health emergency and its negative economic impacts. If a State or territory requires more time to disburse Fiscal Recovery Funds to NEUs than the allotted 30 days, Treasury will grant extensions of not more than 30 days for States and territories that submit a certification in writing in accordance with section 603(b)(2)(C)(ii)(I). Additional extensions may be granted at the discretion of the Secretary. Question 37: What are alternative ways for States and territories to enforce the 75 percent cap while reducing the administrative burden on them? Question 38: What criteria should Treasury consider in assessing requests for extensions for further time to distribute NEU payments? VIII. Reporting States (defined to include the District of Columbia), territories, metropolitan cities, counties, and Tribal governments will be required to submit one interim report and thereafter quarterly Project and Expenditure reports through the end of the award period on December 31, 2026. The interim report will include a recipient's expenditures by category at the summary level from the date of award to July 31, 2021 and, for States and territories, information related to distributions to nonentitlement units. Recipients must submit their interim report to Treasury by August 31, 2021. Nonentitlement units of local government are not required to submit an interim report. The quarterly Project and Expenditure reports will include financial data, information on contracts and subawards over $50,000, types of projects funded, and other information regarding a recipient's utilization of the award funds. The reports will include the same general data (e.g., on obligations, expenditures, contracts, grants, and sub - awards) as those submitted by recipients of the CRF, with some modifications. Modifications will include updates to the expenditure categories and the addition of data elements related to specific eligible uses, including some of the reporting elements described in sections above. The initial quarterly Project and Expenditure report will cover two calendar quarters from the date of award to September 30, 2021, and must be submitted to Treasury by October 31, 2021. The subsequent quarterly reports will cover one calendar quarter and must be submitted to Treasury within 30 days after the end of each calendar quarter. Nonentitlement units of local government will be required to submit Page 410 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26815 annual Project and Expenditure reports until the end of the award period on December 31, 2026. The initial annual Project and Expenditure report for nonentitlement units of local government will cover activity from the date of award to September 30, 2021 and must be submitted to Treasury by October 31, 2021. The subsequent annual reports must be submitted to Treasury by October 31 each year. States, territories, metropolitan cities, and counties with a population that exceeds 250,000 residents will also be required to submit an annual Recovery Plan Performance report to Treasury. The Recovery Plan Performance report will provide the public and Treasury information on the projects that recipients are undertaking with program funding and how they are planning to ensure project outcomes are achieved in an effective, efficient, and equitable manner. Each jurisdiction will have some flexibility in terms of the form and content of the Recovery Plan Performance report, as long as it includes the minimum information required by Treasury. The Recovery Plan Performance report will include key performance indicators identified by the recipient and some mandatory indicators identified by Treasury, as well as programmatic data in specific eligible use categories and the specific reporting requirements described in the sections above. The initial Recovery Plan Performance report will cover the period from the date of award to July 31, 2021 and must be submitted to Treasury by August 31, 2021. Thereafter, Recovery Plan Performance reports will cover a 12 -month period, and recipients will be required to submit the report to Treasury within 30 days after the end of the 12 -month period. The second Recovery Plan Performance report will cover the period from July 1, 2021 to June 30, 2022, and must be submitted to Treasury by July 31, 2022. Each annual Recovery Plan Performance report must be posted on the public -facing website of the recipient. Local governments with fewer than 250,000 residents, Tribal governments, and nonentitlement units of local government are not required to develop a Recovery Plan Performance report. Treasury will provide additional guidance and instructions on the reporting requirements outlined above for the Fiscal Recovery Funds at a later date. IX. Comments and Effective Date This interim final rule is being issued without advance notice and public comment to allow for immediate implementation of this program. As discussed below, the requirements of advance notice and public comment do not apply "to the extent that there is involved . . . a matter relating to agency . . . grants." 181 The interim final rule implements statutory conditions on the eligible uses of the Fiscal Recovery Funds grants, and addresses the payment of those funds, the reporting on uses of funds, and potential consequences of ineligible uses. In addition and as discussed below, the Administrative Procedure Act also provides an exception to ordinary notice -and -comment procedures "when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest." 182 This good cause justification also supports waiver of the 60 -day delayed effective date for major rules under the Congressional Review Act at 5 U.S.C. 808(2). Although this interim final rule is effective immediately, comments are solicited from interested members of the public and from recipient governments on all aspects of the interim final rule. These comments must be submitted on or before July 16, 2021. X. Regulatory Analyses Executive Orders 12866 and 13563 This interim final rule is economically significant for the purposes of Executive Orders 12866 and 13563. Treasury, however, is proceeding under the emergency provision at Executive Order 12866 section 6(a)(3)(D) based on the need to act expeditiously to mitigate the current economic conditions arising from the COVID-19 public health emergency. The rule has been reviewed by the Office of Management and Budget (OMB) in accordance with Executive Order 12866. This rule is necessary to implement the ARPA in order to provide economic relief to State, local, and Tribal governments adversely impacted by the COVID-19 public health emergency. Under Executive Order 12866, OMB must determine whether this regulatory action is "significant" and, therefore, subject to the requirements of the Executive Order and subject to review by OMB. Section 3(f) of Executive Order 12866 defines a significant regulatory 1815 U.S.C. 553(a)(2). 182 5 U.S.C. 553(b)(3)(13); see also 5 U.S.C. 553(d)(3) (creating an exception to the requirement of a 30 -day delay before the effective date of a rule "for good cause found and published with the rule"). action as an action likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more, or adversely affect a sector of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or Tribal governments or communities in a material way (also referred to as "economically significant" regulations); (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impacts of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof, or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles stated in the Executive order. This regulatory action is an economically significant regulatory action subject to review by OMB under section 3(f) of Executive Order 12866. Treasury has also reviewed these regulations under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, section 1(b) of Executive Order 13563 requires that an agency: (1) Propose or adopt regulations only upon a reasoned determination that their benefits justify their costs (recognizing that some benefits and costs are difficult to quantify); (2) Tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives taking into account, among other things, and to the extent practicable, the costs of cumulative regulations; (3) Select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity); (4) To the extent feasible, specify performance objectives, rather than the behavior or manner of compliance a regulated entity must adopt; and (5) Identify and assess available alternatives to direct regulation, including providing economic incentives—such as user fees or marketable permits—to encourage the desired behavior, or providing information that enables the public to make choices. Executive Order 13563 also requires an agency "to use the best available Page 411 of 510 26816 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations techniques to quantify anticipated present and future benefits and costs as accurately as possible." OMB's Office of Information and Regulatory Affairs (OIRA) has emphasized that these techniques may include "identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes." Treasury has assessed the potential costs and benefits, both quantitative and qualitative, of this regulatory action, and is issuing this interim final rule only on a reasoned determination that the benefits exceed the costs. In choosing among alternative regulatory approaches, Treasury selected those approaches that would maximize net benefits. Based on the analysis that follows and the reasons stated elsewhere in this document, Treasury believes that this interim final rule is consistent with the principles set forth in Executive Order 13563. Treasury also has determined that this regulatory action does not unduly interfere with States, territories, Tribal governments, and localities in the exercise of their governmental functions. This Regulatory Impact Analysis discusses the need for regulatory action, the potential benefits, and the potential costs. Need for Regulatory Action. This interim final rule implements the $350 billion Fiscal Recovery Funds of the ARPA, which Congress passed to help States, territories, Tribal governments, and localities respond to the ongoing COVID-19 public health emergency and its economic impacts. As the agency charged with execution of these programs, Treasury has concluded that this interim final rule is needed to ensure that recipients of Fiscal Recovery Funds fully understand the requirements and parameters of the program as set forth in the statute and deploy funds in a manner that best reflects Congress' mandate for targeted fiscal relief. This interim final rule is primarily a transfer rule: It transfers $350 billion in aid from the Federal Government to states, territories, Tribal governments, and localities, generating a significant macroeconomic effect on the U.S. economy. In making this transfer, Treasury has sought to implement the program in ways that maximize its potential benefits while minimizing its costs. It has done so by aiming to target relief in key areas according to the congressional mandate; offering clarity to States, territories, Tribal governments, and localities while maintaining their flexibility to respond to local needs; and limiting administrative burdens. Analysis of Benefits. Relative to a pre - statutory baseline, the Fiscal Recovery Funds provide a combined $350 billion to State, local, and Tribal governments for fiscal relief and support for costs incurred responding to the COVID-19 pandemic. Treasury believes that this transfer will generate substantial additional economic activity, although given the flexibility accorded to recipients in the use of funds, it is not possible to precisely estimate the extent to which this will occur and the timing with which it will occur. Economic research has demonstrated that state fiscal relief is an efficient and effective way to mitigate declines in jobs and output during an economic downturn.18 3 Absent such fiscal relief, fiscal austerity among State, local, and Tribal governments could exert a prolonged drag on the overall economic recovery, as occurred following the 2007-09 recession.184 This interim final rule provides benefits across several areas by implementing the four eligible funding uses, as defined in statute: Strengthening the response to the COVID-19 public health emergency and its economic impacts; easing fiscal pressure on State, local, and Tribal governments that might otherwise lead to harmful cutbacks in employment or government services; providing premium pay to essential workers; and making necessary investments in certain types of infrastructure. In implementing the ARPA, Treasury also sought to support disadvantaged communities that have been disproportionately impacted by the pandemic. The Fiscal Recovery Funds as implemented by the interim final rule can be expected to channel resources toward these uses in order to achieve substantial near-term economic and public health benefits, as well as longer-term benefits arising from the allowable investments in water, sewer, and broadband infrastructure and aid to families. 183 Gabriel Chodorow-Reich et al., Does State Fiscal Relief during Recessions Increase Employment? Evidence from the American Recovery and Reinvestment Act, American Econ. J.: Econ. Policy, 4:3 11£3-45 (Aug. 2012), available at ]ittps://www.aeaweb.org/articles?id=10.1257/ po1.4.3.118. 184 See, e.g., Fitzpatrick, Haughwout & Setren, Fiscal Drag from the State and Local Sector?, Liberty Street Economics Blog, Federal Reserve Bank of New York (June 27, 2012), https:// www.libertystreeteconoinics.newyorkfed.org/2012/ 06/fi seal-drag-from-the-sta te-and-local-sector.li tin 1; Jiri Jonas, Great Recession and Fiscal Squeeze at U.S. Subnational Government Level, IMF Working Paper 12/1£34, (July 2012), available at littps:// www.iinf.org/external/pubs/ft/wp/2012/ wp12184.pdf, Gordon, supra note 9. These benefits are achieved in the interim final rule through a broadly flexible approach that sets clear guidelines on eligible uses of Fiscal Recovery Funds and provides State, local, and Tribal government officials discretion within those eligible uses to direct Fiscal Recovery Funds to areas of greatest need within their jurisdiction. While preserving recipients' overall flexibility, the interim final rule includes several provisions that implement statutory requirements and will help support use of Fiscal Recovery Funds to achieve the intended benefits. The remainder of this section clarifies how Treasury's approach to key provisions in the interim final rule will contribute to greater realization of benefits from the program. • Revenue Loss: Recipients will compute the extent of reduction in revenue by comparing actual revenue to a counterfactual trend representing what could have plausibly been expected to occur in the absence of the pandemic. The counterfactual trend begins with the last full fiscal year prior to the public health emergency (as required by statute) and projects forward with an annualized growth adjustment. Treasury's decision to incorporate a growth adjustment into the calculation of revenue loss ensures that the formula more fully captures revenue shortfalls relative to recipients' pre -pandemic expectations. Moreover, recipients will have the opportunity to re -calculate revenue loss at several points throughout the program, recognizing that some recipients may experience revenue effects with a lag. This option to re -calculate revenue loss on an ongoing basis should result in more support for recipients to avoid harmful cutbacks in future years. In calculating revenue loss, recipients will look at general revenue in the aggregate, rather than on a source -by -source basis. Given that recipients may have experienced offsetting changes in revenues across sources, Treasury's approach provides a more accurate representation of the effect of the pandemic on overall revenues. • Premium Pay: Per the statute, recipients have broad latitude to designate critical infrastructure sectors and make grants to third -party employers for the purpose of providing premium pay or otherwise respond to essential workers. While the interim final rule generally preserves the flexibility in the statute, it does add a requirement that recipients give written justification in the case that premium pay would increase a worker's annual pay above a certain threshold. To set this threshold, Treasury analyzed data Page 412 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26817 from the Bureau of Labor Statistics to determine a level that would not require further justification for premium pay to the vast majority of essential workers, while requiring higher scrutiny for provision of premium pay to higher - earners who, even without premium pay, would likely have greater personal financial resources to cope with the effects of the pandemic. Treasury believes the threshold in the interim final rule strikes the appropriate balance between preserving flexibility and helping encourage use of these resources to help those in greatest need. The interim final rule also requires that eligible workers have regular in-person interactions or regular physical handling of items that were also handled by others. This requirement will also help encourage use of financial resources for those who have endured the heightened risk of performing essential work. • Withholding of Payments to Recipients: Treasury believes that for the vast majority of recipient entities, it will be appropriate to receive funds in two separate payments. As discussed above, withholding of payments ensures that recipients can adapt spending plans to evolving economic conditions and that at least some of the economic benefits will be realized in 2022 or later. However, consistent with authorities granted to Treasury in the statute, Treasury recognizes that a subset of States with significant remaining elevation in the unemployment rate could face heightened additional near- term needs to aid unemployed workers and stimulate the recovery. Therefore, for a subset of State governments, Treasury will not withhold any funds from the first payment. Treasury believes that this approach strikes the appropriate balance between the general reasons to provide funds in two payments and the heightened additional near-term needs in specific States. As discussed above, Treasury set a threshold based on historical analysis of unemployment rates in recessions. • Hiring Public Sector Employees: The interim final rule states explicitly that recipients may use funds to restore their workforces up to pre -pandemic levels. Treasury believes that this statement is beneficial because it eliminates any uncertainty that could cause delays or otherwise negatively impact restoring public sector workforces (which, at time of publication, remain significantly below pre -pandemic levels). Finally, the interim final rule aims to promote and streamline the provision of assistance to individuals and communities in greatest need, particularly communities that have been historically disadvantaged and have experienced disproportionate impacts of the COVID-19 crisis. Targeting relief is in line with Executive Order 13985, "Advancing Racial Equity and Support for Underserved Communities Through the Federal Government," which laid out an Administration -wide priority to support "equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality." 185 To this end, the interim final rule enumerates a list of services that may be provided using Fiscal Recovery Funds in low-income areas to address the disproportionate impacts of the pandemic in these communities; establishes the characteristics of essential workers eligible for premium pay and encouragement to serve workers based on financial need; provides that recipients may use Fiscal Recovery Funds to restore (to pre -pandemic levels) state and local workforces, where women and people of color are disproportionately represented; 1813 and targets investments in broadband infrastructure to unserved and underserved areas. Collectively, these provisions will promote use of resources to facilitate the provision of assistance to individuals and communities with the greatest need. Analysis of Costs. This regulatory action will generate administrative costs relative to a pre -statutory baseline. This includes, chiefly, costs required to administer Fiscal Recovery Funds, oversee subrecipients and beneficiaries, and file periodic reports with Treasury. It also requires States to allocate Fiscal Recovery Funds to nonentitlement units, which are smaller units of local government that are statutorily required to receive their funds through States. Treasury expects that the administrative burden associated with this program will be moderate for a grant program of its size. Treasury expects that most recipients receive direct or indirect funding from Federal Government programs and that many 185 Executive Order on Advancing Racial Equity and Support for Underserved COmmurlltleS through the Federal Government (Jan. 20, 2021) (86 FR 7009, January 25, 2021), littps://www.whiteliouse.govl briefing-room/presid en tial -action s/2021 /01 /20/ executive -order -advancing -racial -equity -and - support for-underserved-coininunities-through-the- federal-government/ (last visited May 9, 2021). tae David Cooper, Mary Gable & Algernon Austin, Economic Policy Institute Briefing Paper, The Public -Sector Jobs Crisis: Women and African Americans hit hardest by job losses in state and local governments, littps://www.epi.org/ publication/bp339-public-sector-jobs-crisis (last visited May 9, 2021). have familiarity with how to administer and report on Federal funds or grant funding provided by other entities. In particular, States, territories, and large localities will have received funds from the CRF and Treasury expects them to rely heavily on established processes developed last year or through prior grant funding, mitigating burden on these governments. Treasury expects to provide technical assistance to defray the costs of administration of Fiscal Recovery Funds to further mitigate burden. In making implementation choices, Treasury has hosted numerous consultations with a diverse range of direct recipients— States, small cities, counties, and Tribal governments—along with various communities across the United States, including those that are underserved. Treasury lacks data to estimate the precise extent to which this interim final rule generates administrative burden for State, local, and Tribal governments, but seeks comment to better estimate and account for these costs, as well as on ways to lessen administrative burdens. Executive Order 13132 Executive Order 13132 (entitled Federalism) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial, direct compliance costs on State, local, and Tribal governments, and is not required by statute, or preempts state law, unless the agency meets the consultation and funding requirements of section 6 of the Executive order. This interim final rule does not have federalism implications within the meaning of the Executive order and does not impose substantial, direct compliance costs on State, local, and Tribal governments or preempt state law within the meaning of the Executive order. The compliance costs are imposed on State, local, and Tribal governments by sections 602 and 603 of the Social Security Act, as enacted by the ARPA. Notwithstanding the above, Treasury has engaged in efforts to consult and work cooperatively with affected State, local, and Tribal government officials and associations in the process of developing the interim final rule. Pursuant to the requirements set forth in section 8(a) of Executive Order 13132, Treasury certifies that it has complied with the requirements of Executive Order 13132. Administrative Procedure Act The Administrative Procedure Act (APA), 5 U.S.C. 551 et seq., generally requires public notice and an opportunity for comment before a rule Page 413 of 510 26818 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations becomes effective. However, the APA provides that the requirements of 5 U.S.C. 553 do not apply "to the extent that there is involved . . . a matter relating to agency . . . grants." The interim final rule implements statutory conditions on the eligible uses of the Fiscal Recovery Funds grants, and addresses the payment of those funds, the reporting on uses of funds, and potential consequences of ineligible uses. The rule is thus "both clearly and directly related to a federal grant program." National Wildlife Federation v. Snow, 561 F.2d 227, 232 (D.C. Cir. 1976). The rule sets forth the "process necessary to maintain state . . . eligibility for federal funds," id., as well as the "method[s] by which states can . qualify for federal aid," and other "integral part[s] of the grant program," Center for Auto Safety v. Tiemann, 414 F. Supp. 215, 222 (D.D.C. 1976). As a result, the requirements of 5 U.S.C. 553 do not apply. The APA also provides an exception to ordinary notice -and -comment procedures "when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest." 5 U.S.C. 553(b)(3)(B); see also 5 U.S.C. 553(d)(3) (creating an exception to the requirement of a 30 -day delay before the effective date of a rule "for good cause found and published with the rule"). Assuming 5 U.S.C. 553 applied, Treasury would still have good cause under sections 553(b)(3)(B) and 553(d)(3) for not undertaking section 553's requirements. The ARPA is a law responding to a historic economic and public health emergency; it is "extraordinary" legislation about which "both Congress and the President articulated a profound sense of `urgency."' Petryv. Block, 737 F.2d 1193, 1200 (D.C. Cir. 1984). Indeed, several provisions implemented by this interim final rule (sections 602(c)(1)(A) and 603(c)(1)(A)) explicitly provide funds to "respond to the public health emergency," and the urgency is further exemplified by Congress's command (in sections 602(b)(6)(B) and 603(b)(7)(A)) that, "[t]o the extent practicable," funds must be provided to Tribes and cities "not later than 60 days after the date of enactment." See Philadelphia Citizens in Action v. Schweiker, 669 F.2d 877, 884 (3d Cir. 1982) (finding good cause under circumstances, including statutory time limits, where APA procedures would have been "virtually impossible"). Finally, there is an urgent need for States to undertake the planning necessary for sound fiscal policymaking, which requires an understanding of how funds provided under the ARPA will augment and interact with existing budgetary resources and tax policies. Treasury understands that many states require immediate rules on which they can rely, especially in light of the fact that the ARPA "covered period" began on March 3, 2021. The statutory urgency and practical necessity are good cause to forego the ordinary requirements of notice -and -comment rulemaking. Congressional Review Act The Administrator of OIRA has determined that this is a major rule for purposes of Subtitle E of the Small Business Regulatory Enforcement and Fairness Act of 1996 (also known as the Congressional Review Act or CRA) (5 U.S.C. 804(2) et seq.). Under the CRA, a major rule takes effect 60 days after the rule is published in the Federal Register. 5 U.S.C. 801(a)(3). Notwithstanding this requirement, the CRA allows agencies to dispense with the requirements of section 801 when the agency for good cause finds that such procedure would be impracticable, unnecessary, or contrary to the public interest and the rule shall take effect at such time as the agency promulgating the rule determines. 5 U.S.C. 808(2). Pursuant to section 808(2), for the reasons discussed above, Treasury for good cause finds that a 60 -day delay to provide public notice is impracticable and contrary to the public interest. Paperwork Reduction Act The information collections associated with State, territory, local, and Tribal government applications materials necessary to receive Fiscal Recovery Funds (e.g., payment information collection and acceptance of award terms) have been reviewed and approved by OMB pursuant to the Paperwork Reduction Act (44 U.S.C. chapter 35) (PRA) emergency processing procedures and assigned control number 1505-0271. The information collections related to ongoing reporting requirements, as discussed in this interim final rule, will be submitted to OMB for emergency processing in the near future. Under the PRA, an agency may not conduct or sponsor and a respondent is not required to respond to, an information collection unless it displays a valid OMB control number. Estimates of hourly burden under this program are set forth in the table below. Burden estimates below are preliminary. Reporting Number of respondents (estimated) Number of responses per respondent Total responses Hours per response Total burden in hours Cost to respondent ($48.80 per hour') Recipient Payment Form ..................... 5,050 1 ..................... 5,050 .25 (15 minutes) ... 1,262.5 $61,610 Acceptance of Award Terms ............... 5,050 1 ..................... 5,050 .25 (15 minutes) ... 1,262.5 61,610 Title VI Assurances ............................. 5,050 1 ..................... 5,050 .50 (30 minutes) ... 2,525 123,220 Quarterly Project and Expenditure Re- 5,050 4"' ................. 20,200 25 ......................... 505,000 24,644,000 port. Annual Project and Expenditure Re- TBD 1 per year ....... 1'20,000-40,000 15 ......................... 300,000-600,000 14,640,000-29,280,000 port from NEUs. Annual Recovery Plan Performance 418 1 per year ....... 418 100 ....................... 41,800 2,039,840 report. (") N/A ................. 55,768-75,768 141 ....................... 851,850-1,151,850 41,570,280-56,210,280 Total .............................................. 'Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, Accountants and Auditors, on the internet at https://www.bls.gov/ooh/busi- ness-and-financial/accountants-and-auditors.htm (visited March 28, 2020). Base wage of $33.89/hour increased by 44 percent to account for fully loaded employer cost of employee compensation (benefits, etc.) for a fully loaded wage rate of $48.80. "5,050—TBD. "'Per year after first year. t (Estimate only). Periodic reporting is required by section 602(c) of Section VI of the Social Security Act and under the interim final rule. As discussed in Section VIII of this SUPPLEMENTARY INFORMATION, recipients of Fiscal Recovery Funds will be required to submit one interim report and thereafter quarterly Project and Expenditure reports until the end of the award period. Recipients must submit interim reports to Treasury by August Page 414 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26819 31, 2021. The quarterly Project and Expenditure reports will include financial data, information on contracts and subawards over $50,000, types of projects funded, and other information regarding a recipient's utilization of the award funds. Nonentitlement unit recipients will be required to submit annual Project and Expenditure reports until the end of the award period. The initial annual Project and Expenditure report for Nonentitlement unit recipients must be submitted to Treasury by October 31, 2021. The subsequent annual reports must be submitted to Treasury by October 31 each year. States, territories, metropolitan cities, and counties with a population that exceeds 250,000 residents will also be required to submit an annual Recovery Plan Performance report to Treasury. The Recovery Plan Performance report will include descriptions of the projects funded and information on the performance indicators and objectives of the award. Each annual Recovery Plan Performance report must be posted on the public - facing website of the recipient. Treasury will provide additional guidance and instructions on the all the reporting requirements outlined above for the Fiscal Recovery Funds program at a later date. These and related periodic reporting requirements are under consideration and will be submitted to OMB for approval under the PRA emergency provisions in the near future. Treasury invites comments on all aspects of the reporting and recordkeeping requirements including: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Comments should be sent by the comment deadline to the www.regulations.gov docket with a copy to the Office of Information and Regulatory Affairs, U.S. Office of Management and Budget, 725 17th Street NW, Washington, DC 20503; or email to oiro-submission@omb.eop.gov. Regulatory Flexibility Analysis The Regulatory Flexibility Act (RFA) generally requires that when an agency issues a proposed rule, or a final rule pursuant to section 553(b) of the Administrative Procedure Act or another law, the agency must prepare a regulatory flexibility analysis that meets the requirements of the RFA and publish such analysis in the Federal Register. 5 U.S.C. 603, 604. Rules that are exempt from notice and comment under the APA are also exempt from the RFA requirements, including the requirement to conduct a regulatory flexibility analysis, when among other things the agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. Since this rule is exempt from the notice and comment requirements of the APA, Treasury is not required to conduct a regulatory flexibility analysis. List of Subjects in 31 CFR Part 35 Executive compensation, Public health emergency, State and local governments, Tribal governments. For the reasons stated in the preamble, the Department of the Treasury amends 31 CFR part 35 as follows: PART 35—PANDEMIC RELIEF PROGRAMS ■ 1. The authority citation for part 35 is revised to read as follows: Authority: 42 U.S.C. 802(f); 42 U.S.C. 803(f); 31 U.S.C. 321; Division N, Title V, Subtitle B, Pub. L. 116-260, 134 Stat. 1182; Section 104A, Pub. L. 103-325, 108 Stat. 2160, as amended (12 U.S.C. 4701 et seq.); Pub. L. 117-2, 135 Stat. 4 (42 U.S.C. 802 et seq.). ■ 2. Revise the part heading to read as set forth above. ■ 3. Add subpart A to read as follows: Subpart A—Coronavirus State and Local Fiscal Recovery Funds Sec. 35.1 Purpose. 35.2 Applicability. 35.3 Definitions. 35.4 Reservation of authority, reporting. 35.5 Use of funds. 35.6 Eligible uses. 35.7 Pensions. 35.8 Tax. 35.9 Compliance with applicable laws. 35.10 Recoupment. 35.11 Payments to States. 35.12 Distributions to nonentitlement units of local government and units of general local government. §35.1 Purpose. This subpart implements section 9901 of the American Rescue Plan Act (Subtitle M of Title IX of Pub. L. 117-2), which amends Title VI of the Social Security Act (42 U.S.C. 801 et seq.) by adding sections 602 and 603 to establish the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Fund. §35.2 Applicability. This subpart applies to States, territories, Tribal governments, metropolitan cities, nonentitlement units of local government, counties, and units of general local government that accept a payment or transfer of funds made under section 602 or 603 of the Social Security Act. §35.3 Definitions. As used in this subpart: Baseline means tax revenue of the recipient for its fiscal year ending in 2019, adjusted for inflation in each reporting year using the Bureau of Economic Analysis's Implicit Price Deflator for the gross domestic product of the United States. County means a county, parish, or other equivalent county division (as defined by the Census Bureau). Covered benefits include, but are not limited to, the costs of all types of leave (vacation, family -related, sick, military, bereavement, sabbatical, jury duty), employee insurance (health, life, dental, vision), retirement (pensions, 401(k)), unemployment benefit plans (Federal and State), workers' compensation insurance, and Federal Insurance Contributions Act taxes (which includes Social Security and Medicare taxes). Covered change means a change in law, regulation, or administrative interpretation. A change in law includes any final legislative or regulatory action, a new or changed administrative interpretation, and the phase-in or taking effect of any statute or rule if the phase-in or taking effect was not prescribed prior to the start of the covered period. Covered period means, with respect to a State, Territory, or Tribal government, the period that: (1) Begins on March 3, 2021; and (2) Ends on the last day of the fiscal year of such State, Territory, or Tribal government in which all funds received by the State, Territory, or Tribal government from a payment made under section 602 or 603 of the Social Security Act have been expended or returned to, or recovered by, the Secretary. COVID-19 means the Coronavirus Disease 2019. COVID-19 public health emergency means the period beginning on January 27, 2020 and until the termination of the national emergency concerning the COVID-19 outbreak declared pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.). Page 415 of 510 26820 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations Deposit means an extraordinary payment of an accrued, unfunded liability. The term deposit does not refer to routine contributions made by an employer to pension funds as part of the employer's obligations related to payroll, such as either a pension contribution consisting of a normal cost component related to current employees or a component addressing the amortization of unfunded liabilities calculated by reference to the employer's payroll costs. Eligible employer means an employer of an eligible worker who performs essential work. Eligible workers means workers needed to maintain continuity of operations of essential critical infrastructure sectors, including health care; emergency response; sanitation, disinfection, and cleaning work; maintenance work; grocery stores, restaurants, food production, and food delivery; pharmacy; biomedical research; behavioral health work; medical testing and diagnostics; home - and community-based health care or assistance with activities of daily living; family or child care; social services work; public health work; vital services to Tribes; any work performed by an employee of a State, local, or Tribal government; educational work, school nutrition work, and other work required to operate a school facility; laundry work; elections work; solid waste or hazardous materials management, response, and cleanup work; work requiring physical interaction with patients; dental care work; transportation and warehousing; work at hotel and commercial lodging facilities that are used for COVID-19 mitigation and containment; work in a mortuary; work in critical clinical research, development, and testing necessary for COVID-19 response. (1) With respect to a recipient that is a metropolitan city, nonentitlement unit of local government, or county, workers in any additional sectors as each chief executive officer of such recipient may designate as critical to protect the health and well-being of the residents of their metropolitan city, nonentitlement unit of local government, or county; or (2) With respect to a State, Territory, or Tribal government, workers in any additional sectors as each Governor of a State or Territory, or each Tribal government, may designate as critical to protect the health and well-being of the residents of their State, Territory, or Tribal government. Essential work means work that: (1) Is not performed while teleworking from a residence; and (2) Involves: (i) Regular in-person interactions with patients, the public, or coworkers of the individual that is performing the work; or (ii) Regular physical handling of items that were handled by, or are to be handled by patients, the public, or coworkers of the individual that is performing the work. Funds means, with respect to a recipient, amounts provided to the recipient pursuant to a payment made under section 602(b) or 603(b) of the Social Security Act or transferred to the recipient pursuant to section 603(c)(4) of the Social Security Act. General revenue means money that is received from tax revenue, current charges, and miscellaneous general revenue, excluding refunds and other correcting transactions, proceeds from issuance of debt or the sale of investments, agency or private trust transactions, and intergovernmental transfers from the Federal Government, including transfers made pursuant to section 9901 of the American Rescue Plan Act. General revenue does not include revenues from utilities. Revenue from Tribal business enterprises must be included in general revenue. Intergovernmental transfers means money received from other governments, including grants and shared taxes. Metropolitan city has the meaning given that term in section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(4)) and includes cities that relinquish or defer their status as a metropolitan city for purposes of receiving allocations under section 106 of such Act (42 U.S.C. 5306) for fiscal year 2021. Net reduction in total spending is measured as the State or Territory's total spending for a given reporting year excluding its spending of funds, subtracted from its total spending for its fiscal year ending in 2019, adjusted for inflation using the Bureau of Economic Analysis's Implicit Price Deflator for the gross domestic product of the United States. Nonentitlement unit of local government means a "city," as that term is defined in section 102(a)(5) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(5)), that is not a metropolitan city. Nonprofit means a nonprofit organization that is exempt from Federal income taxation and that is described in section 501(c)(3) of the Internal Revenue Code. Obligation means an order placed for property and services and entering into contracts, subawards, and similar transactions that require payment. Pension fund means a defined benefit plan and does not include a defined contribution plan. Premium pay means an amount of up to $13 per hour that is paid to an eligible worker, in addition to wages or remuneration the eligible worker otherwise receives, for all work performed by the eligible worker during the COVID-19 public health emergency. Such amount may not exceed $25,000 with respect to any single eligible worker. Premium pay will be considered to be in addition to wages or remuneration the eligible worker otherwise receives if, as measured on an hourly rate, the premium pay is: (1) With regard to work that the eligible worker previously performed, pay and remuneration equal to the sum of all wages and remuneration previously received plus up to $13 per hour with no reduction, substitution, offset, or other diminishment of the eligible worker's previous, current, or prospective wages or remuneration; or (2) With regard to work that the eligible worker continues to perform, pay of up to $13 that is in addition to the eligible worker's regular rate of wages or remuneration, with no reduction, substitution, offset, or other diminishment of the workers' current and prospective wages or remuneration. Qualified census tract has the same meaning given in 26 U.S.C. 42(d)(5)(B)(ii)(I). Recipient means a State, Territory, Tribal government, metropolitan city, nonentitlement unit of local government, county, or unit of general local government that receives a payment made under section 602(b) or 603(b) of the Social Security Act or transfer pursuant to section 603(c)(4) of the Social Security Act. Reporting year means a single year or partial year within the covered period, aligned to the current fiscal year of the State or Territory during the covered period. Secretary means the Secretary of the Treasury. State means each of the 50 States and the District of Columbia. Small business means a business concern or other organization that: (1) Has no more than 500 employees, or if applicable, the size standard in number of employees established by the Administrator of the Small Business Administration for the industry in which the business concern or organization operates; and (2) Is a small business concern as defined in section 3 of the Small Business Act (15 U.S.C. 632). Page 416 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26821 Tax revenue means revenue received from a compulsory contribution that is exacted by a government for public purposes excluding refunds and corrections and, for purposes of § 35.8, intergovernmental transfers. Tax revenue does not include payments for a special privilege granted or service rendered, employee or employer assessments and contributions to finance retirement and social insurance trust systems, or special assessments to pay for capital improvements. Territory means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or American Samoa. Tribal enterprise means a business concern: (1) That is wholly owned by one or more Tribal governments, or by a corporation that is wholly owned by one or more Tribal governments; or (2) That is owned in part by one or more Tribal governments, or by a corporation that is wholly owned by one or more Tribal governments, if all other owners are either United States citizens or small business concerns, as these terms are used and consistent with the definitions in 15 U.S.C. 657a(b)(2)(D). Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published by the Bureau of Indian Affairs on January 29, 2021, pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). Unemployment rate means the U-3 unemployment rate provided by the Bureau of Labor Statistics as part of the Local Area Unemployment Statistics program, measured as total unemployment as a percentage of the civilian labor force. Unemployment trust fund means an unemployment trust fund established under section 904 of the Social Security Act (42 U.S.C. 1104). Unit of general local government has the meaning given to that term in section 102(a)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(1)). Unserved and underserved households or businesses means one or more households or businesses that are not currently served by a wireline connection that reliably delivers at least 25 Mbps download speed and 3 Mbps of upload speed. §35.4 Reservation of authority, reporting. (a) Reservation of authority. Nothing in this subpart shall limit the authority of the Secretary to take action to enforce conditions or violations of law, including actions necessary to prevent evasions of this subpart. (b) Extensions or accelerations of timing. The Secretary may extend or accelerate any deadline or compliance date of this subpart, including reporting requirements that implement this subpart, if the Secretary determines that such extension or acceleration is appropriate. In determining whether an extension or acceleration is appropriate, the Secretary will consider the period of time that would be extended or accelerated and how the modified timeline would facilitate compliance with this subpart. (c) Reporting and requests for other information. During the covered period, recipients shall provide to the Secretary periodic reports providing detailed accounting of the uses of funds, all modifications to a State or Territory's tax revenue sources, and such other information as the Secretary may require for the administration of this section. In addition to regular reporting requirements, the Secretary may request other additional information as may be necessary or appropriate, including as may be necessary to prevent evasions of the requirements of this subpart. False statements or claims made to the Secretary may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in Federal awards or contracts, and/or any other remedy available by law. §35.5 Use of funds. (a) In general. A recipient may only use funds to cover costs incurred during the period beginning March 3, 2021, and ending December 31, 2024, for one or more of the purposes enumerated in sections 602(c)(1) and 603(c)(1) of the Social Security Act, as applicable, including those enumerated in section § 35.6, subject to the restrictions set forth in sections 602(c)(2) and 603(c)(2) of the Social Security Act, as applicable. (b) Costs incurred. A cost shall be considered to have been incurred for purposes of paragraph (a) of this section if the recipient has incurred an obligation with respect to such cost by December 31, 2024. (c) Return of funds. A recipient must return any funds not obligated by December 31, 2024, and any funds not expended to cover such obligations by December 31, 2026. §35.6 Eligible uses. (a) In general. Subject to §§ 35.7 and 35.8, a recipient may use funds for one or more of the purposes described in paragraphs (b) through (e) of this section (b) Responding to the public health emergency or its negative economic impacts. A recipient may use funds to respond to the public health emergency or its negative economic impacts, including for one or more of the following purposes: (1) COVID-19 response and prevention. Expenditures for the mitigation and prevention of COVID-19, including: (i) Expenses related to COVID-19 vaccination programs and sites, including staffing, acquisition of equipment or supplies, facilities costs, and information technology or other administrative expenses; (ii) COVID-19-related expenses of public hospitals, clinics, and similar facilities; (iii) COVID-19 related expenses in congregate living facilities, including skilled nursing facilities, long-term care facilities, incarceration settings, homeless shelters, residential foster care facilities, residential behavioral health treatment, and other group living facilities; (iv) Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs and other capital investments in public facilities to meet COVID-19-related operational needs; (v) Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs and other capital investments in public facilities to meet COVID-19-related operational needs; (vi) Costs of providing COVID-19 testing and monitoring, contact tracing, and monitoring of case trends and genomic sequencing for variants; (vii) Emergency medical response expenses, including emergency medical transportation, related to COVID-19; (viii) Expenses for establishing and operating public telemedicine capabilities for COVID-19-related treatment; (ix) Expenses for communication related to COVID-19 vaccination programs and communication or enforcement by recipients of public health orders related to COVID-19; (x) Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment; (xi) Expenses for disinfection of public areas and other facilities in Page 417 of 510 26822 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations response to the COVID-19 public health emergency; (xii) Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats toublic health and safety; (pxiii) Expenses for quarantining or isolation of individuals; (xiv) Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions; (xv) Expenses for treatment of the long-term symptoms or effects of COVID-19, including post -intensive care syndrome; (xvi) Expenses for the improvement of ventilation systems in congregate settings, public health facilities, or other public facilities; (xvii) Expenses related to establishing or enhancing public health data systems; and (xviii) Mental health treatment, substance misuse treatment, and other behavioral health services. (2) Public health and safety staff Payroll and covered benefit expenses for public safety, public health, health care, human services, and similar employees to the extent that the employee's time is spent mitigating or responding to the COVID-19 public health emergency. (3) Hiring State and local government staff. Payroll, covered benefit, and other costs associated with the recipient increasing the number of its employees up to the number of employees that it employed on January 27, 2020. (4) Assistance to unemployed workers. Assistance, including job training, for individuals who want and are available for work, including those who have looked for work sometime in the past 12 months or who are employed part time but who want and are available for full-time work. (5) Contributions to State unemployment insurance trust funds. Contributions to an unemployment trust fund up to the level required to restore the unemployment trust fund to its balance on January 27, 2020 or to pay back advances received under Title XII of the Social Security Act (42 U.S.C. 1321) for the payment of benefits between January 27, 2020 and May 17, 2021. (6) Small businesses. Assistance to small businesses, including loans, grants, in-kind assistance, technical assistance or other services, that responds to the negative economic impacts of the COVID-19 public health emergency. (7) Nonprofits. Assistance to nonprofit organizations, including loans, grants, in-kind assistance, technical assistance or other services, that responds to the negative economic impacts of the COVID-19 public health emergency. (8) Assistance to households. Assistance programs, including cash assistance programs, that respond to the COVID-19 public health emergency. (9) Aid to impacted industries. Aid to tourism, travel, hospitality, and other impacted industries that responds to the negative economic impacts of the COVID-19 public health emergency. (10) Expenses to improve efficacy of public health or economic relief programs. Administrative costs associated with the recipient's COVID- 19 public health emergency assistance programs, including services responding to the COVID-19 public health emergency or its negative economic impacts, that are not federally funded. (11) Survivor's benefits. Benefits for the surviving family members of individuals who have died from COVID-19, including cash assistance to widows, widowers, or dependents of individuals who died of COVID-19. (12) Disproportionately impacted populations and communities. A program, service, or other assistance that is provided in a qualified census tract, that is provided to households and populations living in a qualified census tract, that is provided by a Tribal government, or that is provided to other households, businesses, or populations disproportionately impacted by the COVID-19 public health emergency, such as: (i) Programs or services that facilitate access to health and social services, including: (A) Assistance accessing or applying for public benefits or services; (B) Remediation of lead paint or other lead hazards; and (C) Community violence intervention programs; (ii) Programs or services that address housing insecurity, lack of affordable housing, or homelessness, including: (A) Supportive housing or other programs or services to improve access to stable, affordable housing among individuals who are homeless; (B) Development of affordable housing to increase supply of affordable and high-quality living units; and (C) Housing vouchers and assistance relocating to neighborhoods with higher levels of economic opportunity and to reduce concentrated areas of low economic opportunity; (iii) Programs or services that address or mitigate the impacts of the COVID- 19 public health emergency on education, including: (A) New or expanded early learning services; (B) Assistance to high -poverty school districts to advance equitable funding across districts and geographies; and (C) Educational and evidence -based services to address the academic, social, emotional, and mental health needs of students; and (iv) Programs or services that address or mitigate the impacts of the COVID- 19 public health emergency on childhood health or welfare, including: (A) New or expanded childcare; (B) Programs to provide home visits by health professionals, parent educators, and social service professionals to individuals with young children to provide education and assistance for economic support, health needs, or child development; and (C) Services for child welfare - involved families and foster youth to provide support and education on child development, positive parenting, coping skills, or recovery for mental health and substance use. (c) Providing premium pay to eligible workers. A recipient may use funds to provide premium pay to eligible workers of the recipient who perform essential work or to provide grants to eligible employers, provided that any premium pay or grants provided under this paragraph (c) must respond to eligible workers performing essential work during the COVID-19 public health emergency. A recipient uses premium pay or grants provided under this paragraph (c) to respond to eligible workers performing essential work during the COVID-19 public health emergency if it prioritizes low- and moderate -income persons. The recipient must provide, whether for themselves or on behalf of a grantee, a written justification to the Secretary of how the premium pay or grant provided under this paragraph (c) responds to eligible workers performing essential work if the premium pay or grant would increase an eligible worker's total wages and remuneration above 150 percent of such eligible worker's residing State's average annual wage for all occupations or their residing county's average annual wage, whichever is higher. (d) Providing government services. For the provision of government services to the extent of a reduction in the recipient's general revenue, calculated according to paragraphs (d)(1) and (2) of this section. (1) Frequency. A recipient must calculate the reduction in its general revenue using information as -of December 31, 2020, December 31, 2021, December 31, 2022, and December 31, 2023 (each, a calculation date) and following each calculation date. Page 418 of 510 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations 26823 (2) Calculation. A reduction in a recipient's general revenue equals: 12� Max {[Base Year Revenue * (1 + Growth Adjustment)�] — Actual General Revenuet; 01 Where: Base Year Revenue is the recipient's general revenue for the most recent full fiscal year prior to the COVD-19 public health emergency; Growth Adjustment is equal to the greater of 4.1 percent (or 0.041) and the recipient's average annual revenue growth over the three full fiscal years prior to the COVID-19 public health emergency. n equals the number of months elapsed from the end of the base year to the calculation date. Actual General Revenue is a recipient's actual general revenue collected during 12 -month period ending on each calculation date; Subscript t denotes the specific calculation date. (e) To make necessary investments in infrastructure. A recipient may use funds to make investments in: (1) Clean Water State Revolving Fund and Drinking Water State Revolving Fund investments. Projects or activities of the type that would be eligible under section 603(c) of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)) or section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12); or, (2) Broadband. Broadband infrastructure that is designed to provide service to unserved or underserved households and businesses and that is designed to, upon completion: (i) Reliably meet or exceed symmetrical 100 Mbps download speed and upload speeds; or (ii) In cases where it is not practicable, because of the excessive cost of the project or geography or topography of the area to be served by the project, to provide service meeting the standards set forth in paragraph (e)(2)(i) of this section: (A) Reliably meet or exceed 100 Mbps download speed and between at least 20 Mbps and 100 Mbps upload speed; and (B) Be scalable to a minimum of 100 Mbps download speed and 100 Mbps upload speed. §35.7 Pensions. A recipient may not use funds for deposit into any pension fund. § 35.8 Tax. (a) Restriction. A State or Territory shall not use funds to either directly or indirectly offset a reduction in the net tax revenue of the State or Territory resulting from a covered change during the covered period. (b) Violation. Treasury will consider a State or Territory to have used funds to offset a reduction in net tax revenue if, during a reporting year: (1) Covered change. The State or Territory has made a covered change that, either based on a reasonable statistical methodology to isolate the impact of the covered change in actual revenue or based on projections that use reasonable assumptions and do not incorporate the effects of macroeconomic growth to reduce or increase the projected impact of the covered change, the State or Territory assesses has had or predicts to have the effect of reducing tax revenue relative to current law; (2) Exceeds the de minimis threshold. The aggregate amount of the measured or predicted reductions in tax revenue caused by covered changes identified under paragraph (b)(1) of this section, in the aggregate, exceeds 1 percent of the State's or Territory's baseline; (3) Reduction in net tax revenue. The State or Territory reports a reduction in net tax revenue, measured as the difference between actual tax revenue and the State's or Territory's baseline, each measured as of the end of the reporting year; and (4) Consideration of other changes. The aggregate amount of measured or predicted reductions in tax revenue caused by covered changes is greater than the sum of the following, in each case, as calculated for the reporting year: (i) The aggregate amount of the expected increases in tax revenue caused by one or more covered changes that, either based on a reasonable statistical methodology to isolate the impact of the covered change in actual revenue or based on projections that use reasonable assumptions and do not incorporate the effects of macroeconomic growth to reduce or increase the projected impact of the covered change, the State or Territory assesses has had or predicts to have the effect of increasing tax revenue; and (ii) Reductions in spending, up to the amount of the State's or Territory's net reduction in total spending, that are in: (A) Departments, agencies, or authorities in which the State or Territory is not using funds; and (B) Departments, agencies, or authorities in which the State or Territory is using funds, in an amount equal to the value of the spending cuts in those departments, agencies, or authorities, minus funds used. (c) Amount and revenue reduction cap. If a State or Territory is considered to be in violation pursuant to paragraph (b) of this section, the amount used in violation of paragraph (a) of this section is e ual to the lesser of: (1L The reduction in net tax revenue of the State or Territory for the reporting year, measured as the difference between the State's or Territory's baseline and its actual tax revenue, each measured as of the end of the reporting year; and, (2) The aggregate amount of the reductions in tax revenues caused by covered changes identified in paragraph (b)(1) of this section, minus the sum of the amounts in identified in paragraphs (b)(4)(i) and (ii). §35.9 Compliance with applicable laws. A recipient must comply with all other applicable Federal statutes, regulations, and Executive orders, and a recipient shall provide for compliance with the American Rescue Plan Act, this subpart, and any interpretive guidance by other parties in any agreements it enters into with other parties relating to these funds. §35.10 Recoupment. (a) Identification of violations—(1) In general. Any amount used in violation of § 35.5, § 35.6, or § 35.7 may be identified at any time prior to December 31, 2026. (2) Annual reporting of amounts of violations. On an annual basis, a recipient that is a State or Territory must calculate and report any amounts used in violation of § 35.8. (b) Calculation of amounts subject to recoupment—(1) In general. Except as provided in paragraph (b)(2) of this section, Treasury will calculate any amounts subject to recoupment resulting from a violation of § 35.5, § 35.6, or § 35.7 as the amounts used in violation of such restrictions. (2) Violations of § 35.8. Treasury will calculate any amounts subject to recoupment resulting from a violation of § 35.8, equal to the lesser of: (i) The amount set forth in § 35.8(c); and, Page 419 of 510 26824 Federal Register / Vol. 86, No. 93 / Monday, May 17, 2021 / Rules and Regulations (ii) The amount of funds received by such recipient. (c) Notice. If Treasury calculates an amount subject to recoupment under paragraph (b) of this section, Treasury will provide the recipient a written notice of the amount subject to recoupment along with an explanation of such amounts. (d) Request for reconsideration. Unless Treasury extends the time period, within 60 calendar days of receipt of a notice of recoupment provided under paragraph (c) of this section, a recipient may submit a written request to Treasury requesting reconsideration of any amounts subject to recoupment under paragraph (b) of this section. To request reconsideration of any amounts subject to recoupment, a recipient must submit to Treasury a written request that includes: (1) An explanation of why the recipient believes all or some of the amount should not be subject to recoupment; and (2) A discussion of supporting reasons, along with any additional information. (e) Final amount subject to recoupment. Unless Treasury extends the time period, within 60 calendar days of receipt of the recipient's request for reconsideration provided pursuant to paragraph (d) of this section, the recipient will be notified of the Secretary's decision to affirm, withdraw, or modify the notice of recoupment. Such notification will include an explanation of the decision, including responses to the recipient's supporting reasons and consideration of additional information provided. (f) Repayment of funds. Unless Treasury extends the time period, a recipient shall repay to the Secretary any amounts subject to recoupment in accordance with instructions provided by Treasury: (1) Within 120 calendar days of receipt of the notice of recoupment provided under paragraph (c) of this section, in the case of a recipient that does not submit a request for reconsideration in accordance with the requirements of paragraph (d) of this section; or (2) Within 120 calendar days of receipt of the Secretary's decision under paragraph (e) of this section, in the case of a recipient that submits a request for reconsideration in accordance with the requirements of paragraph (d) of this section. §35.11 Payments to States. (a) In general. With respect to any State or Territory that has an unemployment rate as of the date that it submits an initial certification for payment of funds pursuant to section 602(d)(1) of the Social Security Act that is less than two percentage points above its unemployment rate in February 2020, the Secretary will withhold 50 percent of the amount of funds allocated under section 602(b) of the Social Security Act to such State or territory until the date that is twelve months from the date such initial certification is provided to the Secretary. (b) Payment of withheld amount. In order to receive the amount withheld under paragraph (a) of this section, the State or Territory must submit to the Secretary at least 30 days prior to the date referenced in paragraph (a) the following information: (1) A certification, in the form provided by the Secretary, that such State or Territory requires the payment to carry out the activities specified in section 602(c) of the Social Security Act and will use the payment in compliance with section 602(c) of the Social Security Act; and, (2) Any reports required to be filed by that date pursuant to this subpart that have not yet been filed. §35.12 Distributions to nonentitlement units of local government and units of general local government. (a) Nonentitlement units of local government. Each State or Territory that receives a payment from Treasury pursuant to section 603(b)(2)(B) of the Social Security Act shall distribute the amount of the payment to nonentitlement units of government in such State or Territory in accordance with the requirements set forth in section 603(b)(2)(C) of the Social Security Act and without offsetting any debt owed by such nonentitlement units of local governments against such payments. (b) Budget cap. A State or Territory may not make a payment to a nonentitlement unit of local government pursuant to section 603(b)(2)(C) of the Social Security Act and paragraph (a) of this section in excess of the amount equal to 75 percent of the most recent budget for the nonentitlement unit of local government as of January 27, 2020. A State or Territory shall permit a nonentitlement unit of local government without a formal budget as of January 27, 2020, to provide a certification from an authorized officer of the nonentitlement unit of local government of its most recent annual expenditures as of January 27, 2020, and a State or Territory may rely on such certification for purposes of complying with this paragraph (b). (c) Units of general local government. Each State or Territory that receives a payment from Treasury pursuant to section 603(b)(3)(B)(ii) of the Social Security Act, in the case of an amount to be paid to a county that is not a unit of general local government, shall distribute the amount of the payment to units of general local government within such county in accordance with the requirements set forth in section 603(b)(3)(B)(ii) of the Social Security Act and without offsetting any debt owed by such units of general local government against such payments. (d) Additional conditions. A State or Territory may not place additional conditions or requirements on distributions to nonentitlement units of local government or units of general local government beyond those required by section 603 of the Social Security Act or this subpart. Laurie Schaffer, Acting General Counsel. [FR Doc. 2021-10283 Filed 5-13-21; 11:15 am] BILLING CODE 4810 -AK -P Page 420 of 510 .aurNENnc-..> us. cover,Nn..NI iNror.M aT C:PO II Calendar No. 455 116T11 CONGRESSEsu• R• 6800 21> Sl.�sit�x 1 j IN THE SENATE OF THE UNITED STATES M-�Y 20, 2020 Received I Y 21, 2020 Bead the first time JUNE 1, 2020 Read the second time and placed on the calendar AN ACT Making emergency supplemental appropriations for the fiscal year ending September 30, 2020, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tines of the United States gfAinerica in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as "The, heroes Act". 5 SEC. 2. TABLE OF CONTENTS. 6 The tal)le of contents for this Act is as follows: DI<�I�Io� 1�—c�c�ILo�1���IILITs ILIJc�c���IL1 �ITI�I�I�IJ�IIJ�TIu� APPILOPILI1MO ACT, 2020 Title I— kgrieulture, Pural Development, Food xnd Drug Administration, xnd Related Agetwies Page 421 of 510 1549 1 dent, or of Senator or Representative in, or Delegate or 2 Resident Commissioner to, the Congress.". 3 (b) (',I ERI('AiA.AIENDMENT.—The table of contents 4 of such Act is amended by adding at the end of the items 5 relating to title IX the following new item: "See. 907. Elect ion for Federal office defined.". 6 DIVISION Q-COVID-19 HEROES 7 FUND 8 SEC. 170001. SHORT TITLE. 9 This Act may be cited as the "COTID-19 Heroes 10 Fund Act of 2020". 11 TITLE I -PROVISIONS RELATING 12 TO STATE, LOCAL, TRIBAL, 13 AND PRIVATE SECTOR WORK - 14 ERS 15 SEC. 170101. DEFINITIONS. 16 Irr this title: 17 (1) COTID-19 PUBIAC 11EALT11 EMERGENCY. . 18 The term "COTID-19 Public health Emergency" 19 means the public health emergency first declared on 20 January 31, 2020, by the Secretary- of Health and 21 Human Senices under Section 319 of the Public 22 health Senice Act (42 U.S.C. 2474) «-ith respect to 23 (110VID-19. 24 (2) EMPWYii E.—Except as pro`-ided in para - 25 graph 0)((x)(111), the terns "emplove'e" means an in - HR 6800 PCS Page 422 of 510 1550 1 di`-idual (riot ernplove'd by an entity excluded from 2 the definition of the terra "ernplover" for purposes 3 of this title under paragraph ( 3)(11)) who is— o (A) an employee, as defined in section 3(e) 5 of the Fair Labor Standards Act of 1938 (29 6 U.S.C. 203(e)), except that a reference in such 7 section 3(e) to an ernplover shall be considered 8 to be a reference to an ernplove'r described in 9 clauses (i)(1) and (ii) of paragraph (3)(A), 10 (11) a State, ernplovee described in section 11 304(a) of the Government Ernplovee Rights Act 12 of 1991 (42 U.S.C. 2000e-16c(a)); or 13 ((v) an employee of a Tribal ernplove'r. 14 (3) EMPLOYER. - 15 (A) IN (xr+ NER UL.—The terra "ernplove'll" 16 rneaus, except as pro`-ided in subparagraph (13), 17 a person who is - 18 (i)(1) a covered ernplover, as defined 19 in subparagraph ((v); 20 (II) an entity ernploi-ing a State, ern - 21 plod-ee described in section 304(a) of the 22 Government Ernplovee Rights Act of 1991; 23 0r 24 (III) a Tribal ernplove'r; and HR 6800 PCS Page 423 of 510 1551 1 (ii) engaged ill commerce (including 2 government), or 2111 industry or acti`-ity af- 3 fectillg commerce (including government). 4 (I>) Exc u-sio OF EXli'CUTIVE, LEcxi�LA- 5 TlVEI ANIS JUDICL-L ENTITIES COVERED UNDER 6 TITLE IL—The term "emplover" does not ill - 7 clude- 8 (i) any agency, as defined ill section 9 170201(1), except, only as pro-6ded ill sec - 10 tion 170102(8)(2), the VA Office of (rer•i- 1 1 atr'ics & Extended Care Of the Veterans 12 Health Administration; or 13 (ii) the Postal Regulatory Commis - 14 sioll. 15 (C) (',OVERED EMPLOYER. - 16 (i) IN GENERAL.—Ill subparagraph 17 (A) (i) (I), the term "covered ernplover•"- 18 (I) means anv person engaged ill 19 commerce (including government), Ol. 20 ill any industry or acti`1ty affecting 21 cO1 me'l'ce (including government), 22 «-lo employs I or• More employees. 23 (II) includes - 24 (aa) any person who acts di - 25 r'ectly Ol. indirectly ill the interest HR 6800 PCS Page 424 of 510 1552 1 of («-ithin the meaning of section 2 3(d) of the Fair Labor Standards 3 Act of 19 38 (29 U.S.C. 203(d)) 4 an ernplove'r• in relation to any of 5 the ernplovees of such ernplover; 6 and 7 (bb) any successor in inter - 8 est of an employer•, 9 (III) except as provided in sub - 10 paragraph (13), includes any public 11 agency, as defined in Section 3(x) of 12 the Fair Labor Standards Act of 13 19 38 (29 U.S.C. 203(x)), 14 JV) includes any person de - 15 Scribed in Subelause (1) who conducts 16 business as a not-for-profit or'ganiz 1- 17 tion, 18 (V) includes - 19 (aa) an entity or person that 20 contracts directly Avith a State, 21 locality, Tribal government, or 22 the Federal Government, to pro - 23 `-ide care (which may include 24 items and sen ices) through ern - 25 ployees of such entity or person HR 6800 PCS Page 425 of 510 155 1 to indi`-iduals under the Medicare 2 program under title XVIII of the 3 Social Security- Act (42 U.S.C. 4 1395 et seq.), under a State, 5 Medicaid plan under title XIX of 6 such Act (42 U.S.C. 1396 et 7 seq.) or under a Avai`-er• of such 8 plan, Or miler any Other program 9 established or administered by a 10 State,, locality, Tribal go` -ern - 11 rmrrt, or the Federal Govern - 12 rmrrt; 13 (bb) a subcontractor of all 14 entity or• person described ill item 15 (aa) 16 (cc) all indi`-idual client (or 17 a representative on behalf of all 18 indi`-idual client), all entity, or a 19 person, that employs all indi- 20 `-idual to pro`-ide erre (which may 21 include items and sen ices) to the 22 indi`-idual client under a self -di - 23 rected sen ice delivery model 24 through a program established or 25 administered by a State,, locality, HR 6800 PCS Page 426 of 510 1554 1 Tribal government, or the Fed - 2 er al Government; or 3 (dd) an indi-6dual cheat (or 4 a r'epr'esentative on behalf of an 5 indi-6dual client) that, on their 6 own accord, employs an indi- 7 `-rdual to pr o-6de care (which may 8 include menus and Senices) to the 9 indi-6dual client using the indi- 10 `-rdual client's own finances, 11 (STI) includes the United States 12 Postal Senice, 13 (VII) includes a nonappropriated 14 fund instrumentality under the juris- 15 diction of the Armed Forces; and 16 (DTIII) includes, only Avith respect 17 to section 170102(g)(2), the VA Of - 18 free of Geriatrics & Extended Care of 19 the Veterans Health Administration. 20 (n) PUBLIC AGENCY. -For purposes 21 of this title, a public agency shall be con - 22 sidered to be a person engaged in com- 23 coerce or in an industry or activity affect - 24 ing commerce. HR 6800 PCS Page 427 of 510 1555 1 (iii) DEFINITION OF EMPLOYEE.—For 2 purposes of clause (i), the term "em - 3 plod-ee" has the meaning given such term 4 ill Sectioll 3(e), except such term does not 5 include any individual eulplove'd by entity 6 excluded from the defillitioll of the term 7 "eulplovel•" for purposes of this title llYldeT' 8 subparagraph (I>). 9 (1)) PRE referellee ill 10 this paragraph to 2111 eulplove'r shall include a 11 reference to any predecessor of such eulplover. 12 (E) DEFINITION OF CO1I1IlERCE.—Fol pu1- 13 poses of this paragraph, the terms "commerce" 14 and "industry of acti`1ty affecting com- 15 riser 16 (i) (i) mean any activity, business, or ill - 17 dustry ill commerce or ill which a labor 18 dispute would hilldel• ol• obstruct Commerce 19 ol• the flee flow of Commerce, 20 (ii) include commerce and any indus- 21 try affecting commerce, as such terms are 22 defined ill paragraphs (1) and (3 ) of sec - 23 tion 501 of the Labor Management Rehl- 24 tiolls Act, 1947 (29 U.S.C. 142(1) and 25 (3)); and HR 6800 PCS Page 428 of 510 1556 1 (iii) include commerce, as defined in 2 section 3(b) of the Fair Labor Standards 3 Act of 1938 (29 U.S.C. 203(b)) and as de - 4 scribed in section 2(a) of such Act (2 9 5 U.S.C. 202(x)). 6 (4) EMPr,OYER PAYROLL '1 XE"S.—The terra 7 "ernplover pad -roll taxes" means - 8 (A) taxes imposed under sections 3111(b), 9 3221(a) (but only to the extent attributable to 10 the portion of such tax attributable to the tax 11 imposed by section 3111(b)), 3221(b), and 12 3301 of the Internal Revenue Code, of 1986, 13 and 14 (11) taxes imposed by a State or local go` -- 15 ernment on an ernplove'r «-ith respect to 16 amounts paid by such ernplover for «-ork by ern - 17 plod-ees. 18 (5) ESSE TLUWORK.—The terns "essential 19 «-ork" means arra- «-ork that - 20 (A) is performed during the period that be - 21 gins on January 27, 2020 and ends 60 days 22 after the last day- of the COTID-19 Public 23 Health Emergency; 24 (13) is not performed while tele«-orking 25 from a residence; HR 6800 PCS Page 429 of 510 1557 1 ((v) involves - 2 (r) regular iii -person interactions 3 «-ith- 4 (I) patients, 5 (II) the public; or 6 (III) coworkers of the indi`-idual 7 performing the Avor'k, or 8 (u) regular physical handling of items 9 that «-er•e handled by, or are, to be handled 10 by — 11 (I) patients, 12 (II) the public, or 13 (III) coworkers of the indi`-idual 14 performing the Avor'k, and 15 (D) is in any of the following areas: 16 (i) Fist responder «-or•k, in the public 17 sector or private, sector, including senices 18 in response to emergencies that have, the 19 potential to cause, death or serious bodily 20 injury such els police, fire, emergency rned- 21 ical, protective, child maltreatment, domes - 22 tic `lolerrce, and correctional senices (in - 23 eluding acti`-ities carried out by ernplovees 24 in fire protection activities, as defined in 25 section 3(y) of the Fair Labor Standards HR 6800 PCS Page 430 of 510 1558 1 Act of 1938 (29 U.S.C. 203(y)) and acti`-i- 2 ties of law erifor•cemerit officers, as defined 3 in section 1204(6) of the Omnibus Crime, 4 (Vontrol and Safe, Streets Act of 1968 (34 5 U.S.C. 10284(6)). 6 (ii) Health erre «-ork physically pro - 7 `-ided in inpatient settings (including hos- 8 pitals and other inpatient post -acute erre 9 settings such as nursing homes, inpatient 10 rehabilitation facilities, and other related 11 settings) and other «-ork physically per - 12 formed in such inpatient settings that sup - 13 ports or is in fiurtherance of such health 14 care, «-ork physically provided in inpatient 15 settings. 16 (iii) Health erre «-ork physically pro - 17 `-ided in outpatient settings (including at 18 physician offices, community health cen- 19 tors, rural health clinics and other clinics, 20 hospital outpatient departments, free - 21 standing emergency departments, ambula- 22 torr surgical centers, and other related set - 23 tings), and other «-ork physically per - 24 formed in such inpatient settings that sup - 25 ports or is in fiurtherance of such health HR 6800 PCS Page 431 of 510 1559 1 care «-ork physically pro`-ided iii outpatient 2 settings. 3 (i`-) Pharmacy «-ork, physically per - 4 formed iii pharmacies, drug stores, or• 5 other retail facilities specializing iii medical 6 goods and supplies. 7 (`-) Any «-ork physically performed iii 8 a facility- that perforins medical testing and 9 diagnostic sen ices, including laborator y 10 processing, medical testing sen ices, or re - 11 lated activities. 12 (`-i) Horne and community-based 13 «-ork, including home health erre, resideii- 14 tial care, assistance «-ith acti`-ities of daily- 15 li`-iiig, and any sen ices pro`-ided by direct 16 care «-orkers (as defined iii section 7991-, 17 of the Public health Sen ice Act (42 18 U.S.C. 295p)), personal care aides, Job 19 coaches, or supported employment pro - 20 `-iders, and any other pro`-isioii of care to 21 indi`-iduals iii their homes by direct sen ice 22 pro`-iders, personal care attendants, and 23 home health aides. 24 (`-ii) P,iomedical research regarding 25 SARS—CoV-2 and COVID-19 that iii - HR 6800 PCS Page 432 of 510 1560 1 vol` -es the handling of hazardous materials 2 such as COTID-19 samples. 3 (`-iii) P>elia`-ioral health «-ork requiring 4 physical interaction «-ith indi`-iduals, in - 5 eluding mental health services and sub - 6 stance use disorder• prevention, treatment, 7 and recovery services. 8 (i_x) Nursing care and residential care 9 «-ork physically provided in a facility-. 10 (x) Family care, including child care 11 services, iii -home child care services such 12 as nanny senices, and care services pro - 13 `-ided by family members to other family 14 members. 15 (xi) Social services «-ork, including so - 16 cial «-ork, ease management, social and 17 human sen ices, child «-elfare, family ser v- 18 ices, shelter and services for people who 19 have experienced intimate partner `-iolence 20 or sexual assault, sen ices for indi`-iduals 21 who are homeless, child sen ices, cornrnu- 22 pity food and housing sen ices, and other 23 emergency social sen ices. 24 (xii) Public health «-ork conducted at 25 State, local, territorial, and Tribal govern - HR 6800 PCS Page 433 of 510 1561 1 rent public health urgencies, including epi - 2 derniological activities, surveillance, contact 3 tracing, data analysis, statistical research, (xiii) Tribal `-ital sen ices, as defined 4 health education, and Other disease, detec- 5 tioll, prevention, and response methods. 6 (xiii) Tribal `-ital sen ices, as defined 7 by the Commissioner Of the Administration 8 for Native, i uTler'icans in consultation Avith 9 Tribal governments and after conferring 10 Avith urban Indian organizations. 11 (xiv) Crr•ocery «-or•k physically per - 12 formed at grocery stores, supermarkets, 13 conve'lnence stores, corder stores, drug 14 Stores, retail facilities specializing in med- 15 ical goods and Supplies, bodegas, and other 16 locations where, indi`1duals purchase, non - 17 prepared food items. 18 (xv) Restaurant «-or•k, including carry - 19 out, drive-thr•u, or food deli`-er v «-or•k, r•e- 20 quir ing phi -deal interaction Avith indi-6d- 21 uals or food products. 22 ( i) Food production «-ork in` -oh ing 23 the physical interaction «-ith food products, 24 including all agricultural «-ork, farming, 25 fishing, forestry-, ranching, processing, can - HR 6800 PCS Page 434 of 510 1562 1 ning, slaughtering, packaging, barking, 2 butchering, and other food production 3 «-ork, such as any sen ice or activity in - 4 eluded within the pro`-isiorrs of section 3(f) 5 of the Fair Labor Standards Act of 1938 6 (29 U.S.C. 203(f)), or section 3121(g) of 7 the Internal Revenue Code of 1986, and 8 the handling, planting, dri-ing, packing, 9 packaging, processing, freezing, or grading 10 prior to delivery for storage of any agricul- 11 tural or horticultural commodity in its un - 12 manufactured state. 13 ( ii) Transportation «-ork, includ- 14 ink 15 (I) any services in public trans - 16 portation, as defined in section 17 5 302(14) of title 49, United States 18 Code, 19 (II) any private transportation of 20 people, such as transportation pro - 21 `-ided by air, aril, bus, taxicab, pe11- 22 conal carr or truck, noir-motorized `e- 23 hicle, or otherwise, including all ser v- 24 ices performed by indi`-iduals working HR 6800 PCS Page 435 of 510 1563 1 ill or oil Such `e'llicles, `e'llicle depots, 2 or transit facilities, 3 (III) any private transportation 4 of goods ill bulk, including trailspor- 5 tation ` a heavy or light truck, aril, 6 air, or otherwise; 7 JV) any public Or private trails - 8 portation Of mail Or packages, 9 (`T) any private transportation Of 10 food Or Other goods to individuals, ill - 11 Cluding ill a personal Cllr Or truck, 12 lioll-motorized `'ellicle, Or Otherwise; 13 (`TI) any Senices ill passenger 14 rail transportation, including com- 15 muter aril, intercity passenger aril, or 16 1lintrak, including Services performed 17 by ernplove'es of contractors of such 18 entities; 19 (DTII) any sen ices ill the trails - 20 portation of persons, property-, or mail 21 by all aircraft Of all air carrier Coil - 22 ducting operations under part 121 of 23 title 14, Code of Federal Regulations 24 (or successor regulations), or a for - 25 eigil air carrier «-ithiil, to, or from the HR 6800 PCS Page 436 of 510 1564 1 United States, either on board an air - 2 craft or on the ground at an airport, 3 including sen ices performed by ern - 4 plod-ees of contractors of air carriers, 5 Or foreign air carriers, as described in 6 section 4111(3) of the CARES Act 7 (Public Law 116-136); 8 (VIII) any senices as an aircraft 9 mechanic Or technician who performs 10 maintenance, repair, Or overhaul Avork 11 on an aircraft of an air carrier con - 12 ducting operations Under such part 13 121 or foreign air carrier within the 14 United States, 15 (IX) sen ices as maritime «-ork- 16 ers who qualify as seamen Under sec - 17 tion 10101(3) of title 46, United 18 States Code, and Other maritime em - 19 plod-ees 111cludiiln- 20 (aa) longshoremen, harbor 21 workers and shipbuilders covered 22 Under section 2 ( 3) of the 23 Longshore and Harbor Workers' 24 Compensation Act ( 3 U.S.C. 25 902 ( 3)) involved in the transpor- HR 6800 PCS Page 437 of 510 1565 1 tation of merchandise or pas - 2 sengers by Avater•; and 3 (bb) shipbuilders and ship 4 repairers who erre «-orkiug for arl 5 ernplover performing shipbuilding 6 or ship repair «-ork under coil - 7 tract or subcontract to the De - 8 partrnents of Defense, Enei-gT or 9 Homeland Security- for military 10 or other national security- pur- ll poses; and 12 (X) sen ices as maritime, trails - 13 portation workers supporting or ena- 14 bling transportation functions, includ- 15 ing such services as - 16 (aa) barge, workers, tug op - 17 erators, and port and facility se - 18 curity persollnel; 19 (bb) marine, dispatchers- and 20 (cc) workers who repair and 21 maintain marine, vessels (hiclud- 22 ing the equipment and infra - 23 structure that enables operations 24 that encompass movement of 25 cargo and passengers). HR 6800 PCS Page 438 of 510 1566 1 Work physically performed irr a 2 «-arehouse or other facility- irr warehousing 3 (including all services performed by in(li- 4 `-iduals picking, sorting, packing, and ship - 5 ping irr warehouses), storage, distribution, 6 or call center support facilities, and other 7 essential operational support functions that 8 are necessary- to accept, store, and process 9 goods, and that facilitate the goods' trarrs- 10 portation and delivery. 11 (xi -x) Cleaning «-ork and building 12 maintenance «-ork physically performed on 13 the grounds of a facility-, including all cus- 14 todial or janitorial sen ices, security- ser v- 15 ices, and repair and maintenance senices. 16 ( ) Work irr the collection, removal, 17 transport, storage, or disposal of residerr- 18 tial, industrial, or commercial solid «-aste 19 and recd -cling, including sen ices pro`-ided 20 by indi`-iduals who drive, «-aste or recd -cling 21 trucks, who pick up «-aste or recd -cling 22 from residential or commercial locations, 23 or who «-ork at «-aste or recd -cling centers 24 or landfills. HR 6800 PCS Page 439 of 510 1567 1 (-N) Work in the gathering, proc- 2 essing, disseminating, and delivery of news 3 and information that serves the public in - 4 terest to the public through mass media, 5 including tele` cion, radio, and newspapers. 6 (mo i) -Any «-ork performed by an ern - 7 plod-ee of a State,, locality, or Tribal go`- -8 ern e'llt, that is determined to be essential 9 Avork by the highest authority Of such 10 State,, locality, Or Tribal government. 11 (i nn) Educational Avork, School nutrl- 12 tion Avork, and Other Avork required to Op - 13 erate a school facility, including early 14 childhood programs, preschool programs, 15 elementary and secondary education, and 16 higher education. 17 (mo i`-) Laundry «-ork, including «-ork 18 in laundromats, laundry sen ice companies, 19 and dry- cleaners. 20 (-';xxv) Elections «-ork physically per - 21 formed at polling places or otherwise 22 amongst the public, including public -sector 23 elections personnel and private -sector elec- 24 tions personnel. HR 6800 PCS Page 440 of 510 1568 1 (-,;xxvi) Hazardous materials manage - 2 merit, response, and cleanup Avork associ- 3 ated Avith any other essential Avork covered 4 under this paragraph, including health 5 care, Avaste (including medical, phar'ma- 6 ceuticals, and medical material produc- 7 tion), and testing operations (including 8 laboratories processing test kits). 9 (-,;xxvii) Disinfection Avork for all facrh- 10 ties and modes of transportation involved 11 in Other essential Avork covered under this 12 paragraph. 13 (-,;xxviii) Work in critical clinical re - 14 search, development, and testing necessary 15 for C OVID-19 response that involves 16 physical interaction Avith hazardous mate - 17 rials, such as samples of C OVID-19. 18 (ma x) Work in mortuary, funeral, cre- 19 mation, burial, Cemetery, and related ser v- 20 ices. 21 (-,;�xx) Work requiring physical inter - 22 actions Avith patients in physical therapy, 23 occupational therapy, speech-language pa - 24 thology, and respiratory therapy and other 25 therapy sen ices. HR 6800 PCS Page 441 of 510 1569 1 (-,;�xxi) Dental care «-ork requiring 2 physical interaction «-ith patients. 3 (-,;xxii) Work performed by employees 4 of the U.S. Postal Service. 5 (-,;�xxiii) Work at hotel and commercial 6 lodging facilities that are used for COTID- 7 19 mitigation and containment pleasures. xi`-) Work ork installing or repairing a 9 telecommunications line or equipment. 10 (6) ESSENTLA-L WORKER. - 11 (A) IN (xE\ERAI� .—The terns "essential 12 Avorker" gleans an individual, whose Avork and 13 duties include essential Avork, and who is - 14 (i) an employee of an ernplover; or 15 (n) an indi-6dual performing any Ser`' - 16 ices or labor for remuneration for an em - 17 plover, regardless of whether the indi`-idual 18 is classified as an independent contractor 19 by the ernplove'r. 20 (11) IMMIGRATION ',-,TAT US.—Suell terra iii - 21 eludes an indi`-idual regardless of the indi-6d- 22 zeal's immigration status. 23 (7) ESSENTIAI� WORK EMPLOYER.—The terra 24 "essential «-ork ernplover" means an ernplove'r who HR 6800 PCS Page 442 of 510 170 1 employs, or pro`-rdes remuneration for Senices or 2 labor to, an essential worker. 3 (8) FLSA '1 ER S.—The terms "employ", "per - 4 S01111 I c cr'egular rate", and "State," State, " have, the mean - 5 ings given the terms in section 3 of the Fair Labor 6 Standards Act of 1938 (29 U.S.C. 203). 7 (9) IIIGIIL-COMPEN'SATE ) ES"S i NTIAL WORK - 8 ER.—The terra "highly --compensated essential «-ork- 9 er" means an essential «-orker who is paid the equi`-- 10 alert of $200,000 or more per year by an essential 11 «-ork ernplover. 12 (10) LARGE ES"S i NTIAL WORK EMPLOYER. - 13 The term "large, essential Avork employer" means an 14 essential «-ork ernplove'r who has more than 500 in - 15 di`-iduals who erre ernplove'd by the ernplove'r or erre 16 otherwise providing sen ices or labor for rernunera- 17 tion for the ernplove'r. 18 (11) SELF-DIRECTED CARE WORKER.—The 19 term "self-directed care, «-orker" means an indi- 20 `-idual ernplove'd to provide care, (which may include 21 items and services) to an individual client - 22 (A) under a self-directed service, delivery 23 model through a program established or admin - 24 istered by a State,, locality, Tribal government, 25 or the Federal Government; or HR 6800 PCS Page 443 of 510 1571 1 (P>) on the indi`-idual client's own accord 2 and using the indi`-idual client's own finances. 3 (12) TRII UU EMPLOYER.—The, term "Tribal 4 ernplover" means— r) any Tribal government, a subdi-6sion 6 of a Tribal government (determined in accord - 7 ance «-ith section 7871(d) of the Internal Re` -- 8 enue Code), or an agency or instrumentality of 9 a Tribal government or subdi`-ision thereof, 10 >) any Tribal organization yrs the terns 11 "tribal organization" is defined in section 4(l) 12 of the Indian Self -Determination and Education 13 Assistance Act (25 U.S.C. 5 304(l)); 14 ((,) any corporation if more than 50 per - 15 cent (determined by vote, and `-glue) of the out - 16 standing stock of such corporation is owned, di - 17 rectly or indirectly-, by any entity described in 18 subparagraph (A) or (I'>)- or 19 (D) any partnership if more than 50 per - 20 cent of the `-glue of the capital and profits in - 21 terests of such partnership is owned, directly- or 22 indirectly-, by any entity described in subpara- 23 graph (A) or (13). 24 (1 3) TRII A -L GOVERNMENT.—The, terns "Tribal 25 government" means the recognized governing body - HR 6800 PCS Page 444 of 510 1572 1 of any Indian or ,Uaska Native, tribe, band, nation, 2 pueblo, ` Hage, community, component band, or corn - 3 ponent reservation indi`-idually identified (including 4 parenthetically-) in the list published most recently as 5 of the date of enactment of this Act pursuant to see - 6 tion 104 of the Federally- Recognized Indian Tribe 7 List Act of 1994 (25 U.S.C. 51)1). 8 (14) WORK.—The term "«-ork" meads employ - 9 me'llt by, or engagement in providing labor or Serv- 10 ices for, an ernplove'r. 11 SEC. 170102. PANDEMIC PREMIUM PAY FOR ESSENTIAL 12 WORKERS. 13 (a) IN G'r SNI+ORAL.— P>egillinllg 3 dad -s after an essen- 14 tial «-ork ernplover receives a grant under section 170104 15 from the Secretary- of the Treasury-, the essential «-ork ern - 16 plover shall - 17 (1) be required to comply «-ith subsections (b) 18 through (h); and 19 (2) be sul�j ect to the enforcement requirements 20 of section 170105. 21 (b) PA.NDE.A11c' PRE.A11t Al PAY. - 22 (1) IN (xli NEPAL. All essential «-ork ernplover 23 recei`-iilg a grant under section 170104 shall, in ac - 24 cordance «-ith this subsection, pro`-ide each essential 25 «-orker of the essential «-ork ernplove'r «-ith premium HR 6800 PCS Page 445 of 510 1573 1 pad- at a rate equal to $13 for each hour of «-ork 2 performed by the essential «-orker for the ernplover 3 from January 27, 20201 until the date that is 60 4 days after the last day- of the COTID-19 Public 5 Health Emergency. 6 (2) 1I –MAI M AMOUNTS.—The total amount of 7 all premium pad- under this subsection that arr esserr- 8 tial «-ork ernplover is required to pro`-ide to arr es - 9 sential «-orker, including through arra- retroactive 10 payment under paragraph (3), shall not exceed - 11 (A) for arr essential «-orker who is not a 12 highly- comp errsate, d essential «-orker, $10,000 13 reduced by ernplover pad -roll taxes «-ith respect 14 to such premium pad, or 15 (11) for a highly --compensated essential 16 «-orker, $5,000 reduced by ernplove'r pad -roll 17 taxes «-ith respect to such premium pad-. 18 (3) RETROACTIVE PAYMENT.—For all «-ork 19 performed by arr essential «-orker during the period 20 from January 27, 2020, through the date on which 21 the essential «-ork ernplove'r of the «-orker receives a 22 grant under this title, the essential «-ork ernplove'r 23 shall use a portion of the amount of such grant to 24 pro`-ide such «-orker «-ith premium pad- under this 25 subsection for such «-ork at the rate pro`-ided under HR 6800 PCS Page 446 of 510 1574 1 paragraph (1) . Such amount shall be pro`-ided to the 2 essential «-orker as a lump sura in the next pad -check 3 (or other payment form) that immediately follows 4 the receipt of the grant by the essential «-ork ern - 5 plover. In any ease where it is impossible for the ern - 6 plover to arrange for pad-rnent of the amount due in 7 such pad -cheek (or other payment form), such 8 amounts shall be paid as soon as practicable, but in 9 no event later than the second pad -cheek (or other 10 payment form) following the receipt of the grant by 11 the essential «-ork ernplove'r. 12 (4) No EMPLOYER DPSWRi TIO 11Y1 essential 13 «-ork ernplover recei` ng a grant under section 14 170104 shall not have, any discretion to determine 15 which portions of «-ork performed by an essential 16 «-orker qualify- for premium pad- under this sub - 17 sectioll, but shall pad- such premium pad- for any in - 18 crement of time «-orked by the essential «-orker for 19 the essential «-ork ernplover up to the maximum 20 amount applicable to the essential «-orker under 21 paragraph (2). 22 (c) PROHIBITION ON REDUCING (voArPE.N,-, TIO. Wim) 23 DISPLACIJ1IENT.- 24 (1) IN (xENEPLU�. Ally pay-nlelltS Made to all 25 essential «-orker as premium pad- under subsection HR 6800 PCS Page 447 of 510 1575 1 (b) shall be 111 addition to all Other compensation, ill - 2 eluding all «-ages, remuneration, or other pad- and 3 bellefits, that the essential «-orker otherwise receives 4 from the essential «-ork ernplove'r. 5 (2) REDUCTION OF COMPENSATIO\. 1'111 eSSell- 6 tial «-ork ernplover recei`-iilg a grant under section 7 170104 shall not, d1,11 -111g the period beginning oil the 8 date Of enactment Of this Act and ending Oil the 9 date that is 60 (lays after the last day- of the 10 COTID-19 Public Health Emergency, reduce or ill 11 any other «-ay diminish, any other compensation, ill - 12 eluding the «-ages, remuneration, or other pad- or 13 benefits, that the essential «-ork ernplove'r provided 14 to the essential «-orker oil the day- before the date 15 of enactment of this Act. 16 (3) DI'SPLACEMIi NT. 1111 essential Avork em - 17 plover shall not take any action to displace 2111 eSSeil- 18 tial «-orker (including partial displacement such as a 19 reduction ill hours, «-ages, or employment benefits) 20 for purposes of hiring all indi`-idual for all equivalent 21 position at a rate of compensation that is less than 22 is required to be pro`-ided to all essential «-orker 23 under paragraph (2) . 24 (d) DE.ALXRc Tio FROM OTHER COMPE� ATIO .- 25 The amount of any premium pad- paid under subsection HR 6800 PCS Page 448 of 510 1576 1 (b) shell be clearly demarcated as a separate line item in 2 each paystub or other document pro`-ided to an essential 3 «-orker that details the remuneration the essential «-orker 4 received from the essential «-ork ernplove'r for a particular 5 period of time. If any essential «-orker does not otherwise 6 regularly receive, anv such paystub or other document from 7 the ernplover, the essential «-ork ernplove'r shall provide, 8 such paystub or other document to the essential «-orker 9 for the duration of the period in which the essential «-ork 10 ernplover pro` -ides premium pay kinder subsection (b). 11 (e) Exc music FROM WAGE -BASED (v ALCUL A- 12 'ION' prerniurn I)ay kinder Subsection (b) paid to 13 an essential «-orker under this section by an essential «-ork 14 ernplover recei`-irrg a grant under section 170104 shall be 15 excluded from the amount of remuneration for «-ork paid 16 to the essential «-orker for purposes of - 17 (1) calculating the essential worker's eligibility- 18 for any «-urge-based benefits offered by the essential 19 «-ork ernplover; 20 (2) computing the regular rate, at which such 21 essential «-orker is employed under section 7 of the 22 Fair Labor Standards Act of 1938 (29 U.S.C. 207); 23 and HR 6800 PCS Page 449 of 510 1577 1 (3) determining whether such essential «-orker 2 is exempt from application of such section 7 under 3 section 13(a)(1) of such Act (29 U.S.C. 213(a)(1)). 4 (f) ES"SE T -L WORKER DEATH. - 5 (1) IN (xl+ NERAI�.—Irr any arse in which an es - 6 sential «-orker of an essential «-ork ernplover recei`-- 7 ing a grant under section 170104 exhibits symptoms 8 of COVID-19 and dies, the essential «-ork ernplove'r 9 shall pay as a lump sura to the next of kin of the 10 essential «-orker for premium pay under subsection 11 (b)- 12 (A) for an essential «-orker who is not a 13 highly --compensated essential «-orker, the 14 amount determined under subsection (b) (2) (A) 15 minus the total amount of any premium pay the 16 «-orker received under subsection (b) prior to 17 the dearth; or 18 (11) for a highly --compensated essential 19 «-orker, the amount determined under sub - 20 Section (b) (2) (P) minus the amount of any pre - 21 rniurn pay the «-orker received under subsection 22 (b) prior to the dearth. 23 (2) TREATMENT OF int P'St Al PAYMENTS. - 24 (A) TREATMENT S PREMIUM i�A .—For 25 purposes of this title, any payment imide under HR 6800 PCS Page 450 of 510 1578 1 this subsection shell be treated as a premium 2 pay under subsection (b). 3 (I>) TREATMENT FOR Pt -RPO', -,E,-,' OF I\- 4 TERNAL REVENUE CODE OF 1986.—For pur - 5 poses of the Internal Revenue Code of 1986, 6 any payment made under this subsection shall 7 be treated as a payment for «-or•k performed by 8 the essential worker. 9 (g) A1'PLI( TIO\ TO SELF-DIREC'I`ED CARE WORK - 10 ERS FU. DEi) THROUGH MEDICAID OR '1`IIE VE'I`ERA\-DI- 11 RECTED CARE PROGRAM. - 12 (1) MEDICAID.—III the case, of an essential 13 «-ork ernplover recen ing a grant under section 14 170104 that is a covered ernplove'r described in sec - 15 tion 170101(3) ((v) (i) (V) who, under a State Med- 16 icaid plan under title X1X of the Social Security- Act 17 (42 U.S.C. 1 396 et seq.) or under a Avai`-er of such 18 plan, has Opted to receive items Or senices using a 19 self-directed service delivery model, the preceding re - 20 quireme'llts of this section, including the require - 21 me'llts to pro`-ide premium pay kinder subsection (b) 22 (including a lump sura payment in the event of an 23 essential «-orker death under subsection (f)) and the 24 requirements of sections 170104 and 170105, shall 25 apply to the State Medicaid agency responsible for HR 6800 PCS Page 451 of 510 1579 1 the administration of such plan or Avai`-er «-ith re - 2 spect to self-directed care «-orkers ernplove'd by that 3 ernplove'r. In administering payments made under 4 this title to such self-directed care workers on behalf 5 of such ernplovers, a State Medicaid agency shall - 6 (A) exclude and disregard arra- payments 7 made under this title to such self-directed «-ork- 8 ers from the indi`-idualized budget that applies 9 to the items or sen ices furnished to the indi- 10 `-idual client ernplove'r under the State Medicaid 11 plan or Avai`-er, 12 (13) to the extent practicable, administer 13 and pro`-ide payments under this title directly- 14 to such self-directed workers through arrange - 15 rnents «-ith entities that pro`-ide financial mail - 16 agement sen ices ill connection «-ith the self -di - 17 rected service deli`-ery models used under the 18 State Medicaid plan or Avai`-er; and 19 (C) ensure that indi`-idual client ernplovers 20 of such self-directed workers are provided notice 21 of, and comply «-ith, the prohibition under sec - 22 tion 170105(b)(1)(11). 23 (2) VETERAN -DIRECTED CARE PROGRAM.—Irl 24 the case of all essential «-ork ernplove'r that is a co` -- 25 ered employer described ill section HR 6800 PCS Page 452 of 510 1580 1 170101(3)((v)(i)(V) who is a veteran participating in 2 the Veteran Directed Care program administered by 3 the VA Office of (geriatrics & Extended Care of the 4 Veterans Health Administration, the preceding re - 5 quirernents of this section and sections 170104 and 6 170105, shall apply- to such VA Office of Geriatrics 7 & Extended Care «-ith respect to self-directed care 8 workers employed by that ernplover. Paragraph (1) 9 of this subsection shall apply to the administration 10 by the VA Office of (geriatrics & Extended Care of 11 payments made under this title to such self-directed 12 care «-orkers on behalf of such ernplovers in the 13 same, manner as such requirements apply to State, 14 Medicaid agencies. 15 (3) PE. .U= ENFORCEMENT.—The Secretary 16 of Labor shall consult «-ith the Secretary of Health 17 and Human Sen ices and the Secretary of Veterans 18 Mfairs regarding the enforcement of penalties irn- 19 posed under section 170105(b)(2) «-ith respect to 20 `-solations of subparagraph (A) or (13) of section 21 170105(b)(1) that involve self-directed workers for 22 which the requirements of this section and sections 23 170104 and 170105 erre applied to a State Medicaid 24 agency under paragraph (1) or the VA Office of 25 Geriatrics & Extended Care under paragraph (2). HR 6800 PCS Page 453 of 510 1581 1 (11) INTERACTION WITH STWFORD ACT.—Nothing 2 in this section shell nullifv supersede, orotherwise change, 3 a State's ability to seek reimbursement under section 403 4 of the Robert T. Stafford Disaster Relief and Emergency 5 Assistance Act (42 U.S.C. 51701)) for the costs of pre - 6 rniurn pay based on pre -disaster labor policies for eligible 7 ernplove'es. 8 (i) CALCULATION OF PAID LEAVE AVE U DER FF( -',RA 9 AMD FILA. - 10 (1) FAMILIES' FIRST CORONAVIRUS' RE,,-)'Yo\�E 11 Ater.—Section 5110(5)(1->) of the Families First 12 Coronaiirus Response Act (29 U.S.C. 2601 note) is 13 amended by adding at the end the following: 14 "(iii) PA\DEMIC PREMIUM PAY. - 15 Compensation received by an ernplovee 16 under section 170102(b) of the COVID-19 17 Heroes Fund Act of 2020 shall be included 18 as remuneration for employment paid to 19 the ernplovee for purposes of computing 20 the regular nate at which such employee is 21 ernplove'd.". 22 (2) FAMILY A\D All+SDI( UI LEAVE CT OF 23 igg ).—Section 110(b)(2)(13) of the Family and Med- 24 ical Leave, Act of 1993 (29 U.S.C. 2(20(b)(2)(13)) is 25 amended by adding at the end the following: HR 6800 PCS Page 454 of 510 1582 1 "(iii) PANDEMIC PRE1IIi"1I PAY. - 2 Compensation received by an ernplovee 3 under section 170102(b) of the COTID-19 4 Heroes Fund Act of 2020 shall be included 5 as remuneration for employment paid to 6 the ernplovee for purposes of computing 7 the regular rate at which such employee is 8 ernplove'd.". 9 SEC. 170103. COVID-19 HEROES FUND. 10 (a) is established in the 11 Treasury of the United States a find to be known as the 12 "COTID-19 Heroes Fund" (referred to in this section as 13 the "Fund"), consisting of amounts appropriated to the 14 fined under section 170107. 15 (b) Fum) 111)1IINI',-,'I`PATION.—The Fund shall be ad - 16 ministered bv the Secr•etary of the Tr•easur v. 17 (c) USE OF FI"NDs. Amounts in the Fund shall be 18 available to the Secretary of the Treasury for earning out 19 section 170104. 20 SEC. 170104. COVID-19 HEROES FUND GRANTS. 21 (a) 22 (1) FOR PANDEMIC PREMIi"1I Ply.—The Sec - 23 r•etary of the Treasury shall, subject to the avail - 24 ability of amounts provided in this title, award a 25 grant to each essential «-or•k ernplover• that applies HR 6800 PCS Page 455 of 510 1583 1 for a grant, iii accordance «-ith this section, for the 2 purpose of pro`-iding premium pry- to essential «-ork- 3 ers under section 170102(b), including amounts paid 4 under section 170102(f). 5 (2) ELIGIBILITY. - 6 (A) ELIGIBLE EMPLOYERS' GENERALLY.- 7 xli EER ALLY. - 7 11iiv essential «-ork ernplover shall be eligible for 8 a grant under paragraph (1) . 9 (P) SELF-llIRECTED ('-ARE WORI ERS. A 10 self-directed care, «-orker ernploved by aii esseii- 11 tial «-ork ernplove'r other thaii aii essential «-ork 12 ernplove'r described iii section 170102(8), shall 13 be eligible to apply for a grant under paragraph 14 (1) in the same, manner as aii essential «-ork 15 ernplove'r. Such a «-orker shall pro`-ide premium 16 pay to himself or herself in accordance «-ith this 17 seetioir, including the recordkeeping and refund 18 requirements of this seetioir. 19 (b)1.Aiot- T OF (SRA T,')'.- 20 (1) IN GENERAL.—The, maximum amount avail - 21 able, for making a grant under subsection (a) (1) to 22 aii essential «-ork ernplove'r shall be equal to the sura 23 of - 24 (A) the amount obtained by rnultipli-ing 25 $101000 by the number of essential workers the HR 6800 PCS Page 456 of 510 1584 1 ernplove'r certifies, in the application submitted 2 under subsection (c)(1), as ernploi-ing, or pro - 3 `-iding remuneration to for sen ices or labor, 4 who are paid «-ages or remuneration by the ern - 5 plover at a rate that is less than the equivalent 6 of $200,000 per year; and 7 (13) the amount obtained by rnultipli-ing 8 $51000 by the number of highly --compensated 9 essential workers the ernplove'r certifies, in the 10 application submitted under subsection (c)(1), 11 as ernploi-ing, or pro`-iding remuneration to for 12 sen ices or labor, who are paid «-ages or rernu- 13 neration by the ernplove'r at a rate that is equal 14 to or greater than the equivalent of $200,000 15 per year. 16 (2) No PAxTll=-I. GRANTS.—The Secretary- of 17 the Treasury- shall not award a grant under this see - 18 tion in an amount less than the maximum described 19 in paragraph (1) . 20 (c) (rKA T APPLICATION ND DI�I>Ux,'-'W�.- 21 (1) 111'Pi� wATIO . Ally essential «-ork ern - 22 plover seeking a grant under subsection (a) (1) shall 23 submit an application to the Secretary- of the Treas- 24 urs- at such time, in such manner, and complete «-ith 25 such information as the Secretary- may require. HR 6800 PCS Page 457 of 510 1585 1 (2) NOTICE ND CERTIFICATION. - 2 (A) IN (xENEpuI�.—The Secretary of the 3 Treasury shall, within 15 (lays after receiving a 4 complete application from an essential «-or•k ern - 5 plover eligible for a grant under this section - 6 (i) notify- the ernplover• of the See - 7 r•etary's findings «-ith respect to the re - 8 quirements for the grant; and 9 (ii)(I) if the Secretary finds that the 10 essential «-or•k ernplove'r meets the r•equir•e- 11 Tents under this section for a grant under 12 subsection (a), provide, a certification to 13 the ernplove'r- 14 (aa) that the ernplover• has met 15 such r•equir•emelits; 16 (bb) of the amount of the grant 17 payment that the Secretary has deter - 18 mined the ernplove'r shall receive, 19 based on the r'equir'ements under this 20 Section, or 21 (II) if the Secretary finds that the es - 22 sential «-or•k ernplove'r does not meet the 23 requirements under this Section for a grant 24 under Subsection (a), pro-6de a notice of 25 denial stating the reasons for the denial HR 6800 PCS Page 458 of 510 1586 1 and provide, 21x1 opportunity for 2ldrnirlistr2l- 2 ti` e, review by not later th2lrl 10 (lays after 3 the denial. 4 (I>) TP.N,-,FER.—Not later tharl 7 (lays 5 after making a certification under subpara- 6 graph (11)(11) «-1th respect to 2111 essential Avork 7 ernplover, the Secretary- of the Treasury- shall 8 make, the appropriate transfer to the enlplove'r 9 of the amount of the grant. 10 (d) USE OF Fum)s.- 11 (1) IN GENERAL. -All essential «-ork ernplover 12 receiAing a grant under this section shall use the 13 amount of the grant soler- for the following pur- 14 poses: 15 (A) Pro`-iding premium pay under section 16 170102(b) to essential workers irl accordance 17 «-ith the requirements for such payments uudel• 18 such section, including pro`-iding payments de - 19 scribed irl section 170102(f) to the ne-xt of kirl 20 of essential workers irl accordance «-ith the re - 21 quireme'llts for such payments 1d11der such sec - 22 tion. 23 (11) Paying ernplove'r payroll taxes «-ith re - 24 spect to premium pay amounts described irl HR 6800 PCS Page 459 of 510 1587 1 subparagraph (A), including such payments de - 2 scribed ill section 170102(f). 3 Each dollar of a garret received by all essential «-ork 4 ernplove'r under this title shall be used as provided 5 ill subparagraph (A) or (13) or returned to the Sec - 6 retary of the Treasury. 7 (2) No OTIIER AUTHORIZED.—All essell- 8 tial «-ork ernplove'r who uses any amount of a garret 9 for a purpose not required under paragraph (1) shall 10 be— ll (A) Coll sidered to have misused funds ill 12 `-iolation of section 170102; and 13 (11) subject to the enforcement and rem - 14 tidies provided under section 170105. 15 (3) REFUND. - 16 (A) IN GENERAL.—If all essential «-ork 17 ernplover receives a garret under this section 18 and, for any reason, does not pro`-ide every dol - 19 lar of such garret to essential workers in accord - 20 ince «-ith the requirements of this title, there 21 the ernplove'r shall refund any such dollars to 22 the Secretary of the Treasury not later than 23 June 301 2021. Any amounts returned to the 24 Secretary shall be deposited into the Fund and HR 6800 PCS Page 460 of 510 1588 1 be available for any additional grants under this 2 sectioll. 3 (I>) REQUIREMENT FOR NOT REDUCING 4 COMPENSATION. All essential «-ork emploeer 5 who is required to refund any amount under 6 this paragraph shall not reduce or otherwise di - 7 rninish all eligible worker's compensation or 8 benefits ill respollse to or• otherwise due to such 9 refund. 10 (e) RIi CORDKIi EPING. All essential work ernplove'r 11 that receives a grant under this section shall - 12 (1) maintain records, including pad -roll records, 13 demonstrating how each dollar of funds received 14 through the grant «-ere pro`-ided to essential work - 15 ers; and 16 (2) provide such records to the Secretary- of the 17 Treasury- or the Secretary- of Labor upon the request 18 of either such Secretary-. 19 (f) RECOUPMENT.—Irl addition to all other enforce - 20 rnent and remedies available under this title or any other 21 law, the Secretary- of the Treasury- shall establish a process 22 under which the Secretary- shall recoup the amount of any 23 grant awarded under subsection (a) (1) if the Secretary- de - 24 termines that the essential «-ork ernplover recei`-illg the 25 grant— HR 6800 PCS Page 461 of 510 1589 1 (1) did not pro`-ide all of the dollars of such 2 grant to the essential «-orkers of the ernplover; 3 (2) did not, in Bret, have the number of esserl- 4 tial workers certified by the ernplover in accordance 5 «-ith subparagraphs (A) and (13) of subsection 6 (b)(1); 7 ()) dad not pry- the essential Avorkers for the 8 number of hours the emplove'r claimed to have paid; 9 Or 10 (4) otherwise misused funds or `-iolrted this 11 title. 12 (g) SPECIAL RULE FOR CERTI EMPLOYEES' OF 13 TRIB.u. EMPLOYERS.—Essential workers of Tribal ern - 14 plovers who receive funds under title II shall not be eligi- 15 ble to receive funds from grants under this section. 16 (h) '1 x TREATMENT. - 17 (1) ExcLUSION FRO1I UNCOME.—For purposes 18 of the Internal Revenue Code of 1986, any grant re - 19 cei`-ed by an essential «-ork ernplove'r under this sec - 20 tion shall not be included in the gross income of 21 such essential «-ork ernplove'r. 22 (2) DENUL OF DOUBLE BENEFIT. - 23 (A) IN GENERAL.—Ill the else of an esserl- 24 tial «-ork ernplove'r that receives a grant under 25 this section— HR 6800 PCS Page 462 of 510 1590 1 (i) amounts paid under subsections 2 (b) or (f) of section 170102 shall not be 3 taken into account as «-urges for purposes 4 of sections 41, 4511, 51, or 1 396 of the Irl - 5 ternal Revenue Code of 1986 or section 6 2301 of the CURES Act ( Public Law 116- 7 136); and 8 (ii) any deduction otherwise allowable 9 under such Code for applicable, payments 10 during any taxable, year shall be reduced 11 (but not below zero) by the excess (if any) 12 of - 13 (I) the aggregate, amounts of 14 grants received under this section, 15 o`-er 16 (II) the sura of any amount re - 17 funded under subsection (d) plus the 18 aggregate, amount of applicable, pay - 19 rnents made, for all preceding taxable, 20 years. 21 (I>) APPLICABLE PAYMENTS.—For pur- 22 poses of this paragraph, the terra "applicable, 23 payments" means amounts paid as premium 24 pay under subsections (b) or (f) of section HR 6800 PCS Page 463 of 510 1591 1 170102 and amounts paid for ernplover pad -roll 2 taxes «-ith respect to such amounts. 3 ((-',) AGGREGATION RULE.—Rules similar 4 to the rudles of subsections (a) and (b) of section 5 52 of the Internal Revenue Code of 1986 shall 6 apply- for purposes of this section. 7 (3) INFORMATION REPORT Secretary- 8 of the Treasury- shall submit to the Commissioner of 9 Internal Revenue statements corrtarrnrrg- 10 (A) the name and tax identification num- 11 ber of each essential «-ork ernplover recei`-irrg a 12 grant under this section, 13 (13) the amount of such grant; and 14 ((v) arra- amounts refunded under section 15 (d)(3). 16 (i) REPORT, -,.- 17 (1) IN GENERAL.—Not later than 30 (lays after 18 obligating the last dollar of the funds appropriated 19 under this title, the Secretary- of the Treasury- shall 20 submit a report, to the Committees of Congress de - 21 scribed in paragraph (2), that - 22 (A) certifies that all funds appropriated 23 under this title have been obligated; and HR 6800 PCS Page 464 of 510 1592 1 (P>) indicates the number of pending appli- 2 cations for grants under this section that «-ill 3 be rejected due to the hack of funds. 4 (2) (vOAIAII'r'rl E,-,' OF CONGRESS.—The Commit - 5 tees of Congress described irr this paragraph are - 6 (A) the Committee on Ways and Means of 7 the house of Representatives, 8 (11) the Committee on Education and 9 Labor of the house of Representatives, 10 ((v) the Committee on Finance, of the Seri - 11 Arte; and 12 (D) the Committee on Health, Education, 13 Labor, and Pensions of the Senate. 14 SEC. 170105. ENFORCEMENT AND OUTREACH. 15 (a) Di"TIE',-,' OF SE('RE'I =CRY OF LABOR.—The, Sec - 16 retary of Labor shall - 17 (1) have, authority to enforce the requirements 18 of section 170102, in accordance «-ith subsections 19 (b) through (e); 20 (2) conduct outreach as described irr subsection 21 (f); and 22 (3) coordinate «-ith the Secretary of the Treas- 23 urs- as needed to carry out the Secretary of Labor's 24 responsibilities under this section. HR 6800 PCS Page 465 of 510 1593 1 (b) PROIIII3ITED ACTS, PE. A_LTIE'S, ASI) ENFORCE - 2 1IE T. 3 (1) PROHIBITED ('T, -,.—It shell be unlawful for 4 a person to - 5 (A) `-folate any pro`-ision of section 170102 6 applicable to such person; or 7 (13) discharge or in any other manner dis- 8 criminate against any essential Avorker because 9 such essential «-orker has filed any complaint or 10 instituted or caused to be instituted any pro - l1 ceeding under or related to this title, or has tes- 12 tified or is about to testiffi- in any such pro - 13 ceedirrg. 14 (2) ENFORCEMENT ND PE LTIE'S.- 15 (A) PREMIUM PAY VIOLATIO S. A -6ola- 16 tion described in paragraph (1) (A) shall be 17 deemed a `-iolation of section 7 of the Fair 18 Labor Standards Act of 1938 (29 U.S.C. 207) 19 and unpaid amounts required under this section 20 shall be treated as unpaid overtime cornpensa- 21 tion under such section 7 for the purposes of 22 sections 15 and 16 of such Act (29 U.S.C. 215 23 and 216). 24 (I>) DISCHARGE OR DI'SWRIMIN TION. A 25 `-iolation of paragraph (1)(13) shall be deemed a HR 6800 PCS Page 466 of 510 1594 1 `-iolation of section 15(a)(3) of the Fair Labor 2 Standards Act of 1938 (29 U.S.C. 215(a)(3))• 3 (c) INVES'TIG TIO .- 4 (1) IN (xr+NER AI..—To ensure compliance Avith 5 the pro`-rsions of section 170102, including any regu- 6 lation or order issued ander that section, the See - 1 retard- of Labor shall have the investigative authority- 8 pro`-ided ander section 11(a) of the Fair Labor 9 Standards Act of 1938 (29 U.S.C. 211(x)). For the 10 purposes of arra- investigation pro`-ided for irr this 11 subsection, the Secretary- of Labor shall have the 12 subpoena authority- pro`-ided for under section 9 of 13 such Act (29 U.S.C. 209). 14 (2) STATE AcxENCIE'S.—The Secretary- of Labor 15 may, for the purpose of carrying out the functions 16 and duties under this section, utilize the services of 17 State and local agencies in accordance «-ith section 18 11(b) of the Fair Labor Standards Act of 1938 (29 19 U.S.C. 211(b)). 20 (d) ESSi NTNAI� WORKER ENFORCEMENT. - 21 (1) RIGHT OF ACTIO 1 Yr action alleging a 22 `-iolation of paragraph (1) or (2) of subsection (b) 23 may be Maintained against air essential «-ork ern - 24 plover receiving a grant under section 170104 in arra- 25 Federal or State court of competent jurisdiction by HR 6800 PCS Page 467 of 510 1595 1 one or more essential «-orkers or their representative 2 for and oil behalf of the essential workers, or the es - 3 sential workers and others similarly situated, ill the 4 same manner, and sul)ject to the same remedies (ill - 5 eluding attorney -'s fees and costs of the action), as 6 all action brought by all ernplovee alleging a -6ola- 7 tion of section 7 or 15(a)(3), respectively, of the 8 Fair Labor Standards Act of 1938 (29 U.S.C. 2071 9 215(a)(3))• 10 (2) No WAIVER.—Iii all action Alleging a -6ola- 11 tion of paragraph (1) or (2) of subsection (b) 12 brought by one or more essential workers or their 13 representative for and on behalf of the persons as 14 described in paragraph (1), to enforce the rights ill 15 section 170102, no court of competent jurisdiction 16 may grant the motion of all essential «-ork ernplover 17 recei`-iilg a grant under section 170104 to compel 18 arbitration, under chapter 1 of title 9, United States 19 Code, or any analogous State arbitration statute, of 20 the claims involved. Ali essential Avorker's right to 21 bring all action described ill paragraph (1) or sub - 22 section (b) (2) (A) oil behalf of similarly situated es - 23 sential workers to enforce such rights may not be 24 sul)ject to any private agreement that purports to HR 6800 PCS Page 468 of 510 1596 1 require the essential «-orkers to pursue claims on an 2 indi`-idual basis. 3 (e) RECORI)KEEPING. 11rr essential «-ork ernplove'r 4 recei`-irrg a grant under section 170104 shall make, keep, 5 and preserve records pertaining to compliance «-ith section 6 170102 in accordance «-ith section 11(c) of the Fair Labor 7 Standards Act of 1938 (29 U.S.C. 211(c)) and in accord - 8 ance «-ith regulations prescribed by the Secretary of 9 Labor. 10 (f) OUTREACH M) Ent -c TIO .—Out of amounts 11 appropriated to the Secretary- of the Treasury- under sec - 12 tion 170107 for a fiscal year, the Secretary of the Treas- 13 urs- shall transfer to the Secretary- of Labor, $ x,000,000, 14 of which the Secretary of Labor shall use - 15 (1) $2,500,000 for outreach to essential «-ork 16 ernplovers and essential workers regarding the pre - 17 rniurn pad- under section 170102; and 18 (2) $500,000 to implement an advertising cam - 19 paign encouraging large essential «-ork ernplovers to 20 pro`-ide the same premium pad- provided for by sec - 21 tion 170102 using the large essential «-ork employ 22 Mrs' own funds and without utilizing grants under 23 this title. 24 (g) (ILARIFICATION OF ENFORCING Oi,ri,ICLU�.- 25 Nothing in the Government ErnplovMM Rights Act of 1991 HR 6800 PCS Page 469 of 510 1597 1 (42 U.S.C. 2000e -16a et seq.) or section 3(e)(2)(C) of the 2 Fair Labor Standards Act of 1938 (29 U.S.C. 3 20 3 (e) (2) ((v)) shall be construed to prevent the Secretary- 4 of Labor from carry-ing out the authority- of the Secretary- 5 under this section in the case of State ernplove'es described 6 in section 304(a) of the Government Ernplovee Rights Act 7 of 1991 (42 U.S.C. 2000e-16c(a)). 8 SEC. 170106. FUNDING FOR THE DEPARTMENT OF THE 9 TREASURY OFFICE OF INSPECTOR GENERAL. 10 There is appropriated, out of money in the Treasury- 11 not otherwise appropriated, to the Office of the Inspector 12 General of the Department of the Treasury-, $1,000,000 13 to carr- out audits, investigations, and other oversight ac - 14 ti`-ities authorized under the Inspector General Act of 15 1978 (5 U.S.C. App.) that are related to the pro`-isions 16 of, and amendments made by, this title, to remain a` -ail - 17 able until December 31, 2022. 18 SEC. 170107. AUTHORIZATION AND APPROPRIATIONS. 19 There is authorized to be appropriated, and there is 20 hereby appropriated, $180,000,000,000 to carry out this 21 title, to remain available until upended. HR 6800 PCS Page 470 of 510 11.A. New Business 10/5/2021 Requested Action by Commission: Consider a request from the Palm Beach County Human Rights Council regarding a resolution and placement of a plaque at the Pride Intersection. 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: Type Description MENrTy.: ME)irno froirn th E) IC:IIBC Il 11LAirnain Rights COLAII:Cill Page 471 of 510 PALM BEACH COUNTY HUMAN RIGHTS COUNCIL Rand Hoch P1 /f'l I1 trt(i Foun(h,f Please respond to: PBCHRC 400 North Flagler Drive, #1402 West Palm Beach, Florida 33401 (561) 358-0105 rand-hoch@,usa.net Meredith Ockrnan MEMORANDUM (via e-mail] To: 'Mayor Steven B. Grant Daniel S. Hall Vice-Niqvor Woodrow L. Hay t',,I m 131 ""(1 1 (-ornnU ssioner Justin Katz, Rae Franks (,onamissaoncr (Airistinq Rorriclus 5(�(wtto (:oinnuissionerTy Penserga [ ,,, [31 \' Carly Cass From: Judge Rand Hoch (retired), President and Founder //m, ( 1( "('() laniece N. Davis Re: Adopting 2 resolution to install a plaque at the L(;B'I'Q Pride Intersection to address _ 806.13 and 806.135, Florida Statutes �\§ Hutch Floyd (2021) lat-nie T. Foreman Date: September 8, 2021 v I y%,()["I I I [-,,1 1 Michael Mi(loette Fowler As you may know, intich to dismay, State Attorney Dave Aronberg G. Joseph Garcia refused to charge Alexander.Jerich with violating the recently enacted ''Combating Public Disorder \ct", 806.13, Florida Statutes (2021).("'tlic Act") for defacing Chauncey Graham the Delray Beach LGBTQ Pride Intersection Jasmin Lewis The Act provides, in pertinent part: RI\ III " F"I ",(I I Tamara Sager Criminal 1111'scliief-, penalties; penalo, for minor.— Any person who, without the consent of the owner thereof, willfbillN- and mahciouslv defaces, injures, or 1. F". Sasser P 'o ''I"I otherwise damage,,, by any means a memorial or historic as defined propeily, in s. 806.135(1), and the value of the damage to t ie memorial or historic VV.Trenl Steele property is greater than $200, commits a felons of the third degree, punishable is provided in s. 457 775.082, s. 775.083, or s. 775.084. A court Rhon& William,, shall order any person convicted of violating this subsection to pay 459 restitution, which shall include the full cost of repair or replacement of such R0. 13()x 267 memorial or historic property. WFs i P/\i ro B[,\( i i Florl(h 1 1,402 1 spoke to Dave and his staff at length following his decis,,)n and was advised that it would have been easier for him to utilize the Act had there been a plaque near 5 () I � _5 8 (), 02 the intersection establishing the site as a memorial in accordance with hr(141(1o1.( ol I? 806.135(1)O), of the Act, "Destroying or demolishing a memorial or historic Vvvvw./)h( hr('or" property" which Provides: The NIM B(Ych Cotinty ("Hiro),/) Rights ( oanci/ i,� dedicated to ending d;S(rh71;naf;on 1)ased on sexual orientation, gender i(lentity, al)(1 geoder e%pression. The Coun(it promotes equality through education, advocacy, direct action, impact litigation and coninninity outreach. A copy of Thf., offinal reqlsti4on and fit�ao(Ial nforioifioii oriaybo ohta�ned fron) the Dm,,inn of Consurnei Sprvire,• by (dHtnq toll free wohin the state RoqktratIon dote Prat irrrply or ',(o nenoat,on by ibc-,ime "BOIR(S N-9i,,trxjon 1411mb,q is (HH61186. 11) obt'wi regoiraijon nfoomation, you')lily mns�)Ii thf' vvONWor (,Ill 800 435-735) Page 472 of 510 Boynton Beach Mayor and Cin- Commissioners September 8, 2021 Page two — "Memorial" means a plaque, statue, marker, flag, banner, cenotaph, religious symbol, Painting, seal, tombstone, structure name, or display that is constructed and located vwith the intent of being permanently displayed or perpetually maintained; is dedicated to a historical person, an entity, an event, or a series of cc ants; and honors or recounts the inilitaii, service of any past or present United States Armed Forces military personnel, or the past or present public service of a resident of the geographical arca comprising the state or the United States. Therefore, PBCHRC is requesting the Croy adopt the attached draft resolution and install a plaque near the intersection. The xrery precisely worded draft resolution and plaque language meet all of the requirements of the statute — permanence, dedication to a series of events, a id recoun,-ing the public service of a resident. (A copy of the draft has been reviewed by the State _1tt.,rncy's Office.) Thank you for your consideration. attachment copies (w/attachment) via e-mail to PBCHRC Board of Directors City ;Manager Lori La` crrierc Cite attorney jim Chcrof Page 473 of 510 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING THE BOYNTON BEACH LGBTQ PRIDE INTERSECTION AS A PERMANENT MEMORIAL; DEDICATING THE BOYNTON BEACH LGBTQ PRIDE INTERSECTION TO A SERIES OF VOTES TAKLEN BY THE BOYNTON BEACH CITY COMMISSION PRG VIDING EQUAL RIGHTS, BENEFITS AND PROTECTIONS TO THE CITY'S LGBTQ RESIDENTS; RECOUNTING AND HONORING THE PUBLIC SERVICE OF ALLAN HENDRICKS; AUTHORIZING THE PLACEMENT OF A PLAQUE AT THE SITE OF THE BOYNTON BEACH MEMORIAL LGBTQ PRIDE INTERSECTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach ("Corr nission") voted to create a permanent streetscape based on the Progress Pride Flag at the intersection of East Ocean Avenue and Ist Street SE: and. WHEREAS, a. Dedication for the Boynton Beach LGBTQ Pride Intersection was held on .lune 5, 2021 at which the Mayor, City Commissioners, representatives of the Palin Bea ;h County Human Rights Council and Compass, and Allan Hendricks made remarks; and, WHEREAS, at the June 5, 2021 event, the Boynton Beach LGBTQ Pride Intersection was dedicated to a series of votes taken by the Commission since 2014 protecting LGBTQ residents from discrimination, prohibiting conversion therapy for minors, and providing gender neutral restrooms in municipal buildings; and, WHEREAS, remarks made at the Dedication recounted the public servic► of Allan Pendricks, who, in addition to being instrumental in the establishment of the Boynton Beach Lt.BTQ Pride Intersection, served as a board member of Community Caring Center of Greater Boynton Beach. the Chair of the Transportation Team for the Boynton Beach Community All lance, a member of the the Development Team forthe Historic Jones Cottage Relocation and Development, the Boynton Beach Community Redevelopment Advisory Board, the Boynton Beach Racial & Social Equity Task Force, the Boynton Beach Historic Preservation Ad Hoc Committee, and the Climate Action Task Force, as well as ► leader in Seacrest Cle,-n Up Days of Action, the Forest Park Neighborhood Group, and the efforts to save t. e historic Boynton Beach High School; and, WHEREAS, the City seeks to install a plaque commemorating the permanent Boynton Beach Memorial LGBTQ Pride Intersection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMIS'10N OF THE CITY OF BOYNTON BEACH, FLORIDA: Page 474 of 510 Section 1: The Commission authorizes a plaque to be installed by the Boynton Beach Memorial LGBTQ Pride Intersection to read as follows: BOYNTON BEACH MEMORIAL LGBTQ PRIDE INTERSE( TION Recounting and honoring the public service of Allan Hendricks, the Boynton Beach City Commission dedicates the permament Boynton Beach Memorial LGBTQ Pride Intersection to a series of votes taken since 2014 providing equal rights, benefits, and protections to the LGBTQ community. ,lune 5, 2021 Section 2: This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED on this day of ATTEST: Crystal Gibson, City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA , 2021. YES NO Mayor - Stephen B. Grant Vice Mayor - Woodrow L. Hay Commissioner - Justin Katz Commissioner - Christina Rornelus Commissioner - Ty Penserga -2- VOTE Page 475 of 510 12.A. Legal 10/5/2021 Requested Action by Commission: Authorize the City Manager to co-sign a US Army Corps of Engineers Application for Permit for Hampshire Gardens to construct a replacement seawall. Explanation of Request: Hampshire Gardens (HG) is located on the Intracoastal Waterway and boarders Jaycee Park's north property line (see Exhibit 1 - Location Map). HG's seawall is failing and seasonal king tides top the seawall to flood HG's parking lot. To protect the property and to prevent flooding, HG hired an engineer to design the replacement seawall (see Exhibit 2 - Proposed Seawall). The replacement seawall extends 75 feet into an unbuildable area within and along Jaycee Park's property line (see Exhibit 3 — Site Photos). Since a portion of the seawall is on City property, the City is required to co-sign the US Army Corps of Engineers permit application (Exhibit 4 — USCOE Application). On a future agenda, Staff will bring supplementary easement agreements before the Commission for consideration. How will this affect city programs or services? The seawall will prevent eroded materials from the HG site from being deposited within the park. The seawall will be built over a portion of the park that is unusable. The City will require that HG also apply for a building department permit. Fiscal Impact: None Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 476 of 510 Attachments: Type D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt Description Exhibit 1 1 ocaboin li ap Exhibit 2 FlrolPOSEd Exhibit 3 SRE) Photos Exhibit 4 USACE Appicatioin Page 477 of 510 dill ilii Page 478 of 510 UPLAND MULTI -FAMILY RESIDENCES APPROX. PROPERTY LI I I NE °�'' � 52'± �I I I I I I I NO SUBMERGED I ICW RIGHT OF WAY h I RESOURCES ON-SITE I � r r r I I I 400'± —� I I Z I A I`AQ lr 63± I t I I I I r ""` ••... I PROPOSED SEAWALL (749± L.F. TOTAL) I r I I_,.... _ APPROX. I PROPERTY LINE I I I I I NO SUBMERGED I II RESOURCES ON-SITE I ....,16'± -.,.. 23'± i r t_._..me...._..m _....,�... '� 72'± I MANGROVES SOUTH OF FENCE I (NOT SHOWN FOR CLARITY) � I APPROX. MHWL I I I I EXISTING DOCK TO REMAIN PLAN VIEW EXISTING SEAWALL (MHWL AT FACE) TO BE REPLACED WITHIN 18"± WATERWARD OF ITS EXISTING LOCATION EDGE OF ASPHALT — .............. — EXISTING LIGHT POLE (TYP.) EXISTING FENCE UPLAND PARK (JAYCEE PARK) 18"± 217'± PRELIMINARY NOTES: 1. EXISTING LOCATIONS ARE APPROXIMATE BASED ON SURVEY BY MILLER LAND SURVEYING, DATED 9110120, AND ON-SITE OBSERVATIONS. 2. RESOURCE INFORMATION BY ISIMINGER & STUBBS ENGINEERING, INC. FIELD WORK PERFORMED 617121. NO RESOURCES OBSERVED ON-SITE. SKETCH SUBMITTED FOR ENVIRONMENTAL PERMIT REVIEW. NOT INTENDED FOR CONSTRUCTION OR BUILDING PERMIT REVIEW. N 0 50 100 SCALE IN FEET 1"=100' PROPOSED SEAWALL (SCHEM.) TO BE REPLACED WITHIN 18"± WATERWARD NOTES: 1. DATUM IS MLW. MLW = -2.2'± FROM LABINS DATABASE. PROPOSED SEAWALL CAP (SCHEM.) PROPOSED SEAWALL (SCHEM.) PROPOSED BATTER PILE (SCHEM.) MHW = 2.5'± 0.3'± NAVD PROPOSED KING PILE (SCHEM.) 18"± NOTE: THE MEASUREMENT TO BE TAKEN FROM THE WET FACE OF THE EXISTING SEAWALL TO THE WET FACE OF THE NEW SEAWALL PANEL, AT THE MHWL. SECTION A -A 0 2.5 5 SCALE IN FEET 1 "=5' PRELIMINARY 2. EXISTING LOCATIONS ARE APPROXIMATE BASED ON SURVEY BY MILLER LAND SURVEYING, DATED 9/10/20, AND ON-SITE OBSERVATIONS. 3. SOUNDINGS BY ISIMINGER & STUBBS ENGINEERING, INC. FIELD WORK PERFORMED 6!7121. SOUNDINGS REDUCED TO MLW BASED ON PREDICTED TIDES ONLY. . ----- _,,.-.�.._.... -.......... �.-.,...................._ �.............�.. SKETCH SUBMITTED FOR ENVIRONMENTAL PERMIT REVIEW. NOT INTENDED FOR CONSTRUCTION OR BUILDING PERMIT REVIEW. APPROX. EXISTING GRADE (TYP.) SECTION VIEW V NGINEERING, INC. COASTAL • ENVIRONMENTAL • MARINE REGISTRATION NUMBER: 8114 P.O, BOX 14702 -NORTH PALM BEACH, FL 33408-561.881-0003 PROPOSED SEAWALL REPLACEMENT INTRACOASTAL WATERWAY 2500 SOUTH FEDERAL HIGHWAY CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FL APPLICANTS: HAMPSHIRE GARDENS, INC. & CITY OF BOYNTON BEACH DATE 1 8/21 DRAWN 1 MDB CHKD APPRVD DWG NO. 21125A3 SHEET COMPUTER FILE NO.n� � ocnN � nc ' m i Page 481 of 510 a71" , ��y" Page 482 of 510 I,l y I'i�1nu, 1 NI • f �1i� r �1 � Ulf • • � Page 482 of 510 U.S. Army Corps of Form Approved APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB No. . proponent33 CFR 325. The agency , r ! Expires:01-08-2018 + s y' '!Instructions,'4 g fsources,gathering ,/ a 1y":S„Y2•!completing ,d "•' of i « •"comments regarding the burden estimate or burden redw, X.{o theDepartment 1' Defense, WashinF;', 3;;f uarters "MJ' f'4"1f 9.�#)" }jai' ,711+1 H ,", ��, ,2•,,,'w•,a +",� i; c"yr«,�, y' •,•r, �" be subject to any penalty for failing to comply 6 4 collection of Information if It does not display'• OMB control PRIVACY ACT STATEMENT • '[ R� ,3�f •, it �" i, e` ,'si is and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that Is not completed In full will be returned, System of Record Notice (SORN). The information received Is entered Into our permit tracking database and a SORN has been completed (SORN #A1 145b) and may be accessed at the following webske: • ' :' #i t Z Y w; ,i R, R ♦, i 4 "�' 1 '� 2 t, (G 3, ^ •, • * f ,, f, � i," t 1 : � K .'�; 41 ;�, 2'fl � it "!2 +I Zo, r .•": �.: ('^ •'!; 4" ,.,/„ ,k, K ","�". Y" �,'; i�, ,�,".,. (ITEMS I THRU `' TO B'e FILLED BY" •," 1. AP LiN d noli gu���i�ION NO. i� �1 2. FIELD FFICE CODE ­�. �DATE DATE APPLICATION COMPLETE 5. APPLICANT'S NAME AGENrS NAME AND TinE (agent Is not IIIAIluiuliii required) Middle z Butler, Company - City of Boynton Beach Company - Isiminger & Stubbs �.. Engineering E-mail Address - E-mail Address -mbuticr@coastal-angineers.com ADDRESS:6. APPLICANT'S 9. AGENTS Address- P.O. Box 3 10 Address- 649 U.S. Highway 1, Suite 9 City - Boynton Beach State - FL Zip - 33425 Country -USA City - N Palm Beach State - FL Zip - 33408 Country -USA 7. APPLICANITS PHONE NO& WAREA CODE '10. AGENTS PHONE NO& WAREA CODE Ill a. Residence b. Business c. Fax a. Residence b. Business c. Fax T 03 561-881-8123 STATEMENT OF AUTHORIZATION 1 11 � ry authorize, IsIminger & Stubbs Eng., Inc. to act in my behalf as my agent In the processing of this application and to furnish, upon request, supplemental 3 " , p ifi permit application. SIGNATURE OF DATE instructions)NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTMTY 12. PROJECT NAME OR TITLE (see Hampshire Gardens Condo Seawall Replacement 13. NAME OF WATERBODY, IF KNOWN (if applicable) R JECT STREET ADDRESS (if applicable) Intracoastal dress''- K 15. LOCATION OF PROJECT Latitude: -N 26 30`21 Longitude: -W 80 03'2711 City-, Boynton ., State- FL Zip- 33435 16. OTHER LOCATION DESCRIPTIONS, (see instructions) "'M State Tax Parcel ID 08-43-45-34-00-000-7010 Municipality Boynton Beach Section F Township45S n E 17. DIRECTIONS TO THE SITE From I-95, exit Woolbright Road and head east. Turn right onto South Federal Highway, and the project site is ahead on the left. -..._ ___ .._..._ _. ..... 18. Nature of Activity (Description of project, include all features) The proposed project consists of the replacement of the existing, functional seawall within 18"± waterward of its existing location. It is anticipated that the seawall would be constructed with concrete panels, concrete icing piles, concrete batter piles, and a concrete cap. The seawall panels and piles would likely be installed by jetting. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) The project purpose is shoreline stabilization. USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge N/A 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards N/A N/A N/A 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres N/A or Linear Feet N/A 23. Description of Avoidance, Minimization, and Compensation (see instructions) N/A ENG FORM 4345, SEP 2017 Page 2 of 3 Page 484 of 510 24. Is Any Portion of the Work Already Complete? 0 Yes ®No IF YES, DESCRIBE THE COMPLETED WORK 25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here please attach a supplemental list). a. Address- 26 Colonial Club Drive City - Boynton Beach State - FL zip - 33435 b. Address- 12455 Tuscany Bay Boulevard City - Boynton Beach State - FL Zip - 33435 c. Address- city - State - Zip - d. Address- City - State - Zip - e. Address- City - State - Zip - 26. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL* IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER * Would include but Is not restricted to zoning, building, and flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF APPLICANT DATE _ SIGNATURE OF AGENT ... DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, SEP 2017 Page 3 of 3 Page 485 of 510 12. B. Legal 10/5/2021 Requested Action by Commission: Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: LATOSHA CLEMONS, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, Defendant — Palm Beach County Circuit Court Case Number: 50 2021CA004638XXXXMB AE Explanation of Request: 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. We will need approximately 45 minutes. The time and date of this private attorney-client session will be set at the October 5, 2021 City Commission meeting. How will this affect city programs or services? n/a Fiscal Impact: The cost of a Court Reporter which is budgeted. Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description ME)irrr.) ME)irnora indUlirn ir'Es,gL E)Stiir:q :::lla: SE: ,d door >E)SSlia:air': Page 486 of 510 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney DATE: September 24, 2021 RE: Request for Private Attorney -Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: LATOSHA CLEMONS, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, Defendant — Palm Beach County Circuit Court Case Number: 50 2021CA004638XXXXMB AE 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. We will need approximately 45 minutes. The time and date of this private attorney-client session will be set at the October 5, 2021 City Commission meeting. C:Trograin Files (X86)ANeevia.Coin\DocconverferproATemp\NVDC\E7930635-8074-40AD-8B46-35EE7ABA3A84\Boynton Beach.29514.1.Request For Ex Session- _(Latosha Clemons).Docx Page 487 of 510 13.A. Future Agenda Items 10/5/2021 Requested Action by Commission: Head Start Purchase and Sale Agreement - October 19, 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 488 of 510 13. B. Future Agenda Items 10/5/2021 Requested Action by Commission: Hazard Mitigation Grant Award for Potter and Dimmick Roads - October 19, 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 489 of 510 13.C. Future Agenda Items 10/5/2021 Requested Action by Commission: Mobility Plan & Technical Report - October 19, 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 490 of 510 13.D. Future Agenda Items 10/5/2021 Requested Action by Commission: Draft Ordinance for Disposition of City -owned Property. - November 2, 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 491 of 510 13. E. Future Agenda Items 10/5/2021 Requested Action by Commission: Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question in August 2022 - November 2, 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 492 of 510 13. F. Future Agenda Items 10/5/2021 Requested Action by Commission: Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - November 16, 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 493 of 510 13.G. Future Agenda Items 10/5/2021 Requested Action by Commission: National Flood Insurance Program Community Rating System Update - November 16, 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 494 of 510 Requested Action by Commission: Sign Code Amendments - November 16, 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: 13. H. Future Agenda Items 10/5/2021 Page 495 of 510 13.1. Future Agenda Items 10/5/2021 Requested Action by Commission: Representatives from FI U will present the Diversity & Equity Assessment of City Systems (Internal Assessment) -November 16, 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 496 of 510 13.J. Future Agenda Items 10/5/2021 Requested Action by Commission: City lobbyist Mat Forest to give a preview of the 2022 State Legislative Session 2022 and discuss the City's annual Legislative Agenda. - December 7, 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 497 of 510 13. K. Future Agenda Items 10/5/2021 Requested Action by Commission: Consultant Presentation of Housing Needs Assessment - December 7, 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 498 of 510 131. Future Agenda Items 10/5/2021 City of Boynton Beach '• Agenda Item Request Form Commission Meeting Date: 10/5/2021 Requested Action by Commission: Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD Explanation of Request: On July 19, 2021, the City received a letter of intent (see attached Exhibit "A") to purchase the vacant 3.62 acre parcel adjacent to Leisureville and west of SW 8th Street. Property Property Control Number Address or Legal Description PBC Property Appraiser Assessed Value Zoning 29-45-43, E 330.70 FT OF W LY 660.16 FT OF SLY 08-43-45-29-00-000-1040 672.12 FT OF NLY 1252.12 R1 AA -Single 1 FT (LESS N 499.34 FT OF $271,500 Family E 126.90 FT) OF TH PT OF NE 1/4LYGSOFSR 804 According to Chapter 2 Article IV. 2-56 of the City of Boynton Beach Code of Ordinance, the City Commission can sell property, which is determined to be in the best interest of the City: Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. Additionally, members of staff have researched other municipal disposition processes and have attached sample code language (see attached Exhibit "B") to discuss potential changes. How will this affect city programs or services? Disposition of the property may provide new housing in the City and reduce the number of vacant parcels currently being maintained by the City. Fiscal Impact: The sale of the property can potentially increase the City's tax base (new housing) and reduce the maintenance costs associated with vacant lots. The City spent approximately $10,000 last year for the maintenance of the parcel which includes: Lot mowing, trash removal, and tree trimming. Alternatives: Reject the letter of intent. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 499 of 510 Is this a grant? Grant Amount: Attachments: Type Ddhilblit 11 ocafion IMalp Alta clhirneint Ddhilblit Description 11 efteir (.)i 11 intent (IDdhilblit ""All") 11 ocafion IMalp Flirolpeirty IDeLilill Sairnple IlMUnliclilpallDisposlifion C.ode 11 aingUage (E)dhilblit "B') Page 500 of 510 LETTER OF INTENT TO PURCHASE REAL PROPERTY July 19, 2021 Alan Sperling Alan Sperling LLC. RE: Proposed purchase of CITY OF BOYNTON BEACH: PARCEL ID 08-43-45-29-00-000-1040 This letter constitutes an outline of a proposed transaction between CITY OF BOYNTON BEACH (Seller) and ALAN SPERLING LLC (Buyer), encompassing all land and improvements described below (The Property), the terms of which are intended to be embodied in a formal Agreement of Purchase and Sale (The Agreement) to be submitted by the Buyer. The terms proposed for the Agreement will include, but are not limited to, the following: LEGAL DESCRIPTIONS Proposed Purchase: CITY OF BOYNTON BEACH: PARCEL ID 08-43-45-29-00-000-1040 Purchase Price:The purchase price for the property shall be $300K INCLUDING PROPOSED PUBLIC ROAD CONNECTING ALL CITY DEAD END STREETS RUNNING PARRALEL TO OUR SITES FROM THE FUTHURST SOUTH POINT TO THE MOST NORTHERN CLOSEST TO BOYNTON BEACH BLVD Initial Deposit: Simultaneously with the execution of the Agreement, Buyer shall place with Anaheim Properties, Inc. (as Escrow Agent) an initial deposit at contract of $25K Title and Survey: Ten (10) days after the execution of the Agreement, Seller shall deliver to Buyer a current ALTA survey of the property and a title insurance commitment from a nationally recognized title insurance company in the amount of the Purchase Price. Inspection: Buyer shall have NINETY-120DAYS, (90-120) Days after the execution of the Agreement (the Inspection Period) to conduct, at Buyer's expense, whatever reasonable investigations, analyses and studies of the Property that Buyer deems appropriate. At any time and for any reason during the Inspection Period, Buyer may by giving of written notice to Seller and Escrow Agent, terminate the Agreement and receive the return of his Deposit without and Interest or Deductions. If Buyer elects to proceed with the transaction, Buyer shall Deposit an additional $25K with the Escrow Agent within (5) Business days after the expiration of the Inspection Period. Seller agrees to provide such information as may be required by the Buyer. Representation & Warranties: The Agreement shall contain representations and Warranties of Seller customarily provided by sellers in transactions of this nature. Date of Closing: Closing shall take place no later than THIRTY (30) days following completion of the Inspection Period by the Buyer. Closing shall take place in Palm Beach County. Page 501 of 510 Access: Buyer, by appointment only, shall have full access to the Property prior to Closing for the purpose of conducting all studies and surveys required by Buyer. To the extent of the deposit, Buyer will hold Seller harmless from and indemnify Seller against any liability or loss by virtue of such entry. Assignability: Buyer reserves the right to assign the Agreement to any entity owned or controlled by or affiliated with Buyer or its principals. Zoning: The Agreement shall be contingent on the Property being properly zoned for the buyers use. Other Provisions: The Agreement shall contain other provisions dealing with such matters as allocation of closing expenses, conditions of closing, delivery of possession, examination of title, prorations of rents and taxes, transfer of Leases, if necessary, warranties and representations of Seller with respect to the Property, and other matters typically found in transactions of this nature. Expenses shall be borne as follows: REQUIREMENT RESPONSIBILITY Survey Title Search Title Insurance Commitment and Policy Documentary Stamps and Surtax Inspection Costs Attorneys' Fees Hazardous Waste Studies Seller Seller Seller Seller Buyer Each pays Own Buyer as to Phase I Seiler as to Phase II, (if necessary) Binding Agreement: It is understood and agreed that this letter is merely a non-binding summary of the terms of a proposed transaction and, while we agree in principle to these terms and conditions and agree to proceed promptly and in good faith to work out a definitive agreement for the transaction, any legal obligations shall arise only as set forth in an executed Agreement signed by both parties. The Agreement shall be in form and substance satisfactory to both of us and will contain all usual and appropriate covenants and conditions. Validity: This proposal shall be valid until AUGUST 1ST, 2021. Per: ALAN SPERLING LLC ACCEPTED AND AGREED TO: By Print name: Title: _ Dated: MIMI Page 502 of 510 711912021 https://www.pbcgay.org/papa/AspsIPropertyDetaii/PrinterfriendlyPropertyPrint.aspx?parcel=08434529000001040 ;Property Detail.. 1n.........._ ................ .........._.. ......w._w._.........,......_....._....... _,_�, Location Address Municipality BOYNTON BEACH Parcel Control Number 08-43-45-29-00-000-1040 Subdivision Official Records Book 06652 Page 1315 Sale Date NOV-1990 Legal Description 29-45-43, L 330.70 FT OF WILY 660.16 FT OF SLY 672.12 FT OF NLY 1252.12 FT (LESS N 499.34 FT OF E 126.90 FT) OF TH PT OF NE 1/4 LYG 5 OF SR 804 Owner Information Owners BOYNTON BEACH CITY OF SalesInformation­.._._......................__.M....._..__..__.._._.._....._._.............................. Sales Date Price OR Book/Page NOV-1990 $100 06652 / 01315 ;Exemption Information Applicant/Owner Year 2021 Mailing address PO BOX 310 BOYNTON BEACH FL 33425 0310 Sale Type WARRANTY DEED Detail Appraisals Tax Year 2020 2019 improvement Value $0 $0 Land Value $271,500 5271 ,500 Total Market Value $271,500 S271,500 AR values are as of January 7 s each year Assessed and Taxable Values Tax Year 2020 2019 Assessed Value $271,500 $271,500 Exemption Amount 8271, 500 $271, 500 Tom. W= V=1i is to $0 Taxes Owner Page 503 of 510 if ,)II, l�lf� na 504 of 510 PAPA Banner l oic,atmm.mmm Addimss SlmualimwiiillCamlllm�y BOYNTON BEACH Emarcclll t oiiiimhm.mlll Ilmaiuiialer, 08-43-45-29-00-000-1040 Snmilnmlln iii^; iiimmmin OltourmalllE.n im.m.mmnh Em.mm.mlllm,: 06652 Emxgc1315 Sale Date NOV-1990 29-45-43, E 330.70 FT OF WLY 660.16 FT OF SLY 672.12 FT I vgAa Um icmilptilim.mmim OF NLY 1252.12 FT (LESS N 499.34 FT OF E 126.90 FT) OF TH PT OF NE 1/4 LYG S OF SR 804 - - - Malliiiming anlmlun,ss Ilmmivrs PO BOX 310 BOYNTON BEACH CITY OF - BOYNTON BEACH FL 33425 0310 Sallks Date I�riiillmv OR Pm.mm.mlllm�"llhxgn° Sallk I"%Iv Ilmmivr, NOV-1990 $100 06652 / 01315 WARRANTY DEED Lanmmmptmm.mmnWar Dee. iiil BOYNTON BEACH CITY OF 2021 FULL MUNICIPAL GOVERNMENT LL I"m.m�alll 0 I�dmmmmmlmmm m�ml Llmnm�.' 0 n' Il�nn� n um mm licsv �� 3.62 8900- RIAA- RIAA SINGLEFAMILY, 5.5 DU/AC Use m.mnla. MUNICIPAL Sim°immmnS (08-BOYNTON BEACH) I"aa Sn a m 2020 "ill l ml 201.14". lmmmpmm.mananemimt Valtic $0 $0 $0 l,amai;l Valmamc $271,500 $271,500 $271,500 I"m.w Aa Mar°lli:nm Valtic $271,500 $271,500 $271,500 All values are as of January 1 st each year I"aa Sn a m° 2020 201 ml 201 14 Assessed Valtic $271,500 $271,500 $271,500 Exc mmmlmtlm.mmim ARnomuummt. $271,500 $271,500 $271,500 I"aaallmin Valtic $0 $0 $0 I"aa Sn a m° 2020 201 ml 20114 Ad VaIllm.mmviii nim $0 $0 $0 dm.mmn Ad VaIllm.mmvminim $0 $0 $0 I"mmtalll taros $0 $0 $0 Page 505 of 510 Disposal of city real property. (a) Power to sell. The City Commission may authorize by Resolution the sale, transfer, and swap any real property, improved or unimproved, now owned or hereafter acquired by or owned by the city, as provided herein. These procedures supplement any other procedures that may now or in the future be applicable as provided by law or regulation. (b) Disposal of property which is sufficient in size and of such character as to comprise an independent building site and which will involve a conveyance of the city's fee simple interest. These parcels typically enjoy access to a public right-of-way, and are developable as building sites. (1) Resolution declaring surplus. Before any improved or unimproved property owned by the city shall be sold or otherwise disposed of pursuant to this subsection (b), the governing body shall adopt a resolution declaring same surplus. (2) Determination concerning surplus. a. The city governing body shall review and consider the following: 1. The legal description (by reference to a recorded plat or government survey); 2. The property address by street number, if there be any; 3. A description of all improvements located upon the land; 4. How said land has been used since same has belonged to the city; 5. The current use of the property; 6. How the property was acquired and financed; 7. The needs of the city; 8. Whether disposal is consistent with the city comprehensive plan; 9. The estimated property value; 10. Any relevant property history; 11. The property's title; and 12. Whether the disposal of the property is precluded by grant provisions of other agencies. (3) Public hearing. The city governing body shall hold one (1) public hearing prior to adopting a resolution declaring property as surplus. An advertisement for such public hearing shall appear once in a newspaper of general circulation at least ten (10) days prior to the hearing. The advertisement will contain the resolution title and the date, time and place of the hearing. The city clerk shall advertise the proposed resolution for public hearing by placing it on the city council agenda and posting such agenda at least three (3) business days prior to the city council meeting. (4) When appraisals are needed. a. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by two (2) independent appraisers, who are designated members of the Appraisal Institute, if the property is estimated to have a value that exceeds one million dollars ($1,000,000.00). b. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by one (1) independent appraiser, who is designated member of the Appraisal Institute, if the property is estimated to have a value between five hundred thousand dollars ($500,000.00) and one million dollars ($1,000,000.00). c. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) with an estimated value below five hundred thousand dollars ($500,000.00) shall not require an appraisal. 100460579.1306-90018211 Page 506 of 510 Notwithstanding subparagraphs a., b., and c. above, no appraisal shall be needed: Where the city acquired the property from Palm Beach County as a result of the tax sale process and is returning such asset to the former owner or its successors and assigns; 2. Where the city transfers the property to another governmental entity or agency; or 3. Where the city is exchanging such real property with the private sector for a replacement parcel determined by the city governing body to have similar utility and where the public interests would be served. (5) Methods of disposal. a. Methods. The city may dispose of property pursuant to this subsection (b) utilizing the following methods: negotiation, trade with other governmental entities or agencies, request for letters of intent, sealed bids, or request for proposals. The city may retain professional real estate services to aid in the disposal of property. 1. Negotiation. The city may negotiate the sale of real property with a particular person or entity, and no further advertising will be needed to effect a transfer. 2. Sealed bids, requests for letters of intent, and request for proposals. At any time no more than ninety (90) days after adoption of resolution declaring the property surplus, the land may be offered for public disposition, and a notice shall be published by the city in a newspaper of general circulation in the city once not less than ten (10) days before sealed bids, letters of intent, or proposals are due. The notice shall state, at a minimum, the date when sealed bids, letters of intent, or proposals shall be received and whether the sale is with or without reservation. Sealed bids, letters of intent, and proposals shall be received accompanied by cashier's checks or certified checks payable to the city in an amount equal to at least ten (10) percent of the disposition price. 3. Transfer to governmental agencies. The city may sell or transfer any of its property to any other governmental agency, if the city governing body determines that: i. A transfer of the property to the other governmental agency shall provide a benefit to the city; and ii. That the terms received by the city are fair and equitable. 4. Land swap with any private or public land owner provided the properties are appraised at substantially the same value. In determining substantial value the City may take into consideration the potential increase in value following the swap. (6) Proceeds from sale or transfer. Any proceeds derived from the sale of any land, as authorized in this subsection (b), shall be deposited in the general fund of the city, or such other fund or account of the city as is determined by the finance director. (7) Conveyance. In order to convey property pursuant to this subsection (b) the city governing body shall be required to adopt a resolution authorizing the conveyance. Notwithstanding anything possibly to the contrary, the city may reject any and all offers, bids, letters of intent, or proposals, or terminate negotiations at any time and choose not to dispose of property, and nothing shall obligate the city governing body to adopt any necessary resolution. 100460579.1306-90018211 Page 507 of 510 13. M. Future Agenda Items 10/5/2021 Requested Action by Commission: Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - 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 508 of 510 13. N. Future Agenda Items 10/5/2021 Requested Action by Commission: Discuss Building Safety Inspection Program- 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 509 of 510 13.0. Future Agenda Items 10/5/2021 Requested Action by Commission: Proposed Ordinance No. 21-025. First Reading. Approve D evelopment Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - 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 510 of 510