The URL can be used to link to this page

Agenda 11-16-21The City of Boynton Beach City Commission Agenda Tuesday, November 16, 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. www. boynton-beach.org Page 1 of 895 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 November 16, 2021 or calling (561) 742-6006 and leaving a message on the public comment hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item number(s) for your comments. Comments received by the deadline will be included in the meeting minutes for the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. Page 2 of 895 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 895 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call Invocation by Rev. Jack Copas, Boynton Beach Congregational United Church Pledge of Allegiance to the Flag led by Vice Mayor Hay 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. Announcement by Kacy Young, Recreation & Parks Director, regarding Oceanfront Bark scheduled for November 20, 2021, from 9am-12pm at Oceanfront Park beach. B. Announcement by Kacy Young, Recreation & Parks Department Director, regarding the Pearl Harbor Remembrance Day Ceremony scheduled on Tuesday, December 7, 2021, at Tom Kaiser, USN Boynton Beach Veterans Memorial Park starting at 11 am. C. Announcement by Eleanor Krusell, Director, Marketing & Events, regarding "Holidays in Boynton." D. Adam Temple, Development Director will introduce our new Community Standards Director, Candice Stone. E. Announce the Boynton Beach Police Department's 30x30 Pledge and watch a video of W PTV's news coverage of the Department's hiring initiative. F. Presentation of the City's Community Rating System (CRS) improvement from a CRS Class 6 to a CRS Class 5 effective April 1, 2022. G. Recognize the partnership between the City and Sea Turtle Adventures iCARE and Jaquelyn Kingston, Founder and Executive Director. H. Proclamation recognizing November 16, 2021 as World Day of Remembrance for Road Traffic Victims. Alyssa Frank, TPA Pedestrian & Bicycle Coordinator, will accept the proclamation. I. Proclamation recognizing December 1, 2021 as Impaired Driving Awareness Day. The proclamation will be accepted by Tracy Roloff, Executive Director of MADD, Carrie Gale, DUI Project Coordinator at PBC Victim Services, and DUI Officer Dennis Castro. J. Proclamation recognizing December 1, 2021 as World AIDS Day. Keturah Joseph, Faith Based CDC, 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 Page 4 of 895 A. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. B. Authorize members of the City Commission to travel to Tallahassee, FL to attend Palm Beach County Days on January 11-12, 2022. C. Ratify the selection of Affordable Housing Advisory Committee Chair Keturah Joseph and Vice - Chair Kevin Fischer. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Proposed Resolution No. R21-151 - Approve and authorize Mayor to sign the Community Development Block Grant Mitigation Program (CDBG-MIT) Subrecipient Agreement with the State of Florida Department of Economic Opportunity (DEO) for Boynton Beach Fire Rescue Station No. 2 - Hardening Grant in the amount of $571,611.00 for project planning, design, administration and construction. B. Proposed Resolution No. R21-152 - Authorize the Mayor to sign all documents associated with the acceptance and grant agreement for the Edward Byrne Memorial Justice Assistance Grant (JAG) for $40,482 subject to the approval of the City Attorney. C. Proposed Resolution No. R21-153 - Authorize the Mayor and Police Chief to sign all documents associated with the acceptance and grant agreement for the U.S. Department of Justice, Community Oriented Policing Services (COPS) Office 2021 Community Policing Development (CPD) De -Escalation Training grant subject to the approval of the City Attorney. D. Proposed Resolution No. R21-154 - Authorize the City Manager to sign an Application for Federal Assistance to the Federal Emergency Management Agency for the Fiscal Year 2021 Building Resilient Infrastructure and Communities program for a total project of $215,250.00 including a 25% City cost share of $53,812.50. E. Proposed Resolution No. R21-155 - Approve and ratify reopened and new Articles of SEIU Blue and White Collar Collective Bargaining Agreements. F. Proposed Resolution No. 21-156 - Approve and authorize the Mayor to sign a new Lease Agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. for property located at 909 NE 3rd Street. Proposed Resolution No. 21-157 - Approve and authorize the Mayor to sign a Purchase and Sale Agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. for vacant lots located at NE 9th Avenue and NE 3rd Street. G. Proposed Resolution No. R21-158 - Amend the FY2020-21 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for Department or Fund Operating and Capital Budget. 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 November 15, 2021 - "Request for Extensions and/or Piggybacks." Accept the written report to the Commission for purchases over $10,000 for the month of October 2021. Approve the purchase of a Trimax Snake Mower, from Global Turf Equipment Sales & Rentals in the estimated amount of $37,496.00 for the Links of Boynton Beach golf course as a sole source provider. K. Approve release of performance bond No.: 4424232 for the completion of clearing and grubbing in Page 5 of 895 association with Cortina I I I project in the amount of $140,493.54. Proposed Resolution No. R21-159 - Approve and authorize the City Manager to sign a land use agreement between the City of Boynton Beach and Ocean One Boynton, LLC for the 50th Annual Holiday Parade to be held December 4, 2021. M. Proposed Resolution No. R21-160 - Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 50th Annual Holiday Parade on Saturday, December 4, 2021. N. Proposed Resolution No. R21-161 - Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and SunTrust Bank for the 50th Annual Holiday Parade on Saturday, December4, 2021. O. Approve the Vehicles/Equipment submitted by Public Works/Fleet Maintenance for disposal using various means such as JJ Kane on-line auction and GovDeals.com. P. Approve the purchase of three (3) replacement vehicles that were approved in the FY21-22 budget for an estimated amount of $95,921.00 by utilizing the Florida Sheriffs Association, contract FSA20-VEL28.0. The Florida Sheriffs contract meets the City's procurement requirements. Q. Approve minutes from the November 2, 2021 City Commission meeting. 7. Consent Bids And Purchases Over $100.000 A. Approve an increase to the approved annual contract expenditure for Building Division "Supplemental Plan Review and Inspection Services" from $350,000 to $525,000. B. Approve Amendment No. 2 to Task Order UT -1C-05 with Carollo Engineers in the amount of $69,930.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C awarded by City Commission on August 22, 2018 for additional task associated with the Community Rating System 2022 yearly recertification. C. Proposed Resolution No. R21-162 - Approve utilizing the City of Hollywood, FL. Bid No. F- 4664 -21 -RL and Authorize the City Manager to sign an agreement with Juniper Landscaping of Florida, LLC. of Fort Myers, FL for Athletic Field Maintenance for an estimated annual cost of $335,770.81. The City of Hollywood's procurement process satisfies the City's competitive bid requirements. 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. A. Proposed Ordinance No. 21-027 - First Reading - CLM Apartments (ABAN 21-004) - Approve request for the abandonment of a 119 -foot long segment of the 57 -foot wide SE 21st Avenue right- of-way, extending from the FEC Railroad right-of-way to SE 3rd Street. Applicant: Lawrence Mastropieri, CLM Capital LLC. B. Proposed Ordinance No. 21-028 - First Reading - Approve request for Future Land Use Map amendment from Medium Density Residential (MEDR) to High Density Residential (HDR) for CLM Apartments, a property located at 2107 SE 3rd St. Applicant: Lawrence Mastropieri, CLM Capital LLC. Proposed Ordinance No. 21-029 - First Reading - Approve request for Rezoning from R-3, Multi -Family 11 du/ac to IPUD, Infill Planned Unit Development for CLM Apartments, a property located at 2107 SE 3rd St. Applicant: Lawrence Mastropieri, CLM Capital LLC. C. Approve Major Site Plan Modification for CLM Apartments to allow the addition of a four (4) unit Page 6 of 895 apartment building, associated parking and related site improvements, on a 0.86 -acre parcel, located at the northwest corner of SE 20th Court and SE 3rd Street, and east of the FEC Railroad, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Lawrence Mastropieri, CLM Capital LLC. D. Proposed Ordinance No. 21-026 - Second Reading - Amending the Land Development Regulations, Chapter 1, Article II. Definitions, and Chapter 4, Article X. Flood Prevention Requirements to maintain compliance with FEMA requirements and to ma)amize the City's National Flood Insurance Program's Community Rating System (CRS) class rating. 9. City Manager's Report A. Hear a Presentation by Dr. Susannah Bruns Ali, Ph.D., Associate Professor, Department of Public Policy and Administration, Florida International University. Proposed Resolution No. R21-163 - Accept the recommendations of the Diversity and Equity Internal Systems Benchmarking Report. B. Proposed Resolution No. R21-164 - Amend the ADA & Inclusion FY 2021-2022 budget, which will adjust budgeted appropriations, include a new position titled Director of Equity and Inclusion and rename the department to Office of Equity and Inclusion. 10. Unfinished Business - None 11. New Business A. Discussion regarding the end date for the hybrid model of meetings given the declining severity of COVI D. 12. Legal A. Proposed Ordinance 21-030 - First Reading - Approve Ordinance amending Chapter 2. "Administration", Article IV, entitled "Purchasing & Consultants", Section 2-56(c) is hereby deleted in it's entirety and replaced with a new Section 2-56(c) to amend the process to dispose of City -owned real property. 13. Future Agenda Items A. Sign Code Amendments - December 7, 2021 B. 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 C. Consultant Presentation of Housing Needs Assessment - December 7, 2021 D. School Board Member Erica Whitfield to present report on the state of education to the City Commission. - January 4, 2022 E. Discuss process and estimated costs for a Recreation & Parks Bond Referendum Question - January 18, 2022 F. FI U Presentation of Racial and Social Equity Community Needs Assessment Findings - January 18, 2022 G. City of Boynton Beach FY20/21 Strategic Plan Update and 5 -Year FY 2022-2027 Strategic Plan Framework - January 18, 2022 H. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - January 2022 I. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD Page 7 of 895 Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - TBD K. Discuss Building Safety Inspection Program - (Pending outcome of 2022 legislative session) Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD M. Mayor Grant has requested a discussion regarding naming the urban orchard at Sara Sims Park for Latosha Clemons - TBD 14. Adjournment Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record ofthe proceedings and, for such purpose, He/She may need to ensure that a verbatimrecord ofthe proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerws office, (561) 742- 6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the city to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication ofthe agenda on the city's web site. Information regarding items added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk. Page 8 of 895 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/16/2021 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Roll Call Invocation by Rev. Jack Copas, Boynton Beach Congregational United Church Pledge of Allegiance to the Flag led by Vice Mayor Hay 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 11/16/2021 Page 9 of 895 2.A. Other 11/16/2021 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: Page 10 of 895 3.A. Announcements, Community and Special Events and Presentations 11/16/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/16/2021 Requested Action by Commission: Announcement by Kacy Young, Recreation & Parks Director, regarding Oceanfront Bark scheduled for November 20, 2021, from 9am-12pm at Oceanfront Park beach. Explanation of Request: The Recreation & Parks Department welcomes well behaved dogs to "paw-ty" on the beach at Oceanfront Bark. The first of four events is scheduled at Oceanfront Park on Saturday, November 20, 2021, from 9 am - 12 noon and every third Saturday until February on December 18, January 15, and February 19. Dogs must be appropriately licensed, and will be allowed off leash in a designated fenced off area. How will this affect city programs or services? Support Services will be provided by Public Works and Parking will be free at Oceanfront Park from 9am- 12pm. Fiscal Impact: Parking will be free from 9 am - 12 pm. Alternatives: Not make the announcement. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Hosting a special event to encourage residents and non-residents to visit Oceanfront Park. Climate Action Application: No climate action application. Is this a grant? Grant Amount: Attachments: Page 11 of 895 3.B. Announcements, Community and Special Events and Presentations 11/16/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/16/2021 Requested Action by Commission: Announcement by Kacy Young, Recreation & Parks Department Director, regarding the Pearl Harbor Remembrance Day Ceremony scheduled on Tuesday, December 7, 2021, at Tom Kaiser, USN Boynton Beach Veterans Memorial Park starting at 11 am. Explanation of Request: The City of Boynton Beach and the Boynton Beach Veterans Task Force will host a Pearl Harbor Remembrance Day Ceremony at Tom Kaiser USN Boynton Beach Veterans Memorial Park on Tuesday, December 7, 2021, starting at 11:00 am. How will this affect city programs or services? Support Services for the Pearl Harbor Remembrance Day Ceremony will be provided by the Recreation & Parks Department, Public Works, and Marketing & Special Events. Fiscal Impact: Alternatives: Not make the announcement. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Hosting special events provides an opportunity for residents and non-residents to visit Tom Kaiser, USN Boynton Beach Veterans Memorial Park. Climate Action Application: No Climate Action Is this a grant? Grant Amount: Attachments: Page 12 of 895 3.C. Announcements, Community and Special Events and Presentations 11/16/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/16/2021 Requested Action by Commission: Announcement by Eleanor Krusell, Director, Marketing & Events, regarding "Holidays in Boynton." Explanation of Request: In addition to the lighting of the City's historic Kapok and Banyan Trees in Town Square, going back to tradition, a 30' Holiday Tree will be placed at Centennial Park. Gracing each side of the Holiday Tree will be a Menorah and a Kinara display. The Tree Lighting Ceremony will take place at the First Friday @ 5 Concert on Friday, December 3, which begins at 5:00 p.m. Local choirs and orchestras will perform. Food vendors will be available. There will also be a variety of children's activities. This family friendly event is free to the public and will end at 8:00 p.m. Ample parking, including ADA parking, will be available in the public parking lots behind the Arts & Cultural Center and the Schoolhouse Children's Museum. The following day, the Annual Holiday Parade will march down Federal Highway beginning at 4 pm. We are expecting 50 entries to mark our 50th year! There is no entry fee to participate. The entry deadline is November 19th The entry application is available online at boynton-beach.org/parade or can be requested by emailing events@bbfl.us or by calling 561-742- 6034. December's Friday Flick will be held on Friday, December 17th, beginning at 5 p.m. and and feature "The Grinch". Children's activities will be available. The public is encouraged to bring chairs and blankets. Details about these events, in addition to other Holiday community events, can be found online at www. Holidaysl nBoynton.com. How will this affect city programs or services? Support services for Light Up Town Square, First Friday @ 5 and the 50th Annual Holiday Parade will be provided by the following City Departments: Customer Service, Development, Finance, Fire Rescue, Human Resources & Risk Management, Police, Public Works, Recreation & Parks, and Utilities. Fiscal Impact: These four events are budgeted in the Events FY 21/22 annual budget. Alternatives: Do not allow announcement. Strategic Plan: Culturally Distinct Downtown, Building Wealth in the Community Page 13 of 895 Strategic Plan Application: These events will bring residents and vistors to Downtown Boynton. The City's resturants and businesses in the area will benefit. Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 14 of 895 3.D. Announcements, Community and Special Events and Presentations 11/16/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/16/2021 Requested Action by Commission: Adam Temple, Development Director will introduce our new Community Standards Director, Candice Stone. 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 15 of 895 3.E. Announcements, Community and Special Events and Presentations 11/16/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/16/2021 Requested Action by Commission: Announce the Boynton Beach Police Department's 30x30 Pledge and watch a video of W PTV's news coverage of the Department's hiring initiative. Explanation of Request: W PTV created a segment on Boynton Beach Police Department's 30x30 pledge to "increase the representation of women in police recruit classes to 30% by 2030, and to ensure police policies and cultural intentionality support the success of qualified women officers throughout their careers." According to the 30x30 Initiative's website, "research suggests that women officers use less force and less excessive force, are named in fewer complaints and lawsuits, are perceived by communities as being more honest and compassionate, see better outcomes for crime victims, especially in sexual assault cases, and make fewer discretionary arrests, especially of non-white residents." The 30x30 Initiative fits right in with the City of Boynton Beach's long term commitment to racial and social equity. Link to W PTV's news segment: hftps://www.youtube.corTVwatch?\r--em4fyfBZQOY 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 16 of 895 3. F. Announcements, Community and Special Events and Presentations 11/16/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/16/2021 Requested Action by Commission: Presentation of the City's Community Rating System (CRS) improvement from a CRS Class 6 to a CRS Class 5 effective April 1, 2022. Explanation of Request: During the Community Rating System (CRS) verification visit of January 27, 2021, the City went from 2096 to 3006 credit points in 15 CRS activities evaluated. The City earned a large amount of points through community outreach and risk communications efforts, floodplain management planning, drainage system maintenance, and open space preservation. The City's CRS Coordinator, Angela Prymas, will announce the Insurance Services Office (ISO) recommendation that the City improved from a CRS Class 6 to a CRS Class 5. The results of this verification will become effective April 1, 2022. How will this affect city programs or services? The CRS is a voluntary program under the Federal Emergency Management Agency (FEMA) allowing communities to earn flood insurance discounts of up to 45%. Under FEMA's National Flood Insurance Program (NFI P), cities and non -incorporated areas can earn points for conducting floodplain management activities that surpass the minimum NFI P requirements, ranging from preserving open space to disseminating information on flood insurance to proactive floodplain management planning. Through policy leadership and collaboration across departments the City will improve its CRS score from Class 6 to Class 5, which will increase the discount from 20% to property owners in the Special Flood Hazard Areas (SFHAs) and 10% outside SFHAs to up to 25% discount for NFIP policy holders. Since FEMAs new Risk Rating 2.0 does not use flood zones to determine flood risk, the 25% discount will be uniformly applied to all NFI P policies throughout Boynton Beach, regardless of whether the structure is inside or outside of the Special Flood Hazard Area. Now most properties will qualify for a greater discount. With the assistance of a committee composed of community stakeholders representing a cross-section of the Boynton Beach citizens and businesses, the City completed the Program for Public Information 2020 update recommending targeted audiences, messages and outreach projects. Also, the City's website flood page has been revised and is available online at: https://www.boynton-beach.org/flood Fiscal Impact: The Utilities Department provides funding for the CRS consultant and has led the CRS program for the City. Consultant funding is available in the Utilities Fund account: 401-2824-536.49-17 Alternatives: Strategic Plan: Strategic Plan Application: Page 17 of 895 Climate Action Application: This CRS program supports the implementation of climate adaption strategies recommended by the 2021 Multi -Jurisdictional Climate Change Vulnerability Assessment. The City's continual improvement in the CRS program, along with active participation in the Palm Beach County Local Mitigation Strategy (LMS), the 2019 Repetitive Loss Area Analyses, and the 2020 Flood Mitigation Plan, improve the City's competitiveness for state and federal grant programs to implement future flood mitigation and resilient infrastructure projects. Is this a grant? Grant Amount: Attachments: Type Dd:ta¢ hll-Tiei nt D AddeindUirn Description IS() Ilettar... CRS Class falRS Credit Callcula�tiorns Woirlkslrhee� t Page 18 of 895 ISO INSURANCE SERVICES OFFICE, INC. m CRAIG CARPENTER, CFM 672 HARTFORD DR. NW, PORT CHARLOTTE, FLORIDA 33952 PHONE (404) 825-3003 EMAIL: ccarpenter@verisk.com June 30, 2021 Angela A. Prymas Senior Engineer 124 East Woolbright Road Boynton Beach, Florida 33435 Dear Ms. Prymas: Enclosed are the preliminary results regarding credits for the City of Boynton Beach Verification to the Community Rating System (CRS). At the present time, I have verified 3006 credit points for Boynton Beach. This results in a recommendation that the community improve from a CRS Class 6 to a CRS Class 5. Attached are a draft verification report and a draft credit calculations worksheet AW -720 which contains an overall point summary. The information provided is subject to acceptance by DHS/FEMA. The results of this verification will become effective April 1, 2022. Thank you for your cooperation during this review. If you have any questions or when I can be of future assistance, please do not hesitate to contact me. Respectfully yours, Craig Carpenter, CFM ISO/CRS Specialist enc. cc: Conn Cole, State NFIP Coordinator Lori LaVerriere, City Manager Roy McClure, FEMA Regional IV Page 19 of 895 A" NFIP/CRS COMMUNITY RATING SYSTEM VERIFICATION REPORT City of Boynton Beach, FL Verified Class 5 NFIP Number: 120196 Cycle Date of Verification Visit: January 27, 2021 This Verification Report is provided to explain the recommendations of Insurance Services Office, Inc. (ISO) to DHS/FEMA concerning credits under the Community Rating System (CRS) for the above named community. A total of 3006 credit points are verified which results in a recommendation that the community improve from a CRS Class 6 to a CRS Class 5. While the community has met the Class 5 prerequisites, it has not met all Class 4 prerequisites. Please see Attachment A, Class 4 prerequisite information at the end of this report. The following is a summary of our findings with the total CRS credit points for each activity listed in parenthesis: Activity 310 — Elevation Certificates: Credit is provided for having written construction certificate management procedures for all new and substantially improved/substantially damaged buildings. (38 points) Activity 320 — Map Information Service: Credit is provided for furnishing inquirers with basic flood zone information from the community's latest Flood Insurance Rate Map (FIRM). Credit is also provided for the community offering special flood related hazards, historical flood information, and natural floodplain functions. The service is publicized annually and records are maintained. (90 points) Activity 330 — Outreach Projects: Credit is provided for informational outreach projects, general outreach projects, and targeted outreach projects. These projects are disseminated annually. Credit is enhanced by having a Program for Public Information (PPI) and by having the information disseminated by stakeholders outside the local government. (350 points) Activity 340 — Hazard Disclosure: Credit is provided for the local real estate agents disclosure of flood hazards to prospective buyers. Credit is also provided for state regulations requiring disclosure of flood hazards. Credit is enhanced by having a PPI. (20 points) Activity 350 — Flood Protection Information: Documents relating to floodplain management are available in the reference section of the Palm Beach County Library. Credit is also provided for floodplain information displayed on the community's website. Credit is enhanced by having a PPI. (89 points) Page 20 of 895 City of Boynton Beach, FL Page 2 NFIP #: 120196 Activity 360 — Flood Protection Assistance: Credit is provided for offering one-on- one advice regarding property protection and making site visits before providing advice. The service is publicized annually and records are maintained. Credit is enhanced by having a PPI. (85 points) Activity 370 — Flood Insurance Promotion: Credit is provided for assessing the community's current level of flood insurance coverage. Credit is provided for the development and implementation of a coverage improvement plan. A progress report must be submitted on an annual basis. Credit for implementing a coverage improvement plan is enhanced by having a PPI. (90 points) Activity 420 — Open Space Preservation: Credit is provided for preserving approximately 38 percent of the Special Flood Hazard Area (SFHA) as open space, protecting open space land with deed restrictions, and preserving open space land in a natural state. (608 points) Activity 430 — Higher Regulatory Standards: Credit is provided for enforcing regulations that require freeboard for new construction and substantial improvement, foundation protection, and local drainage protection. Credit is also provided for the enforcement of building codes, a Building Code Effectiveness Grading Schedule (BCEGS) Classification of 3/3, and regulations administration. (251 points) Activity 440 — Flood Data Maintenance: Credit is provided for maintaining and using additional map data in the day to day management of the floodplain. Credit is also provided for maintaining copies of all previous Flood Insurance Ratb'Map /FIRMS and Flood Insurance Study reports. (161 points) Activity 450 — Stormwater Management: The community enforces regulations for stormwater management, soil and erosion control, and water quality. (159 points) Section 502 — Repetitive Loss Category: Based on the updates made to the NFIP Report of Repetitive Losses as of October 2019, the City of Boynton Beach, FL has 12 repetitive loss properties and is a Category B community for CRS purposes. All requirements for a Category B community have been met. (No credit points are applicable to this section) Activity 510 — Floodplain Management Planning: Credit is provided for the Palm Beach Local Mitigation Strategy, adopted on November 5, 2019, and for conducting a repetitive loss area analyses. A progress report (for each plan) must be submitted on an annual basis. (433 points) City of Boynton Beach, FL Page 3 NFIP #: 120196 Page 21 of 895 Activity 540 — Drainage System Maintenance: Credit is provided for the regular inspection and maintenance of the community's natural drainage system, identified problem sites, and storage basins and records are maintained. Credit is provided for implementing an ongoing Capital Improvements Program. (280 points) Activity 610 — Flood Warninq and Response: Credit is provided for a program that provides timely identification of impending flood threats, disseminates warnings to appropriate floodplain residents, and coordinates flood response activities. A description of the flood exercise or After Action Report from an actual flood event must be submitted on an annual basis. Warning information and safety measures must be publicized annually. (352 points) Activity 710 — County Growth Adjustment: All credit in the 400 series is multiplied by the growth rate of the county to account for growth pressures. The growth rate for Palm Beach County, FL is 1.08. Attached is the Community Calculations Worksheet that lists the verified credit points for the Community Rating System. CEO Name / Address: Lori LaVerriere City Manager 100 East Ocean Avenue Boynton Beach, Florida 33435 Date Report Prepared: May 15, 2021 CRS Coordinator Name / Address: Angela A. Prymas Senior Engineer 124 East Woolbright Road Boynton Beach, Florida 33435 (561) 742-6421 Page 22 of 895 Community: City of Boynton Beach, FL NFIP Number: 120196 720 COMMUNITY CREDIT CALCULATIONS (Cvcle): CALCULATION SECTION: Verified Activity Calculations: c310 38 c320 90 c330 350 c340 20 c350 89 c360 85 c370 90 c410 x CGA c420 563 x CGA 1.08 c430 232 x CGA 1.08 c440 149 x CGA 1.08 c450 147 x CGA 1.08 c510 433 c520 c530 c540 280 c610 352 c620 c630 Community Classification Calculation: cT = total of above Community Classification (from Table 110-1): 251 161 159 433 280 352 cT = 3006 Class = 5 CEO Name/Address: CRS Coordinator Name/Address: Lori LaVerriere Angela A. Prymas City Manager Senior Engineer 100 East Ocean Avenue 124 East Woolbright Road Boynton Beach, Florida 33435 Boynton Beach, Florida 33435 (561) 742-6421 Date Report Prepared: May 15, 2021 AW -720 Page 23 of 895 3. G. Announcements, Community and Special Events and Presentations 11/16/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/16/2021 Requested Action by Commission: Recognize the partnership between the City and Sea Turtle Adventures iCARE and Jaquelyn Kingston, Founder and Executive Director. Explanation of Request: Between August 2020 and October 2021, the Sea Turtle Advenutes iCARE program, a nature -based program for adults (18+) with special needs, conducted 60 cleanups at parks within the City that are adjacent to water, including Harvey E Oyer Park, Intracoastal Park, Jaycee Park, and Oceanfront Park, picking up over two thousand of pounds of trash. 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 D Altachiment is oweirPoliiimt IC.: ireseintatlion Page 24 of 895 LO rn 00 4- O LO N O cQ LO rn 00 4- O N O cQ LO rn 00 4- O I- CN O cQ 3. H. Announcements, Community and Special Events and Presentations 11/16/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/16/2021 Requested Action by Commission: Proclamation recognizing November 16, 2021 as World Day of Remembrance for Road Traffic Victims. Alyssa Frank, TPA Pedestrian & Bicycle Coordinator, will accept the proclamation. Explanation of Request: In October 2005, the United Nations General Assembly formally recognized the day as a World Day of Remembrance as "the appropriate acknowledgement for victims of road traffic crashes and their families." Several world organizations recognize this day to remembering the many millions killed or injured in road crashes and their families and communities, as well as to pay tribute to the dedicated emergency crews, police and medical professionals who daily deal with the traumatic aftermath of road death and injury. The Palm Beach Transportation Planning Agency (TPA), Metropolitan Planning Organization Advisory Council (MPOAC), Federal Highway Administration (FHWA), Florida Department of Transportation (FDOT), and numerous other federal and state agencies support "Vision Zero," a multi -national strategy to eliminate all traffic -related fatalities and serious injuries. The Boynton Beach community experienced 68 deaths and 234 serious injuries over the past five years, forever impacting the lives and loved ones of those involved. Boynton Beach's citizens should have a safer roadway system and set a target of zero fatalities and severe injuries on our roadways. November 16th is being proclaimed as "Day of Remembrance for Road Traffic Mctims" and all residents are encouraged to do their part to create a safe roadway network and learn more about Vision Zero. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 28 of 895 Grant Amount: Attachments: Type D Piroclairnation Description F1 mala: rnat! oin l..)ay of 1FReirribirairnce for 11=Raaad Traffic Victirns Page 29 of 895 proclamation WHEREAS, in October 2005, the United Nations General Assembly formally recognized the day as a World Day of Remembrance as "the appropriate acknowledgement for victims of road traffic crashes and their families." WHEREAS, several world organizations recognize this day to remember the many millions killed or injured in road crashes and their families and communities, as well as to pay tribute to the dedicated emergency crews, police and medical professionals who daily deal with the traumatic aftermath of road death and injury. WHEREAS, the Palm Beach Transportation Planning Agency (TPA), Metropolitan Planning Organization Advisory Council (MPOAC), Federal Highway Administration (FHWA), Florida Department of Transportation (FDOT), and numerous other federal and state agencies support "Vision Zero," a multi -national strategy to eliminate all traffic -related fatalities and serious injuries; and WHEREAS, the Boynton Beach community experienced 68 deaths and 234 serious injuries over the past five years, forever impacting the lives and loved ones of those involved ; and WHEREAS, we believe Boynton Beach's citizens should have a safer roadway system and set a target of zero fatalities and severe injuries on our roadways. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the 16th of November, as: Day of Remembrance for Road Traffic Victims and encourage all residents of our community to do your part to create a safe roadway network and learn more about Vision Zero. IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 16th day of November, Two Thousand Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC, City Clerk 3.1. Announcements, Community and Special Events and Presentations 11/16/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/16/2021 Requested Action by Commission: Proclamation recognizing December 1, 2021 as Impaired Driving Awareness Day. The proclamation will be accepted by Tracy Roloff, Executive Director of MADD, Carrie Gale, DUI Project Coordinator at PBC Victim Services, and DUI Officer Dennis Castro. Explanation of Request: The City of Boynton Beach recognizes the importance of honoring those who have been killed or injured in drunk and drugged driving crashes, as a result of alcohol or substance impaired driving consequences, as well as anyone who has been emotionally devastated by these violent crimes. 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 D Proclamation C:: �iiroclairr7iatioc"n...lI ii"n paliired Il:)irlhAing Awareness Il::: ay Page 31 of 895 J)roelamafion WHEREAS, the City of Boynton Beach recognizes the importance of honoring those who have been killed or injured in drunk and drugged driving crashes, as a result of any alcohol or substance -impaired driving consequences, as well as anyone who has been emotionally devastated by these violent crimes; and WHEREAS, the National Highway Traffic Safety Administration reported every day, about 28 people in the United States die in alcohol -impaired vehicle crashes — that's one person every 52 minutes in 2019; while 800 people per day are injured to alcohol and substance -impaired driving: and WHEREAS, in 2020 Palm Beach County had 2,323 drivers arrested for driving under the influence of alcohol or narcotics, there were 949 total crashes, 88 serious injuries, and 28 fatalities all caused by impaired drivers; and WHEREAS, November through December, which is National Impaired Driving Awareness Month, are the deadliest months of the year for drunk driving crashes; and WHEREAS, Mothers Against Drunk Driving, Palm Beach County Victim Services & Certified Rape Crisis Center, and the Boynton Beach Police Department will host a candlelight vigil in the City of Boynton Beach on December I" to honor victims and survivors; and WHEREAS, all citizens are urged to join in the local efforts to raise awareness and to honor the lives of those killed or injured as a result of drunk driving, drugged driving, or underage drinking consequences: and NOW, THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the I" day of December, Two Thousand Twenty -One as: IMPAIRED DRIVING AWARENESS 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 16th day of November, Two Thousand Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk 3.J. Announcements, Community and Special Events and Presentations 11/16/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/16/2021 Requested Action by Commission: Proclamation recognizing December 1, 2021 as World AIDS Day. Keturah Joseph, Faith Based CDC, will accept the Proclamation. Explanation of Request: The global spread of HIV infection and Al DS necessitates a worldwide effort to increase communication, education and action to stop the spread of HIV. The Joint United Nations Program on HIV/AIDS (UNAIDS) observes December 1 of each year as "World Al DS Day", and leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero Al DS -related deaths. The World Al DS Day theme in the United States for 2021 is "Ending the HIV Epidemic: Equitable Access, Everyone's Voice". In Palm Beach County, more than 8,200 persons are living with HIV and the Palm Beach County HIV Community Prevention Partnership and the Palm Beach County HIV CARE Council, through its partners are working together to renew HIV/AI DS awareness and to expand and strengthen the local effort to stop the spread of HIV in Palm Beach County on World AIDS Day. Residents of the city of Boynton Beach are urged to take part in activities and observances designed to increase awareness and understanding of HIV/AI DS as a global challenge and urge residents to join the global effort to prevent further spread of HI V/AI DS. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: Do not recognize December 1, 2021 as World AIDS Day. Strategic Plan: Public Health and Safety Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Page 33 of 895 Ty pe �F: liroclairnaboin Description Proclamation Warld NI DS IDay Page 34 of 895 f)roelamafion WHEREAS, the COVID-19 pandemic has changed our world immeasurably and COVID-19 lockdowns and other restrictions disrupted HIV testing, and in many countries, led to steep drops in diagnoses and referrals to HIV treatment. World-wide, an estimated 37.7 million people are living with HIV, and an estimated 1.5 million new infections occurred in 2020, which is an estimated 4,100 new infections every day; and WHEREAS, world-wide, 160/6 of people infected don't know their status and only 73% of persons with HIV (PWH) are currently accessing life-saving antiretroviral therapy (ART). The global spread of HIV infection and AIDS necessitates a worldwide effort to increase communication, education and action to stop the spread of HIV; and WHEREAS, the Joint United Nations Program on HIV/AIDS (UNAIDS) observes December 1 of each year as "World AIDS Day", and leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths; and WHEREAS, the 95-95-95 ambitious global plan to help end the AIDS epidemic has set its targets for 2030, that 95% of all PWH will know their HIV status, 950/o of all people with diagnosed HIV will receive sustained ART, and 95% of all people receiving ART will have viral suppression; and WHEREAS, the World AIDS Day theme in the United States for 2021 is "Ending the HIV Epidemic: Equitable Access, Everyone's Voice' ; and WHEREAS, in Palm Beach County, more than 5,200 persons are living with HIV and the Palm Beach County HIV Community Prevention Partnership and the Palm Beach County HIV CARE Council, through its partners are working together to renew HIV/AIDS awareness and to expand and strengthen the local effort to stop the spread of HIV in Palm Beach County on World AIDS Day. NOW THEREFORE, 1, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim December 1, 2021, as: World AIDS Day and urge all residents of the city of Boynton Beach to take part in activities and observances designed to increase awareness and understanding of HIV/AIDS as a global challenge andurge residents to join the global effort to prevent further spread of HIV/AIDS. IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 16th day of November, Two Thousand Twenty -One. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC, City Clerk 5.A. Administrative 11/16/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/16/2021 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 Description D Altachiment ppfDIIII"ntITKlil"IIS. alndpplkcaII ((-, for NovfFII"nbeir 16, 2021 D Afta6himent t.: lint: in, Knn,1iri y D AttaQ:ai'nn"nen"nt t..�oII"bit, MIIn',hael Page 36 of 895 Appointments and Applicants for November 16, 2021 Art Advisory Board IV Penserga Reg 2 yr term to 3/23 Applicants: None Affordable Housing Advisory Committee I Katz Affordable home building 3 yr term III Romelus Represents employers within the City of 3 yr term Boynton Beach Applicant: Michael Corbit Represents employers within the City of Boynton Beach Kerry Clinton Affordable 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 Library Board Vice Mayor Hay Alt 1 yr term to 3/22 1 Katz Alt 1 yr tern to 3/22 Applicants: None C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\6837E1E8-9082-42A8-A5E0-523230DDF7F8\Boynton Beach.30292.1.Appointments_for_11-16- 21.docx Page 37 of 895 Appointments and Applicants for November 16, 2021 Recreation and Parks 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 to 3/23 Applicants: None C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\6837E1E8-9082-42A8-A5E0-523230DDF7F8\Boynton Beach.30292.1.Appointments_for_11-16- 21.docx Page 38 of 895 Stanzione, Tammy From: kc1016 <noreply@123formbuilder.com> Sent: Wednesday, November 10, 2021 4:24 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 11/10/2021 Name kerry Clinton Phone number Address 438 SW 8TH AVE BOYNTON BEACH FLORIDA 33435 United States Email kc1016@universalproperty.com Current occupation or, if retired, prior occupation Corporate Recruiter Education AS from palm beach state Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business Yes within City limits? If "yes", name of business: Elite property and auto care Are you currently serving on a No City board? Have you served on a City Yes board in the past? If "yes", which board(s) and Yes Library Board 2016-2017 had to step down due to temporary illness when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board Affordable Housing Advisory Committee If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I Page 39 of 895 Professional Memberships 2-20 Licensed Home insurance agents since 2006, Habitat Family Selection committee currently Certified Cleo Network Speaker Active notary Professional member for Boynton Beach professional Lead group Member of Team Rubicon Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 108.255.54.153 (United States) at 2021-11-10 16:24:05 on Chrome 95.0.4638.69 Entry ID: 495 Referrer: https://www.boynton-beach.org/ Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment-application Page 40 of 895 Stanzione, Tamm To: Gibson, Crystal Subject: RE: Advisory Board Appointment application From: Ramirez, RJ Sent: Monday, November 8, 20213:23 PM To: Gibson, Crystal <GbsonCDbbfl.us> Cc: Stanzione, Tammy <StanzioneTwbbfl ITus> Subject: RE: Advisory Board Appointment application Crystal, I talked to Mr. Corbit. He is applying for the Vacancy of "Citizen who represents employers within the jurisdiction." Now the only vacancy left is for: "Citizen who represents those areas of labor actively engaged in home building in connection with affordable housing." Would you please let me know if you have any questions? Thank you. 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: Gibson, Crystal Sent: Monday, November 8, 20213:12 PM To: Ramirez, RJ <rammirezr ,bmbfl.,gs> Cc: Stanzione, Tammy <StanzioneT��'kbbflm us> Subject: FW: Advisory Board Appointment application Hi, RJ, This application was received in the City Clerk's Inbox. Will you please review and correspond with him to determine which vacancy he would like to be considered for and/or qualifies for? Thank you, Crystal Page 41 of 895 From: mcorbit<muIL�,Ww„-faq.p�nmllIII_urwiimn> Sent: Monday, November 8, 20213:02 PM To: City Clerk <Gty lDjrt w > Subject: Advisory Board Appointment application Today's date 11/08/2021 Name Michael Corbit Phone number 561-340-1060 Address 3400 Belvedere Rd. WPB FL 33406 United States Email 2iim��,m�sy,tjiimm"m .......:..........i1b'ii r y :�°u�,ui ...... Current occupation or, if retired, prior Vice President occupation Education Bachelors plus Executive Development Certification 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 CareerSource PBC business: Are you currently serving on a City No board? Have you served on a City board in the past? No 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 If appointed by the City Commission to serve as Board Chair orYesVice Chair are you willing to serve in this capacity? 2 Page 42 of 895 Personal QualificationsA large portion of my job is economic development and working with local businesses. We host numerous hiring events and job fairs that promote employment in Boynton Beach and the community. I believe Boynton Beach is a growing town that has tremendous potential. Affordable housing is a key issue to helping the city reach the next level. Thank you for considering me to serve on this committee. Professional Memberships Feel free to attach/upload an extraDl-tt /�. m uuioiu!.., � mmuy�anl4 uummlllrj ur.rmmum� ��u. imVm w w_wII ��LuL'�� " " e'i 3dc11831:3c23M'12 'ff 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 151.132.1.81 (United States) at 2021-11-08 15:01:45 on Chrome 95.0.4638.69 Entry ID: 494 Referrer Ilu_.1 a+ IIp u;,,iiw ll.,wmaVmy ui,, Form Host V' h,;Ipl ..�� . �rou u m ,", "u�rou up Il u�,Viill Va u,o uiinf �� _3 w.n._advisor :::)nand a ntime n gp„rpJli�°��", Page 43 of 895 Michael Corbit is Vice President of Business Development for CareerSource Palm Beach County, our regional workforce board. Through CareerSource Michael collaborates with regional businesses, government, education & industry leaders to spur job growth and economic development. He represents CareerSource on a variety of boards and committees across South Florida including Palm Beach County League of Cities, City of West Palm Beach Mayor's Village Initiative, Treasure Coast Regional Planning Council's Comprehensive Economic Development Strategies, Miami Dade College Science and Biotechnology Advisory Board, Florida Makes, City of West Palm Beach Center for Arts & Technology, Business Development Board of PBC Business & Financial Services Committee, Tech Hub South Florida, Marine Industry Association of Palm Beach County, South Florida Manufacturers Association, South Florida Business Council and numerous Hospitality & Tourism Task Forces. Page 44 of 895 5.B. Administrative 11/16/2021 Requested Action by Commission: Authorize members of the City Commission to travel to Tallahassee, FL to attend Palm Beach County Days on January 11-12, 2022. Explanation of Request: The annual Palm Beach County Days will be held in Tallahassee, FL, January 11-12, 2022. The County has posted a "Save the Date" notice on the County website. Registration is estimated at $150 per person, hotel costs estimated at about $220 per night, airfare estimated at about $500 per traveler, and additional expenses of about $140 for a total of approximately $1,450 per Commissioner. In accordance with Resolution R21-094, establishing the travel policy for the City Commission, the City Commission by a majority of its members shall approve travel for each member of the City Commission (Resolution attached). Staff will coordinate and secure travel arrangements. How will this affect city programs or services? There is a CRA Board Meeting on Tuesday, January 11, 2022 that may need to be canceled or rescheduled. Fiscal Impact: The estimated cost per attendee is $1,450 and is budgeted in the Commission's travel expenses for Fiscal Year 2022. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 45 of 895 Ty pe F�(,,"Solubolln Description FResolk.Alon Iles, 1IR21 094 r(agairding bravc,,d Ipollicy Page 46 of 895 I RESOLUTION NO. R21-094 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA RESCINDING RESOLUTION R07-150 5 REFERRING TO THE CITY'S TRAVEL POLICY AND 6 RATES, AND AN EFFECTIVE DATE. 7 8 WHEREAS, in December ot'2019 the City updated the Administrative Policy Manual 9 via section 09.06.01 amending rates for the travel policy to reflect the IRS guidelines for 10 mileage reimbursement, meal and subsistence allowance, and II WHEREAS, since the IRS annually updates these rates as the costs of food or fuel 12 commodities change, for ease of use, the City staff is recommending rescinding Resolution 13 R07-150; and 14 WHEREAS, the City Commission has determined that it is in the best interest of the 15 City to rescind Resolution R07-150 referring to the City's travel policy and rates and authorizes 16 them to be to amended by an administrative process as they are updated by the IRS. 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 19 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 20 as being true and correct, and are hereby incorporated herein and rnade a part hereof. 21 Section 2. The City Commission hereby rescinds Resolution R07-150 referring to 22 the City's travel policy and rates and authorizes there to be amended by an administrative 2.3 process as they are updated by the IRS, 24 Section 3. This Resolution shall become effective oil passage, 25 I SA('A\1dFS0\Rescmdmg R07-1501'ravel Policy And Rates - Resk) Docx Page 47 of 895 26 PASSED AND ADOPTED this rd (lay of'ALIgust, 2021 27 CITY OFBOYNTON BEACH, FLORIDA. 28 29 YL'S NO 30 31 Mayor Steven B. Grant ............... 32 33 Vice Mayor— Woodrow L. flay 34 35 Commissioner Justin Katz VII, . . ..... . ..... 36 37 Commissioner Christina L Rornelus . .. ............. 38 39 Commissioner Ty Penserga 40 41 VOTE, 42 ATTf 'ST: 43 44 45 46 .. ..... ..... ... .... ..... ..... ..... . . ....... 47 'I"amm'yStarr one 48 Deputy City, Clerk 49 50 51 52 (Corporate Seal) 2 SACA\RESOTescjndmg R07-150 havel I'Acy And Rales - Reso Doex Page 48 of 895 5.C. Administrative 11/16/2021 Requested Action by Commission: Ratify the selection of Affordable Housing Advisory Committee Chair Keturah Joseph and Vice -Chair Kevin Fischer. Explanation of Request: At the November 10, 2021 meeting of the Affordable Housing Advisory Committee appointed Keturah Joseph, as committee Chair and Kevin Fischer, Committee Vice -Chair. Per the City's Ordinance No. 21-016, the City Commission must ratify the selection of the Board Chair and Vice -Chair. How will this affect city programs or services? It will allow for the continuation of State Housing Initiative Partnership (SHIP) program funding. Fiscal Impact: The City will continue to receive State Housing Initiative Partnership (SHIP) Program funding. Alternatives: None Recommended Strategic Plan: Building Wealth in the Community Strategic Plan Application: State Housing Initiatives Partnership Program-- The State Housing Initiatives Partnership Program is created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing, and to increase housing -related employment. Climate Action Application: N/A Is this a grant? Yes Grant Amount: 518,869 Attachments: Page 49 of 895 Consent Agenda 11/16/2021 Requested Action by Commission: Proposed Resolution No. R21-151 - Approve and authorize Mayor to sign the Community Development Block Grant Mitigation Program (CDBG-MIT) Subrecipient Agreement with the State of Florida Department of Economic Opportunity (DEO) for Boynton Beach Fire Rescue Station No. 2 - Hardening Grant in the amount of $571,611.00 for project planning, design, administration and construction. Explanation of Request: On June 29, 2021, the Public Works Department Engineering Division submitted a grant application to the Department of Economic Opportunity (DEO) for the Community Development Block Grant Mitigation Program (CDBG-MIT) — Rebuild Florida Critical facility Hardening Program for Fire Station No. 2 - hardening. The purpose of this project is to ensure that first responders are capable of responding to emergencies anywhere in the City after a hurricane. The project consists of the following tasks: Replace the eight (8) existing roll -up doors with hurricane rated, four -fold doors. Replace strapping of the current HVAC equipment to the concrete slab. All strapping should conform to the wind load requirements of ASCE07-10 for a 170 mph wind speed, building risk category IV, exposure C. Clean the generator housing of all rust and coat with a rust -inhibiting spray. Replace light poles with code compliant poles and foundations. The existing parking lot lighting is not designed to meet the wind load requirements for a fire station per ASCE07-10 for a 170 -mph wind speed, building risk category IV, exposure C. The DEO has awarded the City a reimbursable grant in the amount of $571,611. including $42,342 for planning and design and $529,269 for construction. The City will be responsible for $26,464 administration cost of leverage funds. For a total grant amount of $589,075. How will this affect city programs or services? Not completing the project will delay the necessary repairs to the station to be able to provide higher levels of efficiency and emergency management services. Fiscal Impact: Funds for the construction of this project are budgeted in the City's Cl R Alternatives: Decline the grant in the amount of $571,611 for the Hardening of Fire Station No.2. Strategic Plan: Strategic Plan Application: Page 50 of 895 Climate Action Application: Is this a grant? Yes Grant Amount: $571,611 Attachments: Type Description D I:Resdkj�horn 1::Resok.aO.Join a0hoiriziing GiraintAgireeirnent D Agreement SL.Jbirecipieriit Agireeirnerfl. Page 51 of 895 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE COMMUNITY DEVELOPMENT BLOCK GRANT MITIGATION PROGRAM (CDBG-MIT) SUBRECIPIENT AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO) FOR BOYNTON BEACH FIRE RESCUE STATION NO. 2 - HARDENING GRANT IN THE AMOUNT OF $571,611.00 FOR PROJECT PLANNING, DESIGN, ADMINISTRATION AND CONSTRUCTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, On June 29, 2021, the Public Works Department Engineering Division submitted a grant application to the Department of Economic Opportunity (DEO) for the Community Development Block Grant Mitigation Program (CDBG-MIT) — Rebuild Florida Critical facility Hardening Program for Fire Station No.2- hardening. WHEREAS, the purpose of this project is to ensure that first responders are capable of responding to an emergency, anywhere in the City, after a hurricane; and WHEREAS, the DEO has awarded the City reimbursable grant in the amount of $571,611 which will cover $42,342 for planning and design, and $529,269 in construction cost and the City will be responsible for $26,464 administration cost of leverage funds, for a total grant amount of $589,075. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 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 hereof. S:ACA\RESO\Agreements\Grants\CDBG - SubRecipient Fire Rescue Hardening Grant - Reso.docx Page 52 of 895 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 29 authorize the Mayor to sign the Community Development Block Grant Mitigation Program 30 (CDBG-MIT) Subrecipient Agreement with the State of Florida Department of Economic 31 Opportunity (DEO) for Boynton Beach Fire Rescue Station No. 2 - Hardening Grant in the 32 amount of $571,611.00 for project planning, design, administration and construction. 33 Section 3. This Resolution will become effective immediately upon passage. 34 PASSED AND ADOPTED this 16th day of November, 2021. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga VOTE S:ACA\RESO\Agreements\Grants\CDBG - SubRecipient Fire Rescue Hardening Grant - Reso.docx 2 YES NO Page 53 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant Mitigation Program (CDBG-MIT) Subrecipient Agreement THIS SUBRECIPIENT AGREEMENT is entered into by the State of Florida, Department of Economic Opportunity, (hereinafter referred to as "DEO") and the City of Boynton Beach, Florida, hereinafter referred to as the "Subrecipient" (each individually a "Party" and collectively "the Parties"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: WHEREAS, pursuant to Public Law (P.L.) P.L. 115-123 Bipartisan Budget Act of 2018 and Additional Supplemental Appropriations for Disaster Relief Act 2018 (approved February 9, 2018), and P.L. 116-20 Supplemental Appropriations for Disaster Relief Requirements Act, 2019 (approved June 6, 2019), Division B, Subdivision 1 of the Bipartisan Budget Act of 2018, P.L. 115-56, the "Continuing Appropriations Act, 2018" ; and the requirements of the Federal Register (FR) notices entitled "Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Mitigation Grantees", 84 FR 45838 (August 30, 2019) and "Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees" (CDBG Mitigation) 86 FR 561 Qanuary 6, 2021);(hereinafter collectively referred to as the "Federal Register Guidance"), the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD") has awarded Community Development Block Grant—Mitigation (CDBG-MIT) fiends to DEO for mitigation activities authorized under Title I of the Housing and Community Development Act of 1974 (HCDA) (42 United States Code (U.S.C.) � 5301 et seq.) and applicable implementing regulations at 24 C.F.R. part 570 and consistent with the Appropriations Act. WHEREAS, CDBG-MIT funds made available for use by the Subrecipient under this Agreement constitute a subaward of the DEO Federal award, the use of which must be in accordance with requirements imposed by Federal statutes, regulations and the terms and conditions of DEO's Federal award. WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this Agreement, the Subrecipient represents and warrants to DEO that it will comply with all the requirements of the subaward described herein. WHEREAS, all CDBG-MIT activities carried out by the Subrecipient will: (1) meet the definition of mitigation activities. For the purpose of this funding, mitigation activities are defined as those activities that increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering and hardship, by lessening the impact of future disasters; (2) address the current and future risks as identified in DSO's Mitigation Needs Assessment of most impacted and distressed area(s); (3) be CDBG-eligible activities under the HCDA or otherwise eligible pursuant to a waiver or alternative requirement; and (4) meet a national objective, including additional criteria for mitigation activities and a Covered Project. Page 1 of 60 Page 54 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 NOW THEREFORE, DEO and the Subrecipient agree to the following: (1) SCOPE OF WORK The Scope of Work for this Agreement includes Attachment A, Project Description and Deliverables. With respect to Attachment B, Project Budget, and Attachment C, Activity Work Plan, the Subrecipient shall submit to DEO such Attachments in conformity with the current examples attached hereto as necessary and appropriate. Provided further, if there is a disagreement between the Parties, with respect to the formatting and contents of such attachments, then DEO's decisions with respect to same shall prevail, at DEO's sole and absolute discretion. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Subrecipient has diligently reviewed this Agreement and is a sophisticated organization having experience managing projects with funds made available through federal grants. Subrecipient is familiar with DEO's grant agreement with HUD, has reviewed applicable CDBG-MIT regulations and guidelines, mill conduct, and will ensure its activities are in compliance with DEO's grant agreement with HUD and all applicable CDBG-MIT regulations and guidelines. Subrecipient agrees to abide by all applicable State and Federal laws, rules and regulations, as now in effect and as maybe amended from time to time, including but not limited to, the Federal laws and regulations set forth in 24 CFR Part 570, applicable Federal Register Notices, the State's Action Plan, and all applicable CDBG-MIT regulations and guidelines. Subrecipient shall ensure that all its activities under this Contract shall be conducted in conformance with these provisions, as applicable: 45 CFR Part 75, 29 CFR Part 95, 2 CFR Part 200, 20 CFR Part 601, 24 CFR Part 570 subpart I, etseq., and all other applicable federal laws, regulations, and policies governing the funds provided under this Agreement as now in effect and as may be amended from time to time. (3) PERIOD OF AGREEMENT This Agreement is effective as of the date DEO executes this Agreement (the "Effective Date' and ends forty-eight (48) months after execution by DEO, unless otherwise terminated as set forth herein. (4) RENEWAL AND EXTENSION This Agreement shall not be renewed. DEC) shall not grant any extension of this Agreement unless the Subrecipient provides justification satisfactory to DEO in its sole discretion and DEO's Director of the Division of Community Development approves such extension in writing (5) MODIFICATION OF AGREEMENT Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any modification request by the Subrecipient constitutes a request to negotiate the terms of this Agreement. DEO may accept or reject any proposed modification based on DEO's sole determination and absolute discretion, that any such acceptance or rejection is in the State's best interest. (6) RECORDS (a) The Subrecipient's performance under this Agreement shall be subject to 2 CFR part 200 — Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards as now in effect and as may be amended from time to time. (b) Representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, and representatives of the Federal government and their duly authorized representatives shall have access to any of the Subrecipient's books, documents, papers and records, including electronic storage media, as Page 2 of 60 Page 55 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. (c) The Subrecipient shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this Agreement. (d) The Subrecipient will provide to DEC) all necessary and appropriate financial and compliance audits in accordance with Paragraph (7), Audit Requirements and Attachments I and J herein and ensure that all related party transactions are disclosed to the auditor. (e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and the compliance of all subrecipients, contractors, subcontractors and consultants paid from funds under this Agreement for a period of six (6) years from the date DEO issues the final closeout for this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.493 and 24 CFR 570.502(a)(7)(ii). The Subrecipient shall further ensure that audit working papers are available upon request for a period of six (6) years from the date DEO issues the final closeout of this Agreement, unless extended in writing by DEO. The six-year period may be extended for the following reasons: 1. Litigation, claim or audit initiated before the six-year period expires or extends beyond the six-year period, in which case the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for six (6) years after final disposition. 3. Records relating to real property acquired shall be retained for six (6) years after the closing on the transfer of title. (fl The Subrecipient shall maintain all records and supporting documentation for the Subrecipient and for all contractors, subcontractors and consultants paid from funds provided under this Agreement, including documentation of all program costs in a form sufficient to determine compliance with the requirements and objectives of the scope of work and all other applicable laws and regulations. (g) The Subrecipient shall either (i) maintain all funds provided under this Agreement in a separate bank account or (ii) ensure that the Subrecipient's accounting system shall have sufficient internal controls to separately track the expenditure of all funds from this Agreement. Provided further, that the only option available for advanced funds is to maintain such advanced funds in a separate bank account. There shall be no commingling of funds provided under this Agreement with any other funds, projects or programs. DEO may, in its sole discretion, disallow costs made with commingled funds and require reimbursement for such costs as described herein, Subparagraph (22)(e), Repayments. (h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or representatives of the Federal government or their duly authorized representatives. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (7) AUDIT REQUIREMENTS (a) The Subrecipient shall conduct a single or program -specific audit in accordance with the provisions of 2 CFR part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in Federal awards from all sources during its fiscal year. (b) Within sixty (60) calendar days of the close of Subrecipient's fiscal year, on an annual basis, the Subrecipient shall electronically submit a completed Audit Compliance Certification to audit(�deo.mvflorida.com, and DEO's grant manager; a blank version of which is attached hereto as Attachment J . The Subrecipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, Page 3 of 60 Page 56 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and the Subrecipient. (c) In addition to the submission requirements listed in Attachment I, Audit Requirements, the Subrecipient shall send an electronic copy of its audit report to DSO's grant manager for this Agreement by June 30 following the end of each fiscal year in which it had an open CDBG-MIT subgrant. (d) Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives, including but not limited to the pertinent Report Submissions provisions of 2 C.F.R 200.512, when such provisions are applicable to this Agreement. (8) REPORTS Subrecipient shall provide DEO with all reports and information set forth in Attachment G, Reports. The monthly reports and administrative closeout reports must include the current status and progress of Subrecipient and all subcontractors in completing the work described in Attachment A, Scope of Work, and the expenditure of funds under this Agreement. Within 10 calendar days of a request by DEO, Subrecipient shall provide additional program updates or information. Without limiting any other remedy available to DEO, if all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO, payments may be withheld until the reports are completed to DSO's satisfaction. DEO may also take other action as stated in Paragraph (13) Remedies or otherwise allowable by later. (9) INSPECTIONS AND MONITORING (a) Subrecipient shall cooperate and comply with DEO, HUD, and auditors with any inspections and will immediately provide access to records and financial statements as deemed necessary by DEO, HUD, and their respective auditors at least in accordance with requirements of 2 CFR part 200 and 24 CFR 570.489. (b) Subrecipient shall cooperate and comply with monitoring of its activities as deemed necessary by DEO to ensure that the subaward is used for authorized purposes in compliance with federal statutes, regulations, and this Agreement. (c)Without limiting the actions DEO, HUD, or their respective investigators may take, monitoring procedures will include at a minimum: (1) reviewing financial and performance reports required by DEO; (2) following-up and ensuring Subrecipient takes timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from DEO as detected through audits, on-site reviews and other means; and (3) issuing a management decision for audit findings pertaining to this Federal award provided to Subrecipient from DEO as required by 2 CFR 5200.521. (d) Corrective Actions: DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require Subrecipient to take timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from the pass-through entity as detected through audits, on-site reviews and other means. In response to audit deficiencies or other findings of noncompliance with this agreement, DEO may in its sole discretion and without advance notice, impose additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. DEO may also take other action as stated in Paragraph (13) Remedies or otherwise allowable by law. (10) DUPLICATION OF BENEFITS Subrecipient shall not carry out any of the activities under this Agreement in a manner that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974 (42 U.S.C. 5155 etseq.) and described in Appropriations Acts. Subrecipient must comply with HUD's requirements for duplication of benefits, as described in the Federal Register and HUD guidance (including HUD training materials). Subrecipient shall carry out the activities under this Agreement in compliance with DSO's procedures to prevent duplication of benefits. Subrecipient shall sign a Subrogation Agreement (See Attachment M). Page 4 of 60 Page 57 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 (11) LIABILITY (a) If Subrecipient is a state agency or subdivision, as defined in Section 768.28(2), F.S., pursuant to Section 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other Party for the other Party's negligence. (b) Subrecipient assumes sole responsibility for the training and oversight of the parties it deals with or employs to carry out the terms of this Agreement to the extent set forth in Section 768.28, Florida Statutes. Subrecipient shall hold DEO harmless against all claims of whatever nature arises from the work and services performed by third parties under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of DEO but is an independent contractor. (c) Subrecipient agrees to be fully responsible for its negligent or tortious acts or omissions, which result in claims or suits against DEO. Subrecipient agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, F.S. Nothing herein shall be construed as consent bv_ DEO to be sued by third parties in any matter arising out of any agreement, contract or subcontract. (d) Nothing herein is intended to serve as a waiver of sovereign immunity by DEO or the Subrecipient. (12) EVENTS OF DEFAULT If any of the following events occur ("Events of Default"), DEO may, in its sole and absolute discretion, elect to terminate any obligation to make any further payment of funds, exercise any of the remedies available through this Agreement or pursue any remedy at law or in equity, without limitation: (a) Any warranty, or representation made by Subrecipient, in this Agreement or any previous agreement with DEO, is or becomes false or misleading in any respect, or if Subrecipient fails to keep or perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with DEO or HUD, and/or has not cured them in timely fashion and/or is unable or unwilling to meet its obligations under this Agreement and/or as required by statute, rule, or regulation; (b) Any material adverse change occurs in the financial condition of Subrecipient at any time during the term of this Agreement and the Subrecipient fails to cure this adverse change within thirty (30) calendar days from the date written notice is sent by DEO; (c) If Subrecipient fails to submit any required report or submits any required report with incorrect, incomplete, or insufficient information or fails to submit additional information as requested by DEO; (d) If Subrecipient fails to perform or timely complete any of its obligations under this Agreement, including participating in DEO's Implementation Workshop. The Parties agree that in the event DEO elects to make payments or partial payments after any Events of Default, it does so without waiving the right to exercise any remedies allowable herein or at law and without becoming liable to make any further payment. (e) Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay the Subrecipient believes is excusable under this paragraph, Subrecipient shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Subrecipient could reasonably foresee that Page 5 of 60 Page 58 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 a delay could occur as a result or (2) within five (5) calendar days after the date Subrecipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE SUBRECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Subrecipient of its decision in writing. No claim for damages, other than an extension of time, shall be asserted against DEO. Subrecipient shall not be entitled to an increase in the Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of dela) disruption, interference or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Subrecipient shall perform at no increased cost, unless DEO determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to DEO or the State, in which case, DEO may do any or all of the following: (1) accept allocated performance or deliveries from Subrecipient, provided that Subrecipient grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Subrecipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity or (3) terminate the Agreement in whole or in part. (13) REMEDIES If an Event of Default occurs, DEO may in its sole discretion and without limiting any other right or remedy available, provide thirty (30) calendar days written notice to the Subrecipient and if the Subrecipient fails to cure within those thirty (30) calendar days DEO may choose to exercise one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement upon written notice by DEO sent in conformity with Paragraph (17) Notice and Contact; (b) Begin any appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Demand Subrecipient return to DEO any funds used for ineligible activities or unallowable costs under this Agreement or any applicable law, rule or regulation governing the use of the funds; and (e) Exercise any corrective or remedial actions, including but not limited to: 1. Request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance; 2. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; and/or 3. Advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question. (f) Exercise any other rights or remedies which may be otherwise available under law. Pursuit of any of the above remedies does not preclude DEO from pursuing any other remedies in this Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement or failure by DEO to require strict performance does not affect, extend or waive any other right or remedy available or affect the later exercise of the same right or remedy by DEO for any other default by the Subrecipient. Page 6 of 60 Page 59 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 (14) DISPUTE RESOLUTION DEO shall decide disputes concerning the performance of the Agreement, and document dispute decisions in writing and serve a copy of same to Subrecipient. All decisions are final and conclusive unless the Subrecipient files a petition for administrative hearing with DEO within tmrenty-one (21) days from the date of receipt of the decision. Exhaustion of administrative remedies prescribed in Chapter 120, F.S., is an absolute condition precedent to Subrecipient's ability to pursue any other form of dispute resolution; provided however, that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in Chapter 120, F.S. (15) CITIZEN COMPLAINTS The goal of DEO is to provide an opportunity to resolve complaints in a timely manner, usually within fifteen (15) business days of the receipt of the complaint as expected by HUD, if practicable, and to provide the right to participate in the process and appeal a decision when there is reason for an applicant to believe its application was not handled according to program policies. All applications, guidelines and websites will include details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. Applicants are allowed to appeal program decisions related to one of the follov ing activities: (a) A program eligibility determination, (b) A program assistance award calculation, or (c) A program decision concerning housing unit damage and the resulting program outcome. Citizens may file a written complaint or appeal through the Office of Long -Term Resiliency email at CDBG-DR(a deo.myflorida.com or submit by postal mail to the following address: Attention: Office of Long -Term Resiliency Florida Department of Economic Opportunity 107 East Madison Street The Caldwell Building, MSC 400 Tallahassee, Florida 32399 The subrecipient will handle citizen complaints by conducting: (a) Investigations as necessary, (b) Resolution, and (c) Follow-up actions. If the complainant is not satisfied by Subrecipient's determination, then the complainant may file a written appeal by following the instructions issued in the letter of response. If, at the conclusion of the appeals process, the complainant has not been satisfied with the response, a formal complaint may then be addressed directly to DEC) at: Department of Economic Opportunity Caldwell Building, MSC -400 107 E Madison Street Tallahassee, FL 32399 The Florida Office of Long -Term Resiliency operates in Accordancewith the Federal FairHousingLaw (The Fair Housing Amendments Act of 1988). Anyone who feels he or she has been discriminated against may file Page 7 of 60 Page 60 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or w -w -w. hud.gov/ fairhousing. (16) TERMINATION (a) DEO may immediately suspend or terminate this Agreement for cause by providing written notice, from the date notice is sent by DEO. Cause includes, but is not limited to: an Event of Default as set forth in this Agreement; Subrecipient's improper or ineffective use of funds provided under this Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes, executive orders, HUD guidelines, policies, directives or laws; failure, for any reason, to timely and/or properly perform any of the Subrecipient's obligations under this Agreement; submission of reports that are incorrect or incomplete in any material respect and refusal to permit public access to any document, paper, letter or other material subject to disclosure under law, including Chapter 119, F.S., as amended. The aforementioned reasons for termination are listed in the immediately preceding sentence for illustration purposes but are not limiting DSO's sole and absolute discretion v,ith respect to DSO's right to terminate this Agreement. In the event of suspension or termination, Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs. (b) DEO may unilaterally terminate this Agreement, in whole or in part, for convenience by providing Subrecipient fourteen (14) days written notice from the date notice is sent by DEO, setting forth the reasons for such termination, the effective date and, in the case of partial termination, the portion to be terminated. However, if in the case of partial termination, DEO determines that the remaining portion of the award will not accomplish the purpose for which the award was made, DEO may terminate the portion of the award which will not accomplish the purpose for which the award was made. Subrecipient shall continue to perform any work not terminated. In the event of termination for convenience, Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs for the terminated portion of work. (c) The Parties may terminate this Agreement for their mutual convenience in writing, in the manner agreed upon by the Parties, which must include the effective date of the termination. (d) In the event that this Agreement is terminated, Subrecipient shall not incur new obligations under the terminated portion of the Agreement after the date Subrecipient has received the notification of termination. Subrecipient shall cancel as many outstanding obligations as possible. DEO shall disallow all costs incurred after Subrecipient's receipt of the termination notice. DEO may, to the extent authorized by law, withhold payments to Subrecipient for the purpose of set-off until the exact amount of damages due to DEO from Subrecipient is determined. (e) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEO any CDBG-MIT funds on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG-MIT funds. (0 Any real property under Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the subrecipient in the form of a loan) in excess of $25,000 must either: 1. Be used to meet a national objective until five years after expiration or termination of this Agreement, unless otherwise agreed upon by the Parties, or except as otherwise set forth herein; or 2. If not used to meet a national objective, Subrecipient shall pay to DEO an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non- CDBG-MIT fiends for the acquisition or improvement of the property for five years after expiration or termination of this Agreement. (g) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or under this Agreement. Page 8 of 60 Page 61 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 (17) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, first class or certified mail with return receipt requested, email with confirmation of receipt of email from Subrecipient, to the representative identified below at the address set forth below or said notification attached to the original of this Agreement. (b) The name and address of DSO's Grant Manager for this Agreement is: Paul Wotherspoon 107 E Madison St. Tallahassee, FLorida 32399 850-717-8502 Paul.Wotherspoon@deo.mvflorida.com (c) The name and address of the Local Government Project Contact for this Agreement is: Paola Mendoza P. O. Box 310 Boynton Beach, Florida 33425 561-742-6266 MendozaP@bbfl.us (d) If different representatives or addresses are designated by either Party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as provided for in this Agreement. Such change shall not require a formal amendment of the Agreement. (18) CONTRACTS If the Subrecipient contracts any of the work required under this Agreement, a copy of the proposed contract template and any proposed amendments, extensions, revisions, or other changes thereto, must be forwarded to the DEO grant manager for prior written approval. For each contract, the Subrecipient shall report to DEO as to whether that contractor or any subcontractors hired by the contractor, is a minority- vendor, as defined in Section 288.703, F.S. The Subrecipient shall comply with the procurement standards in 2 CFR §200.318 - �200.327and §200.330 when procuring property and services under this Agreement (refer to Attachments D & E). The Subrecipient shall include the following terms and conditions in any contract pertaining to the work required under this Agreement: (a) the period of performance or date of completion; (b) the performance requirements; (c) that the contractor is bound by the terms of this Agreement; (d) that the contractor is bound by all applicable State and Federal laws, rules, and regulations; (e) that the contractor shall hold DEC) and Subrecipient harmless against all claims of whatever nature arising out of the contractor's performance of work under this Agreement; (f) the obligation of the Subrecipient to document in Subrecipient's reports the contractor's progress in performing its work under this Agreement; (g) the requirements of 2 CFR Appendix II to Part 200 — Contract Provision for Non -Federal Entity Contract Under Federal Awards — (refer to Attachment L) Page 9 of 60 Page 62 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 Subrecipient must comply -with CDBG regulations regarding debarred or suspended entities (24 CFR 570.489(1)), pursuant to which CDBG funds must not be provided to excluded or disqualified persons and provisions addressing bid, payment, performance bonds, if applicable, and liquidated damages. Subrecipient shall maintain oversight of allactivities performed under this Agreement and shall ensure that its contractors perform according to the terms and conditions of the procured contracts or agreements and the terms and conditions of this Agreement. (19) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement; and this Agreement supersedes all previous understandings. No waiver by DEC) may be effective unless made is writing by an authorized DEC) official. (20) ATTACHMENTS (a) If any inconsistencies or conflict between the language of this Agreement and the attachments arise, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (b) This Agreement contains the following attachments: Attachment A — Project Description and Deliverables Attachment B — Project Budget (Example) Attachment C — Activity Work Plan (Example) Attachment D — Program and Special Conditions Attachment E — State and Federal Statutes, Regulations and Policies Attachment F — Civil Rights Compliance Attachment G — Reports Attachment H — Warranties and Representations Attachment I — Audit Requirements Exhibit 1 to Attachment I — Funding Sources Attachmenti — Audit Compliance Certification Attachment K — SERA Access Authorization Form (form provided after execution of this agreement) Attachment L - 2 CFR Appendix I1 to Part 200 Attachment M — Subrogation Agreement (21) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed Five Hundred Seventy -One Thousand Six Hundred Eleven Dollars and Zero Cents ($571,611.00) subject to the availability of funds. The State of Florida and DEO's performance and obligation to pay under this Agreement is contingent upon annual appropriations by the Legislature and subject to any modification in accordance with Chapter 216, F.S. or the Florida Constitution. (b) DEC) will provide funds to Subrecipient by issuing a Notice of Subgrant Award/Fund Availability ("NFA") through DSO's financial management information system. Each NFA may contain specific terms, conditions, assurances, restrictions or other instructions applicable to the funds provided by the NFA. By accepting funds made available through an NFA, Subrecipient agrees to comply with all terms, conditions, assurances, restrictions or other instructions fisted in the NFA. (c) By execution of this Agreement, Subrecipient certifies that necessary written administrative procedures, processes and fiscal controls are in place for the operation of its CDBG-MIT program for which Subrecipient receives funding from DEO. These written administrative procedures, processes and fiscal controls must, at minimum, comply with applicable state and federal law, rules, regulations, guidance Page 10 of 60 Page 63 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 and the terms of this Agreement. Subrecipient agrees to comply with all the terms and conditions of Attachment D, Program and Special Conditions. (d) Subrecipient shall expend funds only for allowable costs and eligible activities, in accordance with the Scope of Work. (e) Subrecipient shall request all funds in the manner prescribed by DEO. The authorized signatory for the Subrecipient set forth on the SERA Access Authorization Form must approve the submission of each Request for Funds ("R -FF") on behalf of Subrecipient. SERA Access Authorization Form will be provided after the execution of this Agreement. (t) Except as set forth herein, or unless otherwise authorized in writing by DEO, costs incurred for eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for funding with CDBG-MIT funds. (g) If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the Federal Office of Management and Budget, the Florida Legislature, the State Chief Financial Officer or under Subparagraph (23), Mandated Conditions of this Agreement, all obligations on the part of DEO to make any further payment of funds will terminate and the Subrecipient shall submit its administrative closeout report and subgrant agreement closeout package as directed by DEO within thirty (30) calendar days from receipt of notice from DEO. (h) Subrecipient is ultimately responsible for the administration of this Agreement, including monitoring and oversight of any person or entity retained or hired by Subrecipient. (i) All expenditures under this Agreement shall be made in accordance with this Agreement and any applicable state or federal statutes, rules, or regulations. (j) Funding for this Agreement is appropriated under Public Law 115-254, Division I, the "Supplemental Appropriations for Disaster Relief Act, 2018" and Public Law 116-20, the "Additional Supplemental Appropriations for Disaster Relief Act, 2019" for the purpose of assisting in long-term recovery from major disasters that occurred in 2017, 2018, and 2019 in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq., (the "Stafford Act"). (k) CDBG-MIT funds, appropriated and identified by Public Law, are governed by one or more Federal Register notices that contain requirements, applicable waivers, and alternative requirements that apply to the use of these funds. (22) REPAYMENTS (a) Subrecipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. Subrecipient shall ensure that its contractors, subcontractors, and consultants only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. (b) In accordance with Section 215.971, F.S., Subrecipient shall refund to DEO any unobligated funds which have been advanced or paid. (c) Subrecipient shall refund to DEO any funds paid in excess of the amount to which the Subrecipient or its contractors, subcontractors or consultants are entitled under the terms and conditions of this Agreement. (d) Subrecipient shall refund to DEO any funds received for an activity if the activity does not meet one of the three National Objectives listed in 24 CFR 5 570.483(b), (c) and (d); provided, however, the Subrecipient is not required to repay funds for subgrant administration unless DEO, in its sole discretion, determines Subrecipient is at fault for the ineligibility of the activity in question. (e) Subrecipient shall refund to DEO any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to DEO, by the Subrecipient, within thirty (30) calendar days from Subrecipient's receipt of notification of such non-compliance. (0 In accordance with Section 215.34(2), F.S., if a check or other draft is returned to DEO for collection, the Subrecipient shall pay to DEO a service fee of $15.00 or five percent of the face amount Page 11 of 60 Page 64 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 of the returned check or draft, whichever is greater. All refunds or repayments to be made to DEO under this Agreement are to be made payable to the order of "Department of Economic Opportunity" and mailed directly to DEO at the following address: Department of Economic Opportunity- Community Development Block Grant Programs Cashier 107 East Madison Street — MSC 400 Tallahassee, Florida 32399-6508 (23) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations and materials submitted or provided by the Subrecipient in this Agreement, in any later submission or response to a DEO request or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations and materials are incorporated herein by reference. (b) This Agreement shall be construed under the laws of the State of Florida and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. The Parties explicitly waive any right to jury trial. (c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then that provision shall be null and void only to the extent of the conflict or unenforceability, and that provision shall be severable from and shall not invalidate any other provision of this Agreement. (d) Any power of approval or disapproval granted to DEO under the terms of this Agreement shall survive the term of this Agreement. (c) This Agreement may be executed in any number of counterparts, any one of which maybe taken as an original. (fl Subrecipient shall comply with all applicable local, state and federal laws, including the Americans With Disabilities Act of 1990, as amended; the Florida Civil Rights Act, as amended, Chapter 760, Florida Statutes; Title VII of the Civil Rights Act of 1964, as amended; (P.L. 101-336, 42 U.S.C. � 12101 et seq.) and laws which prohibit discrimination by public and private entities on in employment, public accommodations, transportation, state and local government services and telecommunications. (g) Pursuant to Section 287.133(2)(a), F.S., a person or affiliate, as defined in Section 287.133(1), F.S., who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies 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 thirty- five thousand dollars ($35,000) for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. By executing this Agreement, the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the convicted vendor list. (h) Pursuant to Section 287.134(2) (a), F.S., an entity or affiliate, as defined in Section 287.134(1), who has been placed on the discriminatory vendor list may not submit a bid, proposal or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies 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. By executing this Agreement, the Subrecipient represents Page 12 of 60 Page 65 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. (j) In the event travel is pre -approved by DEO, any bills for travel expenses shall be submitted and reimbursed in accordance with Section 112.061, F.S., the rules promulgated thereunder and 2 CFR 200.474. (k) If Subrecipient is allowed to temporarily invest any advances of fiends under this Agreement, any interest income shall either be returned to DEO or be applied against DSO's obligation to pay the Agreement award amount. (1) Subrecipient acknowledges being subject to Florida's Government in the Sunshine Law (Section 286.011, F.S.) with respect to the meetings of Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. Subrecipient agrees that all such aforementioned meetings shall be publicly noticed, open to the public and the minutes of all the meetings shall be public records made available to the public in accordance with Chapter 119, F.S. (m) Subrecipient shall comply with section 519 of P. L. 101-144, the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990; and section 906 of P.L. 101-625, the Cranston -Gonzalez National Affordable Housing Act, 1990, by having, or adopting within ninety (90) days of execution of this Agreement, and enforcing, the following: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. (n) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEO any CDBG-MIT funds remaining at the time of expiration or termination, and any accounts receivable attributable to the use of CDBG-MIT funds. (24) LOBBYING PROHIBITION (a) No fiends or other resources received from DEO under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Subrecipient certifies, by its signature to this Agreement, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any general loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement; 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Subrecipient shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying " in accordance with its instructions; and 3. Subrecipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose as described in this Agreement. This certification is a material representation of fact upon which reliance was placed Page 13 of 60 Page 66 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. � 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. (25) COPYRIGHT, PATENT AND TRADEMARK Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby transferred by Subrecipient to the State of Florida. (a) If the Subrecipient has a pre-existing patent or copyright, Subrecipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement expressly provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement or in any way connected with it, Subrecipient shall refer the discovery or invention to DEO for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films or other copyrightable material are produced, Subrecipient shall notify DEO. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Subrecipient to the State of Florida. (c) Within thirty (30) calendar days of execution of this Agreement, Subrecipient shall disclose all intellectual properties relating to the performance of this Agreement which give rise to a patent or copyright. Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists, and DEO shall have the right to all patents and copyrights which accrue during performance of this Agreement. (26) LEGAL AUTHORIZATION (a) Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. Subrecipient certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the terms of this Agreement. DEO may, at its discretion, request documentation evidencing the undersigned has authority to bind Subrecipient to this Agreement as of the date of execution; any such documentation is incorporated herein by reference. (b) Prior to the execution of this Agreement, Subrecipient warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, investigation or any other legal or financial condition that would in any way prohibit, restrain or diminish Subrecipient's ability to satisfy its obligations. Subrecipient shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the term of this Agreement. (27) PUBLIC RECORD RESPONSIBILITIES (a) In addition to Subrecipient's responsibility to directly respond to each request it receives for records, in conjunction with this Agreement and to provide the applicable public records in response to such request, Subrecipient shall notify DEC) of the receipt and content of all such requests by sending an email to PRReauestLdeo.mvflorida.com within one (1) business day from receipt of the request. (b) Subrecipient shall keep and maintain public records required by DEO to perform the Subrecipient's responsibilities hereunder. Subrecipient shall, upon request from DEO's custodian of public records, provide DEO 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 by Chapter 119, F.S., or as otherwise provided by law. Subrecipient shall allow public access to all documents, papers, letters or other materials made or received by the Subrecipient in conjunction with this Agreement, unless the Page 14 of 60 Page 67 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 records are exempt from Article I, Section 24(a) of the Florida Constitution and Section 119.07(1), F.S. For records made or received by Subrecipient in conjunction with this Agreement, Subrecipient shall respond to requests to inspect or copy such records in accordance with Chapter 119, F.S. For all such requests for records that are public records, as public records are defined in Section 119.011, F.S., Subrecipient shall be responsible for providing such public records per the cost structure provided in Chapter 119, F.S., and in accordance with all other requirements of Chapter 119, F.S., or as otherwise provided by law. (c) This Agreement may be terminated by DEO for refusal by Subrecipient to comply with Florida's public records laws or to allow public access to any public record made or received by the Subrecipient in conjunction with this Agreement. (d) If, for purposes of this Agreement, Subrecipient is a "contractor" as defined in Section 119.0701(1) (a), F.S. ("Subrecipient-contractor', the Subrecipient-contractor shall transfer to DEO, at no cost to DEO, all public records upon completion including termination, of this Agreement or keep and maintain public records required by DEO to perform the service. If Subrecipient-contractor transfers all public records to the public agency upon completion of this Agreement, Subrecipient-contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Subrecipient-contractor keeps and maintains public records upon completion of the Agreement, the Subrecipient-contractor shall meet all applicable requirements for retaining public records in accordance with Chapters 119 and 257, F.S. All records stored electronically must be provided to DEO, upon request from DSO's custodian of public records, in a format that is compatible with the information technology systems of DEO. (e) If DEO does not possess a record requested through a public records request, DEO shall notify Subrecipient-contractor of the request as soon as practicable, and the Subrecipient-contractor must provide the records to DEO or allow the records to be inspected or copied within a reasonable time, but in all cases within fourteen business days. If the Subrecipient-contractor does not comply with DEO's request for records, DEO shall enforce the provisions set forth in this Agreement. Subrecipient- contractor who fails to provide public records to DEO within a reasonable time may be subject to penalties under Section 119.10, F.S. (f) Subrecipient shall notify DEO verbally within twenty-four (24) hours and in writing within seventy-two (72) hours if any data in the Subrecipient's possession related to this Agreement is subpoenaed or improperly used, copied or removed (except in the ordinary course of business) by anyone except an authorized representative of DEO. Subrecipient shall cooperate with DEO, in taking all steps as DEO deems advisable, to prevent misuse, regain possession or otherwise protect the State's rights and the data subject's privacy. (g) Subrecipient acknowledges DEO is subject to the provisions of Chapter 119, F.S., relating to public records and that reports, invoices and other documents Subrecipient submits to DEO under this Agreement constitute public records under Florida Statutes. Subrecipient shall cooperate with DEO regarding DEO's efforts to comply with the requirements of Chapter 119, F.S. (h) If Subrecipient submits records to DEO that are confidential and exempt from public disclosure as trade secrets or proprietary confidential business information, such records should be identified as such by Subrecipient prior to submittal to DEO. Failure to identify the legal basis for each exemption from the requirements of Chapter 119, F.S., prior to submittal of the record to DEO serves as the Subrecipient's waiver of a claim of exemption. Subrecipient shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement term and following completion of this Agreement if the Subrecipient- contractor does not transfer the records to DEO upon completion, including termination, of this Agreement. Page 15 of 60 Page 68 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.:I0124 (i) IF SUBRECIPIENT-CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT-CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via email at PRReauest(j�deo.myfloridaxom, or by mail at Department of Economic Opportunity, Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. (j) To the extent allowable by law, Subrecipient shall be fully liable for the actions of its agents, employees, partners, contractors and subcontractors and shall fully indemnify, defend, and hold harmless the State and DEC), and their officers, agents and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to public record requests or public record law violation(s), alleged to be caused in whole or in part by the Subrecipient, its agents, employees, partners, contractors or subcontractors, provided, however, Subrecipient does not indemnify for that portion of any costs or damages proximately caused by the negligent act or omission of the State or DEO. DEO, in its sole discretion, has the right, but not the obligation, to enforce this indemnification provision. (k) DEC) does not endorse any Subrecipient, commodity, or service. Subject to Chapter 119, F.S., Subrecipient shall not publicly disseminate any information concerning this Agreement without prior written approval from DEC), including, but not limited to, mentioning this Agreement in a press release or other promotional material, identifying DEC) or the State as a reference, or otherwise linking Subrecipient's name and either a description of the Agreement or the name of DEC) or the State in any material published, either in print or electronically, to any other entity that is not a Party to this Agreement, except potential or actual employees, agents, representatives or subcontractors with the professional skills necessary to perform the work services required by the Agreement. (1) Subrecipient shall comply with the requirements set forth in Section 119.0701, F.S., when entering into any public agency contract for services after the Effective Date of this Agreement. Subrecipient shall amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective Date of this Agreement and which contract will or may be funded in whole or in part with any public funds. DEC) may terminate this Agreement if the Subrecipient does not comply with this provision. (28) EMPLOYMENT ELIGIBILITY VERIFICATION (a) Section 448.095, F.S., requires the following: 1. Every public employer, contractor, and subcontractor shall register with and use the E - Verify system to verify the work authorization status of all newly hired employees. A public employer, contractor, or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E -Verify system. 2. A private employer shall, after making an offer of employment which has been accepted by a person, verify such person's employment eligibility. A private employer is not required to verify the employment eligibility of a continuing employee hired before January 1, 2021. However, if a person is a contract employee retained by a private employer, the private employer must verify the employee's employment eligibility upon the renewal or extension of his or her contract. (b) E -Verify is an Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new Page 16 of 60 Page 69 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 employees hired to work in the United States. There is no charge to employers to use E -Verify. The Department of Homeland Security's E -Verify system can be found at: https://uww.e-veri -. ov/ (c) If the Recipient does not use E -Verify, the Recipient shall enroll in the E -Verify system prior to hiring any new employee or retaining any contract employee after the effective date of this Agreement. (29) PROGRAM INCOME (a) The Subrecipient shall report to DEO all program income (as defined at 24 CFR § 570.500(a) or in the Federal Register Guidance governing the CDBG-MIT funds) generated by activities carried out with CDBG-MIT funds made available under this Agreement as part of the Subrecipient's Quarterly Progress Report. The Subrecipient shall use program income in accordance with the applicable requirements of 2 CFR part 200, 24 CFR part 570.489, 570.500, 570.504 and the terms of this Agreement. (b) Program income generated after closeout shall be returned to DEO. Program income generated prior to closeout shall be returned to DEO unless the program income is used to fund additional units of CDBG-MIT activities, specified in a modification to this Agreement and duly executed prior to administrative closeout. (30) NATIONAL OBJECTIVES All activities funded with CDBG-MIT funds must meet the criteria for one of the CDBG program's National Objectives. The Subrecipient certifies that the activities carried out under this Agreement shall meet the following national objectives and satisfy the following criteria: (a) Benefit low and moderate income; (b) Meet a particularly urgent need; (c) Aid in the prevention or elimination of slums or blight. (31) INDEPENDENT CONTRACTOR (a) In Subrecipient's performance of its duties and responsibilities under this Agreement, it is mutually understood and agreed Subrecipient is at all times acting and performing as an independent contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an employer/employee relationship, partnership or joint venture between the Parties. Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. Nothing in this Agreement shall be construed to create any agency or employment relationship between DEO Subrecipient, its employees, subcontractors or agents. Neither Party shall have any right, power or authority to assume, create or incur any expense, liability or obligation, express or implied, on behalf of the other. (b) Subrecipient, its officers, agents, employees, subcontractors or assignees, in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee, agent, joint venturer, or partner of the State of Florida. (c) Subrecipient shall have sole right to control the manner, method and means by which the services required by this Agreement are performed. DEO shall not be responsible to hire, supervise or pay Subrecipient's employees. Neither Subrecipient, nor its officers, agents, employees, subcontractors or Page 17 of 60 Page 70 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 assignees are entitled to State retirement or State leave benefits, or to any other compensation of State employment as a result of performing the duties and obligations of this Agreement. (d) Subrecipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and ,xill not be considered or permitted to be an agent, employee, servant, joint venturer or partner of the State of Florida. (e) Unless justified by the Subrecipient, and agreed to by DEO in the Scope of Work, DEO will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the Subrecipient or its subcontractor or assignee. (� DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of funds under this Agreement. Subrecipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits, social security-, workers' compensation, health or disability- benefits, reemployment assistance benefits or employee benefits of any kind. Subrecipient shall ensure that its employees, subcontractors and other agents, receive benefits and necessary insurance (health, workers' compensation, reemployment assistance benefits) from an employer other than the State of Florida. (g) Subrecipient, at all times during the Agreement, must comply with the reporting and Reemployment Assistance contribution payment requirements of Chapter 443, F.S. (h) DEO shall not be responsible the provision of any training to Subrecipient, its employees, assigns, agents, representatives or subcontractors in the professional skills necessary to perform the work services required by this Agreement; DEO may provide training in the form of an Implementation Workshop in keeping with implementation Remainder of this page is intentionally left blank — Page 18 of 60 Page 71 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 State of Florida Department of Economic Opportunity Federally Funded Subrecipient Agreement Signature Page IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the attachments and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned officials. CITY OF BOYNTON BEACH, FLORIDA LIMA By DEPARTMENT OF ECONOMIC OPPORTUNITY Signature Meredith Ivev Title Chief of Staff Date Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY By: Approved Date: Page 19 of 60 Page 72 of 895 Signature Steven Grant Title Mayor Date Federal Tax ID # 59-6000395 DUNS # 072247133 By DEPARTMENT OF ECONOMIC OPPORTUNITY Signature Meredith Ivev Title Chief of Staff Date Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY By: Approved Date: Page 19 of 60 Page 72 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 Attachment A — Project Description and Deliverables 1. PROGRAM DESCRIPTION: In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced the State of Florida, Department of Economic Opportunity (DEO) would receive $633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing the Benefits to Low -to -Moderate Income (LMI) National Objective. Additional information may be found in the Federal Register, Vol. 84, No. 169. The Florida Department of Economic Opportunity (DEO) has apportioned the Federal Award to include the following initiatives: Critical Facility Hardening Program $75,000,000; General Planning Support Program $20,000,000; General Infrastructure Program $475,000,000; and State Planning and Administration $63,485,000. This award has been granted under the Critical Facility Hardening Program. Projects eligible for funding under this program must harden critical facilities that serve a public safety purpose for local communities. Critical facilities include: 1. Potable water facilities 2. Wastewater facilities 3. Police departments 4. Fire departments 5. Hospitals 6. Emergency operation centers 7. Emergency shelters 2. PROJECT DESCRIPTION: The City of Boynton Beach, Florida has been awarded Five Hundred Seventy One Thousand Six Hundred Eleven Dollars and Zero Cents ($571,611.00) in CDBG-MIT (Community Development Block Grant — Mitigation) funding to harden the City of Boynton Beach's Fire Rescue Station No. 2. Activities to mitigate wind damage include: A. Replacement of the eight (8) overhead roll up garage bay doors for fire apparatus access to provide protection for the largest opening(s) in this critical facility, ensuring rescue equipment is functional following a natural or man-made disaster. To properly mitigate the facility and its equipment from wind damage, the doors shall comply with the high -impact wind load testing and design factors. B. Installation of hurricane strapping to secure exterior HVAC equipment, C. Removing rust and painting generator enclosure; and D. Replacement of existing light poles with code compliant poles to reduce the possibility of downed poles blocking fire apparatus entry/exit during and following natural disasters. This project satisfies the Low -to -Moderate (LMI) National Objective as the area of benefit population has an LMI of 51.14%. The project is projected to begin November 1, 2021 and be completed within 48 months after date of execution. The City will contribute $26,474.00 in-kind staff support for a total project cost of $598,085.00. The team overseeing the project includes the City Manager, Public Work Director, City Engineer, Fire marshal, Project Manager, Purchasing Manager, and selected contractor(s). Page 20 of 60 Page 73 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 3. SUBRECIPIENT RESPONSIBILITIES: A. Complete and submit to DEO within thirty (30) days of Agreement execution a staffing plan which must be reviewed and approved by the DEO Grant Manager prior to implementation. Should any changes to the staffing plan be deemed necessary, an updated plan must be submitted to DEO for review and approval. The Staffing plan must include the following: 1. Organizational Chart; and 2. Job descriptions for Subrecipient's employees, contracted staff, vendors, and contractors. B. Develop and submit a copy of the following policies and procedures to the DEO Grant Manager for review and approval within thirty (30) days of Agreement execution. The DEO Grant Manager will provide approval in writing prior to the policies and procedures being implemented. 1. Procurement policies and procedures that incorporate 2 CFR Part 200.317-327. 2. Administrative financial management policies, which must comply with all applicable HUD CDBG-MIT and State of Florida rules. 3. Quality assurance and quality control system policies and procedures that comply with all applicable HUD CDBG-MIT and DEC) policies. 4. Policies and procedures to detect and prevent fraud, waste and abuse that describe how the Subrecipient will verify the accuracy of applicant information, monitoring policy indicating how and why monitoring is conducted, the frequency of monitoring policy, and which items will be monitored, and procedures for referring instances of fraud, waste and abuse to HUD OIG Fraud Hotline (phone: 1-800-347-3735 or email hotlinenhudoi,�ov). 5. Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award. C. Attend fraud related training offered by HUD OIG to assist in the proper management of the CDBG- MIT grant funds when available. D. Upload required documents into a system of record provided by DEC). E. Complete and submit an updated Project Detail Budget (Attachment B) for review and approval by DEO no later than thirty (30) days after Agreement execution. Any changes to the Project Detail Budget must be submitted in the monthly report submitted to DEO for review and approval by the DEC) Grant Manager. F. Maintain organized Subrecipient agreement files and make them accessible to DEO or its representatives upon request. G. Comply with all terms and conditions of the Subrecipient Agreement, Infrastructure Program Guidelines, Action Plans, Action Plan amendments, and Federal, State, and local laws. H. Provide copies of all proposed procurement documents to DEC) ten (10) days prior to posting as detailed in Attachment D of Subrecipient Agreement. The proposed procurement documents will be reviewed and approved by DEO Grant Manager. Should the procurement documents require revisions based on state or federal requirements, Subrecipient will be required to postpone procurement and submit revised documents for review and approval. I. Complete procurement of all applicants for internal grants management and compliance and direct program and product production, including: 1. Selection of applicants, subrecipients and/or staff that will be responsible for managing applicant intake and related operations, compliance, finance, and administration. 2. Selection of applicants, subrecipients and/or staff that will be responsible for appraisal, environmental review, title services and legal services. 3. Copies of all contracts that will be executed by Subrecipient. Contracts must be provided to DEC) prior to execution as detailed in Attachment D. Any contract executed by Subrecipient must follow the terms and conditions set forth in this Agreement. Should the submitted contract require necessary additions and/or changes, DSO's Contract Manager will contact Subrecipient regarding Page 21 of 60 Page 74 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 changes. Subrecipient is required to submit the updated contract within thirty (30) days. Should the contract not be submitted in a timely manner, Subrecipient will be required to complete the selection process once more. J. Ensure all projects seeking assistance under the current CDBG-MIT funds, and any future funds allocated for Mitigation, provided by DEC), receive the required Environmental Clearance from DEO prior to Subrecipient being able to commit CDBG-MIT funds. K. Provide the following documentation to DEO within ten (10) calendars after the end of each month: 1. A revised detail report measuring the actual cost versus the project cost. 2. An updated Attachment C which documents any changes to the project progress along with justification for the revision. L. Develop and submit to DEO a monthly revised detailed timeline for implementation consistent with the milestones outlined in the Mitigation Program Guidelines and report actual progress against the projected progress ten (10) calendar days after the end of each month. M. Provide the following information on a quarterly basis within ten (10) calendar days of the end of each quarter: 1. Submit updated organization chart on a quarterly basis with quarterly report. 2. If staffing changes, there must be s submittal stating the names, job descriptions, on the monthly report deadline. 3. A progress report documenting the following information: a. Accomplishments within the past quarter; b. Issues or risks that have been faced with resolutions; and c. Projected activities to be completed within the following quarter. N. Subrecipient shall adhere to the deadlines for the project as agreed upon in the Attachment C — Activity Work Plan. If Subrecipient is unable to meet a deadline within thirty (30) calendar days of the due date, Subrecipient shall request an extension of such deadline from DEO in writing at least thirty (30) business days prior to the deadline. Deadlines shall not be extended outside of the term of this Agreement except by a formal amendment executed in accordance with Section (5) Modification of Agreement. O. Closeout report will be no later than sixty (60) calendar days after this Agreement ends or is otherwise terminated. 4. ELIGIBLE TASKS AND DELIVERABLES: A. Deliverable No. 1— Engineering and Design Tasks that are eligible for reimbursement are as follows: Architectural and Structural construction documents including drawings and specifications such as shop drawings, submittals, reviews for roof replacement, light pole installation and HVAC tie down strapping. B. Deliverable No. 2 — Construction Tasks that are eligible for reimbursement are as follows: 1. Removal of existing eight (8) roll -down bay doors and replacement with eight (8) overhead doors meeting American Society of Civil Engineer (ASCE) Standards 07-10 and American National Standards Institute / Door and Access Systems Manufacturing Association (ANSI/DASMA) 108 and DASMA Technical Sheet 115. 2. Replace tie down strapping for the current HVAC equipment with strapping of like dimension to the concrete slap. 3. Refurbish existing generator housing through removal of rust and repainting. Page 22 of 60 Page 75 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEC) Agreement No.:I0124 4. Remove and replace existing light poles and replace with code compliant poles and foundations of like dimension. Supporting activities shall include: 1. Maintain financial records related to project activities; 2. Maintain project files; 3. Attend meetings to provide progress reports on subgrant activities; 4. Prepare documentation for and attend monitoring visits by DEC); 5. Prepare requests for funds for submission; 6. Prepare subgrant modification documents; 7. Prepare administrative closeout report; among other required activities to implement the project. 5. DEO RESPONSIBILITIES: A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance with the Agreement to the extent required by law or deemed necessary be DEO in its discretion B. Assign a Grant Manager as a point of contact for Subrecipient C. Review Subrecipient's invoices described herein and process them on a timely basis D. DEC) shall monitor progress, review reports, conduct site visits, as DEO determines necessary at DSO's sole and absolute discretion, and process payments to Subrecipient 6. DELIVERABLES: Subrecipient agrees to provide the following services as specified: Deliverable No. 1 - Engineering and Design Tasks Minimum Level of Service Financial Consequences Subrecipient shall complete eligible Subrecipient may request Failure to complete the Minimum tasks as detailed in Section 4.A of this reimbursement upon completion Level of Service as specified shall Scope of Work. of the tasks listed in Section 4.A result in non-payment for this of this Scope of Work as deliverable for each payment evidenced by submittal of the request. following documentation: 1) Copies of design drawings and specifications; and 2) Invoice package in accordance with Section 7 of this Scope of Work. Deliverable 1 Cost - $32,383.00 Deliverable No. 2 - Construction Tasks Minimum Level of Service Financial Consequences Subrecipient shall complete eligible Subrecipient may request Failure to complete the Minimum tasks as detailed in Section 4.13.1 of this reimbursement upon completion Level of Service as specified shall Scope of Work. of a minimum of one (1) of the result in non-payment for this tasks listed in Section 4.13.1 of this deliverable for each payment Scope of Work as evidenced by request. Page 23 of 60 Page 76 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A Subrecipient shall complete eligible tasks as detailed in Section 4.13.2 of this Scope of `Fork. Subrecipient shall complete eligible tasks as detailed in Section 4.B.3 of this Scope of `Fork. Subrecipient shall complete eligible tasks as detailed in Section 4.B.4 of this Scope of Work. submittal of the following documentation: 1) AIA form G702 or similar accepted DEO form completed by the contractor; 2) Photographs of completed installation; and 3) Invoice package in accordance with Section 7 of this Scope of `Fork. Subrecipient may request reimbursement upon completion of a minimum of one (1) of the tasks listed in Section 4.B.2 of this Scope of Work as evidenced by submittal of the following documentation: 1) AIA form G702 or similar accepted DEO form completed by the contractor; 2) Photographs of completed installation; and 3) Invoice package in accordance with Section 7 of this Scope of Work. Subrecipient may request reimbursement upon completion of a minimum of one (1) of the tasks listed in Section 4.11.3 of this Scope of Work as evidenced by submittal of the following documentation: 1) AIA form G702 or similar accepted DEO form completed by the contractor; 2) Photographs of completed installation; and 3) Invoice package in accordance with Section 7 of this Scope of Work. Subrecipient may request reimbursement upon completion of a minimum of one (1) of the tasks listed in Section 4.B.4 of this Scope of Work as evidenced by submittal of the following documentation: Page 24 of 60 DEO Agreement No.:I0124 Failure to complete the Minimum Level of Service as specified shall result in non-payment for this deliverable for each payment request. Failure to complete the Minimum Level of Service as specified shall result in non-payment for this deliverable for each payment request. Failure to complete the Minimum Level of Service as specified shall result in non-payment for this deliverable for each payment request. Page 77 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEC) Agreement No.:I0124 COST SHIFTING: The deliverable amounts specified within the Deliverables table above are established based on the Parties estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DSO's ability to approve and reimburse allowable costs Subrecipient incurred providing the deliverables herein. Prior written approval from DEO's Grant Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each deliverable total funding amount. Changes that exceed 10% of each deliverable total funding amount will require a formal written amendment request from Subrecipient, as described in Modification section of the Agreement. Regardless, in no event shall DEC) reimburse costs of more than the total amount of this Agreement. 7. INVOICE SUBMITTAL: DEO shall reimburse Subrecipient in accordance with Section 6, above. In accordance with the Funding Requirements of s. 215.971 (1), F.S. and Section 21 of this Agreement, Subrecipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures (https: / /www.myfloridacfo. com/Division/AA/Manuals /documents/ReferenceGuideforStateExpenditures.pdf). A. Subrecipient shall provide one invoice for services rendered during the applicable period of time as defined in the deliverable table. In any month no deliverable has been completed, the subrecipient will provide notice that no invoicing will be submitted. B. The following documents shall be submitted with the itemized invoice: 1. A cover letter signed by Subrecipient's Agreement Manager certifying that the costs being claimed in the invoice package: (1) are specifically for the project represented to the State in the budget appropriation; (2) are for one or more of the components as stated in Section 6, DELIVERABLES, of this Attachment A; (3) have been paid; and (4) were incurred during this Agreement. 2. Subrecipient's invoices shall include the date, period in which work was performed, amount of reimbursement, and work completed to date; 3. A certification by a licensed professional using AIA forms G702 and G703, or their substantive equivalents, certifying that the project, or a quantifiable portion of the project, is complete. 4. Photographs of the project in progress and completed work; 5. A copy of all supporting documentation for vendor payments; 6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer. The State may require any other information from Subrecipient that the State deems necessary to verify that the services have been rendered under this Agreement. Page 25 of 60 Page 78 of 895 1) AIA form G702 or similar accepted DEC) form completed by the contractor; 2) Photographs of completed installation; and 3) Invoice package in accordance with Section 7. of this Scope of `Fork. Deliverable 2 Cost - $539,228.00 TOTAL PROJECT COST NOT TO EXCEED $571,611.00 COST SHIFTING: The deliverable amounts specified within the Deliverables table above are established based on the Parties estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DSO's ability to approve and reimburse allowable costs Subrecipient incurred providing the deliverables herein. Prior written approval from DEO's Grant Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each deliverable total funding amount. Changes that exceed 10% of each deliverable total funding amount will require a formal written amendment request from Subrecipient, as described in Modification section of the Agreement. Regardless, in no event shall DEC) reimburse costs of more than the total amount of this Agreement. 7. INVOICE SUBMITTAL: DEO shall reimburse Subrecipient in accordance with Section 6, above. In accordance with the Funding Requirements of s. 215.971 (1), F.S. and Section 21 of this Agreement, Subrecipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures (https: / /www.myfloridacfo. com/Division/AA/Manuals /documents/ReferenceGuideforStateExpenditures.pdf). A. Subrecipient shall provide one invoice for services rendered during the applicable period of time as defined in the deliverable table. In any month no deliverable has been completed, the subrecipient will provide notice that no invoicing will be submitted. B. The following documents shall be submitted with the itemized invoice: 1. A cover letter signed by Subrecipient's Agreement Manager certifying that the costs being claimed in the invoice package: (1) are specifically for the project represented to the State in the budget appropriation; (2) are for one or more of the components as stated in Section 6, DELIVERABLES, of this Attachment A; (3) have been paid; and (4) were incurred during this Agreement. 2. Subrecipient's invoices shall include the date, period in which work was performed, amount of reimbursement, and work completed to date; 3. A certification by a licensed professional using AIA forms G702 and G703, or their substantive equivalents, certifying that the project, or a quantifiable portion of the project, is complete. 4. Photographs of the project in progress and completed work; 5. A copy of all supporting documentation for vendor payments; 6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer. The State may require any other information from Subrecipient that the State deems necessary to verify that the services have been rendered under this Agreement. Page 25 of 60 Page 78 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.:I0124 C. Subrecipient's invoice and all documentation necessary to support payment requests must be submitted into DEO's Subrecipient Management Reporting Application (SERA). Further instruction on SERA invoicing and reporting, along with a copy of the invoice template, will be provided upon execution of the Agreement. — Remainder of this page is intentionally left blank — Page 26 of 60 Page 79 of 895 CL C c W c U) U O 0 E LO rn 00 0 0 00 a) 0) ca o � H � w u 0 O � w o A � U 0 H za U �+ �z u U � z a � O v.c�,, i U S"„ v bfi � .. U O Icy O ter; � '�n i ti � � � � � � Q � dW � � � G y s" W v bf sa y �� y •+v O bJJ b1J y p O t z R Q bf 7 O • m L' -i • m bA bA , v � U Gni m '� P C/) +� ►-� j� u .-- Cn N M FM M A LO rn 00 0 0 00 a) 0) ca ■ � a CL / / U) 0 \ ) { , c f � § Q \ k 3 / ) ; $ a @ « + .j \ ,\\ \ y y .§ 2 / ° \ \ \\ \ \ a � o ) / � / \ ƒ4-4 0 \ P- / � e \ ) { , c f � § Q \ 3 % ) ; $ a @ « + m 2 0 0 oo ¢ 7 C13 0- 2 I a C W c [n U O 0 E. LO 07 00 4- 0 N 00 a) 0) C13 0- � •� -o Www U v f� bA � � b w v U o F, v c� y v A L." 0 U v A T O C) WA � y 4.4 LO 07 00 4- 0 N 00 a) 0) C13 0- DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment D — Program and Special Conditions The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion pursuant to the activity work plan. If the Subrecipient does not comply with the activity work plan schedule, a justification for the delay and a plan for timely accomplishment shall be submitted to DEO within 21 calendar days of receiving DEO's request for justification for the delay. Any project for which the Subrecipient has not completed the activities listed in the Activity Work Plan may be rescinded unless DEO agrees that the Subrecipient has provided adequate justification for the delay. 2. The Subrecipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the budget/activity line items as defined in the Project Detail Budget and Activity Work Plan. 3. The Subrecipient shall request DSO's approval for all professional services contracts and/or agreements that will be reimbursed with CDBG-MIT funds. Copies of the following procurement documents must be provided to DEO for review: a. When publication of a Request for Proposal (RFP) is used as a means of solicitation, a copy of the advertisement, including an affidavit of publication; b. DEO will either approve the procurement or notify the Subrecipient that the procurement cannot be approved because it violates State, Federal or local procurement guidelines. The Subrecipient shall notify DEO in writing no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional services or if it will be using non-CDBG-MIT funds to pay for professional services. 4. Prior to the obligation or disbursement of any funds, except for administrative expenses and not to exceed $5000, the Subrecipient shall complete the following: a. Submit for DEO's approval the documentation required in paragraph 3 above for any professional services contract. The Subrecipient proceeds at its own risk if more than the specified amount is incurred before DEO approves the procurement. If DEO does not approve the procurement of a professional services contract, the local government will not be able to use CDBG-MIT funds for that contract beyond $5,000. b. Comply with 24 CFR part 58 and the regulations implementing the National Environmental Policy Act, 40 CFR §� 1500-1508. When the Subrecipient has completed the environmental review process, it shall submit a Request for Release of Funds and Certification. DEO will issue an Authority to Use Grant Funds (form HUD -7015.16) when this condition has been fulfilled to the satisfaction of DEO. If DEO has not issued an Authoritv to use Grant Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall provide the Subrecipient a written update regarding the status of the review process. SUBRECIPIENT SHALL NOT BEGIN CONSTRUCTION BEFORE DEO HAS ISSUED THE "AUTHORITY TO USE GRANT FUNDS." 5. The Subrecipient agrees to comply ,"pith the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 5� 4601-4655; hereinafter, the "URA"), implementing regulations at 24 CFR part 42, 49 CFR part 24 and 24 CFR § 570.606(b), the requirements of 24 CFR § 42.325 — 42.350 governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. § 5304(d)), and the requirements in 24 CFR 5 570.606(d), governing optional relocation assistance policies. 6. If the Subrecipient undertakes any activity subject to the URA, the Subrecipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition, including a notice to property owners of his or her rights under the URA, an invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement costs, copy of deed, waiver of rights (for donations), as applicable. The documentation shall be submitted prior to completing the acquisition (closing) so that DEO can Page 30 of 60 Page 83 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 determine whether remedial action may be needed. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR § 570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation, demolition, or conversion for a CDBG-assisted project. 7. The Subrecipient shall timely submit completed forms for all prime and subcontractors as required by this Agreement, DEO, HUD, and applicable, regulations and guidance laws, specifically including but not limited to: a. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); b. Section 3 Participation Report (Construction Prime Contractor); c. Certification Regarding Debarment, Suspension, Ineligibilitj- and Voluntary Exclusion (Subcontractor), (if applicable); and d. Section 3 Participation Report (Construction Subcontractor), (if applicable). 8. In addition, each construction contract or agreement for new or replacement housing must contain language that requires the contractor to meet the Green Building Standard for Replacement and New Construction of Residential Housing, as defined in the Allocation notice published in the Federal Register Volume 81, Number 224 on Monday, November 21, 2016. For each Request for Funds (RFF) that includes reimbursement of construction costs, the Subrecipient shall provide a copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a comparable form approved by DEO, signed by the contractor and inspection engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by DEO. For each RFF that includes construction costs, the Subrecipient shall provide a copy of AIA form G702, or a comparable form approved by DEO, if applicable, signed by the contractor and the local building inspector or housing specialist and a copy of form G703, or a comparable form approved by DEO, if applicable. 10. For each project, when the Subrecipient issues the Notice to Proceed to the contractor(s), copies of the following documents shall be sent to DEO: a. Notice to Proceed; b. The contractor's performance bond (100 percent of the contract price); and c. The contractor's payment bond (100 percent of the contract price). 11. The Subrecipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to 24 CFR § 570.487(b). 12. The Subrecipient shall ensure that a deed restriction is recorded on any real property or facility, excluding easements, acquired with CDBG-MIT funds. This restriction shall limit the use of that real property or facility to the use stated in the subgrant application and that title shall remain in the name of the Subrecipient. Such deed restriction shall be made a part of the public records in the Clerk of Court of the county in which the real property is located. Any future disposition of that real property shall be in accordance with 24 CFR § 570.505. Any future change of use of real property shall be in accordance with 24 CFR § 570.489(j). 13. The Subrecipient shall comply with the historic preservation requirements of the National Historic Preservation Act of 1966, as amended, the procedures set forth in 36 CFR part 800, and the Secretary of the Interior's Standards for Rehabilitation, codified at 36 CFR 67, and Guidelines for Rehabilitating Historic Buildings. 14. Pursuant to section 102(b), Public Law 101-235, 42 U.S.C. § 3545, the Subrecipient shall update and submit Form HUD 2880 to DEO within thirty (30) calendar days of the Subrecipient's knowledge of changes in situations which would require that updates be prepared. The Subrecipient must disclose: a. All developers, contractors, consultants and engineers involved in the application or in the planning, development or implementation of the project or CDBG- MIT -funded activity; and Page 31 of 60 Page 84 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 b. Any person or entity that has a financial interest in the projector activity that exceeds $50,000 or 10 percent of the grant, whichever is less. 15. If required, the Subrecipient shall submit a final Form HUD 2880, to DEO with the Subrecipient's request for administrative closeout, and its absence or incompleteness shall be cause for rejection of the administrative closeout. 16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR 5 570.489(g). Title 24 CFR � 570.489(h) shall apply in all conflicts of interest not governed by 24 CFR � 570.489(g), such as those relating to the acquisition or disposition of real property; CDBG-MIT financial assistance to beneficiaries, businesses or other third parties; or any other financial interest, whether real or perceived. Additionally, the Subrecipient agrees to comply with, and this Agreement is subject to, Chapter 112 F.S. 17. Any payment by the Subrecipient using CDBG-MIT fiends for acquisition of any property, right -of- ovay, or easement that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 shall be approved in writing by DEO prior to distribution of the funds. Should the Recipient fail to obtain DEO pre - approval, any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with CDBG-MIT funds. 18. The Subrecipient shall take photographs or video of all activity locations prior to initiating any construction. As the construction progresses, additional photography or videography shall document the ongoing improvements. Upon completion of construction, final documentation of the activity locations will be provided to DEO vidl the administrative closeout package for this Agreement. 19. If an activity is designed by an engineer, architect or other licensed professional, it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package and a copy of the certification shall be submitted with the administrative closeout package. Page 32 of 60 Page 85 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment E — State and Federal Statutes, Regulations, and Policies The CDBG-MIT funds available to the Subrecipient through this agreement constitute a subaward of DSO's Federal award under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR part 200. This agreement includes terms and conditions of DSO's Federal award that are imposed on the Subrecipient and the Subrecipient agrees to carry out its obligations in compliance with all of the obligations described in this Agreement. The Subrecipient agrees to, and, by signing this Agreement, certifies that, it will comply with all applicable provisions of the Housing and Community Development Act of 1974, as amended, and the regulations at 24 CFR part 570, as modified by the Federal Register notices that govern the use of CDBG-MIT funds available under this agreement. These Federal Register notices include, but are not limited to, Federal Register Guidance Vol. 84, No. 169/Friday, August 30, 2019/Notices Vol. 81 No. 224/Monday November 21, 2016/Notices, Volume 83, No. 28/Friday, February 9, 2018/Notices, Volume 82, No. 11/Wednesday, January 18, 2017/Notices, Volume 82, No. 150/Monday, August 7, 2017/Notices, and Vol. 83, No. 157/Tuesday, August 14, 2018/Notices. Notwithstanding the foregoing, (1) the Subrecipient does not assume any of DSO's responsibilities for environmental review, decision-making and action, described in 24 CFR part 58 and (2) the Subrecipient does not assume any of DEO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient shall also comply with all other applicable Federal, state and local laws, regulations and policies as now in effect and as may be amended from time to time that govern the use of the CDBG-MIT funds in complying with its obligations under this agreement, regardless of whether CDBG-MIT funds are made available to the Subrecipient on an advance or reimbursement basis. The Subrecipient also agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient further agrees to comply with all other applicable Federal, State, and local laws, regulations and policies governing the funds provided under this Agreement, including, but not limited to the following: 1. State of Florida Requirement State of Florida Requirements are stated throughout this Agreement and Attachments thereto. 2. Audits, Inspections and Monitoring a. Single Audit The Subrecipient must be audited as required by 2 CFR part 200, subpart F when it is expected that the Subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in §200.501 Audit requirements. b. Inspections and Monitoring The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's records and financial statements as necessary for DEO to meet the requirements of 2 CFR part 200. The Subrecipient must submit to monitoring of its activities by DEO as necessary to ensure that the subaward is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of this agreement. This review must include: (1) Reviewing financial and performance reports required by DEO; (2) Following up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the Subrecipient from DEO detected through audits, on-site reviews, and other means; and (3) Issuing a management decision for audit findings pertaining to this Federal award provided to the Subrecipient from DEO as required by 2 CFR §200.521. Page 33 of 60 Page 86 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Corrective Actions The Subrecipient shall be subject to reviews and audits by DEO, including onsite reviews of the Subrecipient as may be necessary or appropriate to meet the requirements of 42 U.S.C. 5304(e) (2). DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require the Subrecipient to take timely and appropriate action on all deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through entity detected through audits, on-site. DEO may impose additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. 3. Drug -Free Workplace Subrecipients must comply with drug-free workplace requirements in Subpart B of part 2429, which adopts the government -wide implementation (2 CFR part 182) of sections 5152-5158 of the Drug -Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-707). 4. Procurement and Contractor Oversight The Subrecipient shall comply with the procurement standards in 2 CFR §200.318 - 5200.327 when procuring property and services under this agreement. The Subrecipient shall impose the Subrecipient's obligations under this agreement on its contractors, specifically or by reference, so that such obligations will be binding upon each of its contractors. The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities, specifically including, 24 CFR 570.609 or 24 CFR 570.489, as applicable. CDBG funds may not be provided to excluded or disqualified persons. The Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any procured contract or agreement, its contractors perform according to the terms and conditions of the procured contracts or agreements, and the terms and conditions of this agreement. To check for debarred or suspended entities, please visit htips://w%vw.s-,tm.gov/SAM/ 5. Property Standards Real property acquired by the Subrecipient under this agreement shall be subject to 24 CFR 570.489(j) and 24 CFR 570.2000). The Subrecipient shall also comply with the Property Standards at 2 CFR 200.310, 2 CFR 200.312, 2 CFR 200.314 through 2 CFR 200.316. The Subrecipient shall also comply with 2 CFR 200.313 Equipment, except that when the equipment is sold, the proceeds shall be program income and equipment not needed by the Subrecipient for activities under this agreement shall be transferred to DEO for its CDBG-MIT program or shall be retained after compensating DEO. The Subrecipient shall also comply with the Property Standards in 2 CFR 200.310 through 2 CFR 200.316, except to the extent they are inconsistent with 24 CFR 570.200(j) and 24 CFR 570.489(j), in which case Subrecipient shall comply with 24 CFR 570.200(j) and 24 CFR 570.489(j), except to the extent that proceeds from the sale of equipment are program income and subject to the program income requirements under this agreement, pursuant to 24 CFR 570.489 (e) (1) (ii). 6. Federal Funding Accountability and Transparenc,r Act FFATA) The Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award Management (SAM). The Subrecipient must have an active registration in SAM, httl2s://waTNv.sam.gov/SAM/ in accordance with 2 CFR part 25, appendix A, and must have a Data Universal Numbering System (DUNS) number https://fedgov.dnb.com/webform/ The Subrecipient must also comply with provisions of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation, 2 CFR part 170 Reporting Subaward and Executive Compensation Information. 7. Relocation and Real Property Acquisition The Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), 42 USC 4601 — 4655, 49 CFR part 24, 24 CFR part 42, and 24 CFR 570.606. Page 34 of 60 Page 87 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.: I0124 In addition to other URA requirements, these regulations (49 CFR § 24.403(d)) implement Section 414 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC § 5181, which provides that "Notwithstanding any other provision of law, no person otherwise eligible for any kind of replacement housing payment under the URA shall be denied such eligibility as a result of his being unable, because of a major disaster as determined by the President, to meet the occupancy requirements set by such Act". S. Non-discrimination a. 24 CFR Part 6 The Subrecipient will comply with 24 CFR part 6, which implements the provisions of section 109 of title I of the Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309). Section 109 provides that no person in the United States shall, on the ground of race, color, national origin, religion or sex, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with Federal financial assistance. The Subrecipient will adhere to the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (Section 504). Section 109 of the HCDA makes these requirements applicable to programs or activities funded in whole or in part with CDBG-MIT funds. Thus, the Subrecipient shall comply with regulations of 24 CFR part 8, which implement Section 504 for HUD programs, and the regulations of 24 CFR part 146, which implement the Age Discrimination Act for HUD programs. b. Architectural Barriers Act and the Americans with Disabilities Act The Subrecipient shall ensure that its activities are consistent with requirements of Architectural Barriers Act and the Americans with Disabilities Act. The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. A building or facility designed, constructed or altered with funds allocated or reallocated under this part after December 11, 1995 and meets the definition of "residential structure" as defined in 24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151- 4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6, for general type buildings). The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services and telecommunications. It further provides that discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable—that is, easily accomplishable and able to be carried out without much difficulty or expense. c. State and Local Nondiscrimination Provisions The Subrecipient must comply with the Florida Small and Minority Business Assistance Act (5§ 288.703-288.706, F.S.); Title VI of the Civil Rights Act of 1964 (24 CFR part 1) (1) General Compliance The Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88- 352), as amended. No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity funded by this agreement. The specific nondiscrimination provisions at 24 CFR 1.4 apply to the use of these funds. The Subrecipient shall not intimidate, threaten, coerce or discriminate against any person for the purpose of interfering with any right or privilege secured by title VI of the Civil Rights Act of 1964 or 24 CFR part 1, or because he has made a complaint, testified, assisted or participated in any manner in an investigation, proceeding or hearing under 24 CFR part 1. The identity of complainants shall Page 35 of 60 Page 88 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 be kept confidential except to the extent necessary to carry out the purposes of 2 CFR part 1, including the conduct of any investigation, hearing or judicial proceeding arising thereunder. (2) Assurances and Real Property Covenants As a condition to the approval of this Agreement and the extension of any Federal financial assistance, the Subrecipient assures that the program or activities described in this Agreement will be conducted and the housing, accommodations, facilities, services, financial aid or other benefits to be provided will be operated and administered in compliance with all requirements imposed by or pursuant to this part 1. If the Federal financial assistance under this agreement is to provide or is in the form of personal property or real property or interest therein or structures thereon, the Subrecipient's assurance herein shall obligate the Subrecipient or, in the case of a subsequent transfer, the transferee, for the period during which the property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the recipient retains ownership or possession of the property, whichever is longer. In all other cases, the assurance shall obligate the Subrecipient for the period during which Federal financial assistance is extended pursuant to the contract or application. This assurance gives DEO and the United States a right to seek judicial enforcement of the assurance and the requirements on real property. In the case of real property, structures or improvements thereon, or interests therein, acquired with Federal financial assistance under this Agreement or acquired with CDBG-MIT funds and provided to the Subrecipient under this Agreement, the instrument effecting any disposition by the Subrecipient of such real property, structures or improvements thereon, or interests therein, shall contain a covenant running with the land assuring nondiscrimination for the period during which the real property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If the Subrecipient receives real property interests or funds or for the acquisition of real property interests under this Agreement, to the extent that rights to space on, over, or under any such property are included as part of the program receiving such assistance, the nondiscrimination requirements of this part 1 shall extend to any facility located wholly or in part in such space. d. Affirmative Action (1) Approved Plan The Subrecipient agrees that it shall carry out pursuant to DEO's specifications an Affirmative Action Program in compliance with the President's Executive Order 11246 of September 24, 1966, as amended, and implementing regulations at 42 CFR 60. DEO shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the release of funds under this agreement. (2) Women- and Minority -Owned Businesses (W/MBE) The Subrecipient shall take the affirmative steps listed in 2 CFR 200.321(b)(1) through (5) to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible when the Subrecipient procures property or services under this agreement. (3) Notifications The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. Page 36 of 60 Page 89 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Labor and Employ Labor Standards The Subrecipient shall comply with the in labor standards in Section 110 of the Housing and Community Development Act of 1974, as amended and ensure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with assistance received under this agreement shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis- Bacon Act, as amended (40 U.S.C. 3141, et seg.) and 29 CFR part 1, 3, 5, 6 and 7, provided, that this requirement shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. The Subrecipient agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C. 874) and its implementing regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The Subrecipient shall maintain documentation that demonstrates compliance with applicable hour and wage requirements. Such documentation shall be made available to DEO for review upon request. 10. Section 3 of the Housing and Urban Development Act of 1968 a. Low -Income Person Definition A low-income person, as this term is defined in Section 3 (b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher and or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low—income families; or (ii) A very low- income person, as this term is defined in Section 3(b) (2) of the 1937 Act (42 U.S.C. 1437 a(b) (2)). Section 3(b) (2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. b. Compliance The Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968, as amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 135. The Subrecipient shall include the following "Section 3 clause" at 24 CFR 135.38 in every "Section 3 covered contract" (as defined in 24 CFR 135.5). (1) The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (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. (2) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments 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. (3) The contractor 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 contractor will not subcontract with any subcontractor where the Page 37 of 60 Page 90 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. (4) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor 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 contractor's obligations under 24 CFR part 135.F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (5) Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. (6) With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). c. Thresholds A. Recipients of HUD federal financial assistance shall meet the following hiring and contract numerical goals to achieve compliance with Section 3 as found at 24 CFR 135.30 (Numerical goals for meeting the greatest extent feasible requirement.) B. Recipients of Section 3 covered community development assistance, and their contractors and subcontractors (unless the contract or subcontract awards do not meet the threshold specified in Section 135.3(a)(3)) may demonstrate compliance with the requirements of this part by committing to employ Section 3 residents as: 1. 10 percent of the aggregate number of new hires for the one-year period beginning in FY 1995; 2. 20 percent of the aggregate number of new hires for the one-year period beginning in FY 1996; and 3. 30 percent of the aggregate number of new hires for the one-year period beginning in FY 1997 and continuing thereafter. C. Contracts. Numerical goals set forth in paragraph (c) of this section apply to contracts awarded in connection with all Section 3 covered projects and Section 3 covered activities. Each recipient and contractor and subcontractor (unless the contract or subcontract awards do not meet threshold specified in Section 135.3(l (3)) may demonstrate compliance with the requirements of this part by committing to award to Section 3 business concerns: 1. At least 10 percent of the total dollar amount of all Section 3 covered contracts for building trades work for maintenance, repair, modernization or development of public or Indian housing, or for building trades work arising in connection with housing rehabilitation, housing construction and other public construction; and 2. At least three (3) percent of the total dollar amount of all other Section 3 covered contracts. 11. Conduct a. Hatch Act The Subrecipient shall comply with the Hatch Act, 5 USC 1501 — 1508, and shall ensure that no funds provided, nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. b. Conflict of Interest In the procurement of supplies, equipment, construction, and services pursuant to this agreement, the Subrecipient shall comply with the conflict of interest provisions in DSO's procurement policies and procedures. In all cases not governed by the conflict of interest provisions in DEO's procurement policies and procedures, the Subrecipient shall comply with the conflict of interest provisions in 24 CFR 570.489(h). c. Lobbving Certification Page 38 of 60 Page 91 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 The Subrecipient hereby certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) The language of paragraph (i) through (iv) of this certification be included in the award documents for all subaNvards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly; and (4) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is required by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Religious Activities The Subrecipient agrees that funds provided under this agreement shall not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship, religious instruction, or proselytization. Equal Treatment for Faith -Based Organizations. Prohibits any State or local government receiving funds under any Department program, or any intermediate organization with rile same duties as a governmental entity, from discriminating for or against an organization on the basis of the organization's religious character or affiliation. Prohibits religious organizations from engaging in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the programs or services funded with direct financial assistance. Prohibits an organization that participates in programs funded by direct financial assistance from the Department, in providing services, from discriminating against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Any restrictions on the use of grant funds shall apply equally to religious and non -religious organizations. Environmental Conditions (1) Prohibition on Choice Limiting Activities Prior to Environmental Review The Subrecipient must comply with the limitations in 24 CFR 58.22 even though the Subrecipient is not delegated the requirement under Section 104(8) of the HCD Act for environmental review, decision- making and action (see 24 CFR part 58) and is not delegated DEO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. 24 CFR 58.22 imposes limitations on activities pending clearance and specifically limits commitments of HUD funds or non -HUD funds by any participant in the development process before completion of the environmental review. A violation of this requirement may result in a prohibition on the use of Federal funds for the activity. If DEO has not issued an Authority to Use Grant Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall provide the Subrecipient a written update regarding the status of the review process. (2) Air and Water The-Subrecipient shall comply with the following requirements insofar as they apply to the performance of this agreement: (a) Air quality. (1) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended; particularly section 176(c) and (d) (42 U.S.C. 7506(c) and (d)); and (2) Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency -40 CFR parts 6, 51, and 93); and (b) Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, including the requirements specified in Section 114 and Section 308 of the Federal Water Pollution Control Act, as amended, and all regulations and guidelines issued thereunder. Page 39 of 60 Page 92 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 (c) The Clean Air and Water Act: If this Contract is in excess of $100,000, Contractor shall comply with all applicable standards, orders or regulations issued under the Clean Air Act, as amended, 42 U.S.C. 7401, Section 508 of the Clean Water Act, as amended, 33 U.S.C. 1368, et seq., Executive Order 11738 and Environmental Protection Agency regulations. Contractor shall report any violation of the above to DEO. (d) Energy Efficiency: Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State of Florida's energy conservation plan issued in compliance with the Energy Policy and Conservation Act, Pub. L. 94-163. (3) Flood Disaster Protection The Subrecipient shall comply with the mandatory flood insurance purchase requirements of Section 102 of the Flood Disaster Protection Act of 1973, as amended by the National Flood Insurance Reform Act of 1994, 42 USC 4012a. Additionally, the Subrecipient shall comply with Section 582 of the National Flood Insurance Reform Act of 1994, as amended, (42 U.S.C. 5154a), which includes a prohibition on the provision of flood disaster assistance, including loan assistance, to a person for repair, replacement or restoration for damage to any personal, residential, or commercial property if that person at any time has received Federal flood disaster assistance that was conditioned on the person first having obtained flood insurance under applicable Federal law and the person has subsequently failed to obtain and maintain flood insurance as required under applicable Federal law on such property. Section 582 also includes a responsibility to notify property owners of their responsibility to notify transferees about mandatory flood purchase requirements. More information about these requirements is available in the Federal Register notices governing the CDBG- MIT award and listed at the beginning of this Attachment. (4) Lead -Based Paint The Subrecipient shall follow DSO's procedures with respect to CDBG assistance that fulfill the objectives and requirements of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, ], K, and R of this title. (5) Historic Preservation The Subrecipient shall comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended, codified in title 54 of the United States Code, and the procedures set forth in 36 CFR part 800 insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list. (6) Additional Regulations (a) The Temporary Assistance for Needy Families Program (`TANF"), 45 CFR Parts 260-265, the Social Services Block Grant ("SSBG"), 42 U.S.C. 1397d, and other applicable federal regulations and policies promulgated thereunder. (b) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681, et seq., which prohibits discrimination on the basis of sex in educational programs. (c) Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs. (d) The Pro -Children Act: Contractor agrees to comply with the Pro -Children Act of 1994, 20 U.S.C. 6083. Failure to comply with the provisions of the law may result in the imposition of civil monetary penalty up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. This clause is applicable to all approved sub -contracts. In compliance with Public Law (Pub. L.) 103-277, the Contract shall not permit smoking in any portion of any indoor facility used for the provision of federally funded services including health, day care, early childhood development, education or library services on a routine or regular basis, to children up to age 18. (e) Public Announcements and Advertising: When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with federal money, Contractor shall clearly state (1) the percentage of the total costs of the program or project which will be financed with federal money, (2) the dollar amount of federal funds for the project Page 40 of 60 Page 93 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. (f) Purchase of American -Made Equipment and Products: Contractor assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American-made. (g) The Consolidated Appropriations Act, 2010, Division E, Section 511 (Pub. L. 111-117), which prohibits distribution of federal funds made available under the Act to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries. The Continuing Appropriations Act, 2011, Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are available under the conditions provided by Pub. L. 111-117. (h) Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) — If this Contract involves federal funding in excess of $2,000 for construction contracts or in excess of $2,500 for other contracts that involve the employment of mechanics or laborers, compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR Part 5) is required. Under section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (i) Resource Conservation and Recovery Act (RCRA). Under RCRA (Pub. L. 94-580 codified at 42 U.S.C. 6962), state and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal awards or other Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. (j) Immigration Reform and Control Act. Contractor shall comply with the requirements of the Immigration Reform and Control Act of 1986, which requires employment verification and retention of verification forms for any individuals hired who will perform any services under the contract. When it is determined that the Subrecipient is in non-compliance with federal or state program requirements, the State may impose any of the additional conditions and/or requirements outlined in 2 CFR � 200.207. Page 41 of 60 Page 94 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment F — Civil Rights Compliance Fair Housing As a condition for the receipt of CDBG-MIT fiends, each Subrecipient must certify that it will "affirmatively further fair housing" in its community. A Subrecipient shall demonstrate its commitment to affirmatively further fair housing by implementing the actions listed below. Each Subrecipient shall do the following: 1. Have in place a fair housing resolution or ordinance that covers all Federally protected classes (race, color, familial status, handicap, national origin, religion and sex); 2. Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive fair housing calls; 3. Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask fair housing questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; 4. Establish a system to record the following for each fair housing call: a) The nature of the call, b) The actions taken in response to the call, c) The results of the actions taken and d) If the caller was referred to another agency, the results obtained by the referral agency; 5. Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall not be conducted in consecutive quarters; and 6. Display a fair housing poster in the CDBG-MIT Office. (This does not count as a fair housing activity.) The Subrecipient shall ensure that the fair housing contact person has received training so that he/she can handle fair housing phone inquiries or refer the inquiries to the appropriate people/ agencies. Records maintained by the contact will help the community do the following: 1. Define where discriminatory practices are occurring, 2. Help the community measure the effectiveness of its outreach efforts, and 3. Provide the community with a means to gain information that can be used to design and implement strategies that ;611 eliminate fair housing impediments. Examples of fair housing activities include the following: 1. Making fair housing presentations at schools, civic clubs and neighborhood association meetings; 2. Conducting a fair housing poster contest or an essay contest; 3. Manning a booth and distributing fair housing materials at libraries, health fairs, community events, yard sales and church festivals; and 4. Conducting fair housing workshops for city/county employees, realtors, bank and mortgage company employees, insurance agents and apartment complex owners. Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity; however, mailing a DEO- approved fair housing brochure as an insert with utility bills will be accepted as an activity. Placing posters in public buildings does not meet the requirement for a fair housing activity. The Subrecipient shall document its fair housing activities by keeping photographs, newspaper articles, sign -in sheets and copies of handouts in their CDBG-MIT project file and include information about the activities in the comment section of each quarterly report. Page 42 of 60 Page 95 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Equal Employment Opportunity As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it and the contractors, subcontractors, subrecipients and consultants that it hires with CDBG-MIT funds will abide by the Equal Employment Opportunity (EEO) Laws of the United States. A Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. Each Subrecipient shall do the following: 1. Have in place an equal employment opportunity resolution or ordinance that protects its applicants and employees and the applicants and employees of its contractors, subcontractors, subrecipients and consultants from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral and other aspects of employment, on the basis of race, color, religion, sex, national origin, disability, age or genetics; 2. Designate an employee as the EEO Coordinator who is available during regular business hours to receive EEO calls; 3. Publish the EEO Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask EEO questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; and 4. Establish a system to record the following for each EEO call: a) The nature of the call, b) The actions taken in response to the call and c) The results of the actions taken; 5. Each Subrecipient shall maintain a list of certified minority-owned business enterprises (MBE) and women - owned business enterprises (WBE) that operate in its region. The Subrecipient shall use this list to solicit companies to bid on CDBG-MIT-funded construction activities and shall provide a copy of the list to the prime contractor(s) to use when it hires subcontractors and consultants. The Department of Management Services maintains a list of certified minority- and women -owned businesses that can be used to develop a local MBE/WBE list at the following website: https://osd.dms.myflorida.com/directories. 6. Incorporate the Equal Employment Opportunity clause set forth in 41 CFR Part 60-1.4(b) into any contracts or subcontracts that meet the definition of "federally assisted construction contract" in 41 CFR 60-1.3. Section 504 and the Americans with Disabilities Act (ADA) As a condition for the receipt of CDBG-MIT funds, the Subrecipient must certify that it provides access to all federally funded activities to all individuals, regardless of handicap. The Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. The Subrecipient shall do the following: 1. Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who: a) Has a physical or mental impairment which substantially limits one or more major life activities, b) Has a record of such an impairment or c) Is regarded as having such an impairment; 2. Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours to receive Section 504/ADA calls; 3. Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask Section 504/ADA questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; and 4. Establish a system to record the following for each Section 504/ADA call: a) The nature of the call, b) The actions taken in response to the call and Page 43 of 60 Page 96 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 c) The results of the actions taken. Section 504 prohibitions against discrimination (see 45 CFR part 84) apply to service availability, accessibility, delivery, employment and the administrative activities and responsibilities of organizations receiving Federal financial assistance. A Subrecipient of Federal financial assistance may not, on the basis of disability: 1. Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs, services or other benefits, 2. Deny access to programs, services, benefits or opportunities to participate as a result of physical barriers, or 3. Deny employment opportunities, including hiring, promotion, training and fringe benefits, for which they are otherwise entitled or qualified. The ADA regulations (Title II, 28 CFR part 35, and Title III, 28 CFR part 36) prohibit discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. Title 11 covers all activities of state and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting and town meetings). State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision or speech disabilities. Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation and commercial facilities. Public accommodations are private entities who own, lease, lease to or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by Title III. Section 3 - Economic Opportunities for Low- and Very Low -Income Persons Each Subrecipient shall encourage its contractors to hire qualified low- and moderate -income residents for any job openings that exist on CDBG-MIT-fielded projects in the community. The Subrecipient and its contractors shall keep records to document the number of low- and moderate -income people who are hired to work on CDBG-MIT-funded projects. The number of low- and moderate -income residents who are hired to work of the project shall be reported in the comment section of the quarterly report. The following clause from 24 CFR § 135.38 is required to be included in CDBG-MIT-funded contracts of $100,000 or more. Section 3 Clause 1. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (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 Subrecipients of HUD assistance for housing. 2. The Parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or Page 44 of 60 Page 97 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 workers' representative of the contractor's commitments 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. 4. The contractor 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 contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor 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 contractor's obligations under 24 CFR part 135. 6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. § 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply vith Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). Civil Rights Regulations As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will abide by the following Federal laws and regulations: 1. Title VI of the Civil Rights Act of 1964 — Prohibits discrimination by government agencies that receive Federal funding; 2. Title VII of the Civil Rights Act of 1964 — prohibits employment discrimination on the basis of race, color, religion, sex or national origin; 3. Title VIII of the Civil Rights Act of 1968 — as amended (the Fair Housing Act of 1988); 4. 24 CFR § 570.487(b) — Affirmatively Furthering Fair Housing; 5. 24 CFR § 570.490(b) — Unit of general local government's record; 6. 24 CFR § 570.606(b) — Relocation assistance for displaced persons at URA levels; 7. Age Discrimination Act of 1975; S. Executive Order 12892 — Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing; 9. Section 109 of the Housing and Community Development Act of 1974 — No person shall be excluded from participation in, denied benefits of or subjected to discrimination under any program or activity receiving CDBG- MIT funds because of race, color, religion, sex or national origin; 10. Section 504 of the Rehabilitation Act of 1973 and 24 CFR part 8, which prohibits discrimination against people With disabilities; 11. Executive Order 11063 — Equal Opportunity in Housing; 12. Executive Order 11246 — Equal Employment Opportunity; and Page 45 of 60 Page 98 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.: I0124 13. Section 3 of the Housing and Urban Development Act of 1968, as amended — Employment/Training of Lower Income Residents and Local Business Contracting. I hereby certify that the City of Boynton Beach. Florida, shall comply with all of the provisions and Federal regulations listed in this Attachment F. Name: Title: Date: Remainder of this page is intentionally left blank — Page 46 of 60 Page 99 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment G — Reports The following reports must be completed and submitted to DEO in the time frame indicated below. Failure to timely file these reports constitutes an Event of Default, as defined in Paragraph (10) Default, of this Agreement. 1. Monthly Progress Report must be submitted to DEO ten (10) calendar days after the end of each month. 2. A Quarterly Progress Report must be submitted to DEO on forms to be provided by DEO no later than the 10,1, of every April, July, October and January. 3. A Contract and Subcontract Activity form, Form HUD -2516, currently available at https://vAvw.hud.gov/sites/documents/DOC_36660; which is incorporated herein by reference, must be submitted by April 15 and October 15 each year through the DEO's SERA reporting system. The form must reflect all contractual activity for the period, including Minority Business Enterprise and Woman Business Enterprise participation. If no activity has taken place during the reporting period, the form must indicate "no activity' The Subrecipient shall closeout its use of the CDBG-MIT funds and its obligations under this Agreement by complying with the closeout procedures in 2 CFR § 200.343. Activities during this close-out period may include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances and accounts receivable to the Subrecipient) and determining the custodianship of records. Notwithstanding the terms of 2 CFR 200.343, upon the expiration of this Agreement, the Subrecipient shall transfer to the recipient any CDBG-MIT funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG-MIT funds. Further, any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the Subrecipient in the form of a loan) shall be treated in accordance with 24 CFR 570.503(b)(7). 4. In accordance with 2 CFR part 200, should the Subrecipient meet the threshold for submission of a single or program specific audit, the audit must be conducted in accordance with 2 CFR part 200 and submitted to DEO no later than nine months from the end of the Subrecipient's fiscal year. If the Subrecipient did not meet the audit threshold, an Audit Certification Memo must be provided to DEO no later than nine months from the end of the Subrecipient's fiscal year. 5. A copy of the Audit Compliance Certification form, Attachment J, must be emailed to audit(cLdeo.mvflorida.com within sixty (60) calendar days of the end of each fiscal year in which this subgrant was open. 6. The Section 3 Summary Report, form HUD -60002, must be completed and submitted through DEO's SERA reporting system by July 31, annually. The form must be used to report annual accomplishments regarding employment and other economic opportunities provided to persons and businesses that meet Section 3 requirements. 7. Request for Funds must be submitted as required by DEO and in accordance with the Project Description and Deliverables, Project Detail Budget and Activity Work Plan. 8. All forms referenced herein are available online or upon request from DEO's grant manager for this Agreement Page 47 of 60 Page 100 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.: I0124 Attachment H — Warranties and Representations Financial Management The Subrecipient's financial management system must comply with the provisions of 2 CFR part 200 (and particularly 2 C.F.R 200.302 titled "Financial Management"), Section 218.33, F.S., and include the following: 1. Accurate, current and complete disclosure of the financial results of this project or program. 2. Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. 3. Effective control over and accountability for all funds, property and other assets. The Subrecipient shall safeguard all assets and assure that they are used solely for authorized purposes. 4. Comparison of expenditures with budget amounts for each Request for Funds (R -FF). Whenever appropriate, financial information should be related to performance and unit cost data. 5. Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 CFR part 200 (and particularly 2 CFR 200 Subpart E titled "Costs Principles") and the terms and conditions of this Agreement. 6. Cost accounting records that are supported by backup documentation. Competition All procurement transactions must follow the provisions of 2 CFR �§ 200.318-200.327 and be conducted in a manner providing full and open competition. The Subrecipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids or requests for proposals shall be excluded from competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror whose proposal is most advantageous to the program, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Subrecipient. Any and all bids or offers may be rejected if there is a sound, documented reason. Codes of Conduct The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer or agent shall participate in the selection, award or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee, officer or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in a tangible personal benefit from a firm considered for a contract. The officers, employees and agents of the Subrecipient shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts. The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers, employees or agents of the Subrecipient. (See 2 CFR � 200.318(c)(1).) Business Hours The Subrecipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. Licensing and Permitting All contractors or employees hired by the Subrecipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Subrecipient. Page 48 of 60 Page 101 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment I — Audit Requirements The administration of resources awarded by DEO to the Subrecipient may be subject to audits and/or monitoring by DEO as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F - Audit Requirements, and section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEO staff, limited scope audits as defined by 2 CFR X200.425, or other procedures. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by DEO staff to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED. This part is applicable if the Subrecipient is a state or local government or nonprofit organization as defined in 2 CFR X200.90, §200.64, and §200.70. A Subrecipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXHIBIT 1 to this form lists the federal resources awarded through DEO by this agreement. In determining the federal awards expended in its fiscal year, the Subrecipient shall consider all sources of federal awards, including federal resources received from DEO. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR ��200.502-503. An audit of the Subrecipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I, paragraph 1, the Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §200.508-512. 3. A Subrecipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If the Subrecipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources obtained from other than federal entities). PART II: STATE FUNDED. This part is applicable if the Subrecipient is a non -state entity as defined by Section 215.97(2), F.S. 1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such Subrecipient (for fiscal years ending June 30, 2017, and thereafter), the Subrecipient must have a state single or project -specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through DEO by this agreement. In determining the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial assistance, including state financial assistance received from DEO, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting Page 49 of 60 Page 102 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal vear and elects to have an audit conducted in accordance ,xith the provisions of section 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than state entities). PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to spec any additional audit requirements i1rcposed by the State awarding entity that are solei, a matter of that State awarding entity s policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 295.978), F.S., State agencies may conduct or arrange for audits of statefinancial assistance that are in addition to audits conducted in accordance with Section 295.97, ES. In such an event, the State awarding agency must arrange for finding the full cost of such additional audits.) N/A PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR � 200.512, by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR � 200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2 Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of the Subrecipient direcdv to each of the following: a.. DEO at each of the following addresses: Electronic copies (preferred): or Paper (hard copy): Audit&deo.myflorida.com Department Economic Opportunity MSC # 75, Caldwell Building 107 East Madison Street Tallahassee, FL 32399-4126 b. The Auditor General's Office at the following address: Auditor General Local Government Audits 342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (https://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. Page 50 of 60 Page 103 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 3. Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf of the Subrecipient directly to: Electronic copies (preferred): or Paper (hard copy): Auditkdeo.mvflorida.com Department Economic Opportunitv MSC # 75, Caldwell Building 107 East Madison Street Tallahassee, FL. 32399-4126 4 Any reports, management letters, or other information required to be submitted DEO pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Subrecipients, when submitting financial reporting packages to DEO for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Subrecipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or six (6) state fiscal years after all reporting requirements are satisfied and final payments have been received, whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access to such records upon request. The Subrecipient shall ensure that audit working papers are made available to DEO, or its designee, CFO, or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by DEO. In addition, if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the controlling period as identified above, whichever is longer. Page 51 of 60 Page 104 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Exhibit 1 to Attachment I — Funding Sources Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: Federal Awarding Agency: Federal Funds Obligated to Subrecipient: Catalog of Federal Domestic Assistance Title: Catalog of Federal Domestic Assistance Number: Project Description: This is not a research and development award. U.S. Department of Housing and Urban Development $571,611.00 Community Development Block Grants/State's Program and Non -Entitlement Grants in Hawaii 14.228 Funding is being provided for hardening the City of Boynton Beach's Fire Rescue Station No. 2, located at 2615 Woolbright Road. This 4 bay Fire Station was constructed in 2005 and built to the 2001 Building Code and 145 MPH wind load (3 second gust). The 10,619 square foot structure is classified IV (Essential Facilities) and has an exposure C. The walls are CBS and the roof is comprised of wooden trusses and covered with a barrel roof tile. Activities to mitigate wind damage consist of replacing the 8 overhead roll up garage bay doors for fire apparatus access to provide protection for the largest opening(s) in this critical facility ensuring rescue equipment is functional following a natural or man-made disaster. To properly mitigate the facility and its equipment from wind damage, the doors shall comply with the high -impact wind load testing and design factors; installation of hurricane strapping to secure exterior HVAC equipment; removing rust and painting generator enclosure; and replacement of existing light poles with code compliant poles to reduce the possibility of downed poles blocking fire apparatus entry/exit during and following natural disasters. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Federal Program 1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401- 290.048, F.S. 2. The Subrecipient shall perform its obligations in accordance with 24 CFR 5§ 570.480 — 570.497. 3. The Subrecipient shall perform the obligations as set forth in this Agreement, including any attachments or exhibits thereto. 4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and (3), F.A.C. 5. The Subrecipient shall be governed by all applicable laws, rules and regulations, including, but not necessarily limited to, those identified in Award Terms & Conditions and Other Instructions of the Subrecipient's Notice of Subgrant Award/Fund Availability (NFA). State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: N/_A Page 52 of 60 Page 105 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Matching Resources for Federal Programs: 'VIA Subject to Section 215.97, Florida Statutes: N/A Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows: N/A NOTE: Title 2 CFR § 200.331 and Section 215.97(5), F.S., require that the information about Federal Programs and State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Subrecipient. Page 53 of 60 Page 106 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment J — Audit Compliance Certification Email a copy of this form within 60 days of the end of each fiscal year in which this subgrant was open to audita;deo.myflorida.com. Subrecipient: FEIN: Subrecipient's Fiscal Year: Contact Name: Contact's Phone: Contact's Email: 1. Did the Subrecipient expend state financial assistance, during its fiscal year that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and the Department of Economic Opportunity (DEO)? ❑ Yes ❑ No If the above answer is yes, answer the following before proceeding to item 2. Did the Subrecipient expend $750,000 or more of state financial assistance (from DEO and all other sources of state financial assistance combined) during its fiscal year.; ❑ Yes ❑ No If yes, the Subrecipient certifies that it will timely comply with all applicable State single or project -specific audit requirements of Section 215.97, Florida Statutes and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and DEO? ❑ Yes ❑ No If the above answer is yes, also answer the following before proceeding to execution of this certification: Did the Subrecipient expend $750,000 or more in federal awards (from DEO and all other sources of federal awards combined) during its fiscal year? ❑ Yes ❑ No If yes, the Subrecipient certifies that it will timely comply with all applicable single or program -specific audit requirements of 2 CFR part 200, subpart F, as revised. By signing below, I certify, on behalf of the Subrecipient, that the above representations for items 1 and 2 are true and correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Tide of Authorized Representative Page 54 of 60 Page 107 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A7590E972A3A DEO Agreement No.: I0124 Attachment K — Subrecipient Enterprise Resource Application (SERA) Form Attachment K will be provided after execution of this Agreement Page 55 of 60 Page 108 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment L 2 CFR Appendix II to Part 200 - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards Appendix II to Part 200 - Contract Provisions for Non -Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non -Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319,12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non -Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to Page 56 of 60 Page 109 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR � 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply- with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended - Contracts and subg ants of amounts in excess of $150,000 must contain a provision that requires the non -Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated finds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award. (J) See 200.323 - Procurement of Recovered Materials. (l) See 200.216 - Prohibition on certain telecommunications and video surveillance services or equipment. (L) See 200.322 — Domestic Preferences for procurements. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020] Page 57 of 60 Page 110 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Attachment M State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant Disaster Recovery (CDBG-MIT) Subrogation Agreement This Subrogation and Assignment Agreement ("Agreement") is made and entered into by and between the City of Boynton Beach, Florida (hereinafter referred to as "Subrecipient"), and the State of Florida, Department of Economic Opportunity (hereinafter referred to as "DEO"). In consideration of Subrecipient's receipt of funds or the commitment by DEO to evaluate Subrecipient's application for the receipt of funds (collectively, the "Grant Proceeds") under the DEO Community Development Block Grant -Mitigation Program (the "CDBG-MIT Program") administered by DEO, Subrecipient hereby assigns to DEO all of Subrecipient's future rights to reimbursement and all payments received from any grant, subsidized loan, lawsuit or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency ("FEMA") or the Small Business Administration ("SBA") (singularly, a "Disaster Program" and collectively, the "Disaster Programs") that v -as the basis of the calculation of Grant Proceeds paid or to be paid to Subrecipient under the CDBG-MIT Program and that are determined in the sole discretion of DEO to be a duplication of benefits ("DOB") as provided in this Agreement. The proceeds or payments referred to in the preceding paragraph, whether they are from insurance, FE1vIA or the SBA or any other source, and whether or not such amounts are a DOB, shall be referred to herein as "Proceeds," and any Proceeds that arc a DOB shall be referred to herein as "DOB Proceeds." Upon receiving any Proceeds, Subrecipient agrees to immediately notify DEO who will determine in its sole discretion if such additional amounts constitute a DOB. If some or all of the Proceeds arc determined to be a DOB, the portion that is a DOB shall be paid to DEO, to be retained and/or disbursed as provided in this Agreement. The amount of DOB determined to be paid to DEO shall not exceed the amount received from the CDBG-MIT Program. Subrecipient agrees to assist and cooperate with DEO to pursue any of the claims Subrecipient has against the insurers for reimbursement of DOB Proceeds under any such policies. Subrecipient's assistance and cooperation shall include but shall not be limited to allowing suit to be brought in Subrecipient's name(s) and providing any additional documentation vith respect to such consent, giving depositions, providing documents, producing record and other evidence, testifying at trial and any other form of assistance and cooperation reasonably requested by DEO. Subrecipient further agrees to assist and cooperate in the attainment and collection of any DOB Proceeds that the Subrecipient would be entitled to under any applicable Disaster Program. If requested by DEO, Subrecipient agrees to execute such further and additional documents and instruments as may be requested to further and better assign to DEO, to the extent of the Grant Proceeds paid to Subrecipient under the CDBG-MIT Program, the Policies, any amounts received under the Mitigation Programs that are DOB Proceeds and/or any rights thereunder, and to take, or cause to be taken, all actions and to do, or cause to be done, all things requested by DEO to consummate and make effective the purposes of this Agreement. Page 58 of 60 Page 111 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 Subrecipient explicitly allows DEO to request of any company with which Subrecipient held insurance policies, or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving Proceeds, any non-public or confidential information determined to be reasonably necessary by DEO to monitor/enforce its interest in the rights assigned to it under this Agreement and give Subrecipient's consent to such company to release said information to DEO. If Subrecipient (or any lender to which DOB Proceeds are payable to such lender, to the extent permitted by superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to promptly pay such amounts to DEO, if Subrecipient received Grant Proceeds under the CDBG-MIT Program in an amount greater than the amount Subrecipient would have received if such DOB Proceeds had been considered in the calculation of Subrecipient's award. In the event that the Subrecipient receives or is scheduled to receive any subsequent Proceeds, Subrecipient shall pay such subsequent Proceeds directly to DEO, and DEO will determine the amount, if any, of such subsequent Proceeds that are DOB Proceeds ("Subsequent DOB Proceeds"). Subsequent Proceeds in excess of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB Proceeds shall be disbursed as follows: If the Subrecipient has received full payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be retained by DEO. If the Subrecipient has received no payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be used by DEO to reduce payments of the Grant Proceeds to the Subrecipient, and all Subsequent DOB Proceeds shall be returned to the Subrecipient. If the Subrecipient has received a portion of the Grant Proceeds, any Subsequent DOB Proceeds shall be used, retained and/or disbursed in the following order: (A) Subsequent DOB Proceeds shall first be used to reduce the remaining payments of the Grant Proceeds, and Subsequent DOB Proceeds in such amount shall be returned to the Subrecipient; and (B) any remaining Subsequent DOB Proceeds shall be retained by DEO. 4. If DEO makes the determination that the Subrecipient docs not qualify to participate in the CDBG- MIT Program or the Subrecipient determines not to participate in the CDBG-MIT Program, the Subsequent DOB Proceeds shall be returned to the Subrecipient, and this Agreement shall terminate. Once DEO has recovered an amount equal to the Grant Proceeds paid to Subrecipient, DEO will reassign to Subrecipient any rights assigned to DEO pursuant to this Agreement. Subrecipient represents that all statements and representations made by Subrecipient regarding Proceeds received by Subrecipient shall be true and correct as of the date of the signing of this Agreement. Warding: Any person who intentionally or knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729. — Remainder of this page is intentionally left blank — Page 59 of 60 Page 112 of 895 DocuSign Envelope ID: CF6BCA00-5851-4FOF-86AO-A759OE972A3A DEO Agreement No.: I0124 The person executing this Agreement on behalf of the Subrecipient hereby represents that he\she has received, read, and understands this notice of penalties for making a false claim or statement regarding Proceeds received by Subrecipient. In any proceeding to enforce this Agreement, DEO shall be entitled to recover all costs of enforcement, including actual attorney's fees. CITY OF BOYNTON BEACH, FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY By By Signature Steven Grant Title Mayor Title Date Date Page 60 of 60 Signature Meredith Ivev Chief of Staff Page 113 of 895 Consent Agenda 11/16/2021 Requested Action by Commission: Proposed Resolution No. R21-152 - Authorize the Mayor to sign all documents associated with the acceptance and grant agreement for the Edward Byrne Memorial Justice Assistance Grant (JAG) for $40,482 subject to the approval of the City Attorney. Explanation of Request: The U.S. Department of Justice, Office of Justice Programs, has awarded the Police Department a Justice Assistance Grant (JAG) for the 2021-2022 funding cycle in the amount of $40,482. This purchase will allow BBPD to complete implementation of the digital recording system in the interview rooms in the police department. Adigital recording system is required in order to conduct, record, preserve and manage interviews of individuals as evidence in police investigations. The Axon Interview software solution will be procured as a sole source item as it integrates directly with the "Evidence.com" Digital Evidence Management System that is already in use in the police department. Phase One of the digital recording system project was funded by the 2018 JAG grant. How will this affect city programs or services? This system allows for a more streamlined interview evidence collection process. It will provide the ability to store weeks of continuous video and audio from interviews while giving the police department the ability to bookmark, annotate, and comment on footage in real-time while maintaining a complete chain of custody. In addition, the recordings are maintained in the same system with any other Body Worn Camera video evidence, Taser Logs and/or image evidence for the ease of case preparation. Fiscal Impact: By accepting this award, the police department will receive $40,482 to fund Phase Two of the digital recording system to allow for a more efficient and effective interview evidence collection process. JAG awards previously accepted: FY18/19 $33,744 FY19/20 $34,740 FY 20/21 $32,298 Alternatives: Not approve this award and allocate funding from budget to do Phase Two of the project. Strategic Plan: Public Health and Safety Strategic Plan Application: N/A Page 114 of 895 Climate Action Application: N/A Is this a grant? Yes Grant Amount: $40,482.00 Attachments: Type D Resolution D Agir(::;eirneint Description 1::Resok.aO.Join acceptling Ul'ie DO,.) JAG Grant 2021 2022 ,J A G Award Page 115 of 895 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO SIGN ALL DOCUMENTS ASSOCIATED WITH THE ACCEPTANCE AND GRANT AGREEMENT FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) IN THE AMOUNT OF $40,482.00 SUBJECT TO THE APPROVAL OF THE CITY ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Police Department has been awarded $40,482.00 in grant funding for the Department of Justice funding cycle 2021 - 2022 Justice Assistance 14 Grant (JAG); and 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the grant funding will allow the Boynton Beach Police Department to complete implementation of the digital recording system in the interview rooms in the police department; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the Mayor to sign all documents associated with acceptance of the Department of Justice fiscal year 2021 Justice Assistance Grant (JAG) in the amount of $40,482.00 to complete implementation of the digital recording system in the interview rooms in the police department. 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\DOJ JAG Grant 2021-2022 - Reso.docx Page 116 of 895 29 authorize the Mayor to sign all documents associated with acceptance of the Department of 30 Justice fiscal year 2021 Justice Assistance Grant (JAG) in the amount of $40,482.00 to complete 31 implementation of the digital recording system in the interview rooms in the police 32 department, a copy of which is attached hereto as Exhibit "A". 33 Section 3. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 16th day of November, 2021. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 61 (Corporate Seal) 62 63 Mayor — Steven B. Grant Commissioner —Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga S:ACA\RESO\Agreements\Grants\DOJ JAG Grant 2021-2022 - Reso.docx VOTE YES NO Page 117 of 895 Funded Award Award Letter October 8, 2021 Dear Steven Grant, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by BOYNTON BEACH, CITY OF for an award under the funding opportunity entitled 2021 BJA FY 21 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $40,482. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. Congratulations, and we look forward to working with you. Maureen Henneberg Deputy Assistant Attorney General Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/Explore/LegaIOverview/CiviIRightsRequirements. htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service Page 118 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award population or have employment practices that meet equal -opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. Memorandum Regarding NEPA NEPA Letter Type OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. NEPA Coordinator First Name Orbin Middle Name Last Name Terry Page 119 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award Award Information False This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Recipient Information Recipient Name BOYNTON BEACH, CITY OF DUNS Number 072247133 ORI Number Street 1 PO BOX 310 Street 2 City BOYNTON BEACH State/U.S. Territory Florida Zip/Postal Code 33425 Country United States County/Parish Province Award Details Federal Award Date 10/8/21 Award Type Initial Award Number 15PBJA-2I-GG-01385-JAGX Supplement Number 00 Federal Award Amount $40,482.00 Funding Instrument Type Grant Assistance Listing Number 16.738 Assistance Listings Program Title Statutory Authority Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a). I have read and understand the information presented in this section of the Federal Award Instrument. Page 120 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award Project Information False This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Solicitation Title 2021 BJA FY 21 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Application Number GRANT13431787 Awarding Agency OJP Program Office BJA Grant Manager Name Tamaro White Phone Number 202-353-3503 E-mail Address Tamaro.White@ojp.usdoj.gov Project Title Boynton Beach police Interview Room project Performance Period Start Date 10/01/2020 Performance Period End Date 09/30/2024 Budget Period Start Date 10/01/2020 Budget Period End Date 09/30/2024 Project Description The Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. This JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety. I have read and understand the information presented in this section of the Federal Award Instrument. Page 121 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award Financial Information False This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. I have read and understand the information presented in this section of the Federal Award Instrument. Award Conditions False This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 1 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2021 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2021 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2021 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part2000niformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. Page 122 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 3 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2019, will satisfy this condition. In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2019, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. N Safe policing and law enforcement subrecipients If this award is a discretionary award, the recipient agrees that it will not make any subawards to State, local, college, or university law enforcement agencies unless such agencies have been certified by an approved independent credentialing body or have started the certification process. To become certified, law enforcement agencies must meet two mandatory conditions: (1) the agency's use of force policies adhere to all applicable federal, state, and local laws; and (2) the agency's use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by law. For detailed information on this certification requirement, see https://cops.usdoj.gov/SafePolicingEO. �1 Page 123 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 9 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801- 3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 7 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable Page 124 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e -CFR "current" data. 13 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 10 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. Page 125 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award 11 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 12 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 13 Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 14 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain Page 126 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%2OAward.html[10/21/2021 12:37:48 PM] Funded Award individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact- Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 15 Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high- risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. We Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 17 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. W'� .J Compliance with general appropriations -law restrictions on the use of federal funds (FY 2021) Page 127 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2021, are set out at https://ojp.gov/funding/Explore/FY2lAppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 19 Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list. 20 Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must -- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both -- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs Page 128 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E -Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E -Verify (www. e -verify. gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E -Verify (and follows the proper E -Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.13., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E -Verify should be directed to DHS. For more information about E -Verify visit the E -Verify website (https://www.e-verify.gov/) or email E -Verify at E-Verify@dhs.gov. E -Verify employer agents can email E -Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 21 Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or Page 129 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("su bg rants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 22 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. Page 130 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award 23 OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees- Subgrantees.htm. 24 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 25 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 26 Restrictions on "lobbying" Page 131 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%2OAward.html[10/21/2021 12:37:48 PM] Funded Award In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 27 Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. abol Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. Page 132 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%2OAward.html[10/21/2021 12:37:48 PM] Funded Award 29 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget - modification or change -of -project -scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. 30 Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by --(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 31 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Page 133 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%2OAward.html[10/21/2021 12:37:48 PM] Funded Award 32 Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 33 Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 34 Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 35 Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. Page 134 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award 36 Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 37 Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c) -(d). The recipient may not satisfy such a fine with federal funds. k16141 Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 39 Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with Page 135 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (i nternet- based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the 133A -funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 41 Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. LK "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination provisions The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance, the recipient must submit to OJP's Office for Civil Rights (at Civil Rig htsMOA@usdoj.gov) written Methods of Administration ("MOA") for subrecipient monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by another authorized federal agency), the recipient must make associated documentation available for review. The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award condition: "Methods of Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here. 43 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. Page 136 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award 44 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 45 Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any Page 137 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%2OAward.html[10/21/2021 12:37:48 PM] Funded Award interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. me All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF -425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 47 Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public. Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2020 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2020), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, Page 138 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at -risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. 50 If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual). 51 Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS-relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 52 Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. Page 139 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%2OAward.html[10/21/2021 12:37:48 PM] Funded Award 53 Certification of body armor "mandatory wear" policies If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic -resistant and stab -resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 54 Body armor - compliance with NIJ standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/technology/body- armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body -armor/ pages/ safety- initiative. aspx. 55 Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). 46i BJA- JAG - Withholding of Funds for Chief Executive Certification Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly -executed (as determined by OJP), and an Award Condition Modification has been issued to remove this condition. No more data to load Page 140 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Funded Award I have read and understand the information presented in this section of the Federal Award Instrument. Award Acceptance Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I -- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise. Agency Approval Title of Approving Official Deputy Assistant Attorney General Name of Approving Official Maureen Henneberg Signed Date And Time 9/16/21 7:31 PM Authorized Representative Entity Acceptance Title of Authorized Entity Official Mayor Signed Date And Time Page 141 of 895 file:///Gl/grants/21-22/2021%20JAG/JAG%20%20Award.html[10/21/2021 12:37:48 PM] Requested Action by Commission: Proposed Resolution No. R21-153 - Authorize the Mayor and associated with the acceptance and grant agreement for the U.S. Oriented Policing Services (COPS) Office 2021 Community Policing Training grant subject to the approval of the City Attorney. 6.C. Consent Agenda 11/16/2021 Police Chief to sign all documents Department of Justice, Community Development (CPD) De -Escalation Explanation of Request: The COPS Office has awarded the Police Department a Community Policing Development (CPD) De -Escalation Training grant for the 2021-2022 funding cycle in the amount of $99,500. This funding will allow the agency to seek an instructor to teach an enhanced de-escalation course to all officers within the agency. In addition, funding will cover overtime cost incurred for officers in training. This will assist in alleviating any shortages to shifts during the training periods. This is the first-time funding has been received from the COPS Office in this particular priority area. How will this affect city programs or services? De-escalation encompasses a wide range of options intended to allow first responders the time and distance to respond to an incident appropriately versus react to the situation as it develops. De-escalation training is currently infused into the departments annual training through dialogue and scenarios. Due to an influx in hiring and regular annual training it leaves little time for additional training tasks. Utilizing an outside vendor to instruct an in-depth de-escalation training course at the department will allow for the training to get done in a shorter time frame, instead of stretching the training days out for months to get all of the officers cycled through. Furthermore, this will alleviate the road patrol shift from running short and disrupting services to the community. Fiscal Impact: By accepting this award, the police department will receive $99,500 towards training in- depth de-escalation to officers. Alternatives: Do not accept the award and utilize operating funds for these services. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Yes Grant Amount: 99,500 Page 142 of 895 Attachments: Ty pe D Resolution D Ag ir(.n e rrie, in t Description FResolultion appiro%A ing acceptaince� of giraint foir de escalating trainiing Award Agireeirneird. Page 143 of 895 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZING THE MAYOR AND POLICE CHIEF TO SIGN ALL 5 DOCUMENTS ASSOCIATED WITH THE ACCEPTANCE AND 6 GRANT AGREEMENT FOR THE U.S. DEPARTMENT OF 7 JUSTICE COMMUNITY ORIENTED POLICING SERVICES 8 (COPS) OFFICE 2021 COMMUNITY POLICING DEVELOPMENT 9 (CPD) DE-ESCALATING TRAINING GRANT IN THE AMOUNT 10 OF $99,500.00 SUBJECT TO THE FINAL APPROVAL OF THE 11 CITY ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, The COPS Office has awarded the Police Department a Community Policing 15 Development (CPD) De -Escalation Training grant for the 2021-2022 funding cycle in the 16 amount of $99,500.00; and 17 WHEREAS, this funding will allow the agency to seek an instructor to teach an 18 enhanced de-escalation course to all officers within the agency and also cover overtime cost 19 incurred for officers in training; and 20 WHEREAS, upon recommendation of staff, the City Commission has determined that 21 it is in the best interests of the residents of the City to authorize the Mayor and Police Chief 22 to sign all documents associated with acceptance and grant agreement for the U.S. 23 Department of Justice, Community Oriented Policing Services (COPS) Office 2021 Community 24 Policing Development (CPD) De -Escalating Training grant subject to the final approval of the 25 City Attorney. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 27 BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption S:ACA\RESO\Agreements\Grants\DOJ COPS De-escalating Training Grant 2021-2022 - Reso.docx Page 144 of 895 30 hereof. 31 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 32 authorize the Mayor and Police Chief to sign all documents associated with acceptance and 33 grant agreement for the U.S. Department of Justice, Community Oriented Policing Services 34 (COPS) Office 2021 Community Policing Development (CPD) De -Escalating Training grant in 35 the amount of $99,500.00, subject to the final approval of the City Attorney, a copy of which 36 is attached hereto as Exhibit "A". 37 Section 3. This Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this 16th day of November, 2021. 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 ATTEST: 56 57 58 59 Crystal Gibson, MMC 60 City Clerk 61 62 63 (Corporate Seal) Mayor — Steven B. Grant Commissioner — Woodrow L. Hay Commissioner — Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga VOTE S:ACA\RESO\Agreements\Grants\DOJ COPS De-escalating Training Grant 2021-2022 - Reso.docx YES NO Page 145 of 895 11/2/21, 6:59 AM Award Letter October 12, 2021 Dear Michael Gregory, Funded Award On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Community Oriented Policing Services (the COPS Office) has approved the application submitted by BOYNTON BEACH, CITY OF for an award under the funding opportunity entitled 2021 Community Policing Development (CPD) De -Escalation Training Solicitation. The approved award amount is $99,500. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by the COPS Office, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. Congratulations, and we look forward to working with you. ROBERT CHAPMAN Acting Director Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice https://jjjustgrants.usdoj.gov/prweb/PRAuth/app/JGITS,_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW!!TABTHREAD2?pyActivity=PrintWork&Prompt=fats... 1/2 Page 146 of 895 11/2/21.6:59 AM Funded Award (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal -opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c) (5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. > Award Information > Project Information Financial Information > Other Award Documents > Award Conditions > Award Acceptance https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3vZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW"/ITABTHREAD2?pyActivity=PrintWork&Prompt=fats... 2/2 Page 147 of 895 11/2/21, 7:01 AM } Award Letter Award Information Funded Award This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 'Recipient Information Recipient Name BOYNTON BEACH, CITY OF DUNS Number ORI Number 072247133 Street 1 Street 2 PO BOX 310 City State/U.S. Territory BOYNTON BEACH Florida Zip/Postal Code Country 33425 United States County/Parish Province RMLAward Details Federal Award Date Award Type 10/12/21 Initial Award Number Supplement Number 15JCOPS-21-GG-02481-SPPS 00 Federal Award Amount Funding Instrument Type https:/Ijustgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW"/!TABTHREAD2?pyActivity=PrintWork&Prompt=fa!s... 1/2 Page 148 of 895 11/2/21, 7:01 AM $99,500.00 Funded Award Grant 16.710 Public Safety Partnership and Community Policing Grants Statutory Authority The Public Safety Partnership and Community Policing Act of 1994, 34 U.S.C. - 10381 et seq. I have read and understand the information presented in this section of the Federal Award Instrument > Project Information > Financial Information > Other Award Documents > Award Conditions > Award Acceptance https:lljustgrants.usdoj.gov/prweb/PRAuth/app/JGITS—l3yz6Bxxi—ir)DExTOT4XnAjzjAXmVNevVV*/!TABTHREAD2?pyActivity=PrintWork&Prompt=fals... 2/2 Page 149 of 895 11/2/21, 7:02 AM Award Letter Award Information --- Project Information Funded Award This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Solicitation Title Awarding Agency 2021 Community Policing Development COPS (CPD) De -Escalation Training Solicitation Application Number GRANT13427232 Grant Manager Name Phone Number TOINETTE MORGAN 202-616-7174 E-mail Address TONI.MORGAN-WHEELER@USDOJ.GOV Project Title City of Boynton Beach, FL De -Escalation Training Project Performance Period Start Date 09/01/2021 Budget Period Start Date 09/01/2021 Project Description Performance Period End Date 08/31/2023 Budget Period End Date 08/31/2023 The Boynton Beach Police Department proposes to use funding under this grant solicitation to provide de-escalation training by an outside trainer to fill the gab in knowledge or experience with various de-escalation strategies. De-escalation encompasses a wide range of options intended to allow first responders the time and https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW`/±TABTHREAD2?pyActivity=PrintWork&.Prompt=fais... 1/2 Page 150 of 895 11/2/21, 7:02 AM Funded Award distance to respond to an incident appropriately versus react to the situation as it develops. It is currently infused into the department's annual training through dialogue and scenarios. Currently, the department has two full-time highly qualified skilled officers assigned to the training unit specifically dedicated to training both senior officers and new officers starting in-service training. Due to a recent influx in hiring and regular annual training it leaves little time for additional training tasks. Utilizing an outside trainer to instruct an in-depth (8 -hour) de-escalation training course at the department will allow the instruction to get done in a shorter time frame, instead of stretching the training days out for months to get all of the officers cycled through. Furthermore, this will alleviate the road patrol shift from running short and disrupting services to the community. I have read and understand the information presented in this section of the Federal Award Instrument. > Financial Information > Other Award Documents > Award Conditions > Award Acceptance https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3vZ6Bxxi_IDDExTOT4XnAjzjAXmVNevW`/!TABTHREAD2?pyActivity=PrintWork&Prompt=fa!s... 212 Page 151 of 895 11/2/21, 7:03 AM > Award Letter > Award Information > Project Information ,-- Financial Information Funded Award This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. A financial analysis of budgeted costs has been completed. All costs listed in the approved budget below were programmatically approved based on the final proposed detailed budget and budget narratives submitted by your agency to the COPS Office. Any adjustments or edits to the proposed budget are explained below. Budget Clearance Date: 9/22/21 12:25 PM ILI Budget Category Proposed Budget Change Approved Budget Percentages Sworn Officer Positions $56,000.00 -$56,000.00 $0.00 Civilian or Non -Sworn Personnel $0.00 $0.00 $0.00 Travel $0.00 $0.00 $0.00 Equipment $0.00 $0.00 $0.00 Supplies $0.00 $0.00 $0.00 SubAwards $0.00 $0.00 $0.00 Procurement Contracts $43,500.00 $0.00 $43,500.00 Other Costs hftps://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS—/3vZ6Bxxi—li)DExTOT4XnAjzjAXmVNev\N*/!TABTHREAD2?pyActi\fity=PrintWork&Prompt=fals... 1/2 Page 152 of 895 1112!21, 7:03 AM Indirect Costs Total Project Costs Federal Funds: Match Amount: Program Income: Budget Detail Summary View Budget Category Sworn Officer Civilian Personnel Travel Equipment Supplies SubAwards Procurement Contracts Other Costs Indirect Costs Funded Award $0.00 $56,000.00 $0.00 $0.00 $99,500.00 $0.00 $56,000.00 $0.00 $99,500.00 $99,500.00 100.00% $0.00 0.00% $0.00 0.00% I have read and understand the information presented in this section of the Federal Award Instrument. Other Award Documents > Award Conditions > Award Acceptance https:lljustgrants.usdoj.goviprwebIPRAuthlapplJGITS13yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=PrintWork&Prompt=fa!s... 212 Page 153 of 895 11/2/21, 11:42 AM > Award Letter > Award Information > Project Information > Financial Information > Other Award Documents u Award Conditions Funded Award This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Im9 Conflict of Interest: Recipients and subrecipients must disclose in writing to the COPS Office or pass-through entity, as applicable, any potential conflict of interest affecting the awarded federal funding in 2 C.F.R. § 200.112. r '% Contract Provision: All contracts made by the award recipients under the federal award must contain the provisions required under 2 C.F.R. Part 200, Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards. Please see appendices in the Award Owner's Manual for a full text of the contract provisions. kM Award Monitoring Activities: Federal law requires that recipients receiving federal funding from the COPS Office must be monitored to ensure compliance with their award conditions and other applicable statutes and regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing. Both aspects of award implementation—compliance and programmatic benefits—are part of the monitoring process coordinated by the U.S. Department of Justice. Award monitoring activities conducted by the COPS Office include site visits, office -based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a COPS Office award recipient, you agree to cooperate with and respond to any requests for information pertaining to your award. This includes all financial records, such as general accounting ledgers and all supporting documents. All information pertinent to the implementation of the award is subject to agency review throughout the life of the award, during the close-out process and for three - years after the submission of the final expenditure report. 34 U.S.C. § 10385(a) and 2 C.F.R. §§ 200.334 and 200.337. M4 Duplicative Funding: The recipient understands and agrees to notify the COPS Office if it receives, from any other source, funding for the same item or service also funded under this https://justgrants.usdoj.govlprwebIPRAuth/app/JGITS/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW!!TABTHREAD2?pyActivity=PrintWork&Prompt=fal... 1/13 Page 154 of 895 11/2/21, 11:42 AM award. MWI Funded Award Termination: Recipient understands and agrees that the COPS Office may terminate funding, in whole or in part, for the following reasons: (1) When the recipient fails to comply with the terms and conditions of a Federal award. (2) When an award no longer effectuates the program goals or agency priorities, to the extent such termination is authorized by law. (3) When the recipient agrees to the termination and termination conditions. (4) When the recipient provides the COPS Office written notification requesting termination including the reasons, effective date, and the portion of the award to be terminated. The COPS Office may terminate the entire award if the remaining portion will not accomplish the purposes of the award. (5) Pursuant to any other termination provisions included in the award. 2. C.F.R. § 200.340, •. Award Owner's Manual: The recipient agrees to comply with the terms and conditions in the applicable 2021 COPS Office Program Award Owner's Manual; DOJ Grants Financial Guide; COPS Office statute (34 U.S.C. § 10381, et seq.) as applicable; Students, Teachers, and Officers Preventing (STOP) School Violence Act of 2018 (34 U.S.C. § 10551, et seq.) as applicable; the requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable; representations made in the application; and all other applicable program requirements, laws, orders, regulations, or circulars. 9M7 Assurances and Certifications: The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its application. IQ8 Federal Civil Rights: The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102); b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also may apply to an award made otherwise; c. the Applicant understands that it must require any subrecipient to comply with all such https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ68xxi_IpDExTOT4XnAjzjAXmVNevW'/!TABTHREAD2?pyActivity=PrintWork&Prompt=fal... 2/13 Page 155 of 895 11/2/21, 11:42 AM Funded Award applicable statutes (and associated regulations); and d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204. The Applicant also understands that (in addition to any applicable program -specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith -based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection). W. Mandatory Disclosure: Recipients and subrecipients must timely disclose in writing to the Federal awarding agency or pass-through entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially affect the awarded federal funding. Recipients that receive an award over $500,000 must also report certain civil, criminal, or administrative proceedings in SAM and are required to comply with the Term and Condition for Recipient Integrity and Performance Matters as set out in 2 C.F.R. Part 200, Appendix XII to Part 200. Failure to make required disclosures can result in any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.339.2 C.F.R. § 200.113. IM10 False Statements: False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 31 U.S.C. § 3729-3733. IM11 Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information: The recipient agrees not to discharge, demote, or otherwise discriminate against an employee as reprisal for the employee disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal contract or award, a gross waste of federal funds, an abuse of authority relating to a federal contract or award, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or award. The recipient also agrees to provide to their employees in writing (in the predominant native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see appendices in the Award Owner's Manual for a full text of the statute. 'Q12 System for Award Management (SAM) and Universal Identifier Requirements: The recipient agrees to comply with the following requirements of 2 C.F.R. Part 25, Appendix A to Part 25 — Award Term: I. System for Award Management and Universal Identifier Requirements A. Requirement for System for Award Management Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain current information in the SAM. This includes information on your immediate and highest level owner and subsidiaries, as well as on all of your predecessors that have been awarded a Federal contract or Federal financial assistance within the last three years, if applicable, until you submit the final financial report required under this Federal award or https:lljustgrants.usdoj.govlprwebIPRAuth/app/JGITS/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNeWV*I!TABTHREAD2?pyActivity=PrintWork&Prompt=fal... 3/13 Page 156 of 895 payment,receive the final afterinformation at least annually potentialchanges in your information or another Federal award term. 1 . Must notify term) may receive a subaward from you until the entity has provided its Unique Entity Identifier to you. 2. May not make a subaward to an entity Identifier to you. Subrecipients are not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier. C. 'efinitions , III Management1. System for Award must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM internet site (currently at 2. Unique Entity i Identifier . Entity includes non -Federal entities as defined at 2 CFR 200.1 and also includes all of the following, for purposes of this park: a. A foreign organization; b. A foreign public entity; c. A domestic for-profit organization; and d. A Federal agency. 4. Subaward has the meaning given in 2 CFR 200.1. 5. Subrecipient has the meaning given in 2 CFR 200.1. M13 Reporting Subawards and Executive Compensation The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part 170 — Award Term: I. Reporting Subawards and Executive Compensation a. Reporting of first-tier subawards. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non - Federal entity or Federal agency (see definitions in paragraph e. of this award term). https:lljjustgrants. usdoj.govlprwebIPRAuthlapplJGITS_13yZ6Bxxi_Ip DExTOT4XnAjzjAXmVN evW*I!TABTH R EAD2?pyActivity=Pri ntWork&Prompt=fal... 4113 Page 157 of 895 11/2/21, 11:42 AM 2. Where and when to report. Funded Award ii. The non -Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify. b. Reporting total compensation of recipient executives for non -Federal entities. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR 170.320; ii. in the preceding fiscal year, you received— (A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and, iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at hftp://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at https://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non -Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if— i. in the subrecipient's preceding fiscal year, the subrecipient received— https://justgrants.usdoj.gov/prweb/PRAuth/app/JGIT5_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW*/!TABTH READ2?pyActivity=PrintWork&Prompt=fal... 5/13 Page 158 of 895 11/2/21, 11:42 AM Funded Award (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at hftp://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: L Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551 (1) and further clarified by 5 U.S.C. 552(f). 2. Non -Federal entity means all of the following, as defined in 2 CFR part 25: L A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; and, iv. A domestic or foreign for-profit organization 3. Executive means officers, managing partners, or any other employees in management positions. 4. Subaward: https:lljustgrants. usd oj.gov/prweb/PRAuth/app/J GITS_/3vZ6Bxxi_l pDExTOT4XnAjzjAXmVN evW"/!TABTH R EAD2?pyActivity=PrintWork&Prompt=fal... 6/13 Page 159 of 895 11/2/21, 11:42 AM Funded Award i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 5. Subrecipient means a non -Federal entity or Federal agency that: i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward. 6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)). 4M14 Equal Employment Opportunity Plan (EEOP): All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan. 28 C.F.R. Part 42 subpart E. 'Q15 Reports/Performance Goals: To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible for submitting semi-annual programmatic progress reports that describe project activities during the reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF -425). 2 C.F.R. §§ 200.328 - 200.329. The progress report is used to track your agency's progress toward implementing community policing strategies and to collect data to gauge the effectiveness of increasing your agency's community policing capacity through COPS Office funding. The Federal Financial Report is used to track the expenditures of the recipient's award funds on a cumulative basis throughout the life of the award. M16 Recipient Integrity and Performance Matters: For awards over $500,000, the recipient agrees to comply with the following requirements of 2 C.F.R. Part 200, Appendix XII to Part 200 — Award Term and Condition for Recipient Integrity and Performance Matters: A. Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirement If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information https://justg rants. usdoj.gov/prweb/PRAuth/app/JG ITS_/3yZ6Bxxi_Ip DExTOT4XnAjzjAXmVNevW*/!TABTH READ2?pyActivity= PrintWork&Prompt=fal... 7/13 Page 160 of 895 11/2/21, 11:42 AM Funded Award posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which You Must Report Submit the information required about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent five-year period; and c. Is one of the following: (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if: (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. 4. Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you must report proceedings information through SAM for the most recent five year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For purposes of this award term and condition: https://justgrants. usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpD ExTOT4XnAjzjAXmVNevW*/!TABTH R EAD2?pyActivity=PrintWork&Prompt=fal... 8/13 Page 161 of 895 11/2121, 11:42 AM Funded Award a. Administrative proceeding means a non judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. 9M 17 Restrictions on Internal Confidentiality Agreements: No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. Consolidated Appropriations Act, 2021, Public Law 116-260, Division E, Title VII, Section 742. 'Q18 Debarment and Suspension: The recipient agrees not to award federal funds under this program to any party which is debarred or suspended from participation in federal assistance programs. 2 C.F.R. Part 180 (Government -wide Nonprocurement Debarment and Suspension) and 2 C.F.R. Part 2867 (DOJ Nonprocurement Debarment and Suspension). 1Q19 Employment Eligibility: The recipient agrees to complete and keep on file, as appropriate, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form (1-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603. 'Q20 Additional High -Risk Recipient Requirements: The recipient agrees to comply with any additional requirements that may be imposed during the award performance period if the awarding agency determines that the recipient is a high-risk recipient. 2 C.F.R. § 200.208. 'Q21 Extensions: Your agency may request an extension of the award period to receive additional https://justgrants.usdoj.gov/prweb/PRAuth/app/J GI TS_/3yZ6Bxxi_Ip DExTOT4XnAjzjAXmVNeVW`/!TABTH READ2?pyActivity=PrintWork&Prompt=fal... 9/13 Page 162 of 895 11/2/21, 11:42 AM Funded Award time to implement your award program. Such extensions do not provide additional funding. Only those recipients that can provide a reasonable justification for delays will be granted no - cost extensions. Extension requests must be received prior to the end date of the award. 2 C.F.R. §§ 200.308(e)(2) and 200.309. 'D22 Domestic preferences for procurements: Recipient agrees that it, and its subrecipients, to the greatest extent practicable, will provide a preference for the purchase, acquisition, or use of goods, products, and materials produced in, and services offered in, the United States. 2. C.F.R. § 200.322 and Executive Order 14005, Ensuring the Future is Made in All of America by All of America's Workers, January 25, 2021. 'D23 Modifications: Award modifications are evaluated on a case-by-case basis in accordance with 2 C.F.R. § 200.308(f). For federal awards in excess of $250,000, any modification request involving the reallocation of funding between budget categories that exceed or are expected to exceed 10 percent (10%) of the total approved budget requires prior written approval by the COPS Office. Regardless of the federal award amount or budget modification percentage, any reallocation of funding is limited to approved budget categories. In addition, any budget modification that changes the scope of the project requires prior written approval by the COPS Office. 'Q24 Sole Source Justification: Recipients who have been awarded funding for the procurement of an item (or group of items) or service in excess of $250,000 and who plan to seek approval for use of a noncompetitive procurement process must provide a written sole source justification to the COPS Office for approval prior to obligating, expending, or drawing down award funds for that item or service. 2 C.F.R. § 200.325(b)(2). 9M25 Human Subjects Research: The recipient agrees to comply with the provisions of the U.S. Department of Justice's common rule regarding Protection of Human Subjects, 28 C.F.R. Part 46, prior to the expenditure of Federal funds to perform such activities, if applicable. The recipient also agrees to comply with 28 C.F.R. Part 22 regarding the safeguarding of individually identifiable information collected from research participants. News Media: The recipient agrees to comply with the COPS Office policy on contact with the news media. The policy establishes the COPS Office Communications Division as the principal point of contact for the news media for issues relevant to the COPS Office or parameters of this award. The recipient agrees to refer all media inquiries on these topics directly to the COPS Office Communications Division at 202-514-9079. 'Q27 Copyright: If applicable, the recipient may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this award in accordance with 2 C.F.R. § 200.315(b). The COPS Office reserves a royalty -free, nonexclusive and irrevocable https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW'/!TABTHREAD2?pyActivity=PrintWork&Prompt=fa... 10/13 Page 163 of 895 11/2/21, 11:42 AM Funded Award license to reproduce, publish, or otherwise use the work, in whole or in part (including create derivative works), for Federal Government purposes, and to authorize others to do so. The COPS Office also reserves the right, at its discretion, not to publish deliverables and other materials developed under this award as a U.S. Department of Justice resource. Products and deliverables developed with award funds and published as a U.S. Department of Justice resource will contain the following copyright notice: "This resource was developed under a federal award and may be subject to copyright. The U.S. Department of Justice reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use the work for Federal Government purposes and to authorize others to do so. This resource may be freely distributed and used for noncommercial and educational purposes only." 'Q28 Public Release Information: The recipient agrees to submit one copy of all reports and proposed publications resulting from this award ninety (90) days prior to public release. Any publications (written, curricula, visual, sound, or websites) or computer programs, whether or not published at government expense, shall contain the following statement: "This project was supported, in whole or in part, by federal award number [YYYY XX-XXXX] awarded to [Entity] by the U.S. Department of Justice, Office of Community Oriented Policing Services. The opinions contained herein are those of the author(s) or contributor(s) and do not necessarily represent the official position or policies of the U.S. Department of Justice. References to specific individuals, agencies, companies, products, or services should not be considered an endorsement by the author(s), contributor(s), or the U.S. Department of Justice. Rather, the references are illustrations to supplement discussion of the issues. The Internet references cited in this publication were valid as of the date of publication. Given that URLs and websites are in constant flux, neither the author(s) nor the COPS Office can vouch for their current validity." 'Q29 Supplementing, not Supplanting: State, local, and tribal government recipients must use award funds to supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for award purposes (hiring, training, purchases, and/or activities) during the award period. In other words, state, local, and tribal government recipients may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would have been dedicated to the COPS Office -funded item(s) in the absence of the COPS Office award. 34 U.S.C. § 10384(a). 'Q30 Computer Network Requirement: The recipient understands and agrees that no award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. Nothing in this requirement limits the use of funds necessary for any federal, state, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. Consolidated Appropriations Act, 2021, Public Law 116-260, Division B, Title V, Section 52T 'Q31 https:lljustgrants. usdoj.gov/prweb/PRAuth/app/JGITS_/3vZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW`/!TABTHREAD2?pyActivity=PrintWork&Prompt=fa... 11/13 Page 164 of 895 11/2/21, 11:42 AM Funded Award Evaluations: The COPS Office may conduct monitoring or sponsor national evaluations of its award programs. The recipient agrees to cooperate with the monitors and evaluators. 34 U.S.C. § 10385(b). 9M32 Travel Costs: Travel costs for transportation, lodging and subsistence, and related items are allowable with prior approval from the COPS Office. Payment for allowable travel costs will be in accordance with 2 C.F.R. § 200.475. M33 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: Recipient agrees that it, and its subrecipients, will not use award funds to extend, renew, or enter into any contract to procure or obtain any covered telecommunication and video surveillance services or equipment as described in 2 CFR ;200.216. Covered services and equipment include telecommunications or video surveillance services or equipment produced or provided by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of China. The use of award funds on covered telecommunications or video surveillance services or equipment are unallowable. 2. C.F.R. § § 200.216 & 471. See also Section 889 of the John S. McCain National Defense Authorization Act of Fiscal Year 2019, Public Law 115-232. 'Q34 The Paperwork Reduction Act Clearance and Privacy Act Review: Recipient agrees, if required, to submit all surveys, interview protocols, and other information collections to the COPS Office for submission to the Office of Management and Budget (OMB) for clearance under the Paperwork Reduction Act (PRA). Before submission to OMB, all information collections that request personally identifiable information must be reviewed by the COPS Office to ensure compliance with the Privacy Act. The Privacy Act compliance review and the PRA clearance process may take several months to complete. 44 U.S.C. §§ 3501-3520 and 5 U.S.C. § 552a. 'Q35 Allowable Costs: The funding under this award is for the payment of approved costs for program -specific purposes. The allowable costs approved for your agency's award are limited to those listed in your agency's award package. In accordance with 2 C.F.R. § 200.400(g), the recipient must forgo any profit or management fee. Your agency may not use award funds for any costs not identified as allowable in the award package. I have read and understand the information presented in this section of the Federal Award Instrument https://justgrants. usdoj.gov/prweb/PRAuth/app/J GITS_/3vZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW"/ITABTH READ2?pyActivity=PrintWork&Prompt=fa... 12/13 Page 165 of 895 11/2/21, 11:42 AM Award Acceptance Funded Award https:lljustgrants. usdoj.gov/prweb/PRAuth/app/JGITS_l3vZ6Bxxi_IpDExTOT4XnAjzjAXmVN evW*/!TABTHREAD2?pyActivity=PrintWork&Prompt=fa... 13/13 Page 166 of 895 11/2/21, 7:08 AM > Award Letter > Award Information > Project Information > Financial Information > Other Award Documents > Award Conditions °�° Award Acceptance Funded Award Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I -- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) 1 have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) 1 have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) 1 understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) 1 understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise. Agency Approval Title of Approving Official blame of Approving Official Signed Date And Time Acting Director ROBERT CHAPMAN 9/24/21 7:01 PM https:lljustgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_IpDExTOT4XnAjzjAXmVNevW"/!TABTHREAD2?pyActivity=PrintWork&Prompt=fats... 1/2 Page 167 of 895 U.S. DEPARTMENT OF JUSTICE CERTIFIED STANDARD ASSURANCES On behalf of the Applicant, and in support of this application for a grant or cooperative agreement, I certify under penalty of perjury to the U.S. Department of Justice ("Department"), that all of the following are true and correct: (1) 1 have the authority to make the following representations on behalf of myself and the Applicant. I understand that these representations will be relied upon as material in any Department decision to make an award to the Applicant based on its application. (2) 1 certify that the Applicant has the legal authority to apply for the federal assistance sought by the application, and that it has the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project costs) to plan, manage, and complete the project described in the application properly. (3) 1 assure that, throughout the period of performance for the award (if any) made by the Department based on the application -- a. the Applicant will comply with all award requirements and all federal statutes and regulations applicable to the award; b. the Applicant will require all subrecipients to comply with all applicable award requirements and all applicable federal statutes and regulations; and c. the Applicant will maintain safeguards to address and prevent any organizational conflict of interest, and also to prohibit employees from using their positions in any manner that poses, or appears to pose, a personal or financial conflict of interest. (4) The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition -- a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102); b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by Page 168 of 895 the Office on Violence Against Women, also may aaRfly to an award made otherwise; c. Lhe Applicant understands WL, it rnust recpiire any sulorecipicrit to cornj.,�iy with all such applicable Katutos (and associated regulations); and d. on behalf of the Applicant, i rrake the specif"Lc assuranc,("s sct out in 28 C.F,,R, §5 42.105 end 42.204. (5) The Applinanl. also understands thaL (in ad(ritinn to any applicab].c program -specific regulations and to applicabic fodaral regulations that pertain to civil rights and nnndiscrimiriati(xn) the federal. rogulations applicable Lo the award (it any) made by tho Dcpartment based on the appLication may include, but are noL limited to 2 Mh�R. Part 2HOO (Lhe DDD "Part 200 Uniform RequhrernenLs") and 2B C.F.R. Parts 22 rcsoarch and statistical information), 23 (criminal intelligence sysLems), 38 (regaMing faith - based. or religious organizations y:xarticipai,ing un hurls" ral financial assistance programs), and 46 (human subjects protecLlon). (Cl) 1 assure that the Applicant will assist thc Dr,--,pairtmenl. as ner,,essary (and Wl requirc subrecipienLs and contracLors to assist as necessary) Mh the Dopartment's compliance witecLion 106 of thc NaLi.onal Historic Preseivation Act of 1966 (54 U.S.C. S 306108), the Archeological and. Historical Preservation Act or 1974 (54 U.S.C. §§ 312501-31,2!,a08), and the National Environmontal Policy Act of 1969 (42 U.SC. §§ 4321--4335), and 28 C.F.R. Parts 61 (NEPA) and 63 (floodplains and weKands). (7) L assure that Lhe Applicant will g1ve the 14parMont and Lhe Government AccountabiliLy Ottice, through any authorized represenLative, access to, and opporLunity Lo oxaminn, all pape.r: or eloctironlc recoird's, related to the award (if any) mado by the DeparLnmnt basK on Lhe application. (8) If this application is for an award fram the National JOSLitnitc of Justice or the Bureau of Justino SLatistics pursuant Lo which award funds may be made available (whother by the award directly or by any subawaxd at any Mar) Lo an institution of higher education (as defined at 34 0. S.C. S 10251 (a) (11) ) F I assure that, if any award funds actual Ly are node available Lo such an QxMutian, tho AppkMant will reqUic t0at, throuqhouL the period of 1,,)nrform�ance-- a. each such inatKuLion compiy with any requiramonts that are imposed on it by Lbe FirsL Amendment Lo the Constitution of the Unitecl State,,,s; and b. subloct to par. a, each such instiLuLion comply with M own represontat ions, if any, concerning acoidepnLc frocrioin, freedom of inquiry and debaLe, research iridependence, and research Magrity, at the QsLituAnn, that are incAndod in promotional materials, in cffi.(,-:jal ratenents, in formal policies, in applications for grants (including this award application), for accreditation, ar ror liccrisinq, or in submissions relating to suc,,hg�rants, accreditation, or licensing, or Wall, otherwise arn made oc Wssoninated to students, In rac.u]-Ly, to the genera][ piablic, (9) L. assure that, if the Applicant is a governmental ontity, WAh cespect. to Lhe award (it any) made by the Dcparltrnent based on the aplylication a. K will comply with the requirements of the llniForin RcLoruition Assistanco and Real Proporty Acquisitic)ns Ac,,t of: 1970 (42 Page 169 of 895 M 1601 m46f,5), which qovern the treaLment of per sons di-sp I aCE�ad a S a rcsu I t of rederal and fedora I I pmss s! ed InoWmms; and b . it will comply Wth requircmcnts of 5 EVS.0 §§ 15014508 and 7324 1328, which Illicit cortnin political activities of State or local govornmenlL employces whose principal employment is in connection with an nctivity financed in whole or in Part, by rederal assistance. (1 0) It the hpplicanL applies for and receives an award froir the. Office of' Community OrienLVi~ d Policinq Sar"CT icon (COPS QE[hm) , J. asmyro UWL Us; required by 34 U.S.C. S 10382 (c) (1 1) , i L will, to the ext�cnt pract icablcry and consistent with applicable law including, but not ,'irnil�ed to, tlwe Indi-an. Self-DeterninaLion and Education Assistance Act --seek, rccruit, and birle qualified. jneinh.,ers of racia""and ethnic minority groups and qualitimi women. in nrder to fMher effective law enforcemont by increasing Lheir ranks within the sworn positions, as provided undor 34 U.S.C. 5 10382(c)(11). (3 1) Q the AppLicant applies for and rocnives a DOJ award Lmder the STOP School Violence Act program, 11 assure an required by 34 U.S.C. § 10552(a)(3), LhaL it wili mainLaIn and import such daLa, records, and irfforTinaLion (pr,ograinruatic -and financial) as DOJ rri.ay reasonably x,(asquire. i acknowledge that as materially false, f icWtious, or fraudulefiL. saeftlent (or concealment or omission of a matertal tact) in this cerUfWaUcn, crr in the applicat Lou that it supporLs, may be the mQxA of criAnal piosocution (including under 18 U.S.C. SS 1001 and/or 362a, and/or 34 U.S.C_ §§ 10271- 10213), and also may subject me and Lhe Applicant to civil- penaltics and administrative remcclics for false claims or otherwise (Includinq under 33 U. S.C. N 3729-3730 and 3801-3812) . I also aCRMOWl Ecdge LhaL thic Department' s awa rds, 1 M uding car! 1 El cut i ons provi ded 1 n connecl- Lon wi th such awards, are subject to xaview by Lhe Department, inciuding by its Office of tho 11 nsl)eaLor: Gcri.era l . Page 170 of 895 U.S. DEPARTMENT OF JUSTICE CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACE REQUIREMENTS; LAW ENFORCEMENT AND COMMUNITY POLICING Applicants should refer to the regulations and other requirements cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations or other cited requirements before completing this form. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the U.S. Department of Justice ("Department") determines to award the covered transaction, grant, or cooperative agreement, 1. LOBBYING As required by 31 U.S.C. § 1352, as implemented by 28 C.F.R. Part 69, the Applicant certifies and assures (to the extent applicable) the following: (a)No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant, 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 making of any Federal grant, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b)If the Applicant's request for Federal funds is in excess of $100,000, and 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 grant or cooperative agreement, the Applicant shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities" in accordance with its (and any DOJ awarding agency's) instructions; and (C)The Applicant shall require that the language of this certification be included in the award documents for all subgrants and procurement contracts (and their subcontracts) funded with Federal award funds and shall ensure that any certifications or lobbying disclosures required of recipients of such subgrants and procurement contracts (or their subcontractors) are made and filed in accordance with 31 U.S.C. § 1352. 2.DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS A. Pursuant to Department regulations on nonprocurement debarment and suspension implemented at 2 C.F.R. Part 2867, and to other related requirements, the Applicant certifies, with respect to prospective participants in a primary tier "covered transaction," as defined at 2 C.F.R. 2867.20(a), that neither it nor any of its principals -- Page 171 of 895 (a)is presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b)has within a three-year period preceding this application been convicted of a felony criminal violation under any Federal law, or been convicted or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, tribal, or local) transaction or private agreement or transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property, making false claims, or obstruction of justice, or commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects its (or its principals') present responsibility; (C)is presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, tribal, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and/or (d) has within a three-year period preceding this application had one or more public transactions (Federal, State, tribal, or local) terminated for cause or default. B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation to this application. Where the Applicant or any of its principals was convicted, within a three-year period preceding this application, of a felony criminal violation under any Federal law, the Applicant also must disclose such felony criminal conviction in writing to the Department (for OJP Applicants, to OJP at 0')�com�;:li.ancere�:,ortinq@usdo7.�.�lov; for OVW ........... . . 1. .... ... . .. - 1111111--1 1.11 I Applicants, to OVW at OYW ., GFMD@,u,s d,o,.'� or for COPS Applicants, to COPS at AskCOPSRC@usdoj.,xov), unless such disclosure has already been made. IFEDERAL TAXES A.If the Applicant is a corporation, it certifies either that (1) the corporation has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, or (2) the corporation has provided written notice of such an unpaid tax liability (or liabilities) to the Department (for OJP Applicants, to OJP at O�;coppliancere..ort i - n @usdoj.gcv; for OVW Applicants, to OVW at O��'.GFMD@usdo'.��ov; or for COPS Applicants, to COPS at AskCOPSRC@usdo'.gov). B.Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation to this application. 4.DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, as implemented at 28 C.F.R. Part 83, Subpart F, for grantees, as defined at 28 C.F.R. §§ 83.620 and 83.650: Page 172 of 895 A.The Applicant certifies and assures that it will, or will continue to, provide a drug-free workplace by-- (a)Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b)Establishing an on-going drug-free awareness program to inform employees about -- The dangers of drug abuse in the workplace; (2) The Applicant's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (C)Making it a requirement that each employee to be engaged in the performance of the award be given a copy of the statement required by paragraph (a); (d)Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the award, the employee will -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of the employee's conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e)Notifying the Department, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title of any such convicted employee to the Department, as follows: For COPS award recipients - COPS Office, 145 N Street, NE, Washington, DC, 20530; For OJP and OVW award recipients - U.S. Department of Justice, Office of Justice Programs, ATTN: Control Desk, 810 7th Street, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected award; (fl Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements Page 173 of 895 of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and (g)Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 5. LAW ENFORCEMENT AGENCY CERTIFICATION REQUIRED UNDER DEPARTMENT OF JUSTICE DISCRETIONARY GRANT PROGRAMS ("SAFE POLICING CERTIFICATION") If this application is for a discretionary award pursuant to which award funds may be made available (whether by the award directly or by any subaward at any tier) to a State, local, college, or university law enforcement agency, the Applicant certifies that any such law enforcement agency to which funds will be made available has been certified by an approved independent credentialing body or has started the certification process. To become certified, a law enforcement agency must meet two mandatory conditions: (a) the agency's use of force policies adhere to all applicable federal, State, and local laws; and (b) the agency's use of force policies prohibit chokeholds except in situations where use of deadly force is allowed by 'Law. For detailed information on this certification requirement, see htjps://c9p,s.1u1s,d,o1' .�icv/SafePolicin,)EO. The Applicant acknowledges that compliance with this safe policing certification requirement does not ensure compliance with federal, state, or local law, and that such certification shall not constitute a defense in any federal lawsuit. Nothing in the safe policing certification process or safe policing requirement is intended to be (or may be) used by third parties to create liability by or against the United States or any of its officials, officers, agents or employees under any federal law. Neither the safe policing certification process nor the safe policing certification requirement is intended to (or does) confer any right on any third -person or entity seeking relief against the United States or any officer or employee thereof. No person or entity is intended to be (or is) a third -party beneficiary of the safe policing certification process, or, with respect to the safe policing certification requirement, such a beneficiary for purposes of any civil, criminal, or administrative action. 6. COORDINATION REQUIRED UNDER PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS As required by the Public Safety Partnership and Community Policing Act of 1994, at 34 U.S.C. § 10382(c)(5), if this application is for a COPS award, the Applicant certifies that there has been appropriate coordination with all agencies that may be affected by its award. Affected agencies may include, among others, Offices of the United States Attorneys; State, local, or tribal prosecutors; or correctional agencies. I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in Page 174 of 895 the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271- 10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). 1 also acknowledge that the Department's awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General. Page 175 of 895 �W Consent Agenda 11/16/2021 Requested Action by Commission: Proposed Resolution No. R21-154 - Authorize the City Manager to sign an Application for Federal Assistance to the Federal Emergency Management Agency for the Fiscal Year 2021 Building Resilient Infrastructure and Communities program for a total project of $215,250.00 including a 25% City cost share of $53,812.50. Explanation of Request: FEMA's Building Resilient Infrastructure and Communities (BRIC) grant program supports states, local communities, tribes and territories as they undertake hazard mitigation projects, reducing the risks they face from disasters and natural hazards. Project scoping is an eligible BRIC capability and capacity -building (C&CB) activity used for developing mitigation strategies and for obtaining data to prioritize, select, and develop a complete application -ready mitigation project. The City of Boynton Beach is submitting a BRI C project scoping application for FY 2021 to identify, prioritize, and select a mitigation activity to address compound flood risk in the low-lying and flood prone area along the Seacrest Boulevard Corridor in the eastern expanse of the City. This project will build on data collected in the multi -jurisdictional climate change vulnerability assessment (CCVA) conducted in partnership with the six neighboring municipalities and Palm Beach County as the Coastal Resilience Partnership of Southeast Palm Beach County (CRP). The project scope of work includes 1) review existing plans and data; (2) conduct stakeholder engagement and partnership building activities; (3) complete design; and (4) develop the full application for construction (to be submitted in a future BRIC application cycle) including a benefit cost analysis (BCA). The requested budget for the project scoping application is $215,250.00 comprising 75% ($161,437.50) Federal share and 25% ($53,812.50) City cost share. Project selections for FY 2021 funding are anticipated in Summer 2022 and the scoping project is expected to last 12-18 months. How will this affect city programs or services? If awarded, the BRIC project scoping funds will be used to identify, prioritize and select a flood mitigation activity (infrastructure project) to support the development of a full BRI C infrastructure application of up to $50M. This type of scoping project is described by FEMA as seed money. Their intention is to support the development of high quality, refined projects. When local jurisdictions use these scoping projects to develop an infrastructure application, that funded application gets 10 points awarded towards the 230 -point maximum project score. The ultimate outcome of the scoping project will be to advance one or more capital projects that will enhance the City's resilience and lead to significant savings by mitigating damages from future disasters. Fiscal Impact: The City's cost share funds of $53,812.50 are available in the Utilities Cl P budget. Alternatives: Do not approve and remove the grant application from consideration. Strategic Plan: Public Health and Safety , Environmental Sustainability Page 176 of 895 Strategic Plan Application: This project will enhance climate resilience and protect residents from future hazards. Climate Action Application: CCVA Portfolio of Recommended Adaptation & Mitigation Strategies #FF -BB - 6: Design stormwater capital improvement projects to mitigate nuisance flooding in low-lying areas. Develop projects that have multiple co -benefits (including water quality) to align with state and federal funding sources. Is this a grant? Yes Grant Amount: $161,437.50 Federal share and $53,812.50 City share = $215,250.00 total budget Attachments: Ty pe Giraint Application Description Resolution appii-o\ning Application foie 1::::: IE: IMA IBlR1C:r Girai t 1:::: IE IMA IB R1 C Girairnl Application Page 177 of 895 1 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 THE APPLICATION FOR FEDERAL ASSISTANCE TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE FISCAL YEAR 2021 BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITIES PROGRAM FOR A TOTAL PROJECT OF $215,250.00 INCLUDING A 25% CITY COST SHARE OF $53,812.50; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, FEMA's Building Resilient Infrastructure and Communities (BRIC) grant program supports states, local communities, tribes and territories as they undertake hazard mitigation projects, reducing the risks they face from disasters and natural hazards; 15 and 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, The City of Boynton Beach is submitting a BRIC project scoping application for FY 2021 to identify, prioritize, and select a mitigation activity to address compound flood risk in the low-lying and flood prone area along the Seacrest Boulevard Corridor in the eastern expanse of the City; and WHEREAS, This project will build on data collected in the multi jurisdictional climate change vulnerability assessment (CCVA) conducted in partnership with the six neighboring municipalities and Palm Beach County as the Coastal Resilience Partnership of Southeast Palm Beach County (CRP). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. S:\CA\RESO\Agreements\Grants\Approve Application For FEMA BRIC Grant - Reso.Doex Page 178 of 895 30 Section 2. The City Commission approves and authorizes the City Manager to 31 sign the Application for Federal Assistance to the Federal Emergency Management Agency 32 for the Fiscal Year 2021 Building Resilient Infrastructure and Communities program for a 33 total project of $215,250.00 including a 25% City cost share of $53,812.50, a copy of which 34 is attached hereto and incorporated herein as Exhibit "A". 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 16th day of November, 2021. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ATTEST: 55 56 57 58 Crystal Gibson, MMC 59 City Clerk 60 61 62 63 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner — Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga VOTE YES NO S:ACA\RESO\Agreements\Grants\Approve Application For FEMA BRIC Grant - Reso.Docx Page 179 of 895 11/12/21, 9:49 AM FEMAGO - Sub Application Seacrest Boulevard Corridor Flood Mitigation Alternatives Project Scoping Subapplicant information Name of federal agency Type of submission FEMA Application Status: Submitted to recipient FLORIDA DIVISION OF EMERGENCY MANAGEMENT 2555 SHUMARD OAK BLVD TALLAHASSEE, FL 32399 United States State UEI-EFT DUNS # EIN # FL Subapplicant type N6KVCUU7LC61 Is the subapplicant subject to review by Executive Order 12372 Process? Is the subapplicant delinquent on any federal debt? 930172528 Local Government No - Not covered No https://go.fema.gov/subApplication/eb4aeb2l-78ed-4711-8abe-350dl 65783f5/view Page 180 of 895 11/12/21, 9:50 AM FEMAGO - Application Contact information Seacrest Boulevard Corridor Flood Mitigation Alternatives Project Scoping Contact information Subrecipient Authorized Representative (SAR) Anthony Davidson Primary phone Mailing address Point(s) of contact MS Rebecca Harvey Primary phone Additional Mailing address Sustainability 5617426494 phones 100 East Ocean Coordinator Work 5617426494 Avenue Work Boynton Beach FL 33435 Status: Submitted to recipient .harveyL@hbfl.us Fax Ajani Stewart Primary phone Additional Mailing address Contractor 3053029628 phones 701 Waterford Way, Work 3053029628 Suite 420 Mobile Miami FL 33126 N" aiani.stewart arcadis.coin I G 0 1""[ I I [ t), https://go.fema.gov/subApplication/eb4aeb2l-78ed-4711-8abe-350dl 65783f5/view Page 181 of 895 11/12/21, 9:51 AM FEMAGO -Application Community Status: Submitted to Seacrest Boulevard Corridor Flood recipient Mitigation Alternatives Project Scoping Community Please provide the following information. If the Congressional district number for your community does not display correctly, please contact your State NFIP coordinator. Add Communities Please find the community(ies) that will benefit from this mitigation activity by clicking on the Find communities button. If needed, modify the Congressional District number for each community by entering the updated number under the U.S. Congressional District column for that community. When finished, click the Continue button. NOTE: You should also notify your State NFIP coordinator so that the updated U.S. Congressional District number can be updated in the Community Information System (CIS) database. Community name County code BOYNTON BEACH, CITY 099 OF CID CRS CRS number community rating 120196 Y 6 Please provide any additional comments below (optional). Attachments Filename Area Census Block Data.p�df Date Uploaded by uploaded Label 11/11/2021 ajani.stewart@arcadis.com Community Attachments U.S. Congressional District FL 21 Description Action No description given. https://go.fema.gov/subApplication/eb4aeb2l-78ed-4711-8abe-35Odl65783f5/view Page 182 of 895 11/12/21.9:51*m FswxGO Application Mitigation plan Status: Submitted Seacrest Boulevard Corridor Flood recipient Mitigation Alternatives Project � ��N�N��N�� N��N��N�� N�'N��N�� ~~ ~ Scoping ��0�� ~��N�'mmm�� Mitigation ^t~gat~on plan Please provide your plan information bo|ovv |ethe entity that will benefit from the proposed Yes covered bvthe current FEMA approved multi -hazard mitigation plan incompliance with 44CFR Part 2O1? Please provide plan detail Plan name Plan type Plan approval 2O2OPalm Beach County Loca|K4u|hiuhediodona| date Unified Local Mitigation Multi -Hazard Mitigation 11/05/2018 Strategy Plan Proposed activity description This project scopingapplication aligns vvithPa|mBeaohCountve(PBC)2O2OUnifiedLooa| Hazard Mitigation Strategy (UNS) which was formally adopted bvthe City onNovember 5. 2O19.This project uoopingapp|ioatonviUsuppodtheCitvofBoyntonBaach/{|hv\infurthar developing its design documentation and prepare afull project imp|onnantationgnant application inthe future. The eventual implementation ofthis project vviUnnitiAahahukforflood prone areas in the along the Seacrest Boulevard Corridor which is increasingly impacted by flooding hazards from heavy rainfall, storm surge, and tidal flooding influenced by rising sea levels. This application aligns with several goals of the LIVIS including: 1\ reduce the |oao of life, property, and repetitive damage from the effects of natural, human caused, and technological hazards from all sources but especially hurricanes, tornadoes, majornainfa||. and other severe weather events; and (6) promote awareness and preparedness through the distribution of information on hazards and measures to mitigate them. In addition, this project helps support several of the ultimate objectives identified in the LIVIS including: (1) improve the community's resistance to damage from known natural, human caused, and environmental hazards; (2) place PBC in a position to compete effectively and productively for pre- and post- disaster mitigation funding assistance; and (4) reduce the cost of disasters at all levels. The Palm Beach County LIVIS Working Group through its Steering Committee has extended a letter of support for this application, citing its focus on prioritizing, selecting and developing mitigadon(e) to prepare the City to apply for infrastructure funding under future IFY federal funding appropriations. Please provide any additional comments below Plan approval date referenced the date plan for (optional). formally adopted bvthe City ofBoynton Beach p�n�1��Of��G m�s�go.�� mog�svuAppnmmomeU400Uz1'r8o�4r11'8oU*3n&u1Onr83��iow Page nz 11/12/21.9:51*m Attachments FswxGO Application Mitigation plan �i|FilenameDate Uploaded bv Label Description Action up|ogded ^ 11/11/2021 janiatexwart@arcadia.com Mitigation Plan No Resolution QliOQ /#tochnnonte description LMS.pjf given. Attachment A PBC Local 11/10/2021 ajani.stewart@arcadis.com Mitigation Plan City of Mitigation /#tochnnonte Boynton 2020.`p±f Beach Resolution Adopting 2020 PBC LMS C 0mt� mm� p�n�1�4Of8�G m�s�go.�� mog�svuAppnmmomeU400Uz1'r8o�4r11'8oU*3n&u1Onr83��iow Page -�z 11/12/21, 9:51 AM FEMAGO - Application Scope of work Status: Submitted to Seacrest Boulevard Corridor Flood recipient Mitigation Alternatives Project Scoping Scope of work The project Scope of Work (SOW) identifies the eligible activity, describes what will be accomplished and explains how the mitigation activity will be implemented. The mitigation activity must be described in sufficient detail to verify the cost estimate. All activities for which funding is requested must be identified in the SOW prior to the close of the application period. FEMA has different requirements for project, planning and management cost sows. Subapplication title (include type of activity and location) Activities Primary activity type Secondary activity type (Optional) Tertiary activity type (Optional) Geographic areas description Seacrest Boulevard Corridor Flood Mitigation Alternatives Project Scoping Develop or conduct engineering, environmental, feasibility and/or benefit cost analyses Conduct meetings, outreach and coordination with subapplicants and community residents Activities supporting development of applications The City of Boynton Beach is located in southeastern Palm Beach County in the heart of the Miami -Fort Lauderdale -West Palm Beach metropolitan area. Palm Beach County, located along the eastern coast of the State of Florida, is bordered by Martin County to the north and Broward County to the south. In addition, the County is bordered by the Atlantic Ocean to the east and the large inland Lake Okeechobee and its namesake county to the west. Boynton Beach includes four miles of the Intracoastal Waterway and boasts the closest distance from U.S. Interstate 95 to the Atlantic Ocean in the 1,900+ miles of the Eastern Seaboard. Like most of southeast Florida, the City's topography is generally low-lying with an average elevation of 13 ft. (4 m) above sea level. Elevations vary across the City from approximately 4+ feet along the Intracoastal Waterway, 10+ feet along the 1-95 Ridge, and 8-9+ feet West of the Ridge. The https://go.fema.gov/subApplication/eb4aeb2l-78ed-4711-8abe-350dl 65783f5/view Page 185 of qp� 11/12/21, 9:51 AM FEMAGO - Application Scope of work average annual air temperature is 75.2°F (24°C) with an average annual low of 66.6°F (19.2°C) and high of 83.8°F (28.20C). Average annual precipitation is 61.3 in (155 cm), with most of the rain failing during the "wet season" of June through September. The City includes 253 acres of municipal parks, beach and conservation lands; one of the four ocean inlets along Palm Beach County's 47 -mile shoreline; and one of two working full-service marinas in Palm Beach County, which offers fishing and scuba diving charters, jet-ski and boat rentals, and waterfront restaurants. The City also operates a municipal golf course. Outdoor events are held year-round, including a world-famous biennial International Kinetic Art Exhibit and Symposium. The City lies within close proximity to three major international airports and three major seaports. With an estimated 2020 population of 80,380, Boynton Beach is the third largest city in Palm Beach County. Median age in the City is 42.7, with about 21 % of persons 65 years or older. Nearly 24% of the population is foreign -born. Per capita income of the City's residents is $28,287, with a median household income of $57,563. The racially and ethnically diverse population includes 50% non - Hispanic Whites, 30% Black/African Americans, and 16% Latino. The top five employers in the City are Bethesda Memorial Hospital, the City of Boynton Beach, Publix Super Markets, Palm Beach County School District, and Walmart. A number of residential and mixed-use developments are recently completed or underway. Two projects recently transformed the City's downtown. The Boynton Harbor Marina (owned by the Boynton Beach Community Redevelopment Agency) has been undergoing Master Planned Renovations since March 2006 and recently completed the final phase, the Marina Open Space Project. Town Square Boynton Beach is a public/private partnership encompassing a 16 -acre site that includes the renovation of a historic Boynton Beach High School into a cultural center, residential and retail spaces, a hotel, public spaces, a garage, fire station, and a new City Hall. The proposed study area is located in the eastern expanse of Boynton Beach along the Seacrest Boulevard and Federal Highway Corridors. The area is bordered to the east by the Intracoastal Waterway and to the west by primarily residential developments west of Seacrest Boulevard. Due to its location near the Intracoastal Waterway, https://go.fema.gov/subApplication/eb4aeb2l-78ed-4711-8abe-350dl 65783f5/view Page 186 of qp� 11/12/21, 9:51 AM FEMAGO - Application Scope of work relatively low topography and aging infrastructure, the study area isvulnerable to different flood risks including heavy rainfall flooding, tidal flood ing/extreme high tides, aswell msstorm surge from hurricanes and tropical cyclones. For example, inSeptember 2O19the City experienced significant flooding when storm surge from the offshore passage ofHurricane Dorian coincided with seasonal King Tides. As sea levels continue torise, these flood risks will continue toincrease without appropriate mitigation action, placing several public and privately owned assets, roadway and drainage infrastructure, natural systems, and socially vulnerable populations at risk. Racial and social inequities exist inthe City with Black and Hispanic residents historically earning lower incomes, experiencing higher poverty nates, and registering higher for other indicators of social and economic vulnerability than White residents. The City ieengaged in several initiatives toaddress and positively affect these historic inequities which also result in reduced adaptive capacity for the increasing risks and hazards associated with climate change. The study area encompasses sections ofthese disadvantaged communities particularly inthe southernmost section (south mfSE 23rd Avenue down tothe City limit and betmmenSwacnest Boulevard and Federal Highway) registering among the lowest median household incomes in the City. In 2021. the City in partnership with Florida International University, conducted a Racial and Social Equity Comprehensive Community Needs Assessment which spatially analyzed indicators of racial and social inequities throughout the City. Community lifelines Primary community lifeline Safety and security Primary sub -community lifeline Community safety Secondary community lifeline (optional) Transportation Secondary sub -community lifeline Highway/roadway/motor vehicle Tertiary community lifeline (optional) Not applicable mtps://go.femo 1'r8oU-4r11-8mUo-3nOd1Onr83f5/view Page 187Of8PG 11/12/21, 9:51 AM Tertiary sub -community lifeline Hazard sources Primary hazard source Secondary hazard source (optional) Tertiary hazard source (optional) How will the mitigation activity be implemented? FEMAGO - Application Scope of work Flooding Severe storm Tropical cyclone (Hurricane/Typhoon) Once awarded, the City of Boynton Beach will work over the course of 12-18 months in partnership with procured contractors to develop design to 100%. All contracted work supporting this project will be or will have been procured competitively aligned with applicable Federal procurement standards. The City's Utilities Department currently manages a list of continuing services contractors that will be utilized as applicable for project scoping activities. The City's planning process includes environmental review, permitting, and stakeholder engagement which will be executed by the selected contractor(s) in coordination with City staff. The City of Boynton Beach has a team of dedicated staff across departments who are experts in project management, grants administration, engineering, design, construction and modeling. Stakeholders, including residents, local interest groups, state, and federal agencies will be engaged through various forums/venues, both existing and new, in- person and virtually to collect necessary feedback to identify any potential project efficiencies, risks, implementation considerations, and valuable content for the future full BRIC application. Though stakeholder engagement and partnership collaboration will take place throughout the lifecycle of the period of performance, once most of the stakeholder feedback has been identified and collected and used to inform project design, the City will develop the full application using the FEMA GO system. The full application will include sound Benefit -Cost Analysis (BCA) using FEMA Standard Values and accepted approaches with an accompanying BCA methodology. The deliverables from this scoping project - 100% design documents, BCA and methodology, and documentation/evidence of the stakeholder engagement and partnership collaboration work - https://go.fema.gov/subApplication/eb4aeb2l-78ed-4711-8abe-350dl 65783f5/view Page 188 of qp� 11/12/21, 9:51 AM FEMAGO - Application Scope of work What is the scope of work of the proposal? Will it result in a complete project application for future funding opportunities? will all be included as attachments/inputs in the project implementation grant application to be submitted in a future grant cycle. The scope of work for this proposal is to: (1) review and evaluate existing plans and data; (2) conduct stakeholder engagement and partnership building activities; (3) complete design; and (4) develop the full application for construction (to be submitted in a future BRIC application cycle) including the benefit cost analysis (BCA). This scope of work will result in a complete project application for future funding opportunities. In addition, the scope of work from stakeholder engagement through design includes the identification, feasibility analysis, prioritization of mitigation alternatives leading to the selection of a flood mitigation project for the full BRIC application. Procurement of engineering consulting firms and contractors will be conducted in accordance with all state and federal guidelines, including HMA guidance provided by FEMA and 2 C.F.R. §§ 200.317 — 200.326. The Utilities Department manages a list of engineering consulting firms with continuing services contracts that will be utilized as applicable for project scoping activities. REVIEW AND EVALUATE EXISTING PLANS AND DATA Scoping activities will commence with inventory and review of relevant available studies, models, plans, reports, and data that could help inform the project — and to identify data gaps and actions for closing them. Some of the key plans that will be utilized and referenced include the 2020 update to the Flood Mitigation Plan, and the 2021 Multi - jurisdictional Climate Change Vulnerability Assessment (CCVA) conducted by the Coastal Resilience Partnership of Southeast Palm Beach County (CRP). Through the CCVA, FMP and other risk -related initiatives and plans, the City has identified several areas within its jurisdiction that are prone to flooding from heavy rainfall, storm surge, and tidal flooding. Moreover, rising sea and groundwater levels; aging drainage infrastructure; and increased development pressures has reduced water storage capability in many of these areas resulting in increased impacts/damages from flood hazard events. The CCVA has identified 13 areas within the proposed study area and in the vicinity of the Seacrest Boulevard Corridor for possible Adaptation Action Area (AAA) designation. An AAA is an optional comprehensive https://go.fema.gov/subApplication/eb4aeb2l-78ed-4711-8abe-350dl 65783f5/view Page 189 of §P� 11/12/21, 9:51 AM FEMAGO - Application Scope of work plan designation for areas that experience coastal flooding and are vulnerable to the impacts of sea level rise for the purpose of prioritizing funding for infrastructure planning. AAAs can be used as a flexible planning and zoning tool to help bridge the gap between assessing vulnerability and project construction to address interrelated risks more holistically, develop best practices, foster collective learning, and facilitate infrastructure investments and prioritization of capital improvement projects. The project scoping activities will build on the data collected from the CCVA to further assess risk, and for prioritizing alternatives and selecting a mitigation activity/ies from one of these 13 areas for a full BRIC application during a future funding cycle. The 2020 FMP identified several activities to reduce flood risk in the study area including planned drainage improvements such as: the Potter Road and Dimick Road drainage improvements project; Central Seacrest Corridor Phase 11 & III project; and SE 2nd Street drainage improvements project near Betty Thomas Park. Collectively these projects aim to address increasing flood risk, primarily from rain events by improving drainage infrastructure for current and future conditions. Thus, the City can leverage these existing and planned initiatives for data collection, scoping and ultimately design of a mitigation activity that is in a better position to be shovel ready as a result of building on previous work. CONDUCT STAKEHOLDER ENGAGEMENT AND PARTNERSHIP BUILDING ACTIVITIES Multiple stakeholder groups will have to be engaged to complete this planning effort. The City will conduct stakeholder outreach and partnership development prior to the design of the project and ongoing throughout the scoping phases. Initial partners will include all relevant City departments, affected residents, homeowner associations, civic and community groups, academic institutions and businesses affected by and that may have interest in the proposed project(s). The City will continue to build partnerships with community organizations for equitable engagement to ensure that concerns of all residents who might be affected by the outcomes of the project are captured in the design and decision-making processes. The City will robustly engage with the private sector to better assess mitigation needs and costs for increasing private sector investment over time. This engagement will allow for the exploration of innovative financing and public- https://go.fema.gov/subApplication/eb4aeb2l-78ed-4711-8abe-350dl 65783f5/view Page 190 of qp� 11/12/21.9:51*m FEwxGO Application Scope ofwork private partnership to help identify potential revenue and funding streams tobuild resilience in this area beyond the grant funding period of performance. The project scoping aotivitieo will build on existing partnerships via the CRP, which along with City ofBoynton Beach includes City of Boca Raton, Town of Highland BeacM. City of Delray Beach, Town ofOcean Ridge, Town of Lantana, City ofLake Worth Beach and Palm Beach County. The proposed mitigation activity for full BFK|C application that emerges from project scoping will with applicable priorities from the CCVAand will involve the consultation ofthe partnering municipalities toensure that proposed solutions are designed, constructed and operated inmmanner that seeks harmonization with the CCVAmagion as awhole and minimizes adverse unintended consequences for neighboring jurisdictions. Coordination with The South Florida Water Management District /SFWK0D\.Florida Department ofEnvironmental Protection (FDEP), Florida Department ofTransportation /FDOT1.and the 0S Army Corps of Engineers (USACE), will ensure efforts are aligned mtboth the state and federal levels. COMPLETE DESIGN Complete, 100%design plans will be produced through the proposed scoping. The City will contract design work toqualified firmm(e). with project management responsibility from its Utilities Department. Leveraging data collected during the survey phase, and incorporating stakeholder feedback andmdditionm|dmtm-the contractor will review alternatives tofinalize selection ofmcost-effective mitigation project in the study area. The design team will also review other existing and on-going planning efforts to align the project with larger mitigation efforts underway inthe City and County as applicable. In addition to alignment with other plans, design will incorporate nature -based elements into the mitigation project and align those solutions with existing relevant initiatives such asthe City's Urban Tree Canopy Program. Incorporating these elements will help to maximize co -benefits such msrecreation and hmbitatand ' address additional risks including water quality and emdmerne heat. Design will also consider future conditions where appropriate. This includes expected sea level rise impacts and the effect on drainage, building onthe related analysis in the CCVA/otherplans; and also expected land use changes and their impacts onflood risk and drainage. DEVELOP APPLICATION FOR p�n�1��Of��G m�s�go.�� mog�svuAppnmmomeU400Uz1'r8o�4r11'8oU*3n&u1Onr83��iow Page �nr 11/12/21.9:51*m FEwxGO Application Scope ofwork CONSTRUCTION INCLUDING BCA Finally, this scope includes BCA and developing afull project application for future funding opportunities. The BCA will include data inputs based onsound calculations using reputable sounnRo. FEMA standard values, and methodologies approved bv FEMA and its library OfBCA resources. The BCA will use the latest FEMA BCA Toolkit and will be accompanied byamethodology memo toexplain the process and approach for it. Through the design and stakeholder engagement process, The City will obtain all detailed information required for amonmpetitive grant application, including coat estimates, environmental and historic preservation review, detailed schedule, and supporting reports/documents. Who will manage and complete the mitigation activity? The City of Boynton Beach's Office of What are you doing toconsider other risks inthe project area? Sustainability and Utilities Department - Engineering Division will collaborate to oversee ntEngineeringDh/isionmiUooUmborotetmmveroee the mitigation activity to be completed. Department staff includes significant expertise in project management, grant administration, engineering design, construction, and modeling — and will be supported by staff from other affected Departments asneeded including City Manager's Office, Finance, Economic Development, and Public Works. The scoping ofthis projectwill include coordination with local stakeholders toassess private and/or adjacent agency vulnerabilities. This includes local residents and businesses, aawell as regulatory agencies including the SFVVK00. F0EP, F[3OTUSACEand PBC. The design ofthis project will also incorporate the risk from sea -level rise and its impacts todrainage. Impacts include but are not limited tothe potential for downstream outfalls tobeinundated and increased flood elevations. In addition, the project will incorporate available data and information from relevant existing plans including the CCVAregarding other physical risks including Meat. high winds and water quality, as well as social vulnerability and economic risks within the project area — and prioritize feasible solutions that maximize co - benefits and opportunities for reducing non -flood hazard risks. The CCVAincludes detailed spatiotemporal analyses ofvulnerabilities and risks associated with three types offlooding: Rainfall -induced Flooding, Storm Surge, and Tidal Flooding. The CCVA also included non -flooding climate threats (high winds, extreme heat, drought, 11/12/21, 9:51 AM FEMAGO - Application Scope of work Is there an estimate for when the mitigation activity will take place? What alternatives will be considered? etc.) using spatial and/or narrative analyses. The assessment includes an analysis of the vulnerability of and risks to critical assets, including regionally significant assets, that are owned and managed by the City. In total, seven asset classes are included in the assessment: critical facilities, water infrastructure, property (residential and commercial/industrial), transportation & mobility, people & socioeconomics, economic factors, and natural resources. Therefore, the project scoping project can leverage significant existing data and analyses for considering other risks in the project area. In addition, the CCVA utilized the recently released Unified Sea Level Rise Projections in Southeast Florida 2019 Update executed by the Southeast Florida Regional Climate Change Compact's Sea Level Rise Ad Hoc Work Group, specifically using the 2040 and 2070 projections. The CCVA applies a baseline and three future sea level rise scenarios to each flooding assessment as follows: • 2020 baseline (7" above 2000 MSL, NOAA Intermediate High) • 5" above 2020 (IPCC Median, low-end projection for 2040) • 13" above 2020 (NOAA High, high-end projection for 2040; and IPCC Median, low-end projection for 2070) - 33" above 2020 (NOAA Intermediate High, moderately high-end projection for 2070) If selected, the City of Boynton Beach estimates that project scoping will take approximately 12-18 months after award. Outcomes/deliverables of this project scoping will be 100% design of flood mitigation improvements in a selected potential AAA in the Seacrest Corridor, BCA and accompanying methodology, and full BRIC application for submittal in a future funding cycle. If ultimately awarded the mitigation/implementation project grant award for construction, The City of Boynton Beach estimates the project to be completed within 36 months. In addition to the no -action alternative, several different flood mitigation alternatives will be analyzed, vetted with stakeholders, and prioritized/ranked as part of the project scoping activities. Do activities being considered align with hazard This project scoping application aligns with Palm mitigation plan? Beach County's (PBC) 2020 LMS. This project scoping application will support the City of Boynton Beach (City) in further developing its design documentation and prepare a full project https://go.fema.gov/subApplication/eb4aeb2l-78ed-4711-8abe-350dl 65783f5/view Page 193 of 11/12/21.9:51*m Additional comments (optional) Attachments Filename and Social Equity Attachment N Urban FEwxGO Application Scope ofwork Date Uploaded by Uploaded ^ implementation grant application in the future. The eventual implementation ofthis project xxiU mitigate risk for flood prone areas inthe along the Seacrest Boulevard Corridor which is increasingly impacted bvflooding hazards from heavy rainfall, storm surge, and tidal flooding influenced by rising sea levels. This application aligns with several Goals ofthe LK8Sincluding: 1\reduce the loss oflife, property, and repetitive damage from the effects ofnatural, human caused, and technological hazards from all sources but especially hurricanes, tornadoes, major rainfall, and other severe weather events; and (G)promote awareness and preparedness through the distribution of information on hazards and measures to mitigate them. In addition, this project helps support several mfthe ultimate objectives identified inthe LK8Sincluding: (1) improve the community's resistance todamage from known natural, human caused, and environmental hazards; (2) place PBC inaposition tocompete effectively and produotive|yforprm-mndpoet- dismsterrnitigationfunding assistance; and (4) reduce the cost of disasters at all levels. Label 11/10/2021 ajani.stewart@arcadis.com Scope ofWork Attachments Description Boynton Beach Racial &Social Equity Comprehensive Needs Assessment 11/12/2021 ajani.stewart@arcadis.com Scope ofWork Census Block Attachments Table Data 11/10/2021 jani.utevvart@aroadie.00m Scope ofWork Boynton Beach Attachments Urban Tree Canopy Program 2O2O p�n�1�4Of��G m�s�go.�� mog�svuAppnmmomeU400Uz1'r8o�4r11'8oU*3n&u1Onr83��iow Page rnnr 11/12/21.9:51*m Filename FEwxGO Application Scope ofwork Date Uploaded by Uploaded ^ Label Description Action Attachment H Boynton 11/10/2021 ajani.stewart@arcadis.com Scope ofWork Boynton Beach Beach Flood Hazard Attachments Flood Hazard 11/10/2021 ajani.stewart@arcadis.com Scope ofWork Flood Mitigation 2019 -areas -[Lone -to- Attachments Plan Flood fkooding,pif Prone Areas Table 2019 Attachment I Boynton 11/11/2021 ajani.stewart@arcadis.com Scope ofWork No description Beach Coastal Flood Attachments given. Vulnerability Map Series 2021.pdf Attachment K Letter of 11/10/2021 ajani.stewart@arcadis.com Scope ofWork PBC LMS Support PBC LMS.pdf Attachments Working Group Letter of Support 11/10/2021 ajani.stewart@arcadis.com Scope ofWork K4ubi- 8pAttachments jurisdictional Beach gdf CCVA Appendix 2 - Boynton Beach Summary 11/10/2021 ajani.stewart@arcadis.com Scope ofWork Photo|ogof of Recent Flood Attachments Recent Flood EveIbs.docx Events inStudy Area Attachment B 11/10/2021 janiutevvad@aroadie.00m Scope ofWork Soocraat SeacrestBlvd Study Attachments Boulevard Area w pdf Corridor Study Area with A\Ae 11/10/2021 ajani.stewart@arcadis.com Scope ofWork Multi - Final Repart.pdf 4ubi-FinalURepart.pdf Attachments jurisdictional CC\A\ Final Report Attachment F 2020 11/10/2021 ajani.stewart@arcadis.com Scope ofWork Flood Mitigation FK�P Update Document Attachments Plan Update 9 Action Plan.pdf 2020 C 0 '-'t� mm� p�n�1��Of8�G m�s�go.�� mog�svuAppnmmomeU400Uz1'r8o�4r11'8oU*3n&u1Onr83��iow Page nnr 11/12/21.e:52*m FsMxGO Application Schedule Seacrest Boulevard oNNevard Corridor Flood Miti �� on u�N� �� Projectves �� Scoping ��0�� N�'mmm�� Schedule Specify the work schedule for the mitigation activities. Add tasks to the schedule Status: Submitted to recipient Please include all tasks necessary toimplement this mitigationactivity; include descriptions and estimated time Task Name Plan and Data Review Task Name Stakeholder engagement and partnership development Task Name Engineering and Design Task Name Benefit -Cost Analysis and Full Application Development Start Month Task Duration (in Months) 3 months Task Description Conduct inventory and review ofrelevant available atudioe, modo|u, p|anu, raporte, and data that could help inform the project —andLoidendfvdatagapaandacdonaforc|oeingLhem. Start Month Task Duration (in Months) 18 months Task Description Conduct meetings, outreach, and coordination with the community and relevant agency stakeholders. Start Month Task Duration (in Months) 14 months Task Description Develop orconduct engineering, environmental feasibility and benefit cost analyses. Complete the full design for this project Start Month Task Description Task Duration (in Months) 3 months p�n�1��Of��G m�s�go.�� mog�svuAppnmmomeU400Uz1'r8o�4r11'8oU*3n&u1Onr83��iow Page nz 11 / 12/21, 9:52 AM FEMAGO - Application Schedule Activities supporting development ofapp|ioation/a>.The City of Boynton Beach will use the results ofthe stakeholder engagement and partnership development process and the engineering/design process todevelop afull project app|ioadon for construction ofthe offlood mitigation improvements, including the project ecopa.benoDtooetano|yeie(BCA)ueingFEK4A- approvedBCAmethodo|ogieaandeLandand/acoepLedva|uea. environmental and historic preservation naviavv` and more Task Name Start Month Task Duration Project Oversight and 1 (in Months) Management 18 months Task Description Ongoing management ofthe project, napodingrequinemanta. grant management, requests for reimbursement. Estimate the total duration of your proposed activities 18 (in months). Proposed project start and end dates Start Date End Date 2022-07-01 2023-12-31 p�n�1�7Of8�G m�s�go.�� mog�svuAppnmmomeU400Uz1'r8o�4r11'8oU*3n&u1Onr83��iow Page -�z 11/12/21, 9:53 AM FEMAGO -Application Budget Status: Submitted to Seacrest Boulevard Corridor Flood recipient Mitigation Alternatives Project Scoping Budget Budget cost estimate and management cost (optional) should directly link to your scope of work and work schedule. You must add at least one item(s) greater than $0 for your cost estimate. Once you have added item(s) for your cost estimate, you may then add the item(s) for management cost (optional). As necessary, please adjust your federal/non-federal cost shares and add the non-federal funding source(s) you are planning to use this project. Once you have completed this section, please click the Continue button at the bottom of this page to navigate to the next section. Add budget cost types and item(s) Click the Add cost type button below to add cost type cost estimate and then click the Add item(s) button to add the item(s) for the cost estimate. After adding items to your cost estimate, you may then select Add cost type button again to add management costs (optional) and applicable items. Grand total: $215,250.00 IIIf u -t type: INoin Construction Cost type: Cost estimate Cost type: Management cost Program income (optional) Cost share Cost share or matching means the portion of project costs not paid by federal funds. Proposed federal vs. non-federal funding shares $205,000.00 $10,250.00 Hazard Mitigation Assistance (HMA) funds may be used to pay up to 75% federal share of the eligible activity costs. For Building Resilient Infrastructure and communities (BRIG), small impoverished communities may be eligible for up to 90% federal share. For Flood Mitigation Assistance (FMA), and severe repetitive loss (SRL) properties may be eligible for up to 100% federal share. Repetitive loss (RL) properties may be eligible for up to 90% federal share. Flood Mitigation Assistance (FMA) and severe repetitive loss (SRL) properties may be eligible for up to 100% federal share. Repetitive loss (RL) properties may be eligible for up to 90% federal share. https://go.fema.gov/subApplication/eb4aeb2l-78ed-4711-8abe-350dl65783f5/view Page 198 of 895 11/12/21.e:53*m Is this a small impoverished communi y1_0 This determines your fedoraKnon-fedana|share ratio. No FEMxGO -Application Budget Non-federal funding sources here That portion ofthe total costs of the program provided by the non-federal entity in the form of in-kind donations or cash match received from third parties or contributed by the agency. In-kind contributions must be provided and cash expended during the project period along with federal funds to satisfy the matching requirements. Funding source li� mNon- Funding federal share by source Please provide any additional comments below Match approval for ��12.50local share will be (oPti»na0"ndimgmmmrce: General and Other Fmmd*mdMdhtioeion meeting (for which this grant application is included b|efmr FY21-22-and additional |onm|/non-fedena|funds will be made available on 10/1/22 for FY22-23. Attachments �i|FilenameDate Uploaded bv Label uploaded ^ 11/12/2021 jani.atexwart@arcadia.com Budget Maintenance Q1f /#tochnnonte Attachment P - Cost 11/12/2021 ajani.stewart@arcadis.com Budget SiaUre-Letter.pdf Attachments Description Action p�n�1��Of8�G m�s�go.�� mog�svuAppnmmomeU400Uz1'r8o�4r11'8oU*3n&u1Onr83��iow Page -�� Y6 $ Dollar amount Percentage Proposed 75.00 101437.80 federal share Proposed 25.00 53812.50 non-federal share Based ontotal budget cost: $21e.2e0.00 Non-federal funding sources here That portion ofthe total costs of the program provided by the non-federal entity in the form of in-kind donations or cash match received from third parties or contributed by the agency. In-kind contributions must be provided and cash expended during the project period along with federal funds to satisfy the matching requirements. Funding source li� mNon- Funding federal share by source Please provide any additional comments below Match approval for ��12.50local share will be (oPti»na0"ndimgmmmrce: General and Other Fmmd*mdMdhtioeion meeting (for which this grant application is included b|efmr FY21-22-and additional |onm|/non-fedena|funds will be made available on 10/1/22 for FY22-23. Attachments �i|FilenameDate Uploaded bv Label uploaded ^ 11/12/2021 jani.atexwart@arcadia.com Budget Maintenance Q1f /#tochnnonte Attachment P - Cost 11/12/2021 ajani.stewart@arcadis.com Budget SiaUre-Letter.pdf Attachments Description Action p�n�1��Of8�G m�s�go.�� mog�svuAppnmmomeU400Uz1'r8o�4r11'8oU*3n&u1Onr83��iow Page -�� 11/12/21, 9:53 AM Filename Flood Mitigali2n Alternatives Prgject Scoping Budget.xlsx FEMAGO -Application Budget Date Uploaded by uploaded Label Description Action 11/10/2021 ajani.stewart@arcadis.com Budget Attachments No description given. https://go.fema.gov/subApplication/eb4aeb2l-78ed-4711-8abe-350dl 65783f5/view Page 200 of 895 11/12/21, 9:53 AM FEMAGO - Application Cost-effectiveness Seacrest Boulevard Corridor Flood Mitigation Alternatives Project Scoping Cost-effectiveness How was cost-effectiveness determined for this project? V Not applicable Please explain why this project is not applicable Please provide any additional comments below (optional). Attachments Filename Date uploaded Uploaded by Status: Submitted to recipient As an eligible capability and capacity building activity (C&CB) FEMA does not require project scoping applications to include a BCA. The intent of the project scoping is to analyze conditions in the project area and develop full desing for a project. Following those efforts scoping will include the development of a project application complete with a Benefit Cost Analysis following FEMA methodology and using approved standard values. Label Description Action https://go.fema.gov/subApplication/eb4aeb2l-78ed-4711-8abe-350dl 65783f5/view Page 201 of 895 11/12/21, 9:53 AM FEMAGO -Application Evaluation Seacrest Boulevard Corridor Flood Mitigation Alternatives Project Scoping Evaluation Is the applicant participating in the Community Bating Yes .System (CRS)? Select rating. 6 Is the applicant a Cooperating Technical Partner No .(CTP)? Was this created from a previous FEMA HMA Advance No assistance / Project scoping award? Has the applicant adopted building codes consistent with the international codes? Year of building code Please provide the building code. Yes 2020 Status: Submitted to https://codes.iccsafe.org/codes/florida Have the applicant's building codes been assessed on Yes the Building Code Effectiveness Grading Schedule ,(CS)? Select rating. Describe involvement of partners to enhance the mitigation activity outcome. 3 recipient The City of Boynton Beach believes that broad community support, including ongoing public and private sector involvement, is very important to the success of the ultimate mitigation project that will be advanced through this process. The City will conduct stakeholder outreach and partnership development prior to the design of the project and ongoing throughout the scoping phase. Initial partners will include affected residents, homeowner associations, civic and community groups, academic institutions and businesses affected by and that may have interest in the proposed project. In addition, the City will continue to build partnerships with community organizations to conduct equitable engagement and ensure that concerns of all residents who might be affected by the outcomes of the project are captured in the design decision-making process. In particular, the City intends to robustly engage with the private sector to better assess https://go.fema.gov/subApplication/eb4aeb2l-78ed-4711-8abe-350dl 65783f5/view Page 202 of 895 11/12/21, 9:53 AM FEMAGO -Application Evaluation mitigation needs and costs to leverage private sector investment over time. This engagement will allow for the exploration of future innovative financing and public-private partnership to help identify potential revenue and funding streams for adaptation beyond the grant funding period of performance. This proposed project builds on the initial findings of CCVA along with the City of Boca Raton, Town of Highland Beach, City of Delray Beach, Town of Ocean Ridge, Town of Lantana, City of Lake Worth Beach and Palm Beach County — which collectively comprise the Coastal Resilience Partnership of Southeast Palm Beach County (CRP). The City of Boynton Beach (Sustainability Office) has served as the CRP Steering Committee Coordinator for several years, leading the development of an interlocal agreement among partner jurisdictions and managing prior grant -funded phases of collaborative work on the CCVA. The proposed mitigation activity emerging from this scoping process will align as applicable with findings and priorities with the CCVA and will involve the consultation of the partnering municipalities to ensure that that it not only mitigates risk with the specific project area to be define, but that it is designed, constructed and operated in a manner that seeks harmonization with the CCVA region as a whole and that it minimizes or eliminated adverse unintended consequences with neighboring jurisdictions. Similarly the City will engage the Southeast Florida Regional Climate Change Compact — of which it is an active participant — throughout the scoping and design process as a key stakeholder and also for technical insight and input on the mitigation activity to be proposed. Lastly, the City will engage with applicable regulatory and permitting agencies including but not limited to the United States Army Corps of Engineers, Florida Department of Environmental Protection, Florida Department of Transportation , and the South Florida Water Management District and PBC. Additional comments (optional) The City is currently under ISO evaluation for a possible upgrade in BCEGS rating. Also, per the findings from the City's most recent CRS verification visit on January 27, 2021 has resulted a recommendation from the Insurance Services Office (ISO) to improve the City's CRS rating from 6 to 5. This improved rating will become effective on April 1, 2022. https://go.fema.gov/subApplication/eb4aeb2l-78ed-4711-8abe-350dl 65783f5/view Page 203 of 895 11/12/21, 9:53 AM Attachments Filename Improvement ISO Recommendation Summary.pf ./L FEMAGO -Application Evaluation Date Uploaded by uploaded 11/11/2021 ajani.stewart@arcadis.com Label Description Action Evaluation No Attachments description given. https://go.fema.gov/subApplication/eb4aeb2l-78ed-4711-8abe-350dl 65783f5/view Page 204 of 895 11/12/21, 9:54 AM FEMAGO - Application Comments & attachments Status: Submitted to Seacrest Boulevard Corridor Flood recipient Mitigation Alternatives Project Scoping Comments & attachments ► Community 0 comment, 1 attachments ► Mitigation plan 1 comment, 2 attachments ► Scope of work 0 comment, 12 attachments ► Budget 1 comment, 1 attachments ► Cost-effectiveness 0 comment, 0 attachments ► Evaluation 1 comment, 1 attachments C r'ri n ��j,'a https://go.fema.gov/subApplication/eb4aeb2l-78ed-4711-8abe-350dl65783f5/view Page 205 of 895 11/12/21.e:54*m FEm*GO Application Assurances and certifications Status: Submitted Seacrest Boulevard Corridor Flood recipient Mitigation Alternatives Project � ��N�N��N�� N��N��N�� N�'N��N�� ~~ ~ Scoping ��0�� ~��N�'mmm�� Assurances and certifications OMB number: 4O40-0OO7.Expiration date: O2/20/2O SF -424B: Assurances - Non -Construction Programs OMB Number: 4O4O-OOO7 Expiration Date: 02/28/2022 Certain of these aeaunynoeu may not be applicable to your project or program. If you have any quaetione, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify toadditional assurances. |fsuch iethe case, you will bonotified. As the duly authorized representative of the applicant, | certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient topay the non -Federal share ofproject ooet)toaneupepropar planning, management and completion ofthe project deuohbodinthiaopp|iootion. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of197O (42 U.S.C. ) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5C.F.F<.9OO.Subpart F). <l Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: /e\Title V| of the Civil Rights Act of 1864 /F!L 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.8§1O81-1O83.and 1O85-1O80\.which prohibits discrimination onthe basis ofsex; (o)Section 504ofthe Rehabilitation Act of1S73.aeamended /2SU.S.C. §784>.which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101 - 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g}8§523and 527ofthe Public Health Service Act of1S12/42U3.C. §§200dd-3and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII ofthe Civil Rights Act of1S08(42U.S.C. §§30O1eteoq.).aeamended, relating to P�n��Of�� m�s�go.�� mog�svuAppnmmomeU400Uz1'r8o�4r11'8oU*3n&u1Onr83��iow Page n� 11/12/21.e:54*m FEm*GO Application Assurances and certifications nondiscrimination inthe sale, rental mfinancing ofhousing; any other nondiscrimination provisions in the specific > under which application for Federal assistance iubeing made; and, 0)the requirements of any other nondiscrimination utatute/u\whioh may apply to the application. 7 Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal orfederal |y-aaeieted programs. These requirements apply to all interests in real property acquired for project purpoeeurogard|aaeofFodons|partioipotioninpuroheaae. 8. Will comply, aeapplicable, with provisions ofthe Hatch Act /5U.S.C. §815U1-15O8and 7324-7328> which limit the political activities of employees whose principal employment activities are funded in whole orinpart with Federal funds. 8. Will comply, aeapplicable, with the provisions ofthe Davis -Bacon Act /4OU.S.C.88278ato27Oa-7\. the Copeland Act /4OU.S.{|.8270oand 18U.S.C. §874\.and the Contract Work Hours and Safety Standards Act (4OU.S.C. §§327-333), regarding labor standards for federal ly-assisted construction eubagraamente. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of1S73 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition ia$1O.00Oormore. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodp|oinainaccordance with E(]11888;(a) assurance ofproject oonuiutancyvviththeapprovod State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 8§1451 atuaq.); 0l conformity ofFederal actions toState (Clean Air) Implementation Plans under Section 17O(o)ofthe Clean Air Act of1855.aaamended (42U.S.{|.8874O1ataeq.);(g)protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (PLS3-2O5). 12. Will comply with the Wild and Scenic Rivers Act of1SO8 (16 U.S.C. 881271 otsoq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of1808.auamended (18U.S.C.847O).EC>115S3(identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a- 1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15.Will comply with the Laboratory Animal Welfare Act of1S80(PL80-544.aeamended, 7U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §84OU1aLaeq.)which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of1S00and C>K4B Circular No. A-133. "Audits ofStates, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 18. Will comply with the requirements ofSection 1U0(g)ofthe Trafficking Victims Protection Act (TVFA} of 2000, as amended /22 U.S.C. 7104) which prohibits grant award recipients oro sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in hups://go.»amo.gov/svbAppUoeuon/eU400Uz1'r8oU'4r11'8oU*3nOd1Onr83f5/vi*w Page 207 Of89� 11/12/21.e:54*m FEm*GO Application Assurances and certifications effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. OMB number: 1660-0083, Expiration date: 10/31/2021 View burden statement Certifications regar=~nglobbying; =ba��t, Suspension and other responsibility matters; and Drug-free workplace requirements Content: OMB Control Number: 1660-0083 Expiration: 10/31/2021 Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying" and 28 CFR Part 17, "Government -wide Debarment and Suspension (Nonprocurement) and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Federal Emergency Management Agency (FEMA) determines to award the transaction, grant, orcooperative agreement. Aurequired bvsection 1352.Title 31ofthe U.S. Code, and implemented at44CFR Part 18.for persons entering into a grant or cooperating agreement over $ 100,000, as defined at 44 CFR Part 18, the applicant certifies that: (a) 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 making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. (b) If any other funds than Federal appropriated funds have been paid or will be paid to any other person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or an employee of Congress, or employee of a member of Congress in connection with this Federal Grant or cooperative agreement, the undersigned shall complete and submit Stand Form-LILL, "Disclosure ofLobbying Aotivitiee."inaccordance with its instructions. (c)The undersigned shall require that the language of this certification be included in the award documents for all eubavvarde at all tiers (including uubgnante, contracts under grants and cooperative agreemonte, and subcontracts) and that all eubracipionteeha|| certify and disclose accordingly. Standard Form -LLL :'Disclosure of Lobbying Activities' attached (This form must be attached to certification if nonappropriated funds are to be used to influence activities.) 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR Part 67, for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510- A. A. The applicant certifies that itand its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded 11/12/21.e:54*m FEm*GO Application Assurances and certifications from covered transactions bvany Federal department oragency; b. Have not within a three-year period preceding this application been convicted of a or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perform a public a public (Federal State, or local) transaction or contract under public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, thoft, forgary, bribery, falsification or destruction of reoorde, making false statements, or receiving stolen property; o. Aro not presently indicted for otherwise criminally orcivilly charged by governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) /b\ of certification; and `' d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause of default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation tothis application. 3.DRUG-FREE WORKPLACE (GRANTEE OTHER THAN INDIVIDUALS) Aurequired bvthe Drug -Free WorkplaceAo of1988.and implemented cd44CFR Part 17.Subpart F, for grantees, as defined at 44 CFR Part 17.615 and 17.620 - & The applicant certifies that kwill continue toprovide adrug-free workplace by; a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; Establishing an on-going drug free awareness program to inform employees about- 1.ThodangaraofdruAabuaainthovvorkp|ooe; 2. The grantee's policy ofmaintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; . ` o.Making harequirement that each employee to be engaged inthe performance ofthe grant to bogiven acopy ofthe statement required bvparagraph (a); d. Notifying the employee inthe statement required by paragraph (a) that, as condition of employment under the grant, the employee will - 1. Abide by the term of the statement; and 2. Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring ion the workplace no later than five calendar days after such convictions; e. Notifying the agenoy, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notima, including poeidon, dt|a` to the applicable FEMA awarding Vffioe, i.e., regional office or FEMA office. f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to anyemployee who is convicted - 1. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation act of 1973, as amended; or 2. Requiring such an employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, |avv enforoament, orother appropriate agency; g. Making agood faith effort tocontinue tomaintain adrug free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). P�n��Of8�� m�s�go.�� mog�svuAppnmmomeU400Uz1'r8o�4r11'8oU*3n&u1Onr83��iow Page -�� 11/12/21.e:54*m FEm*GO Application Assurances and certifications B.Thagnantaenloyinsortintheupa000rovidodbelowtheaUe(s)kxthoperkornloncoofvvorkdonoin connection with the specific grant: Place ofPerformance (Street address, City, County, State, Zip code) There are workplaces onfile that are not identified Sections 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for FEMA funding. States and State agencies may elect touse astate wide certification. P�n��1�Of8�� m�s�go.�� mog�svuAppnmmomeU400Uz1'r8o�4r11'8oU*3n&u1Onr83��iow Page -�� 6.E. Consent Agenda 11/16/2021 Requested Action by Commission: Proposed Resolution No. R21-155 - Approve and ratify reopened and new Articles of S E I U Blue and White Collar Collective Bargaining Agreements. Explanation of Request: The current Collective Bargaining Agreements had a Year Two Reopener for Article 30 - Wages. During negotiations, we added a new Article 51 to address the Covid-19 vaccination incentive. In summary, following four bargaining sessions, the City and the Union agreed to the following: • 4% base rate increase for members hired before April 1, 2021. • 2% base rate increase for members hired on or after April 1, 2021. • Acceptance of premium pay incentive. • Acceptance of vaccination incentive. The specific details for each Article are available for review in the attachment. How will this affect city programs or services? Having Collective Bargaining Agreements in place provides bargaining unit employees and management with guidance on current terms and conditions of employment in effect. Fiscal Impact: Wages are budgeted in the bargaining unit employees' respective departments' salary line items as approved in the FY 21-22 Adopted Budget. Alternatives: Do not approve and return to bargaining. Strategic Plan: High Performing Organization Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 211 of 895 Attachments: Ty pe D lReSolUboill D AWENnduirn Description Resolution appirNing the reopened and inew Articles of Ul'ie IBC and VVC CIC: As Reqpeinf,,ir Articles Page 212 of 895 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 R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND RATIFYING THE REOPENED AND REOPENED AND NEW ARTICLES OF THE COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC (SEIU) (BC & WC) FOR THE PERIOD OF OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2023; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the SEIU (BC & WC) Collective Bargaining Agreements ending September 30, 2023 had a Year Two Reopener for Article 30 — Wages; and WHEREAS, during negotiations, we added a new Article 51 to address the COVID- 19 vaccination incentive; and WHEREAS, following four bargaining sessions, the City and the Union agreed to the following: 4% base rate increase for members hired before April 1, 2021; 2% base rate increase for members hired on or after April 1, 2021; Acceptance of premium pay incentive; Acceptance of vaccination incentive; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the reopened and new articles of the Blue Collar and White Collar Collective Bargaining Agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does S:ACA\RESO\Agreements\CBA Ratifications\SEN Reopened Articles 2021-22(BC & WC) - Reso.docx Page 213 of 895 31 hereby approve and ratify the reopened and new Articles of the Agreements between the 32 City of Boynton Beach and the SEIU Florida Public Services Union, CTW, CLC (Blue Collar 33 and White Collar) for the period of October 1, 2020 through September 30, 2023, a copy 34 of the reopened and new Articles are attached hereto as Exhibit "A". 35 Section 3. This Resolution will become effective immediately upon passage. 36 PASSED AND ADOPTED this 16th day of November, 2021. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ATTEST: 55 56 57 58 Crystal Gibson, MMC 59 City Clerk 60 61 62 63 (Corporate Seal) 64 65 66 Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga VOTE S:ACA\RESO\Agreements\CBA Ratifications\SEN Reopened Articles 2021-22(BC & WC) - Reso.docx YES NO Page 214 of 895 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND SEIU FLORIDA PUBLIC SERVICES UNION, CCW, CLC BLUE AND WHITE COLLAR BARGAINING UNITS October 1, 2020 to September 30, 2023 SEW Blue and White Collor --Amended Following Reopener-2021-10.01-2022-09-30 Page 215 of 895 30,1 Year One (October 1, 2020 -- September 30, 2021): Bargaining Unit members who were actively employed on September 30, 2020 and who have not terminated before ratification of this Agreement, will receive a two and a half percent (2,5%) increase to their hourly base rate effective retroactive to October 1, 2020 provided Union holds ratification vote on or before November 6, 2020, If raflfication vote is held on or after November 7, 2020, the increase will be effective at the start of the first full pay period following ratification by Commission. Employees who are at the rnaximum of their pay grades will receive an equivalent lump sum payment. RrI]q � �111111111 , I 110TMZMZM� This Article was reopened for negotiations in May 2021, The City increased its Pay Nan pay, grade minimum and maximum hourly rates by three percent (3%) for fiscal year 2021/2022. Wage increases will be retroactive to October 1, 2021 only if SEIU ratifies this Agreement on or by November 5, 2021. If SEIU ratifies this Agreement on or after November 6, 2021, wage increases will be effective on the first full pay period following ratification by both SEIU and the City Commission. 30.21 Bargaining Unit members who were actively employed on March 31, 2021 and who have not terminated or submitted an intent to resign prior to ratification of this Agreement and who are not subject to any exclusions, are eligible to receive the following: (a) Four percent (4%) increase to hourly base rate effective at the start of the first full pay period following ratification, 30.21.1 Exclusions (a) Employees whose pay increased pursuant to the 0Ws newly established 515.00 minimum hourly rate and for whom this increase is more than four percent (4%), (b) Employees who are reclassified effective October 1, 2021. and whose pay rate from that reclassification has been increased by more than four percent (4%). (c) Employees who reach the maximum of the pay grade are not entitled to additional compensation above the maximum pay rate for that grade, 30 202 Bargaining Unit members who were hired on or after April 1, 2021 and who have not terminated or submitted an intent to resign prior to ratification of this Agreement and who are not subject to any exclusions, are eligible to receive the following: SOU Blase and White Collar—Amended Following Reopener-2021-10.01-2022-09- '0 Page 216 of 895 (a) Two percent (2%) increase to hourly base rate effective at the start of the first full pay period following ratification; (a) Employees whose pay increased pursuant to the City's newly established $15.00 minimum hourly rate and for whom this increase is more than two percent (2%). (b) Employees who are reclassified effective October 1, 2021 and whose pay rate from that reclassification has been increased by more than two percent (2%), 30.2.3 Bargaining Unit members, including probationary employees, who are actively employed and who have not submitted an intent to resign on or prior to the payment date may be eligible to receive the following Premium Pay funded through American Rescue Plan Act (ARPA) subject to approval by Commission and review by auditors for eligibility: (a) A lump sum premium payment of one thousand dollars ($1,000) payable on or before December 10, 2021; and (b) A lump sum premium payment of one thousand dollars ($1,000) payable on or before July 1, 2022. (i) Member must have been actively employed on or before October 5, 2021, must remain in an active status on date of payment, and must not have submitted an intent to resign on or prior to payment date. 1!1 � I !11'1• ni Ing! I!''111,111 lgi 1111111g1, I �� MOMNIM This Article will be reopened for negotiations no later than July 2023. SEW Blue and White Collor — Amended Following Reopener — 2021-10-01 — 2022-09-30 Page 217 of 895 SLI Employees who are fully vaccinated on or by November 15, 2021 are eligible for a one • time lump sum vaccine incentive payment of five hundred dollars ($500,00). In order to be eligible, member must submit completed vaccination card to jyjA� Ial�fl or hand deliver to Human Resources on or by November 15, 2021. The last day to receive the single dose Johnson & Johnson vaccine or the second dose of either the Pfizer or Moderna vaccine is October 31, 2021. SE1U Blue and White Collar—Amended Following Reopener —2021-10.01— 2022-09.30 Page 218 of 895 SIGNATURE PAGE Agreed to this day of 2021 by and between the respective parties through the authorized representatives of the Union and the City. gfflxc�" . 0 �kftlk� Witness n-3 Witness NZWdw UVI—Its-a James Cherof, City Attorney /X KJoseph Brenner, SOU Mayor Steven B. Grant Lori LaVerriere, City Manager SEW Blue and White Collor --Amended Following Reopener - 2021-10 01- 2022-09-30 Page 219 of 895 6. F. Consent Agenda 11/16/2021 Requested Action by Commission: Proposed Resolution No. 21-156 - Approve and authorize the Mayor to sign a new Lease Agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. for property located at 909 NE 3rd Street. Proposed Resolution No. 21-157 - Approve and authorize the Mayor to sign a Purchase and Sale Agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. for vacant lots located at NE 9th Avenue and NE 3rd Street. Explanation of Request: On July 6, 2021, the City Commission received an update on the status of lease agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. for the property located at 909 NE 3rd Street. On August 17, 2021, the City Commission received and reviewed supporting documentation outlining how Lutheran Services Florida, Inc. proposed to fund and construct a new facility located at the northeast corner of NE 3rd Street and NE 9th Avenue. Based on consensus from the City Commission, a purchase and sale agreement and new lease agreement was prepared, reviewed, and executed by Lutheran Services Florida, Inc. to memorialize the proposed transactions. Staff recommends approval of the new lease agreement and purchase and sale agreement. How will this affect city programs or services? The Public Works compound, together with the building located at 909 NE 3rd Street, comprise a valuable and desirable redevelopment opportunity in the Heart of Boynton as outlined in the CRA Redevelopment Plan. Fiscal Impact: Fiscal impacts will be incurred as part of the purchase and sale agreement if the property is conveyed at a reduced or discounted purchase price. Additionally, nonprofits are also exempt from paying sales tax and property tax Alternatives: Do not assist with relocation of Lutheran Services and cease operations at the end of lease term. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 220 of 895 Is this a grant? Grant Amount: Attachments: Type D Resokition D I:Resolu�.Join D Agreement DAgire(i....�rm.:.lint Description FResok.aO.Join appirmAing II.....ease Agreement Wth I utheirain Seir\A(..es F::lorlda Resolution appirminIPurchase �and Sale Aoreerneint wifl') I ILJ[heirain Seir\Acc,..,s Florida Cor nirneia-,ial I ease Agireeirneint WIChI lltl�ic..,irain Services F::loirida Pu irdl,iase aind Sale AgireeiiTieint vv t[� I utl'ieirain Seir\k,esIC: loii.ida Page 221 of 895 1 RESOLUTION NO. R21- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A NEW 4 LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 5 LUTHERAN SERVICES FLORIDA, INC. FOR PROPERTY LOCATED AT 6 909 NE 3RD STREET; AND PROVIDING AN EFFECTIVE DATE. 7 WHEREAS, on 7/6/21, the City Commission received an update on the status of a Lease 8 Agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. for the 9 property located at 909 NE 3rd Street; and 10 WHEREAS, the City and Palm Beach County entered into a ten year Lease Agreement 11 dated February 7, 2012 (R2012-0242) for the use of the Leased Premises; and 12 WHEREAS, Palm Beach County assigned the Original Lease to Lutheran Services 13 Florida, Inc., and the City approved the Consent to Assignment and Amendment to Lease on 14 April 15, 2014; and 15 WHEREAS, the City desires to lease the Leased Premises of the building to Lutheran 16 Services Florida who desires to lease the Leased Premises from the City for the term, at the 17 rental and upon the covenants, conditions and provisions set forth in the Lease Agreement; 18 and 19 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 20 recommendation of staff, deems it to be in the best interests of the City residents to approve 21 and authorize the Mayor to sign the Lease Agreement between the City of Boynton Beach and 22 Lutheran Services Florida, Inc. for property located at 909 NE 3rd Street. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Agreements\Lease Agreement With Lutheran Services Florida - Reso.Docx Page 222 of 895 25 Section 1. Each Whereas clause set forth above is true and correct and 26 incorporated herein by this reference. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 28 approve and authorize the Mayor to sign the Lease Agreement between the City of Boynton 29 Beach and Lutheran Services Florida, Inc. for property located at 909 NE 3rd Street. A copy of 30 the Lease Agreement is attached hereto as Exhibit "A". 31 Section 3. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this 16th day of November, 2021. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ATTEST: 49 50 51 52 Crystal Gibson, MMC 53 City Clerk 54 55 56 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga S:ACA\RESO\Agreements\Lease Agreement With Lutheran Services Florida - Reso.Docx VOTE YES NO Page 223 of 895 1 RESOLUTION NO. R21- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A PURCHASE 4 AND SALE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH 5 AND LUTHERAN SERVICES FLORIDA, INC. FOR VACANT LOTS 6 LOCATED AT NE 9TH AVENUE AND NE 3RD STREET; AND 7 PROVIDING AN EFFECTIVE DATE. 8 WHEREAS, on 8/17/21, the City Commission received and reviewed supporting 9 documentation from Lutheran Services Florida, Inc. on how they would fund and construct a 10 new facility located at the northeast corner of NE 3rd Street and NE 9th Avenue; and 11 WHEREAS, the Property is being acquired by Lutheran Services Florida with the primary 12 intent of constructing a facility to provide childhood education to children who otherwise 13 might have been left behind via the head start and early head start program; and 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 15 recommendation of staff, deems it to be in the best interests of the City residents to approve 16 and authorize the Mayor to sign the Purchase and Sale Agreement between the City of Boynton 17 Beach and Lutheran Services Florida, Inc. for vacant lots located at NE 9th Avenue and NE 3rd 18 Street. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. Each Whereas clause set forth above is true and correct and 22 incorporated herein by this reference. 23 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 24 approve and authorize the Mayor to sign the Purchase and Sale Agreement between the City S:ACA\RESO\Agreements\Purchase And Sale Agreement With Lutheran Services Florida - Reso.Docx Page 224 of 895 25 of Boynton Beach and Lutheran Services Florida, Inc. for vacant lots located at NE 9th Avenue 26 and NE 3rd Street. A copy of the Purchase and Sale Agreement is attached hereto as Exhibit 27 "A" 28 Section 3. That this Resolution shall become effective immediately upon passage. 29 PASSED AND ADOPTED this 16th day of November, 2021. 30 CITY OF BOYNTON BEACH, FLORIDA 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ATTEST: 46 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 VOTE S:ACA\RESO\Agreements\Purchase And Sale Agreement With Lutheran Services Florida - Reso.Docx YES NO Page 225 of 895 COMMERCIAL LEASE AGREEMENT This Commercial Lease Agreement ("Lease Agreement") is made and effective this day of , 2021, by and between CITY OF BOYNTON BEACH, 100 East Ocean Avenue, Boynton Beach, Florida 33435 ("Landlord") and LUTHERAN SERVICES FLORIDA, INC, a Florida Non -Profit Corporation ("Tenant"). WITNESSETH: WHEREAS, Landlord is the owner of land and improvements commonly known and numbered as 909 N.E. 31d Street, Boynton Beach, Florida, as further described in Exhibit A attached hereto and incorporated herein ("Leased Premises"); and WHEREAS, Landlord and Palm Beach County entered into a ten year Lease Agreement dated February 7, 2012 (82012-0242) for the use of the Leased Premises as defined herein ("Original Lease"); and WHEREAS, Palm Beach County assigned the Original Lease to the Tenant and the Landlord approved the Consent to Assignment and Amendment to Lease on April 15, 2014; and WHEREAS, Landlord desires to lease the Leased Premises of the building to Tenant and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. WHEREAS, the Landlord and Tenant agree that the Original Lease and Consent to Assignment and Amendment to Lease are hereby replaced by this Lease Agreement; and NOW THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. Term. The term of the Lease shall be effective upon execution of this Lease by both Parties and shall continue for a period of eighteen (18) months ("Term"). This Lease may be extended for two additional ninety (90) day extensions, upon mutual agreement of both Parties. 2. Rental. Tenant shall pay to Landlord during the Term, or any extensions thereof, the rental fee of $1.00 per month. The payment of $1.00 shall be due in advance on or before the first day of each month during the lease term. Payment to be made to Landlord at Boynton Beach City Hall, Finance Department, 100 East Ocean Avenue, Boynton Beach, FL 33435. 3. Use {004654931 306-90018211 Page 226 of 895 Tenant shall use the Lease Premises to provide childhood education to children who otherwise might have been left behind via the head start and early head start program ("Programs") 4. Sublease and Assignment. This Lease is not assignable and Tenant may not sublease the Leased Premises 5. Repairs. During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises except those which are the responsibility of Landlord. Landlord is responsible for Fencing, Parking Lot, Potable Water and Sanitary Sewer Systems, Garbage and Trash Removal, Telephone and Cable Wiring, and Hurricane Shutters. Notwithstanding anything contained herein to the contrary, Landlord shall have access to the Leased Premises when Landlord, in its sole discretion, determines that it is time to install the hurricane shutters. Landlord will endeavor to provide Tenant with reasonable notice of the installation schedule so that Tenant can prepare to cease its operations on the Leased Premises. Tenant acknowledges that Landlord's installation of the hurricane shutters may occur up to 48 hours prior to the anticipated arrival of a hurricane and that Landlord may not have use of the Leased Premises while the shutters are in place. 6. Alterations and Improvements. Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, specialty lighting, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. 7. Property Taxes. A. Although the parties anticipate that the property will not be subject to real property taxes, in the event real property taxes are assessed, Tenant shall pay to Landlord a proportionate share of the real property taxes, if any, based on the ratio of the square footage of the Lease Premises to the total square footage of the property. B. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises, if applicable. 8. Insurance. Tenant shall maintain, at its sole expense, in full force and effect at all times during the life of this Lease or the performance of work hereunder, insurance limits, coverages or endorsements ,'00465493.1 306-9001821 } Page 227 of 895 required herein. Tenant hereby agrees the requirements contained herein, as well as Landlord's review or acceptance of insurance, is not intended to and shall not in any manner limit nor qualify Tenant's liabilities and obligations under this Lease Agreement. A. Tenant shall maintain: Commercial General Liability with limits of liability not less than $1,000,000 Each Occurrence including coverage for, but not limited to, Premises/Operations, Products/Completed Operations, Contractual Liability, Personal/Advertising Injury and Cross Liability; Fire Legal liability with a limit not less than $100,000; and Medical Payments (when available) with a limit not less than $5,000. Tenant shall ensure such coverage is provided on a primary basis. B. Tenant shall maintain Business Automobile Liability with limits of liability not less than $500,000 Each Occurrence for owned, non -owned, and hired automobiles. In the event Tenant has no owned automobiles, this requirement shall be to maintain only Hired & Non -Owned Auto Liability. This amended coverage may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto Liability. Tenant shall ensure such coverage is provided on a primary basis. C. Tenant shall maintain Workers' Compensation & Employers Liability in accordance with Chapter 440 Florida Statutes and applicable Federal Acts. Tenant shall ensure such coverage is provided on a primary basis. D. Tenant shall at all times during the Term hereof, and at its sole cost and expense, maintain in full force and effect policies of insurance covering all Alterations to the Premises made by or on behalf of Tenant as well as Tenant's fixtures, inventory and equipment located on the Premises, in an amount not less than one hundred percent (100%) of its full replacement cost, providing protection with "All -Perils" coverage as provided by, the "Special -Cause of Loss Form" together with, but not limited to, insurance against wind and hail, sprinkler leakage damage, vandalism, theft and malicious mischief. The proceeds of such insurance, so long as this Lease remains in effect, shall be used to repair or replace the Premises, Alterations, fixtures, inventory and equipment so insured. All property, including without limitation, stock, inventory, fixtures and equipment belonging to Tenant or any occupant of the Premises- shall be there at the risk of Tenant or such other person only, and Landlord shall not be liable for damage thereto or theft or misappropriation thereof. Additionally, the Tenant shall maintain Business Interruption with Extra Expense insurance providing coverage for loss of net income and all continuing expenses at a minimum limit appropriate to cover the maximum period of restoration or interruption of the Tenant. Tenant shall deliver to the Landlord certificates of such fire insurance policies which shall contain a clause requiring the insurer to give the Landlord thirty (30) days prior notice of cancellation of such policies. E. Tenant shall not keep, use, sell or offer for sale in or upon the Premises any article which may be prohibited by any condition, provision, limitation, or Special - Cause of Loss Form of the Fire and Allied Lines insurance policy. Tenant shall pay any increase in premiums for Fire and Allied Lines coverage insurance that may be charged during the Term of this Lease on the amount of such insurance which may be carried by Landlord on the Premises or the Premises resulting from the type of merchandise sold or rented by Tenant in the Premises or resulting from Tenant's use of the Premises, whether or not Landlord has consented to the same. Tenant shall ,'00465493.1 306-9001821 } Page 228 of 895 promptly make, at Tenant's cost and expense, all repairs, alterations, changes and/or improvements to Tenant's fixtures and equipment in the Premises required by the company issuing Landlord's fire and allied lines insurance so as to avoid the cancellation of, or the increase in premiums on said insurance. F. Tenant shall cause each liability insurance policy required to be maintained by Tenant to be endorsed to add the Landlord as an Additional Insured on, except for Workers' Compensation and Business Auto Liability. The CG 2011 Additional Insured - Managers or Lessors of Premises or CG 2026 Additional Insured - Designated Person or Organization endorsements, or their equivalent, shall be used to endorse the Commercial General Liability policy. The standard Additional Insured endorsement offered by the insurer shall be used to endorse the other policies, when required. Tenant shall ensure the Additional Insured endorsements provide coverage on a primary basis. The Additional Insured endorsement shall read "City of Boynton Beach, a municipal corporation organized and operating pursuant to the laws of the State of Florida, its Officers Employees and Agents", 100 E Ocean Avenue Boynton Beach, FL 33425. G. Tenant shall provide the Landlord with a certificate of insurance evidencing limits, coverages and endorsements required herein. The certificate of insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non- renewal of coverage. In the event coverage is cancelled or not renewed during the life of this Lease, Tenant shall furnish thirty (30) days prior to, but in no case later than the expiration of such insurance, a new certificate of insurance evidencing replacement coverage. Should Tenant fail to maintain the insurance required herein, the Landlord shall have the right, but not the obligation, to purchase or maintain said insurance, and Tenant shall promptly pay as Additional Rent, upon demand from Landlord, all premiums and expenses incurred by Landlord. H. Tenant hereby agrees to a Waiver of Subrogation for each required policy. When required by the insurer or should a policy condition not allow a pre -loss Lease to waive subrogation without an endorsement, Tenant shall notify its insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition prohibiting such an endorsement, or voiding coverage should Tenant enter into such a Lease on a pre -loss basis. I. Tenant shall not keep, use, sell or offer for sale in or upon the Premises any article which may be prohibited by any condition, provision or limitation of the property, flood, or wind insurance policies. Tenant shall be responsible for all premiums, including increases, for all insurance policies required by this Lease. All property, flood or windstorm insurance proceeds as a result of a loss shall be made available for use to promptly replace, repair or rebuild the buildings, betterments and improvements, including those made by or on behalf of Tenant, in order to ensure • a replacement cost settlement and avoid policy cancellation. J. Tenant shall be fully and solely responsible for any deductible, coinsurance penalty, or self-insured retention; including any losses, damages, or expenses not covered due to an exhaustion of limits or failure to comply with the policy terms. K. The Landlord's Risk Management shall have the right, but not the obligation, to review, adjust, reject or accept insurance policies, limits, coverages, or endorsements ,'00465493.1 306-9001821 } Page 229 of 895 throughout the life of this Lease. The Landlord reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition or by way of illegal operation. The City shall provide Tenant written notice of such action and Tenant shall agree to cure or comply with such action within thirty (30) days receipt thereof L. The limits, coverages or endorsements identified herein primarily transfer risk and minimize liability for the Landlord, and Tenant agrees not to rely upon such requirements when assessing risk or determining appropriate types or limits of coverage to protect Tenant against any loss exposures, whether as a result of this Lease or otherwise. M. Excluding Landlord or its affiliates, when Tenant permits or schedules the use of the Premises for a special event or outside persons/groups, Tenant shall require the special event or outside person/group to maintain Commercial General Liability, as described this Section with limits of liability not less than $1,000,000. Tenant shall ensure that Landlord and Tenant are named as Additional Insured under such policy, as described herein. Tenant shall obtain and, when requested by the Landlord, furnish copies of certificates of insurance evidencing such coverage for the special event or outside person/group. 9. Utilities. Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other services and utilities used by Tenant on the Leased Premises during the terin of this Lease. In the event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount due and separately invoice Tenant for Tenant's pro rata share of the charges. Tenant shall pay such amounts within fifteen (15) days of invoice. Tenant acknowledges that the Leased Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shall not use any equipment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. 10. Sims. Tenant shall have the right to place on the Leased Premises, at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's sole discretion is deemed too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. 11. Entry. ,'00465493.1 306-9001821 } Page 230 of 895 Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 12. Parking. During the term of this Lease, Tenant shall have the use of the automobile parking area, driveways, and footways, subject to rules and regulations for the use thereof as prescribed from time to time by Landlord. 13. Damage and Destruction. If the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, this Lease shall be deemed terminated as of the date of such damage. 14. Default. If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 15. Quiet Possession. Landlord covenants and warrants that upon performance by Tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 16. Condemnation. If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 17. Notice. ,'00465493.1 306-9001821 } Page 231 of 895 Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: Landlord to: City of Boynton Beach Attn: City Manager 100 East Ocean Avenue Boynton Beach, FL 33435 Tenant to: Lutheran Services Florida, Inc. 3627 West Waters Avenue Tampa, Florida 33614 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 18. Brokers. Tenant represents that Tenant was not shown the Premises by any real estate broker or agent and that Tenant has not otherwise engaged in, any activity which could form the basis for a claim for real estate commission, brokerage fee, finder's fee or other similar charge, in connection with this Lease. 19. Waiver. No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 20. Indemnification. Tenant shall indemnify, defend and save harmless the Landlord from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease Agreement for any personal injury, loss of life, and/or damage to property sustained in or about the Premises by reason, during, or as a result of the use and occupancy of the Leased Premises by the Tenant, its agents, employees, licensees, invitees, any subtenant and the general public, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, reasonable attorney's fees, expenses and liabilities incurred in and about the defense of any such claim at trial or on appeal. In the event Landlord shall be made a party to any litigation commenced against Tenant or by Tenant against any third party, then Tenant shall protect and hold Landlord harmless and pay all costs and reasonable attorney's fees incurred by Landlord in connection with such litigation, and any appeals thereof. Tenant recognizes the ,'00465493.1 306-9001821 } Page 232 of 895 broad nature of this indemnification provision and specifically acknowledges that Landlord would not have entered into this Lease Agreement without Tenant's agreement to indemnify Landlord and further acknowledges the receipt of good and valuable separate consideration provided by Landlord in support hereof in accordance with the laws of the State of Florida. This provision shall survive expiration or termination of this Lease Agreement. 21. Headings. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 22. Successors. The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives and successors. 23. Performance. If there is a default with respect to any of Landlord's covenants, warranties or representations under this Lease, and if the default continues more than fifteen (15) days after notice in writing from Tenant to Landlord specifying the default, Tenant may, at its option and without affecting any other remedy hereunder, cure such default and deduct the cost thereof from the next accruing installment or installments of rent payable hereunder until Tenant shall have been fully reimbursed for such expenditures, together with interest thereon at a rate equal to the lessor of twelve percent (12%) per annum or the then highest lawful rate. If this Lease terminates prior to Tenant's receiving full reimbursement, Landlord shall pay the unreimbursed balance plus accrued interest to Tenant on demand. 24. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 25. Tenant's Covenants. Tenant covenants that it is a 501(c)(3) entity and that it will maintain that status during the term of this lease. On written request from the landlord, Tenant will promptly provide proof of and execute affidavits attesting to that status. 26. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. ,'00465493.1 306-9001821 } Page 233 of 895 27. Governing Law and Venue. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Florida. In the event of court action to enforce this lease, venue will be in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. ATTEST: Crytal Gibson, MMC, City Clerk Approved as to Form: Office of the City Attorney STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida Steven Grant, Mayor (SEAL) The foregoing instrument was acknowledged before me this day of 2021, by Steven Grant, as Mayor of the City of Boynton Beach, for the City of Boynton Beach, who ( ) are personally known to me or ( ) have produced Florida driver's licenses as identification. My Commission expires: Notary Public, State of Florida Printed Name of Notary Public {004654931 306-90018211 Page 234 of 895 LUTHERAN SERVICES FLORIDA, INC., a Florida no,tqr profit corporation By: Print Name: Title: EVP Robert Bialas (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2021, by as of Lutheran Services Florida, Inc., a Florida not-for-profit corporation, who ( ) is personally known to me or ( ) has produced a Florida driver's license as identification, on behalf of Lutheran Services Florida, Inc. My commission Expires: Notary Public, State of Florida Printed Name of Notary Public {004654931 306-90018211 Page 235 of 895 EXHIBIT A LEASED PREMISES {004654931 306-90018211 Page 236 of 895 REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered this day of , 2021, by and between the City of Boynton Beach, a Florida municipal corporation (the "SELLER"), and Lutheran Services Florida, Inc., a Florida not-for-profit corporation ("PURCHASER"). WITNESSETH: WHEREAS, SELLER is the fee simple owner of the vacant lots located at the northeast corner of NE 9th Avenue and NE 3rd Street in the City of Boynton Beach, County of Palm Beach, State of Florida, more particularly described in Exhibit "A" which is attached hereto (collectively the "Property"); and WHEREAS, the Property is being acquired with the primary intent of constructing a facility to provide childhood education to children who otherwise might have been left behind via the head start and early head start program ("Programs"); and WHEREAS, the SELLER shall construct improvements on the Property as further set forth in the Right to Repurchase Agreement, attached hereto and incorporated herein as Exhibit "B"; and WHEREAS, SELLER desires to sell to PURCHASER, and PURCHASER desires to purchase from SELLER, the Property upon the terms and conditions herein below set forth. NOW, THEREFORE, for and in consideration of the premises, the payment of Ten Dollars and No Cents ($10.00) in hand paid by PURCHASER to SELLER, the mutual covenants and agreements herein set forth, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby expressly acknowledged by the parties hereto, the parties hereto do hereby covenant and agree as follows: 1. DEFINITIONS. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 Pro e The following real property: the vacant lots located at the northeast corner of NE 9t' Avenue and NE 3' Street in the City of Boynton Beach, County of Palm Beach, State of Florida (the "Property"), more particularly described in Exhibit "A" attached hereto. 1.2 Closing Date. The Closing Date is the date on which the closing ("Closing") shall occur and shall be no later than ninety (90) calendar days from the Effective Date of this Agreement, and any extension thereof as mutually approved by the parties. 1.3 Deed. A Special Warranty Deed, in its statutory form, which shall convey the Property from SELLER to PURCHASER. {00465209.] 306-90013211 Page 237 of 895 1.4 Effective Date. The Effective Date of this Agreement shall be the date when the last one of the Seller and Purchaser has signed the Agreement. 1.5 SELLER'S Address. Seller's mailing address is P.O. Box 310, Boynton Beach, FL 33425, with copy to Goren, Cherof, Doody & Ezrol, P.A., Attn: Sean M. Swartz, Esq., at 3099 East Commercial Boulevard, Suite 200, Ft. Lauderdale, Florida 33308. 1.6 PURCHASER'S Address. Purchaser's mailing address is 3627 West Waters Avenue, Tampa, Florida 33614. 1.7. Other Definitions. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the terms "herein", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE PRICE. 2.1 Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property for TEN AND 00/100 DOLLARS ($10.00) upon and subject to the terms and conditions hereinafter set forth. 2.2 The Purchase includes: (b) All right of ways, alleys, waters, privileges, easements and appurtenances which are on or benefit all the Property; (c) All right, title and interest, if any, of SELLER in any Land lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Property to the center line thereof. The sale also includes any right of SELLER to any unpaid award to which SELLER may be entitled: (1) due to taking by condemnation of any right, title or interest of SELLER and (2) for any damage to the Property due to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing, or thereafter on demand, proper instruments for the conveyance of title and the assignment and collection of award and damages; (d) To the extent transferable, all licenses, permits, contracts and leases, if applicable, with respect to the property. 3. INSPECTIONS. 3.1 PURCHASER shall have thirty (30) calendar days from the Effective Date to perform inspections of the Property as the PURCHASER deems necessary ("Inspection Period"). Within ten (10) calendar days following the Effective Date of the Agreement, Seller shall provide Buyer with access to the following: (1) Documentation in Seller's possession relating to title and survey of the Property and (2) Copies {00465209.1 306-90018211 2 Page 238 of 895 of any environmental reports and topography, geotechnical and other studies that were previously performed for or upon the Property in Seller's possession. 3.2 During the Inspection Period, PURCHASER shall, at its sole cost and expense, determine that utility services including, water, waste water, electric, telephone and all other utilities are available in the proper size and capacity to serve the existing facilities and installed to the property lines. At all times during the Inspection Period, PURCHASER and its agents shall be provided with reasonable access during normal business hours to the Property for purposes of on-site inspection, upon reasonable prior notice to SELLER. The scope of the inspection contemplated herein shall be determined by the PURCHASER as deemed appropriate under the circumstances provided however, no invasive environmental tests, surveys, audits or inspections may be performed by PURCHASER unless SELLER has provided its written consent thereto, which consent will not be unreasonably withheld, delayed or conditioned. PURCHASER shall promptly repair and restore any damage to the Property caused by, and will not allow any lien or claim of lien to be recorded as a result of PURCHASER'S inspections. PURCHASER also agrees to indemnify and hold SELLER harmless from any losses, claims, costs, and expenses, including reasonable attorney's fees, which may result from or be connected with any acts or omissions of PURCHASER and/or its contractors and consultants during inspections that are done pursuant hereto which obligation shall survive termination of, or Closing under this Agreement. Any contractors or consultants engaged by PURCHASER to perform such inspections shall be licensed by the State of Florida and, prior to entering the Property, shall provide SELLER with evidence of insurance coverage in an amount and with a company reasonably satisfactory to SELLER. 3.3 During the Inspection Period, the PURCHASER, at its sole discretion, shall be entitled to terminate this Agreement for any reason. PURCHASER will provide written notice by mail or facsimile to SELLER and/or SELLER's counsel, which notice must be received prior to the expiration of the Inspection Period. 3.4 If during the Inspection Period PURCHASER delivers written notice to SELLER of PURCHASER'S determination that the Property is satisfactory and is approved by PURCHASER or if PURCHASER fails to timely deliver to SELLER any written notice exercising the termination right granted to PURCHASER, then this Agreement shall remain in full force and effect, and the parties shall proceed to closing. 4. SELLER'S REPRESENTATIONS. 4.1 To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of SELLER'S knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, in which case SELLER shall immediately provide PURCHASER notice of such contrary information and upon receipt PURCHASER may, in its sole {00465209.1 306-90018211 3 Page 239 of 895 discretion, deem such contrary information material and terminate this Agreement, and (iii) shall survive the Closing: 4.2 At all times from the Effective Date until the Closing on the Property, SELLER shall keep the Property free and clear of all liens, encumbrances and/or clouds upon title, including without limitation, liens related to service, labor and/or materials furnished to, or for the benefit of, the Property, lis pendens, tax liens, permit violations, code violations, or ordinance violations. 4.3 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Land. 4.4 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. No action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the SELLER do not and will not violate any public or corporate obligations of the SELLER and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party nor will create a lien or encumbrance upon the Property or assets of the SELLER. 4.5 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. 4.6 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 4.7 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the Effective Date to the Closing Date. 4.8 REAL PROPERTY SOLD AS IS, WHERE IS, RELEASE: SELLER makes and shall make no warranty regarding the title to the Property except as to any warranties which will be contained in the {00465209.1 306-90018211 Page 240 of 895 instruments to be delivered by SELLER at Closing in accordance with this Agreement. SELLER makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. The PURCHASER specifically acknowledges and agrees that SELLER shall sell and PURCHASER shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the SELLER'S representations and warranties specifically set forth in this Agreement, PURCHASER is not relying on any representations or warranties of any kind whatsoever, except as specifically set forth in this Agreement, express or implied, from SELLER its agents, officers, or employees, as to any matters concerning the Property including, without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7) the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi -governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent vices or defects, (11) peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement, or (14) any other matter or matters of any nature or kind whatsoever relating to the Property. 4.9 As used herein, the term "Hazardous Materials" means (i) those substances included within the definitions of "hazardous substances", "hazardous materials", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. §1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances", "hazardous materials" "toxic substances" or "solid waste"(iii) such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable {00465209.1 306-90018211 5 Page 241 of 895 local, state or federal laws, ordinances or regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable explosives or radioactive materials. 5. EVIDENCE OF TITLE. 5.1 Title to the Property. SELLER shall convey to PURCHASER at Closing, by delivery of a Special Warranty Deed, title to the subject Property. PURCHASER may secure a title insurance commitment issued by a title insurance underwriter approved by PURCHASER, for the subject Property insuring PURCHASER'S title to the Property. The costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be borne by the PURCHASER. 5.2 If PURCHASER so desires to obtain title insurance on the Property, the PURCHASER shall have Ten (10) calendar days from the date of receiving said commitment to examine the title commitment ("Title Inspection Period"). if PURCHASER objects to any exception to title as shown in the title commitment, PURCHASER shall, prior to the expiration of the Inspection Period, notify SELLER in writing specifying the specific exception(s) to which it objects. Any objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure, shall be cured by SELLER so as to enable the removal of said objection(s) from the title commitment within Ten (10) days after PURCHASER has provided notice to SELLER. Within five (5) days after the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in writing (a "cure notice") stating either (i) that the objection has been cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure all objections within the time period set forth in the preceding sentence, then PURCHASER may (a) terminate this Agreement by written notice to the SELLER within five (5) days after receipt of a cure notice specifying an uncured objection; or (b) subject to the provisions set forth below, proceed to close the transaction contemplated herein despite the uncured objection. 5.3. Survey and Legal Description. SELLER shall not have any obligation to provide a survey. PURCHASER shall have the obligation to obtain a survey prepared by a registered land surveyor or engineer licensed in the State of Florida showing the boundaries of the land, and the location of any easements thereon and certifying the number of acres (to the nearest one thousandth acre) of land contained in the Property, all buildings, improvements and encroachments; and (ii) a correct legal description of the Property which, upon approval thereof by PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed and registered in the State of Florida and shall comply with the requirements of the survey map established in connection with the issuance of an owner's title insurance policy on the Land. The survey shall be certified to PURCHASER and the title insurance company issuing the title insurance. In the event the survey shows any material encroachments, strips, gores, or any portion of the land {00465209.1 306-90018211 M, Page 242 of 895 non-contiguous to any other portion of the Property or any other matter materially affecting the intended use of the Property or marketability of title to the Property (any such matter is herein called a "survey objection" and treated as a title defect), PURCHASER shall have a period of ten (10) days after receipt of the survey by PURCHASER within which to approve or disapprove any survey objection and to give notice to SELLER of any disapproval thereof indicating in reasonable detail the nature and reasons for PURCHASER'S objection. PURCHASER agrees that it will not arbitrarily or unreasonably withhold its approval of any such survey objection and that PURCHASER will attempt to approve any such survey objection which does not affect the marketability of title or materially interfere with PURCHASER'S use of the Property. In the event PURCHASER provides a notice of disapproval of a survey objection to SELLER, the rights and obligations of the parties respecting such survey objections shall be governed by Section 5.2 hereof such that the parties shall have the same rights and objections as though such survey objection objected to was a new exception to title which was discovered and objected to within the contemplation of Section 5.2. 6. TRANSFER OF TITLE SUBJECT TO. Except as otherwise set forth, the Property shall be conveyed subject only to those exceptions as set forth in paragraphs 2.2, 5. 1, and 5.3 and to: (a) Water lines, sanitary sewer, drainage, gas distribution, electrical and telephone easements of record provided that they are used to service the Property. (b) Unpaid certified assessments payable after the date of the transfer of title. (c) It shall be the sole and exclusive responsibility of the PURCHASER to relocate any utilities and any such relocation costs and expenses shall be borne by the PURCHASER. (d) PURCHASER shall, in the event of any relocation of the utilities, provide to the CITY or appropriate service provider easements for the relocated utilities. (e) SELLER'S Right to Repurchase the Property in the event PURCHASER shall fail to construct the improvements as further described in Exhibit `B" by December 31, 2023. 7. PURCHASER'S REPRESENTATIONS. PURCHASER hereby represents and warrants to the best of its knowledge that all of the following are true and correct: 7.1 PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. 7.2 The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the PURCHASER do not and will not violate the corporate or organizational documents of PURCHASER and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, {00465209.1 306-90018211 7 Page 243 of 895 charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the PURCHASER is a party. 7.3 No action by any federal, state, municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon PURCHASER in accordance with its terms and conditions. 7.4 All of the representations, warranties and covenants of PURCHASER contained in this Agreement or in any other document, delivered to SELLER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of Closing, just as though they were made at such time. 7.5 PURCHASER shall indemnify, hold harmless and defend SELLER, its officers, directors, employees and agents against all claims, demands, losses, liabilities, costs and expenses, including attorney's fees, imposed upon or accruing against SELLER as a result of the representations contained in this paragraph. 8. CONDITIONS PRECEDENT TO CLOSING. Each of the following events or occurrences ("Conditions Precedents") shall be a condition precedent to PURCHASER'S obligation to close this transaction: (a) PURCHASER has completed its inspection of the Property, and performed all of its obligations and conditions of this Agreement. (b) Approval of this Agreement by the City of Boynton Beach City Commission. 9. CLOSING DOCUMENTS. 9.1 At Closing, SELLER shall deliver to PURCHASER a Special Warranty Deed, Bill of Sale, if applicable, Non -Foreign Certification in accordance with Section 1445 of the Internal Revenue Code, 1099 Form, and any other documents as listed as title requirements in Schedule B -I of the Title Commitment to assure the conveyance of good and marketable fee simple title of the Property to the PURCHASER. 9.2 Right to Repurchase Agreement. At Closing, PURCHASER and SELLER shall execute the Right to Repurchase Agreement in the form attached as Exhibit "B". 10. CLOSING COSTS, TAXES AND PRORATIONS. 10.1 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Revenue Collector. In the event that, following the Closing, the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used for purposes of the Closing, the parties shall re -prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 10.2 Seller's Closing Costs. SELLER shall pay for the following items prior to or at Closing: {00465209.1 306-90018211 1 Page 244 of 895 Closing: None. 10.3 Purchaser's Closing Costs. PURCHASER shall pay for the following items prior to or at (a) Documentary Stamps on the deed as provided under Chapter 201, Florida Statutes; (b) Recording fees of the Special Warranty Deed, Right to Repurchase, and any other instrument as required to be recorded in the Public Records; (c) Cost of providing marketable title as provided herein; (d) Cost of obtaining owner's title insurance policy; (e) Tax and Lien Search; and (f) Survey 11. CLOSING DATE AND PLACE. The Closing will take place on or before the expiration of ninety (90) days following the Effective Date, at a location designated by the SELLER. 12. TERMINATION AND DEFAULT. 12.1 Termination by Purchaser. In the event that any inspections as set forth in Section 3. herein and any review of documents conducted by the PURCHASER relative to the Property during the Inspection Period, prove unsatisfactory in any fashion, the PURCHASER, at its sole discretion, shall be entitled to terminate this Agreement. PURCHASER will provide written notice of said termination by mail or facsimile to SELLER no later than the date of expiration of the Inspection Period 12.2 If the PURCHASER shall fail or refuse to consummate the transaction in accordance with the terms and provisions of this Agreement, all monies on deposit and interest earned on the deposit shall be immediately forfeited to SELLER as agreed upon liquidated damages, and PURCHASER shall have no other responsibility or liability of any kind to SELLER by virtue of such default. SELLER'S sole and entire remedy shall be restricted to retention of the deposit plus all accrued interest. In the event of a default by SELLER, PURCHASER shall be entitled to a return of the earnest money, and accrued interest as liquidated damages as its sole and exclusive remedy. 13. RIGHT TO REPURCHASE. SELLER expressly reserves the right at its sole option and election, to repurchase each of the individual lots identified in Exhibit "A" for the same Purchase Price as paid by PURCHASER to SELLER hereunder, in the event the PURCHASER shall fail to construct and obtain certificates of occupancy for the improvements as described in Exhibit `B" by December 31, 2023; subject, however, to extensions for delays attributable to force majeure as hereinafter provided. Accordingly, prior to closing, PURCHASER and SELLER shall enter into a separate Right to Repurchase Agreement for each lot identified in Exhibit `B", which is to be recorded in the Public Records of Palm Beach County, Florida, and provide for the ability of the SELLER to repurchase each individual lot for the same Purchase Price from the {00465209.] 306-90013211 9 Page 245 of 895 PURCHASER. Notwithstanding the provisions of the immediately preceding sentences, the dates provided above may be extended on a day for day basis for delays occasioned by acts of God, catastrophe and inclement weather which is in excess of those days normally forecasted by the National Weather Service for the given month in South Florida which interfere with construction, unforeseen physical conditions on the site, unavailability or shortages of material or labor, labor disputes, governmental approvals or restrictions and any appeals thereof, claims or lawsuits by any third party (whether individual or otherwise) threatened or instituted to prevent the issuance of any approvals or permits, the commencement of construction or otherwise stop construction of the development after commencement, or other matters beyond the reasonable control of PURCHASER (collectively "Force Majeure"). By the tenth (10) business day of each of month, PURCHASER shall deliver or cause to be delivered to SELLER a list of the days during each proceeding month as to which PURCHASER believes the Force Majeure provisions apply and the reasons therefore. SELLER shall, within ten (10) business days after receipt of any such list provide notice to PURCHASER as to whether SELLER disputes that any of the days set forth on that list would give rise to an extension of time for PURCHASER's performance based on Force Majeure. Any days claimed to be subject to the foregoing Force Majeure provision by PURCHASER which are not so disputed by SELLER within said time period shall be deemed approved by SELLER. In the event of a dispute between SELLER and PURCHASER as to whether there has been a commencement of construction as provided in this Section or whether a claim for delay is valid or otherwise in connection with this Agreement and the transactions contemplated thereby shall be endeavored to be resolved and settled by mediation using a mutually acceptable third -party mediator. Such mediator shall be appointed upon the written demand of either party. Upon such appointment, the mediation shall be held within fifteen (15) days at a mutually agreeable site in Palm Beach County, Florida. The fees and expenses of such mediator shall be born equally by the parties hereto. In the event of the failure of the parties to settle the dispute by mediation, either party may bring the dispute for legal redress before the City Court in and for Palm Beach County, Florida. 14. BROKER. The parties each represent to the other that they have not dealt with any real estate broker, real estate salesman or finder in conjunction with this transaction who is entitled to a fee or brokerage commission in accordance with Florida law. 15. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this Agreement. 16. NOTICE. All written notices shall be deemed effective if sent to the following places: PURCHASER: Lutheran Services Florida, Inc. {00465209.1 306-90018211 M. Page 246 of 895 3627 West Waters Avenue Tampa, Florida 33614 SELLER: City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425 Attn: Lori LaVerriere, City Manager With Copy to: Sean M. Swartz, Esq. GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, #200 Fort Lauderdale, Florida 33308 Tel: (954) 771-4500 Fax: (954) 771-4923 17. GOVERNING LAW & VENUE. This Agreement shall be governed by the laws of the State of Florida. Each party agrees that the Circuit Court for the Fifteenth Judicial Circuit in and for Palm Beach County shall be the exclusive jurisdiction and venue of any litigation or special proceeding to resolve any dispute or claim arising from or related to or connected with this Agreement, including any claims based upon equity, statute, common law or rule. The parties hereby waive any objection to such forum based upon venue or forum non convenient grounds. 18. ENTIRE AGREEMENT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 19. AMENDMENT. No modification or amendment of this Agreement shall be of any force or effect unless in writing and executed by both SELLER and PURCHASER. 20. SUCCESSORS. This Agreement shall apply to and bind the executors, administrators, successors and assigns of SELLER and PURCHASER. Any assignment of this Agreement must be approved by the City of Boynton Beach City Commission. 21. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals. 22. LITIGATION COSTS. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover from the non -prevailing parry all costs and expenses incurred, including its reasonable attorney's fees at all trial and appellate levels and post judgment proceedings. 23. WAIVER OF JURY TRIAL. Each party hereby knowingly, voluntarily and intentionally waives any and all rights it may have to a trial by jury in respect of any dispute, litigation or court action (including, but not limited to, any claims, crosselaims or third -party claims) arising from, growing out of, or related to {00465209.1 306-90018211 11 Page 247 of 895 this Agreement. The parties acknowledge that this waiver is a significant consideration to, and a material inducement for the parties to enter into this Agreement. Each party hereby certifies that no representative or agent of the other party has represented, expressly or otherwise, that either party would not, in the event of such litigation, seek to enforce this waiver of right to jury trial provision. 24. PRECEDENCE. In the event of conflict, handwritten provisions shall take precedence over typewritten and printed provisions. Typewritten provisions shall take precedence over printed provisions. 25. DRAFTING. This Agreement has been negotiated and drafted mutually by the parties and shall be construed and interpreted as if both parties drafted same so that neither party shall be entitled to the benefits of any rules of construction, interpretation or enforcement against the drafters. 26. SUCCESSORS. This Agreement shall apply to and bind the distributors, executors, administrators, successors and assigns of SELLER and PURCHASER. {00465209.1 306-90018211 [This Space is Intentionally Blank] 12 Page 248 of 895 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated above: ATTEST: Crystal Gibson, MMC, City Clerk Approved as to Form: Office of the City Attorney STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida Steven Grant, Mayor (SEAL) The foregoing instrument was acknowledged before me this day of , 2021, by Steven Grant, as Mayor of the City of Boynton Beach, for the City of Boynton Beach, who ( ) are personally known to me or ( ) have produced Florida driver's licenses as identification. My Commission expires: {00465209.1 306-90018211 13 Notary Public, State of Florida Printed Name of Notary Public Page 249 of 895 LUTHERANT ,SERVTCES FLORIDA, INC., a Florida�n�tfft 1pr Ait`corporation By: Print Name: Title: EVP Robert Bialas (CORPORATE SEAL) STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2021, by as of Lutheran Services Florida, Inc., a Florida not-for-profit corporation, who ( ) is personally known to me or ( ) has produced a Florida driver's license as identification, on behalf of Lutheran Services Florida, Inc. My commission Expires: {00465209.] 306-90013211 14 Notary Public, State of Florida Printed Name of Notary Public Page 250 of 895 EXHIBIT "A" LEGAL DESCRIPTIONS Parcel 1: LOT 151, ARDEN PARK ADDITION TO BOYNTON, FLORIDA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 96, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION OF LOT 151 DEDICATED IN OFFICIAL RECORD BOOK 32295 AT PAGE 1417 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA DESCRIBED BELOW: BEGIN AT THE SOUTHEAST CORNER OF LOT 151 OF THE SAID PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN S89054'02 -W ALONG THE NORTH RIGHT OF WAY LINE OF SPRUCE STREET, BEING A 40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO KNOWN AS NORTHEAST 9TH AVENUE), SAID LINE BEING THE BASIS OF BEARINGS, FOR A DISTANCE OF 142.15 FEET TO A POINT ON THE CENTERLINE OF THAT 10.20 FOOT WIDE ALLEY ABANDONED AS PER OFFICIAL RECORDS BOOK 30227, PAGE 0308; THENCE RUN N07°53'34"E ALONG THE CENTERLINE OF SAID ALLEY FOR A DISTANCE OF 10.10 FEET TO A POINT; THENCE RUN N89°54'02"E, ALONG A LINE 10 FEET NORTH OF AND PARALLEL TO THE NORTH RIGHT OF WAY LINE OF SPRUCE STREET, BEING A 40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO KNOWN AS NORTHEAST 9TH AVENUE), FOR A DISTANCE OF 142.15 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF RAILROAD AVENUE, BEING A 40 FOOT RIGHT OF WAY PER SAID PLAT; THENCE RUN S07053'34"W ALONG SAID WEST RIGHT OF WAY LINE OF RAILROAD AVENUE FOR A DISTANCE OF 10.10 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, AND CONTAINING 0.033 ACRES, MORE OR LESS. Folio No.: 08-43-45-21-18-000-1510 Parcel 2: LOTS 1549 155, AND 156, ARDEN PARK ADDITION TO BOYNTON, FLA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 96, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION OF LOT 156 DEDICATED IN OFFICIAL RECORD BOOK 32295 AT PAGE 1417 OF THE PUBLIC RECORDS OF PALM {00465209.1 306-90018211 15 Page 251 of 895 BEACH COUNTY, FLORIDA DESCRIBED BELOW: BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN N00036'53"E, ALONG THE WEST LINE OF THAT PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY ABANDONED AS PER OFFICIAL RECORDS BOOK 30698, PAGE 0774, FOR A DISTANCE OF 10.00 FEET TO A POINT; THENCE RUN N89054'02"E, ALONG A LINE 10 FEET NORTH OF AND PARALLEL TO THE NORTH RIGHT OF WAY LINE OF SPRUCE STREET, BEING A 40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO KNOWN AS NORTHEAST 9TH AVENUE), FOR A DISTANCE OF 156.43 FEET TO A POINT ON THE CENTERLINE OF THAT 10.20 FOOT WIDE ALLEY ABANDONED AS PER OFFICIAL RECORDS BOOK 30227, PAGE 0308; THENCE RUN S07053'34"W ALONG THE CENTERLINE OF SAID ALLEY, FOR A DISTANCE OF 10.10 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SPRUCE STREET, BEING A 40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO KNOWN AS NORTHEAST 9TH AVENUE); THENCE RUN S8905410211W ALONG SAID NORTH RIGHT OF WAY LINE {SAID LINE BEING THE BASIS OF BEARINGS} FOR A DISTANCE OF 155.15 FEET TO THE POINT OF BEGINNING. Folio No.: 08-43-45-21-18-000-1540 ADDING THOSE PORTIONS OF THE VACATED STREET AND ALLEYWAY ACQUIRED BY LOTS 151, 154, 155, AND 156, AND AS DESCRIBED BELOW: A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY (ALSO KNOWN AS NORTHEAST 3RD STREET), OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, AS RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, PURSUANT TO THE VACATION OF THE RIGHT OF WAY IN ORDINANCE NO. 19-029 OF THE CITY OF BOYNTON BEACH, FLORIDA, MORE PARTICULARLY DESCRIBED AS: BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN N00°36'53"E A DISTANCE OF 147.57 FEET, TO THE SOUTHWEST CORNER OF LOT 4 OF THE PLAT OF ROBERT WELLS' SUBDIVISION, AS RECORDED IN PLAT BOOK 11, PAGE 66;THENCE RUN ALONG THE SOUTH LINE OF SAID LOT 4 S90°00'00"E FOR A DISTANCE OF 18.87 FEET TO A POINT AT THE INTERSECTION OF THE SAID SOUTH LINE OF LOT 4 AND THE EAST RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD (ALSO KNOWN AS NORTHEAST 3RD STREET); THENCE RUN ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD S07053'54"W A DISTANCE OF 148.98 FEET TO THE POINT OF BEGINNING; {00465209.] 306-9001321♦ 16 Page 252 of 895 SAID LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, AND CONTAINING 0.032 ACRES, MORE OR LESS ..� THOSE PORTIONS ACQUIRED BY LOTS 151, 154, 155, AND 156 PURSUANT TO THE VACATION OF THE ALLEYWAY IN ORDINANCE NO. 18-027 OF THE CITY OF BOYNTON BEACH, FLORIDA, ALL LYING IN ARDEN PARK ADDITION TO BOYNTON, FLORIDA ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 96, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. {00465209.1 306-90018211 17 Page 253 of 895 EXHIBIT "B" THIS INSTRUMENT PREPARED BY: Sean M. Swartz, Esq. Goren, Cherof, Doody & Ezrol PA 3099 E. Commercial Blvd. Fort Lauderdale, FL 33308 CITY OF BOYNTON BEACH AND LUTHERAN SERVICES FLORIDA, INC. REPURCHASE AGREEMENT THIS REPURCHASE AGREEMENT ("Agreement") is made this day of , 2021, by CITY OF BOYNTON BEACH, a Florida municipal corporation (hereafter the "Seller"), and LUTHERAN SERVICES FLORIDA, INC., a Florida not-for-profit corporation, (hereinafter the "Purchaser"). WITNESSETH: WHEREAS, Seller and Purchaser are parties to that certain Agreement for Purchase and Sale of Real Property, dated , 2021 (the "Contract"), pursuant to which Purchaser has agreed to purchase from Seller, and Seller has agreed to sell to Purchaser, fee simple title to certain real property located in located in the City of Boynton Beach, Palm Beach County, Florida, more particularly described on Exhibit "Al" attached hereto (the "Property"); NOW, THEREFORE, in consideration of the foregoing and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, Purchaser and Seller agree and covenant as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference 2. Seller expressly reserves the right at its sole option and election, to repurchase the Property for the same Purchase Price as paid by Purchaser to Seller hereunder, in the event the Purchaser shall fail to complete procurement and construction of the Property and obtain a certificate of occupancy, pursuant to the terms and conditions contained in this Agreement; subject, however, to extensions for delays attributable to Force Majeure as defined herein below. 3. Purchaser shall have until December 31, 2023 to obtain a certificate of occupancy for the improvements to be constructed on the Property by the Purchaser, as identified in Exhibit "Bl" and as approved by the Seller, attached hereto and incorporated herein (hereinafter the "Project"). 4. The Seller shall have the right to review and approve the construction plans for the Project to be constructed on the Property. Purchaser shall not commence construction of the Project until the Seller has provided written approval of the plans. "Commence construction" shall mean the initiation and continuance by Purchaser of site preparation work for the Project which shall include excavation, fencing of the site, installation of the construction trailer, clearing and relocation of utilities on the Project. 5. In the event the Purchaser fails to obtain the certificate of occupancy as required by the terms and provisions of this Agreement, then the Seller may elect to exercise its right to repurchase the Property by providing written notice to the Purchaser of the failure, and an opportunity to cure said failure within thirty t00465209.1 306-9001821} IR Page 254 of 895 (30) calendar days of the written notice. The closing effectuating the repurchase shall occur within thirty (30) calendar days of the date of the Purchaser's failure to cure and written notice to Purchaser of the Seller's election to repurchase the Property. The re -conveyance shall be effectuated by a Special Warranty Deed subject to good and marketable title. All costs associated with the reconveyance of the property to the Seller, including, but not limited to, recording fees, documentary stamps, unpaid taxes, and assessments, both ad valorem, and non-advalorem, shall be borne by the Purchaser. In the event the Purchaser fails to execute the Special Warranty Deed to reconvey the Property to the Seller, the Seller shall have the right to pursue all legal remedies, including specific performance. In the event the Seller must file suit to require the Purchaser to reconvey the Property, the Purchaser shall pay all costs, expenses, reasonable attorney's fees and paralegal expenses incurred by the Seller at both the trial and appellate levels. 6. Acknowledgments. Seller and Purchaser hereby, agree and acknowledge as follows: (a) The date for issuance of the certificate of occupancy may be extended for delays occasioned by acts of catastrophe which interfere with construction, unforeseen physical conditions on the site, unavailability or shortages of material or labor, labor dispute, governmental approvals or restrictions and any appeals thereof, claims or lawsuits by any third party (whether individual or otherwise) threatened or instituted to prevent the issuance of any approvals or permits, the commencement of construction or otherwise stop construction of the development after commencement, or other matters beyond the reasonable control of Purchaser (collectively, "Force Majeure"). (b) By the tenth (10) business day of each month, Purchaser shall deliver, or cause to be delivered to Seller a list of the days during each proceeding month as to which Purchaser believes the Force Majeure provisions apply and the reasons therefore. Seller shall, within ten (10) business days after receipt of any such list provide notice to Purchaser as to whether Seller disputes that any of the days set forth on that list would give rise to an extension of time for Purchaser's performance based on Force Majeure. Any days claimed to be subject to the foregoing Force Majeure provision by Purchaser which are not so disputed by Seller within said time period shall be deemed approved by Seller. (c) In the event of a dispute between SELLER and PURCHASER as to whether a claim for delay is valid or otherwise in connection with this Agreement and the transactions contemplated thereby shall be endeavored to be resolved and settled by mediation using a mutually acceptable third -party mediator. Such mediator shall be appointed upon the written demand of either party. Upon such appointment, the mediation shall be held within fifteen (15) days at a mutually agreeable site in Palm Beach County, Florida. The fees and expenses of such mediator shall be born equally by the parties hereto. In the event of the failure of the parties to settle the dispute by mediation, either party may bring the dispute for legal redress before the City Court in and for Palm Beach County, Florida. (d) Purchaser and Seller agree that Seller's right to repurchase the Property (the "Repurchase Right") shall terminate upon the Seller's execution of a Termination of Repurchase Right. Upon the satisfaction of the conditions set forth in Section 3 herein, Seller shall execute a Termination of Repurchase Right. Upon execution of the Termination of Repurchase Right, this Agreement shall also terminate and be of no further force and effect. (e) For avoidance of doubt, Purchaser and Seller agree that Seller's right to re -purchase the Property shall automatically terminate and be of no further force or effect upon the issuance of a Certificate of Occupancy ("C.O."). (f) Each party, by signing this Agreement, certifies that it has full authority to enter into this Agreement, and the execution, delivery, and performance of this Agreement have each been duly {00465209.1 306-90018211 M Page 255 of 895 authorized pursuant to all requisite authority, and this Agreement constitutes the legal, valid, and binding obligations of Purchaser and Seller, each enforceable in accordance with its respective terms. (g) The provisions of this Agreement shall be binding upon and inure to the benefit of Purchaser and Seller and their respective successors and assigns. (h) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. (i) This Agreement may be executed in several counterparts each of which when executed and delivered is an original, but all of which together shall constitute one instrument. 0) Signatures transmitted by facsimile transmission or otherwise appearing on a facsimile transmission of this Agreement shall be treated in all manner and respects and have the same binding legal effect as original signatures. The parties hereto hereby agree that none shall raise the use of a facsimile machine as a defense to the enforceability of this Agreement and forever waive such defense. (k) The Seller and Purchaser may agree to an extension of any time period contained in this Agreement pursuant to the execution of a written amendment to this Agreement. IN WITNESS WHEREOF, Purchaser and Seller have executed this Agreement as of the date first above written. WITNESSES: CITY OF BOYNTON BEACH Print Name: By: Steven Grant, Mayor Print Name: APPROVED AS TO FORM: Office of the City Attorney {00465209.1 306-90018211 WE ATTEST: By: Crystal Gibson, MMC, City Clerk Page 256 of 895 STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of , 2021, by Steven Grant, as Mayor, on behalf of the City of Boynton Beach, who ( ) is personally known to me or ( ) have produced a Florida driver's license as identification. My Commission expires: Notary Public, State of Florida Printed Name of Notary Public LUTHERAN SERVICES FLORIDA, INC., a Florida not-for-profit corporation By: Print Name: Title: (CORPORATE SEAL) STATE OF FLORIDA ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2021, by as of Lutheran Services Florida, Inc., a Florida not-for-profit corporation, who ( ) is personally known to me or ( ) has produced a Florida driver's license as identification, on behalf of Lutheran Services Florida, Inc. My commission Expires: {00465209.1 306-90018211 21 Notary Public, State of Florida Printed Name of Notary Public Page 257 of 895 EXHIBIT "Al" Parcel 1: LOT 151, ARDEN PARK ADDITION TO BOYNTON, FLORIDA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 96, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION OF LOT 151 DEDICATED IN OFFICIAL RECORD BOOK 32295 AT PAGE 1417 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA DESCRIBED BELOW: BEGIN AT THE SOUTHEAST CORNER OF LOT 151 OF THE SAID PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN S89°54'02 -W ALONG THE NORTH RIGHT OF WAY LINE OF SPRUCE STREET, BEING A 40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO KNOWN AS NORTHEAST 9TH AVENUE), SAID LINE BEING THE BASIS OF BEARINGS, FOR A DISTANCE OF 142.15 FEET TO A POINT ON THE CENTERLINE OF THAT 10.20 FOOT WIDE ALLEY ABANDONED AS PER OFFICIAL RECORDS BOOK 30227, PAGE 0308; THENCE RUN N07153'34"E ALONG THE CENTERLINE OF SAID ALLEY FOR A DISTANCE OF 10.10 FEET TO A POINT; THENCE RUN N89154'02"E, ALONG A LINE 10 FEET NORTH OF AND PARALLEL TO THE NORTH RIGHT OF WAY LINE OF SPRUCE STREET, BEING A 40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO KNOWN AS NORTHEAST 9TH AVENUE), FOR A DISTANCE OF 142.15 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF RAILROAD AVENUE, BEING A 40 FOOT RIGHT OF WAY PER SAID PLAT; THENCE RUN S07053'34"W ALONG SAID WEST RIGHT OF WAY LINE OF RAILROAD AVENUE FOR A DISTANCE OF 10.10 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, AND CONTAINING 0.033 ACRES, MORE OR LESS. Folio No.: 08-43-45-21-18-000-1510 Parcel 2: LOTS 154, 155, AND 156, ARDEN PARK ADDITION TO BOYNTON, FLA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 96, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. LESS AND EXCEPT THAT PORTION OF LOT 156 DEDICATED IN OFFICIAL RECORD BOOK 32295 AT PAGE 1417 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA DESCRIBED BELOW: {00465209.] 306-9001321♦ 22 Page 258 of 895 BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN N00°36'53"E, ALONG THE WEST LINE OF THAT PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY ABANDONED AS PER OFFICIAL RECORDS BOOK 30698, PAGE 0774, FOR A DISTANCE OF 10.00 FEET TO A POINT; THENCE RUN N89054'02"E, ALONG A LINE 10 FEET NORTH OF AND PARALLEL TO THE NORTH RIGHT OF WAY LINE OF SPRUCE STREET, BEING A 40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO KNOWN AS NORTHEAST 9TH AVENUE), FOR A DISTANCE OF 156.43 FEET TO A POINT ON THE CENTERLINE OF THAT 10.20 FOOT WIDE ALLEY ABANDONED AS PER OFFICIAL RECORDS BOOK 30227, PAGE 0308; THENCE RUN S07053'34"W ALONG THE CENTERLINE OF SAID ALLEY, FOR A DISTANCE OF 10.10 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SPRUCE STREET, BEING A 40 FOOT WIDE RIGHT OF WAY PER SAID PLAT (ALSO KNOWN AS NORTHEAST 9TH AVENUE); THENCE RUN S89°54'02"W ALONG SAID NORTH RIGHT OF WAY LINE {SAID LINE BEING THE BASIS OF BEARINGS} FOR A DISTANCE OF 155.15 FEET TO THE POINT OF BEGINNING. Folio No.: 08-43-45-21-18-000-1540 ADDING THOSE PORTIONS OF THE VACATED STREET AND ALLEYWAY ACQUIRED BY LOTS 151, 154, 155, AND 156, AND AS DESCRIBED BELOW: A PORTION OF AUSTRALIAN BOULEVARD RIGHT OF WAY (ALSO KNOWN AS NORTHEAST 3RD STREET), OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, AS RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, PURSUANT TO THE VACATION OF THE RIGHT OF WAY IN ORDINANCE NO. 19-029 OF THE CITY OF BOYNTON BEACH, FLORIDA, MORE PARTICULARLY DESCRIBED AS: BEGIN AT THE SOUTHWEST CORNER OF LOT 156 OF THE SAID PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, THENCE RUN N00036'53"E A DISTANCE OF 147.57 FEET, TO THE SOUTHWEST CORNER OF LOT 4 OF THE PLAT OF ROBERT WELLS' SUBDIVISION, AS RECORDED IN PLAT BOOK 11, PAGE 66;THENCE RUN ALONG THE SOUTH LINE OF SAID LOT 4 S90000'00"E FOR A DISTANCE OF 18.87 FEET TO A POINT AT THE INTERSECTION OF THE SAID SOUTH LINE OF LOT 4 AND THE EAST RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD (ALSO KNOWN AS NORTHEAST 3RD STREET); THENCE RUN ALONG THE SAID EASTERLY RIGHT OF WAY LINE OF AUSTRALIAN BOULEVARD S07053'54"W A DISTANCE OF 148.98 FEET TO THE POINT OF BEGINNING; {00465209.1 306-90018211 23 Page 259 of 895 SAID LANDS LYING AND BEING IN PALM BEACH COUNTY, FLORIDA, AND CONTAINING 0.032 ACRES, MORE OR LESS AND THOSE PORTIONS ACQUIRED BY LOTS 151, 154, 155, AND 156 PURSUANT TO THE VACATION OF THE ALLEYWAY IN ORDINANCE NO. 18-027 OF THE CITY OF BOYNTON BEACH, FLORIDA, ALL LYING IN ARDEN PARK ADDITION TO BOYNTON, FLORIDA ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 96, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. {00465209.] 306-9001321♦ 24 Page 260 of 895 EXHIBIT "B1" IMPROVEMENTS AND FUNDING Lutheran Services Florida, Inc. - Funding 1. American Rescue Plan (ARP) — Pending 1303 Form ($953,008) 2. LSF Operations Unspent Amount— Carry Over- ($458,000) 3. Start-up Funds — ($96,000) 4. Disaster Relief Funds — ($96,000) Total Funds = $1,603,008 Lutheran Services Florida, Inc — Improvements 1. Prefabricated Building (7,400 SF) 2. Playground (2,400 SF) 3. Landscaping 4. Earthwork 5. Parking Lot Lighting 6. Paving, Signing and Markings 7. Drainage 8. Water and Sewer Connection City of Boynton Beach — Improvements 1. Offsite Water and Sewer 2. Offsite Drainage 3. Offsite Paving 100465209.1 306-9001821} 25 Page 261 of 895 100465209.1 306-9001821} rtgid%///// Ar . `"".. 4 V im. s wN Irnn GT Page 262 of 895 6. G. Consent Agenda 11/16/2021 Requested Action by Commission: Proposed Resolution No. R21-158 - Amend the FY2020-21 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for Department or Fund Operating and Capital Budget. Explanation of Request: The FY2020-21 Budget was adopted on September 22nd, 2020. As such, the FY2020-21 Adopted Budget for various Operating and Capital Improvement Projects Funds plus related accounts need to be adjusted at the end of the fiscal year. This type of budget amendment is part of the annual budget process. The Budget amendment will increase or decrease the Fund's total appropriation which requires City Commission approval, see Exhibit A& B. City staff has been able to identify revenue sources and unspent appropriations which can be reallocated to other accounts. Under best budgeting practices and governmental accounting standards, these funds should be re -appropriated to provide the continued spending authority for these accounts. Accordingly, during FY2020-21 necessary budget modifications have been made in various Operating and Capital Improvement Accounts/Funds (between department/divisions) for which the City Manager is authorized to approve. Staff is requesting approval for the budget adjustments made at the Fund level in FY2020-21. • The General Fund will be amended from $97,685,429 to $99,185,429 to provide appropriations for personnel and operating costs approved in FY20/21 (Exhibit A). • The Traffic Safety Fund will be amended from $1,418,921 to $1,508,921 to provide appropriations for equipment rental approved in FY20/21 (Exhibit B). • The Community Improvement Fund will be amended from $277,958 to $321,958 to provide for recognition of revenues and the related contractual appropriations in FY19/20 (Exhibit B). • The Building Fund will be amended from $3,069,949 to $3,135,449 to provide for recognition of revenues and the related contractual appropriations in FY19/20 (Exhibit B). • The Capital Improvement Fund will be amended for Fund 302 from $4,558,566 to $5,796,133. This will establish appropriation for capital project debt payments (Exhibit B). • The Surtax Capital Improvement Fund will be amended for Fund 303 from $9,366,412 to $11,774,539. This will establish appropriation for capital project debt payments (Exhibit B). • The Cemetery Fund will be amended from $268,222 to $287,622 to provide appropriations for operating cost approved in FY20/21 (Exhibit B). How will this affect city programs or services? Approval will allow the City to continue following good and appropriate budgeting practices. Fiscal Impact: Alternatives: Page 263 of 895 Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D FE,,Sd1UbO111 D Addeinduirn D Addeinduirn Description tl-ne IC. Y2020 21 IBu dget (3eineiral Fund EybbitA Otheir Funds BudgetAirneindinx.,int E)I,iiblt IB Page 264 of 895 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 R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2020, AND ENDING SEPTEMBER 30, 2021 WHICH WILL ADJUST BUDGETED APPROPRIATIONS AND REVENUE SOURCES AND PROVIDE SPENDING AUTHORITY FOR DEPARTMENT OR FUND OPERATING AND CAPITAL BUDGET; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the FY2020-21 Budget was adopted on September 22, 2020; and WHEREAS, as contemplated the FY20/21 Adopted Budget for various Operating and Capital Improvement Projects Funds plus related accounts need to be adjusted at the end of the fiscal year which is part of the annual budget process and which will increase or decrease the Fund's total appropriation which requires City Commission approval, see Exhibit A & B; and WHEREAS, the City Manager is recommending amending the amount necessary to be appropriated for fiscal year 2020-2021 for the Capital Improvement Fund (see Exhibit A). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 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. Hereby amending the appropriated FY 2020-2021 budget as follows: a. The General Fund will be amended from $97,685,429 to $99,185,429 to provide appropriations for personnel and operating costs approved in FY20/21 (Exhibit A). b. The Traffic Safety Fund will be amended from $1,418,921 to $1,508,921 to provide appropriations for equipment rental approved in FY20/21 (Exhibit B). 1 S:ACA\RESO\Budget\2020 - 2021 Budget\FY2020-21 FCIP Budget Amendment Resolution - (November 16 2021).Docx Page 265 of 895 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 c. The Community Improvement Fund will be amended from $277,958 to $321,958 to provide for recognition of revenues and the related contractual appropriations in FY20/21 (Exhibit B). d. The Building Fund will be amended from $3,069,949 to $3,135,449 to provide for recognition of revenues and the related contractual appropriations in FY20/21 (Exhibit B). e. The Capital Improvement Fund will be amended for Fund 302 from $4,558,566 to $5,796,133. This will establish appropriation for capital project debt payments (Exhibit B). f. The Surtax Capital Improvement Fund will be amended for Fund 303 from $9,366,412 to $11,774,539. This will establish appropriation for capital project debt payments (Exhibit B). _q. The Cemetery Fund will be amended from $268,222 to $287,622 to provide appropriations for operating cost approved in FY20/21 (Exhibit B). Section 3. A copy of such amendments and/or adjustments are attached hereto as Exhibits "A" & "B" and the appropriations set out therein for the fiscal year beginning October 1, 2020 and ending September 30, 2021, to maintain and carry on the government of the City of Boynton Beach. Section 4. That there is hereby appropriated revised amounts to the various Operating and Capital Improvement Funds (see Exhibits A & B) pursuant to the terms of the budget. Section 5. This Resolution shall become effective immediately upon passage. 0) S:ACA\RESO\Budget\2020 - 2021 Budget\FY2020-21 FLIP Budget Amendment Resolution - (November 16 2021).Docx Page 266 of 895 55 PASSED AND ADOPTED this 16th day of November, 2021. 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga �j VOTE YES NO S:ACA\RESO\Budget\2020 - 2021 Budget\FY2020-21 FLIP Budget Amendment Resolution - (November 16 2021).Docx Page 267 of 895 CITY OF BOYNTON BEACH BUDGET AMENDMENT BUDGET YEAR 2020 - 2021 GENERAL FUND BUDGET TOTAL 97,685,429 98,940,520 9/30/2020 9/30/2020 DEPARTMENT COMMISSION BUDGETTRANSFERS ADMENDMENT Exhibit A 9/30/2020 CITY MGR YE AMENDED BUDGET 0 1,500,000 2020/21 2020/21 0 307,464 CURRENT Y -T -D w ENCUMB. ACCOUNT NUMBER BUDGET ACTUAL (71,000) * GENERAL FUND REVENUES 97,685,429 96,670,35E * CITY COMMISSION 320,464 306,96E * CITY MANAGER 857,840 864,952 * CITY HALL/GEN ADMIN 4,280,502 3,842,78E * MARKETING/COMMUNICATIONS 498,463 422,165 * SPECIAL EVENTS 400,351 244,777 * TOWN SQUARE 4,779,432 5,129,52C * CITY CLERK 534,201 618,30E * FINANCIAL SERVICES 1,517,010 1,514,913 * ITS 2,823,098 2,767,575 * HUMAN RESOURCES 911,239 852,44E * CITY ATTORNEY 590,257 647,162 * UNIFORM SERVICES 17,993,977 17,920,23C * OFFICE OF THE CHIEF 5,302,790 5,073,693 * SUPPORT SERVICES 12,280,135 12,734,19E * CODE COMPLIANCE 0 C * FIRE 25,621,334 26,952,445 * COMMUNITY STANDARDS 2,123,979 2,014,590 * EMERGENCY MGMT 33,465 58E * DEVELOPMENT 394,043 468,044 * BUILDING 17,858 -205 * COMMUNITY STANDARDS 0 10,164 * ENGINEERING 753,001 748,853 * PLANNING & ZONING 748,991 778,325 * ECONOMIC DEVEOPMENT 580,242 520,081 * PUBLIC WORKS 152,182 107,355 * FACILITIES MANAGEMENT 2,462,780 2,809,243 * STREETS MAINTENANCE 1,301,358 1,224,674 * PARKING SERVICES 266,428 162,713 * LIBRARY 2,524,277 2,494,680 * SCHOOLHOUSE MUSEUM 382,233 365,87E * RECREATION 3,681,042 3,571,95E * PARKS & GROUNDS 3,552,457 3,756,96E GENERAL FUND BUDGET TOTAL 97,685,429 98,940,520 9/30/2020 9/30/2020 DEPARTMENT COMMISSION BUDGETTRANSFERS ADMENDMENT Exhibit A 9/30/2020 CITY MGR YE AMENDED BUDGET 0 1,500,000 99,185,429 (13,000) 0 307,464 9,000 - 866,840 (414,875) 3,865,627 (71,000) 427,463 (154,000) - 246,351 355,000 - 5,134,432 85,200 - 619,401 0 - 1,517,010 (55,000) - 2,768,098 (58,000) - 853,239 58,000 - 648,257 (73,000) - 17,920,977 (228,000) - 5,074,790 473,000 92,000 12,845,135 0 1,331,500 26,952,834 (109,290) - 2,014,689 (32,000) - 1,465 76,290 - 470,333 (16,000) - 1,858 11,000 - 11,000 0 - 753,001 31,500 - 780,491 (59,000) - 521,242 (44,000) - 108,182 272,175 76,500 2,811,455 0 - 1,301,358 (102,000) - 164,428 (26,000) - 2,498,277 (16,000) - 366,233 (107,000) - 3,574,042 207,000 - 3,759,457 0 1,500,000 99,185,429 S:\Finance\Budget Adjustments\FY2021-22\FY 2021 YE Data & Adjustment\FY2020-21 All Funds DepartmedtdfLidget Amendment (Nov 16, 2021 Meeting)General Fund Summary - `edge 268 of 89510/2021 Building Fund 130-0000-322.01-00 BUILDING PERMITS Adopted Fund Total Revenues 130-2411-524.41-15 CELLULAR PHONE/BEEPER 130-2411-524.49-09 INS CH GS -WORKERS COMP 130-2411-524.49-14 CREDIT CARD FEES Adopted Fund Total Expenses 2,500,000 65,500 CITY OF BOYNTON BEACH 2,565,500 3,069,949 65,500 Exhibit B 3,135,449 EXPENDITURE & REVENUE AMENDMENTS 7,740 24,130 13,000 37,130 FISCAL YEAR 2020 - 2021 47,000 47,000 3,069,949 65,500 3,135,449 2020/21 CITY MANAGER/COMMISSION 2020/21 CURRENT Budget Adjustment AMENDED 367,190 411-2910-572.21-10 BUDGET Revenue Expenditures BUDGET Traffic Safety Fund 31,249 411-2910-572.95-01 GOLF PRO SHOP MERCHANDISE 103-0000-354.05-00 VIOLATIONS LOCAL ORD. 1,500,000 90,000 1,590,000 Adopted Fund Total Revenues 1,418,921 90,000 1,508,921 103-2110-521.44-30 EQUIPMENT RENTAL 745,000 90,000 835,000 Adopted Fund Total Expenses 1,418,921 90,000 1,508,921 Community Improvement Fund 122-0000-389.91-00 FUND BALANCE APPROPRIATED 61,540 44,000 105,540 Adopted Fund Total Revenues 277,958 44,000 321,958 122-2418-554.12-10 REGULAR SALARIES/WAGES 166,729 17,500 184,229 122-2418-554.49-17 OTHER CONTRACTUAL SRVS 12,500 26,500 39,000 Adopted Fund Total Expenses 277,958 44,000 321,958 Building Fund 130-0000-322.01-00 BUILDING PERMITS Adopted Fund Total Revenues 130-2411-524.41-15 CELLULAR PHONE/BEEPER 130-2411-524.49-09 INS CH GS -WORKERS COMP 130-2411-524.49-14 CREDIT CARD FEES Adopted Fund Total Expenses 2,500,000 65,500 1,910,000 2,800,000 2,565,500 3,069,949 65,500 431-0000-343.45-00 3,135,449 2,240 5,500 7,740 24,130 13,000 37,130 0 47,000 47,000 3,069,949 65,500 3,135,449 General Capital Improvement Fund 302-0000-381.03-03 CAPITAL SURTAX - 1,237,567 1,237,567 Adopted Fund Total Revenues 4,558,566 1,237,567 5,796,133 302-3011-517.71-01 PRINCIPAL PAYMENT - 1,237,567 1,237,567 Adopted Fund Total Expenses 4,558,566 1,237,567 5,796,133 Golf Fund 1,910,000 2,800,000 431-0000-343.42-00 GARBAGE/ROLL-OFF CONTAIN 431-0000-343.45-00 REFUSE -MULTIFAMILY 411-0000-347.22-02 Adopted Fund Total Revenues 431-2515-534.14-10 CART AND GREENS FEES 1,524,000 38,000 WASTE DISPOSAL 1,562,000 Adopted Fund Total Revenues 1,894,180 38,000 1,932,180 411-2910-572.12-10 REGULAR SALARIES/WAGES 356,190 11,000 367,190 411-2910-572.21-10 EMPLOYER FICA 27,249 4,000 31,249 411-2910-572.95-01 GOLF PRO SHOP MERCHANDISE 25,000 23,000 48,000 Adopted Fund Total Expenses 1,894,180 38,000 1,932,180 Solid Waste Fund 1,910,000 2,800,000 431-0000-343.42-00 GARBAGE/ROLL-OFF CONTAIN 431-0000-343.45-00 REFUSE -MULTIFAMILY 2,375,000 Adopted Fund Total Revenues 431-2515-534.14-10 OVERTIME 431-2515-534.34-62 WASTE DISPOSAL Adopted Fund Total Expenses Boynton Beach Memorial Park Fund 631-0000-389.91-00 FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 631-3110-539.43-10 ELECTRIC SERVICE 631-3110-539.95-60 U NCOLECTIBLEEXPENSE Adopted Fund Total Expenses 1,650,000 260,000 2,360,000 440,000 1,910,000 2,800,000 11,624,210 700,000 12,324,210 100,000 440,000 540,000 2,375,000 260,000 2,635,000 11,624,210 700,000 12,324,210 136,222 19,400 155,622 268,222 19,400 - 287,622 20,000 14,000 34,000 268,222 19,400 287,622 S:\Finance\BudgetAdjustments\FY2021-22\FY 2021 YE Data &Adjust ment\FY2020-21 All Funds Department Budget Amendment (Nov 16, 2021 Meeting) Non GF&Capital Amend -EshB Page 269 of 895 6. H. Consent Agenda 11/16/2021 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for November 15, 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). VENDOR(S) DESCRIPTION OF SOLICITATION SP Designs; Annual Supply of Miscellaneous Global Uniforms, Embroidery and silk Trading screening The Gehring Employee Benefits Consulting Group, Inc. Services SOLICITATION RENEWAL TERM AMOUNT NUMBER COBB Bid No. December 7, 2021 Annual Estimated 002-1412- thru December 6, Expenditure 20/ M F D 2022 $55,000 COBB RFP No. January 1, 2022 - Annual Estimated 012-1610-18/IT December 31, 2022 Expenditure $79,800 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 270 of 895 Is this a grant? No Grant Amount: Attachments: Type D Attachment D AltachiiTieint D Aftachiment D Attachment Description RidIE::: xteinsioins aind Riggy Backs under $100,000 FRem'--wal II inteire-st I elteir &F1 Designs 2021 2022 Renawil II inteirest I etteir, Global Trading, IIinc 2021 2022 FReinewal II nteire°,.;l I elteir F[ie (36l'u,im. Group, I inc 2022 2022 Page 271 of 895 DE CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS UNDER $100,000 November 15, 2021 REQUESTING DEPARTMENT: MATERIALS AND DISTRIBUTION DEPARTMENT CONTACT. Michael Dauta TERM: December 7, 2021 to December 6, 2022 SOURCE FOR PURCHASE: Bid No. 002-1412-20IMFD ACCOUNT NUMBER: 502-0000-141.01-00 VENDOR(S): SP Designs; Global Trading ANNUAL ESTIMATE: $55,000 DESCRIPTION: On October 10, 1920, Commission approved the renewal of Annual Supply of Miscellaneous Uniforms to include Embroidery and Silk Screening. The Contract allows for one (1) additional one-year renewal option with the same prices, terms and conditions. The vendor has agreed to renew the Contract for the one-year renewal option thru December 6, 2022. REQUESTING DEPARTMENT: HUMAN RESOURCES DEPARTMENT CONTACT. Julie Oldbury TERM: January 1, 2022 — December 31, 2022 SOURCE FOR PURCHASE: RFP No. 012-1610-1811T ACCOUNT NUMBER: 001-1610-513-49-17 VENDOR(S): Gehrig GROUP, Inc. ANNUAL ESTIMATE: $79,800 DESCRIPTION: On June 5, 2018, City Commission authorized the City Manager to sign an Agreement with Gehring Group, Inc. of Palm Beach Gardens, FL for RFP No. 012-1610-18/IT for Employee Benefits Consulting Services, in the monthly amount of $6,650 for an initial period covering July 1, 2018 thru December 31, 2019. The agreement allows for four (4) additional one-year renewal terms. The vendor has agreed to renew the Agreement for the 3rd one-year renewal term under the same prices, terms and conditions. BID NAME: BID NAME: "ANNUAL SUPPLY MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING" Contract Renewal Period: DECEMBER 7, 2021 THROUGH DECEMBER 6, 2022 Agreement between the City of Boynton Beach, and SP Designs and Mfg. v/Yes, I agree to extend the existing Bid for the Embroidery and Silk Screening under the same Terms and Conditions for an additional year: December 7, 2021 through December 6, 2022 No, I do not wish to renew the agreement. ..................... SP DESIGNS AND MFG c—IGN RE .Es-arr A 1 r11v lease print) 16) --1(5- 2/ DATE 1(5 - DATE :2&� - W2z/-804;, o (AREA CODE) TELEPHONE NUMBER Page 273 of 895 BID NAME: BID NAME: "ANNUAL SUPPLY MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING" Contract Renewal Period: DECEMBER 7, 2021 THROUGH DECEMBER 6, 2022 Agreement between the City of Boynton Beach, and Global Trading, Inc. Yes, I agree to extend the existing Bid t*or the Embroidery and Silk Screening under the same Terms and Conditions for an additional year: December 7, 2021 through December 6, 2022 No, I do not wish to renew, the agreement. GI...,OBALTRADING, INC NAME OF RHIRFSFWATIVE (please print) - ------------ DATE ?.... ............... F ..... . ..... . ..... ...... SIGNA'T'URE A C TITLE, <!t (AREA CODE)'11"LEPHONE NUMBER A,111',WICA'S (;ATJAVA I'TO THE WTV�'.OWKAIII Page 274 of 895 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 November 1, 2021 The Gehring Group, Inc. Attn: Cindy Thompson, V.P. of Operations 4200 Northcorp Parkway Suite 185 Palm Beach Gardens, FL 33410 VIA EMAIL TRANSMITTAL TO: cindy.thompson(aDgehringgroup.com BID.: Employee Benefits Consulting Services BID No.: 012-1610-18/IT CURRENT BID TERM: JANUARY 1, 2022— DECEMBER 31, 2022 Dear Ms. Thompson: The current bid term for "EMPLOYEE BENEFITS CONSULTING SERVICES" expires December 31, 2021. The agreement documents allow for four (4) additional one (1) year extensions. The City of Boynton Beach would like to extend the agreement for its 311 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 via email to prattt .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, I*k,L Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 275 of 895 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 November 1, 2021 BID: EMPLOYEE BENEFITS CONSULTING SERVICES BID No.: 012-1610-18/IT Agreement between the City of Boynton Beach and THE GEHRIG GROUP, INC. AGREEMENT RENEWAL TERM: JANUARY 1, 2022 — DECEMBER 31, 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) THE GEHRIG GROUP, INC. NAME OF COMPANY Kurt Gehring NAME OF REPRESENTATIVE (please print) 11/2/2021 DATE kurt.gehring@gehringgroup.com E -MAI L President, CEO TITLE 561-626-6797 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 276 of 895 M Consent Agenda 11/16/2021 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of October 2021. Explanation of Request: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $35,000 bid threshold for personal property, commodities, and services, or $100,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. All backup documentation is available upon request. Below is a list of the purchases for October 2021: Purchase Order # Vendor Amount 220386 ARCADIS US INC $14,450.00 220411 ADVANCED ROOFING INC $16,800.00 220426 SOUTH FL ENGINEERING & CONSULT $29,821.82 220427 ATLANTIC SOUTHERN PAVING & SEA $18,475.60 220429 SUSTAINABASE INC $15,800.00 220461 MUNICIPAL EMERGENCY SERVICE $16,723.00 220475 HARDRIVES OF DELRAY $17,700.00 220476 SIRIUS COMPUTER SOLUTIONS INC $14,459.97 220477 EBSCO PUBLISHING $10,321.00 220478 A-1 AIR SOLUTIONS, LLC $18,920.30 How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. Alternatives: None Strategic Plan: Strategic Plan Application: Page 277 of 895 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ftacI[iment Description C:;(.-,tolbeir, 2021 Fluirchases oveir, $10,000 Page 278 of 895 CITY OF BOYNTON BEACH 0 APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR OCTOBER 2021 Vendor: ARCADIS US INC. Purchase Amount: $14,450.00 Requesting Department: UTILITIES Contact Person: HOWARD KERR Date: 10/15/2021 Brief Description of Purchase: Task Order for technical assistance and FEMA's Building Resilient Infrastructure and Communities (BRIG) grant application development services. This project entails the development and submittal of a FEMA Scoping Project grant application by the Nov. 12, 2021 state deadline. The proposed FEMA - funded Scoping Project (to begin in late 2022/early 2023 if awarded) will be to review the City's CIP and prioritize, select, and develop mitigation projects to prepare the City to apply for Infrastructure funding under future fiscal year appropriations. Source for Purchase: Consultants Competitve Negotiation Act (CCNA) Fund Source: 403-5000-536.31-90 UC2104 Vendor: ADVANCED ROOFING INC. Purchase Amount: $16,800.00 Requesting Department: UTILITIES Contact Person: HOWARD KERR Date: 10/19/2021 Brief Description of Purchase: Roofing repairs at Lift Station 356, 319, 309, and Warehouse #2. To prevent flooding or damage to assets/equipment . Source for Purchase: Piggyback: City of Sunrise Fund Source: 403-5000-535.65-04 SWR102 Contract 4 2019000166 403-5000-533.64-04 WT2103 Vendor: SOUTH FL ENGINEERING & CONSULT Purchase Amount: $29,821.82 Requesting Department: UTILITIES Contact Person: ANGELA PRYMAS Date: 10/22/2021 Brief Description of Purchase: The PBC Municipal Separate Storm System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit No. FLS000018-004 required that the City of Boynton Beach and Delray Beach implement a Water Quality Monitoring Plan for Lake Ida, Water Boundry ID (WBID) #3262A for compliance with the Environmental Protection Agency (EPA) Source for Purchase: 3 quotes Fund Source: 401-2824-536.49-17 Vendor: ATLANTIC SOUTHER PAVING & SEA Purchase Amount: $18,475.60 Requesting Department: ENGINEERING Contact Person: CARL FRUMENTI Date: 10/22/2021 Brief Description of Purchase: Task 107 - Sidewalk repairs, pavement markings, and ADA compliance in Skylake (SW 11th St) Source for Purchase: Contract #: 010-2512-18 Fund Source: 303-4904-541.63-24 CP0263 303-4904-541.63-03 TR1701 303-4905-580.63-08 CP0266 Vendor: SUSTAINABASE, INC. Purchase Amount: $15,800.00 Requesting Department: UTILITIES Contact Person: REBECCA HARVEY Date: 10/22/2021 Brief Description of Purchase: Subcribe to existing web -based SustainaBase platform for a 12 -month period. The subscription is needed to gather data and re -calculate the City's greenhouse gas emission inventory for 12 -month period using SustainaBase platform. Which are used along with associated data by the City to inform the development and tracking of the city climate action plan, to respond to the annual CDP survey, participate in race to zero and to help city staff make informed decisions regarding the consumption of resources such as fuel, natural gas, and electricity. Source for Purchase: Sole Source Fund Source: 401-2821-536.95-44 Page 279 of 895 Vendor: MUNICIPAL EMERGENCY SERVICE Purchase Amount: $16,723.00 Requesting Department: FIRE RESCUE Contact Person: CHIEF BRUDER Date: 10/27/2021 Brief Description of Purchase: Annual renewal of membership of Target Solution software, which provides training classes to Fire Department. Source for Purchase: Piggyback: Lake County Fund Source: 001-2210-522.46-91 Contract #: 17-0606G Vendor: HARDRIVES OF DELRAY Purchase Amount: $17,700.00 Requesting Department: UTILITIES Contact Person: DAVID ROLAND Date: 10/29/2021 Brief Description of Purchase: Removal and stockpile of sludge material from lagoon at East Water Treatment Plant (EWTP). Source for Purchase: 3 Quotes Fund Source: 401-2811-536.49-17 Vendor: SIRIUS COMPUTER SOLUTIONS, INC. Purchase Amount: $14,459.97 Requesting Department: ITS Contact Person: MICHAEL BENNETT Date: 10/29/2021 Brief Description of Purchase: Vmware Support & Subscription annual renewal. The Vmware software allows computer servers to run "virtually" as applications within the memory and processor space of larger, shared server hardware. The City and Utilities IT divisions rely heavily on the VMware software given that it runs almost all of our file-, print-, and application -servicers, which provide information on a 24 hour by 7 day basis to internal staffm as wekk as extenal customers through our internet connections. Source for Purchase: 3 quotes Fund Source: 001-1510-513.46-91 401-2821-536.46-91 Vendor: EBSCO PUBLISHING Purchase Amount: $10,321.00 Requesting Department: LIBRARY Contact Person: TIFFANY PAGAN Date: 10/29/2021 Brief Description of Purchase: Learning Express is part of the many online databases available to Library card holders. Learning Express has a new online system available to help with job searching and test taking. Source for Purchase: Sole Source Fund Source: 001-2610-571.54-10 Vendor: A-1 AIR SOLUTIONS, LLC Purchase Amount: $18,920.30 Requesting Department: UTILITIES Contact Person: HOWARD KERR Date: 10/29/2021 Brief Description of Purchase: The Air Conditioning unit that cools the Main Control Center (MCC) at the West Water Treatment Plant is need of replacement. The present unit is 15 years old and has been repaired several times. The MCC houses expensive equipment that runs the West Plant Operations and needs to be cooled at all Source for Purchase: Contract #: 012-2511-20 Fund Source: 403-5000-533.65-02 WT2102 Page 2 Page 280 of 895 6.J. Consent Agenda 11/16/2021 Requested Action by Commission: Approve the purchase of a Trimax Snake Mower, from Global Turf Equipment Sales & Rentals in the estimated amount of $37,496.00 for the Links of Boynton Beach golf course as a sole source provider. Explanation of Request: Staff recommends the purchase of the Trimax Snake Mower which is designed specifically for golf course fairway and rough maintenance. The Links is purchasing the Trimax Snake Mower as a sole source as there are no other alternatives for rough mower units. The material is made of 1/4" steel compared to the 1/8" steel, making it more durable. The Trimax unit is able to go around bunkers where other mowers cannot, cutting down on added personnel to go around and edge the bunkers. Global Turf Equipment Sales & Rentals is the only provider of the Trimax Snake mower within the State of Florida. The Links is requesting this purchase to replace the current rough unit which has had multiple issues and repairs, and is approaching the end of its functioning capability/useful life. Due to the technology of the a Trimax unit, this equipment will save the golf course payroll dollars and time, and produce better facilities for the golfer. How will this affect city programs or services? Replacing the existing rough unit will enhance the overall image of the Golf Course, along with reducing maintenance time and costs that the Golf Course has experienced. Fiscal Impact: Budgeted: 411-2911-572.63-01 Alternatives: Do not purchase new mower unit at this time. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 281 of 895 Grant Amount: Attachments: Type D QUOI(IS D Sole Source I etter D Attachirrient Description Quote Gldlbal TurfEquilpin,�eint & Sales Tirliirrnaa IMairuu.utactuireir Sole Source I etteir Sole Single Source Justification Page 282 of 895 Q U 0 T A T 1 0 N QTY GLOBAL TURF EQUIPMENT SALES& RENTALS PHONE#: (561)702.2050 DATE: 912912021 11644 Uradco Place CELL #: ORDER #, 8350 Son Antonio, FL 33576 US ALT, 9: CUSTOMER #: 106035 Phone #: (352)588-3092 P.O.#: CP: willm $.00 TERMS: Cash LOCATION: I SALES TYPE: Quote STATUS. Active BIL11 TO 106035 THE LINKS OF BOYNTON BEACH 8020 Jog Rd BOYNTON BEACH, FL 33472 US SHIP TO THE LINKS OF BOYNTON BEACH 8020 Jog Rd BOYNTON BEACH, FL 33472 US PAGE: I MFR PRODUCT NUMBER DESCRIPTION QTY PRICE NET TO`IAL TRIM 721-320-201 Trimax - Snake $2 Mower - 320 1 $37,040.00 $37,040.00 $37,040.00 TRIM 450-000-010 Trimax - Toolkit Complete 1 $.00 $.00 $0.00 TRIM 808-000-01 7 Trimax - Drawbar Clovis - Pegasus/Snake 1 $.00 $.00 $0.00 Price includes stark up kit and shipping TRIM 450-150-303 On -Call Parts Kit - Snake S2 320 1 $214.00 $214.00 $214.00 TRIM 418-000-542 Clovis Plate Weldment 2 $81.00 $81.00 $162.00 MISC 205790 518 X 6 USS GR 6 HEX HEAD CAP SCREW 4 $10.00 $10.00 $40.00 ZINC MISC 260050 5/8 USS Nylon Insert Lock Nuts (60ea Pkg) 4 $10.00 $10.00 $40.00 Prices reflected on this quote are valid for 30 days and while current supplies last, However, prices are subject to change if the program or promotion the prices were quoted under is no longer in effect, AuthorizedBy: . . .. .......................... . . .................. . . ..... . ........ SUBTOTAL: $37,496.00 TAX: $0.00 ORDER TOTAL: $37A96-00 Page 283 of 895 310 Etowah Trace Fayetteville, Ga. 30214 10/25/21 To Whom It Maj,��oncerq This letter certifies that Global Turf Equipment is the sole source provider ofthe ThmaxSnake mower |n Scott Herron National Sales Manager Page 284 of 895 This form shall be completed and approved prior to all sole source purchases Sole Source Definition - Commodities or contractual services available only from a sole source may be exempt from the quote or competitive process under the following circumstances: a. There is only one source or one reasonable source for the required commodity, service, or construction, or, b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only pads that can be reasonably used, or, c. The procurement is needed to ensure consistency In results as related to other products or standardization of parts or supplies as required to avoid unreasonable cost or inefficiency Single Source Definition - A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available, Department Division Point of Contact Phone Number Company Name Address Phone Number Point of Contact and Title What other vendors were contacted? (Litt company name, contact, and phone number and explain why they were not suitable) Product/Service Name Manufacturer Make/Model # ,(� .... ... .. ( 0 L 1-11,11-1l""""",",""","",,�� ... . . . . A 0 Price i'o Did you negotiate the terms or prices with the vendor? NrYes No Why is this price considered to be fair and reasonable? o x ,1111 A:-.,-- A 1?� I Page 285 of 895 - . .................. Will this purchase obligate the City to a particular vendor in the future? (Either in terms of maintenance, services, or re -purchase for compatibility reasons) rj Yeshtv This is a sole source because (choose any that apply): „,,,Sole provider of a licensed or patented good or service Single Source provider of Hems compatible with existing equipment, Inventory, systems, programs, or services. ❑ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory -authorized warranty service [j sole provider of goods or services that will meet the specialized needs of the City or perform the intended function (please detail below or reference an attachment). [7 The vendor/distributor is the owner of used equipment that would represent a best -value purchase for the City and is advantageous to the Ck{please provide information on current market prices, availability. etc.) .............. ---111111111 Please necessary features does this vendor provide which are not available from other vendors? P ase be speclfic.a" Attach documentation to substantiate this sole source claim Including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. . ... .......... .. . .............. . . . ................ - -- ------ My departments recommendation for a sole source purchase Is based upon an objective review of the produclyservice required and appears to be In the best interest of the City, I know of no conflict of interest on my part nor do I have any personal Involvement in any way with this request. No gratuities, favors or compromising action have taken place. Neither has my personal familiarity with particular brands, types of equipment, materialts, or firms been a deciding influence on my request to We source this purchase when there are other 1.9opartment DI"s T Ili 11 �=? - — Signature . . . . .............. .. .. ............ 2. Purchasing ManagerfFinance Director sed on the information provided in Sections A and B and the attached supporting documents. I recommend I do not recommend E] this being certified as a sole source. Required 17 t requir'844to be advertised for a period of 7 business days before award. U . ............ .. . ............ ........ ..... . . . . .. ................... . Date K, Page 286 of 895 6. K. Consent Agenda 11/16/2021 Requested Action by Commission: Approve release of performance bond No.: 4424232 for the completion of clearing and grubbing in association with Cortina I I I project in the amount of $140,493.54. Explanation of Request: The Public Works Engineering Division requests approval to fully release the Performance Bond (No.:4424232), in the amount of $140,493.54 for the completion of the clearing and grubbing in association with Cortina III project. • Suretec Insurance Company, a surety company authorized to do business in the state of Florida, submitted a Performance Bond for the completion of the clearing and grubbing in association with Cortina 111, in the amount of $140,493.54 (see attachment). • Per the recorded plat, (see attachment) no right-of-way or drainage improvements were dedicated to the City of Boynton Beach. Therefore, the City has no obligation to hold a 5% warranty bond for a period of one (1) year as the warranty against defect. • As indicated in the attached performance bond release letter, the mentioned 5 % warranty bond, Bond No.: 107481980, was issued to Boynton Beach Utilities for the water and sewer systems to be owned by the City. That bond shall remain in place for a period of one year following full acceptance of those systems by the City (see attachment). How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 287 of 895 Attachments: Ty pe D AltachirTl(,,Illt D Altac hirneirn t D Attachirneirt D Attachin,neint Description Attac[iirneint 1 SUirely Ii elease lRequest I ett�ir Attacll,iirneint 2 Surely IBoirnct Attacll,iirneint 3 Plat Attachirneint 4 Wairrainly IBoirmct Page 288 of 895 SCILINARS_ I`,] �...µ Illi I""d � I IIII III"'°a� � „w C' III 0III, IIII III"4a� October 26, 2021 Mr. Milot Emile, P.E. Associate Engineer City of Boynton Beach Utilities 124 East Woolbright Road Boynton Beach, FL 33435 Phone : 561-742-6407 Milot: Toll Free: 888-285-3886 Phone: 561-241-6455 Fax: 561-241-5182 Website: www.schnars.com RE: Cortina at Boynton Village -Phase 3 Schnars Engineering Corporation Project No. 04173 Please accept this request to reduce the surety for the referenced project to the 5% one-year maintenance (warranty) surety. I understand a 5% warranty bond has already been provided to you so we request the return of the original surety bond provided by the owner at the beginning of the project. Please do not hesitate to contact us if you should have any questions or require additional information. Sincerely, SCHNARS ENGINEERING CORPORATION ... Jeffre . Schnars, P.E. President 947 Clint Moore Road • Boca Raton, Florida 33487 Page 289 of 895 I. .FME,KNO a EXHIBIT "N-3" (LDR, Chap. 2, Art. III, Sec. 6.C.) KNOW ALL MEN BY THESE PRESENTS: That [I] [we], CORTINA III OWNER, LLC , hereinafter called PRINCIPAL, and SURETEC INSURANCE COMPANY, a surety company authorized to do business in the State of Florida, hereinafter referred to as SURETY, are held and firmly bound unto the City of Boynton Beach, a political subdivision of the State of Florida, hereinafter called CITY, the full and just sum of One Hundred Forty Thousand, Four Hundred, Ninety -Three and 54/100 U. S. Dollars ($140,493.54), lawful money of the United States of America, to be paid to the City of Boynton Beach, to which payment will and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally., firmly by these presents: [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the recording of a certain subdivision plat known as and such recording is prior to completion of construction of the Required Improvements as prescribed by the Subdivision, Platting and Required Improvements Regulations, Chapter 2, Article III, Section 2 C.2.c, and Chapter 4, Article VIII, Section 2 and 3 respectively of the Land Development Regulations of the City of Boynton Beach, hereinafter the REGULATIONS, pertaining to said subdivision;] or [WHEREAS, the above bound PRINCIPAL has received approval from the CITY for the construction of a certain project known as CORTINA III AT BOYNTON VILLAGE, and such project shall construct and install the required public improvements to support the Project pursuant to the terms of the Permit,] and WHEREAS, PRINCIPAL has been issued that certain [CLEARING AND GRUBBING Permit] [Land Development Permit] Number I, hereinafter the PERMIT, for construction of said Required Improvements, a copy of which is attached hereto and by reference made a part hereof; and WHEREAS, it was one of the conditions of said REGULATIONS and PERMIT that this bond be executed. NOW, THEREFORE, the conditions of this obligation are such that if the above bound PRINCIPAL shall in all respects comply or cause others to comply with the terms and conditions of said PERMIT, within the time specified, and shall in every respect fulfill [its] [his] [her] [their] obligation thereunder and under the plans therein referred to, then this obligation to be void; otherwise, it shall remain in full force and effect. Page 290 of 895 Bond: 4424232 The PRINCIPAL and CITY agree that the City Engineer may, in writing, reduce the initial amount stated above in accordance with the requirements of said REGULATIONS. The SURETY UNCONDITIONALLY COVENANTS AND AGREES that if the PRINCIPAL fails to perform all or any part of the construction work required by said PERMIT and REGULATIONS within the time specified, the SURETY, upon thirty (30) days written notice from the CITY or its authorized agent or officer, of the default, to the PRINCIPAL or its authorized agent or officer, will forthwith perform and complete the aforesaid construction work and pay the cost thereof, including, but not limited to, engineering, legal, and contingent costs, together with any damages either direct or consequential. Should the SURETY fail or refuse to perform and complete the said improvements, CITY, in view of the public interest, health, safety and welfare factors involved and the inducement in approving and filing the said plat, shall. have the right to resort to any and all legal remedies against the PRINCIPAL and/or SURETY, or both at law and in equity including specifically the specific performance, to which the PRINCIPAL and SURETY unconditionally agree. The PRINCIPAL AND SURETY FURTHER JOINTLY AND SEVERALLY AGREE that the CITY, at its option, shall have the right to construct or, pursuant to public advertisement and receipt of bids, cause to be constructed the aforesaid improvements in case the PRINCIPAL should fail or refuse to do so in accordance with the terms of said PERMIT. In the event CITY should exercise and give effect to such right, the PRINCIPAL and SURETY shall be jointly and severally, liable hereunder to reimburse the CITY the total cost thereof, including but not limited to, engineering, legal, and contingent costs, together with any damages, either direct or consequential, which may be sustained on account of the failure of the PRINCIPAL to carry out and execute all the obligations for construction of Required Improvements pursuant to the REGULATIONS and PERMIT. IN WITNESS WHEREOF, the PRINCIPAL has executed these presents this 30th day of November, 2018. CORTINA III OWNER, LLC, a Delaware limited liability company licensed to do business in Florida By: E an Schlecker Vice President ATTEST: (signature of other corporation officer) (typed name) — (title) (Impressionable corporate seal) Page 2 of 4 pages Page 291 of 895 rr� STATE OF Tori d 0- ) COUNTY OF P --%m Bond: 4424232 BEFORE ME personally appeared Evan Schlecker who is sonal known fo m , or has produced as identification, and who executed the or�g instrument as [Vice] President of Cortina Owner III LLC , a corporation, and severally acknowledged to and before me that [he] [she] executed such instrument as such officer of said corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that it was affixed to said instrument by due and regular corporate authority, and that instrument is the free act and deed of said corporation. WITNESS my hand and official seal this My commission expires: rFeb . 14 , ao a-. o no (INDIVIDUAL PRINCIPAL) WITNESS: (SURETY SIGNATURE BLOCK) WITNESS: f Q day of 1 centi L�¢ , 20115. Notary Public Page 3 of 4 pages ;.. ' DIANE C CERSONE MY COMMISSION # FF957'443 EXPIRES February 04- 2020 Ncrl;ssln-t++d3 r'kx1M+�++� 1"1" . rr• SureTec Insurance COMDanv SURETY ABY: / _ Wendy Grif ,Attorney-' ct Page 292 of 895 Bond: 4424232 ADDRESS: 1330 Post Oak Blvd., Ste. 1100 Houston, TX 77056 STATE OF ��eo ) COUNTY OF t ) BEFORE ME personally appeared Wendy Griffin who is personally known to me, or has produced LjI) d as identification, and who executed the foregoing instrument, and acknowledged before me that she executed said instrument as such officer of said limited liability company for the purpose expressed therein. WITNESS my hand and official seal this day of LRZe �ei; 2018, My commission expires: Notary Public , M AIESIA HINES (Seal) •�0Apu•'Gn%Notary Publio, State of Texas --'41 Comm, Expires 07-09-2019 Notary 10 130290834 I 1111\ Page 4 of 4 pages Page 293 of 895 POA #: 4424232 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Wendy Griffin its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Principal: Cortina III Owner, LLC Obligee: City of Boynton Beach Amount: $ 140,493.54 and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolvers; that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'x' of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 6th day of April, A.D. 2017. A uRANC SURETEC ANC rCOANY ...4F'�o� By: w i w John Knox .,/edin t State of Texas ss: 7 5 r County of Harris �+nnma On this 6th day of April, A.D. 2017 before me personally came John Knox, Jr., to me known, who, being by me, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company descrd which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. JACQUELYN GREENLEAf Notary Public, State of Texas 9+� Comm. Expires 05-18-2021 oil ,N``` Notary ID 126903029 �ffvy"-- Jacillluelyn Greenleaf, Notary Public My commission expires May 18, 2021 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 30th day Nqyernber 2018 A.D. M. Brent teaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. Page 294 of 895 SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 Non -Texas Rider 010106 Page 295 of 895 00 Uj00 uj LL.alu*) lo� fi� w z r—: ZO o< u iu E 0 im LU w U) 2 N J. - a. < R ELM - Zzu p3:m w Xo 0'. Pdo . C4 i.- ILL zz Z0 0 >- zpo —tum i.- UJ U. oi� U) 0 o 0Q U LL 0 It, M ILL 0 aj IM w w I Z I 11. I z Ml A P A 1 "poi q o i NIANI�2�. i U) �Ap PE, ... Z .... it 2 i LU z LU i uj w Lu 1.111'-,��rlU i i i LU --M o o UOIE410 5l I M a. LL o� m� a 0uj 3 3 00 o: �REW�RaR,�Eas,RMl � � W� RYX RB. l6,>a4FS Bi &1,VB4Rl CAST WNL INPCI 6'3 0 MSP J10 PBCRI VN Ri OSBU HD R5 /1 GD P9,GP� 0 DI"W UJ ia;i 03 0'941 / PB. tt1, PGS009J1 r ^' d N O NB VI�PGS 500'4107E 1188,90' - IcWIL ( f4 Y I f'awz lwou / \ \, ZJ. ., ... .. .... a' f li u IS z ' �zp a LL J�W�II z! s a0mol WWWS2NI "-CPNGeE&SAVENUE - - z w m J JI �Oaaal _______ _____________ a. o� m� a U 00 o: �REW�RaR,�Eas,RMl � � W� RYX RB. l6,>a4FS Bi &1,VB4Rl CAST WNL INPCI 6'3 0 MSP J10 PBCRI VN Ri OSBU HD R5 /1 GD P9,GP� 0 DI"W UJ ia;i 03 0'941 / PB. tt1, PGS009J1 ^' d N O NB VI�PGS 500'4107E 1188,90' - IcWIL ( I f'awz f li �zp LL J�W�II s a0mol WWWS2NI J JI �Oaaal �a i� azzQdli �Zz r �FowI i nn XOm u.0 zo � Poo Q"Z 00} ZZ20 —OU m 1 �i0 i? �y 0 } II � 1 0¢ U ° LL a 0 s z g w, IL m I } ¢ I I I II ,u' _ li 62J0 I ., J �69 p30g1VRE0B�LEVAPO E R 64650 ,�I01'4Y4' Al75' R-59 q 1241 6P- a _ 74.24 _ 5.06 15048 N � 1 1 1 C M 0 W V M LL 0 M uj W 1 "goo WZD - 0916"W 15291 ------- '360, - -- 'G9 lG8,16 No T,2 68 'NoyGIOW Fa Y Ao z 0 COCKS$ AVRE 1 "goo WZD - 0916"W 15291 ------- '360, - -- 'G9 lG8,16 No T,2 68 'NoyGIOW MEMORANDUM UTILITIES DEPARTMENT TO: Mara Frederiksen, Director o FROM: Milot Emile DATE: 09-13-2021 RE: Cortina III Warranty Bond/ Transmittal MAINTENANCE/WARRANTY BOND: COST DOCUMENTATION: Engineer's Estimate Copy of Contract Other inancial Services Amount$26,549.28 If you have any questions, please call me at extension 6407. Thank you. Attachment: Water & Sewer Cost Estimate Page 299 of 895 PERFORMANCE BOND Travelers Casualty and Surety Company of America Annual Form Hartford, CT 06183 Bond No. 10,74810, 0 . ........................ KNOW ALL BY THESE PRESENTS, That weCORTINA III OWNER LLC as Principal, µ__................_................_._..�,........._...._......-, and Traviwlers,Ca li ly,, �orvlj_ mi -C& er►eaM,_,,, _ , of co �i t, authorized to do business in the State of > _ µ , as Surety, are held and firmly bound unto Ci; of Bonron BeachFlorida as Obligee, in the maximum penal sum of Twen Six Thousand Five Hundred Forty Nine 28/100 Dollars L ----;!0.M-%-2-8- ._ „, lawful money of the United States of America, for which payment well and truly to be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by this Bond. WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to perform in accordance with the terms and conditions of the water and sanitary sewer system installed within and supporting solely at S00 SEALOFTS DRIVE, BOYNTON BEACH, FL 33426 (561)220-3836 or (713)361-2215 (hereinafter referred to as the Contract), said Contract is hereby referred to and made a part hereof; NOW, THEREFORE, the condition of this obligation is such that if the above named Principal, its successors and assigns, shall well and truly perform its obligations as set forth in the above mentioned Contract, then this Bond shall be void; otherwise to remain in full force and effect pursuant to its terms. Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express conditions: 1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of September 1. 2021 to Se tember 1.2022 . The Bond may be extended, at the sole option of the Surety, by continuation certificate for additional periods from the expiry date hereof. However, neither: (a) the Surety's decision not to issue a continuation certificate, nor (b) the failure or inability of the Principal to file a replacement bond or other security in the event the Surety exercises its right to not renew this Bond, shall itself constitute a loss to the Obligee recoverable under this Bond or any extension thereof. 2. The above referenced Contract has a term ending a _Sef;lember 112022 , Regardless of the number of years this Bond is in force or the number of continuation certificates issued, this Bond shall not be extended beyond September 1, 2022, _ , unless earlier nonrenewed pursuant to paragraph 1 above. 3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year from termination or expiration of the bond term. 4. Regardless of the number of years this Bond is in force or the number of continuation certificates issued, the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider, 5. Any notice, demand, certification or request for payment, made under this Bond shall be made in writing to the Surety at the address specified below. Any demand or request for payment must be made prior to the expiry date of this Bond. Surety Address: Travelers Casualty and Surety Company of America .............w ,,,, ....... One Tower Square MM..... ............_...� ,. ,,,,,,,,,,,,,,,,,_ A�ord&T 06183 ..__.... Attu: 6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and as described in the underlying Contract, then the terms of this Bond shall prevail. SIGNED, SEALED AND DATED this _.. lst__,,w day of ....... Se , tmeber 2021 . CORTINA III WNER LLC ByEvan"��ecker.�...._........ _....�_.......... ...�.w..... .-...._. ; Principal� Travelers asualty and SuretyC puny of America By:. �,_. .__.... L. . .............. ....... Bonnie L. Rice , Attorney -in -Fact Page 300 of 895 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the Companies) and that the Companies do truereby make, and lawful Attornetitsteand n -Fact to sign, execute, se Bonnie L. Rice y bonds, of Knoxville Tennengg _ b in the nature thereof on behalf of the Companies acknowledge b an µand all P the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings dertak ngs required o s eguaranteeingnany recognizances, conditional undertakings other writingsobligatory y p g g p red or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. " 0' 'H A State of Connecticut �� Raney, Senior Vice President BY :............ u� � Robert °' � y City of Hartford ss. On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 iwP HtigM, "�,*" 4 0 ,� -...��' Anna...... ..........M._.._... X"ZOSP. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal.bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this ............. 1st ............... day of _....,..... p 2021 September u, fh imr,rmi nrrb : artall °tisw Ak KeEughes, Assistant Secretary 7o verify the authenticity of this Power of Attorney, please call us at 1-800-4214880. Please refer to the above-named Attorneys) -in -Fact and the details of the bond to which this Power of Attorney is attached. Page 301 of 895 SCNNARS ENGINEERING CORPORATION 947 Clint Moore Road - Boca Raton, Florida 33487 Tel: (561) 241-6455 Fax: (561) 241-5182 Permit No. Schnars Job No,; 04173 Prepared by: JTS Control No Date 30 -Oct -18 Develo ger Cortina III Owner LLC Corte,_.__._ ...��......�......... M _.....__�.......__�...-___...�..µ�_...........,mm�,��,..�_.�..� Ina III at Boynton Village Clty of.Bo !on.,,Beach., oFlorida . _...................................._....... .._, ......,._ �µ„_.._...... w.. _.... e=w"'_.....,..._..._........._w.1,,.,..-._,.._ n_.... _.... ..._ .M. . ,...: a ....w..w; City of Boynton Beach Wafer and Sewer Cost Estimate DESCRIPTION COST SUMMARY 1. Sewer ....................... . II, Water UNIT QUANTITY UNITS PRICE TOTAL T6fAL _................. _.............. ............ .......... --....,_1 . ...... .._,..-1-11..._. WOMASr1 4 .; `5 • �+, ;stn . 0.4669% •: STATE OF IU Jeffrey T. Schnars, P. E. Florida Registration No. 46697 Civil Engineer For the Firm Certificate of Authorization 6640 Date $215,132.00 $315,853.50 °/o „, •..µ. dry._ .., .. ............ .,ate 04179 C041he N WS_casfestx/s1E&dma1e 10/3112010 @ 8:48 AM Page 302 of 895 PORATIOIV :.... 947 glint Moore, Road Boca Raton, F.I rida.3 4 7 :Tpi: (561) 241-6455 Fax: (561) 241-5162 Permit No. 9ohnars Job No.: 04173 Prepared by. JTS control No,: _Date: 30m ct®13 Develo' ere Cortina III Owner LL Cortina III ...�._.iCI� �._......._.._....�_...._........._..w..._,........_..,.�,_._......a..�._. nton fifty cif o�Mn �a� Flans pity of errtor� each star sr� ewer asf Estr"mate . UNIT DESCRIPTION QUANTITY UNITS PRICE TOTAL Io Sewer LF $27.50 $19,277.60 8" PVC 0900 0 - 6' Cut 1,302 LF $26.00 $33,652.00 3" FVC 0900 6- 6' Cut 1,120 LF $2&00 $31,360.00 6" FVC C900 6® d 10' Curt 909 LF $31,00 $.26,179.00 6" PVC 0900 10'- 12' tit 167 LF $42.00 $7,854,00 Manhole 0'- 6'deep 7 EA $4,145,00 $29,016m00 Manhole 6'- 6° deep 6 Eft $4,790.00 $23,950.00 Manhole 8'- 10' deep 2 Eft $5,730.00 $11,460,00 Manhole 10'- 12'deep 1 EA $6,425.00 $6,425.00 Care/Connect to existing manhole 1 EA $4,296.00 $4,295.00 Single service FVC sewer lateral 25 EA $640,00 $21,000.00 6" FAV sewer lateral pipe 771 LF $12,00 $ ,252.00 Cleanout assembly 24 EA $300.00 $7,200.00 Modify existing invert 1 EA $1,005.00 $1,005.00 Adjust existing Rim 1 Eft $265.00 $265.00 SUTUA-C..........._.. ... _... _..µ � ...,._ .... _ ..._.._ _ .. 1 ,1. _,.._....._. .00 IIS star 4" DIP Water Main 6" DIS Water Main 6" DIP Water Main 3" PVA Water mein Fire Hydrant with gate valve assembly 2" building service 2." building service Sample Point 4" gate valve 6" gate valva 6" gate valve Water main MJ fittings Remove Plug & Connect to existing water main Pig Assembly I Fill & Flush connection B Q4tT P artPns ttP _cw(catVstLatimaaler 701 LF $27.50 $19,277.60 637 LF $2700 0 3,956 LF $1600 t 7 EA r $23,030.00 10 EA $3,40000 $34,000,00 8 EA $41000 $3,280.00 32 EA $8X00 $26,240,00 1 LS $27,300.00 $2T300.00 Page 303 of 6. L. Consent Agenda 11/16/2021 Requested Action by Commission: Proposed Resolution No. R21-159 - Approve and authorize the City Manager to sign a land use agreement between the City of Boynton Beach and Ocean One Boynton, LLC for the 50th Annual Holiday Parade to be held December 4, 2021. Explanation of Request: The City is requesting to use Ocean One Boynton, LLC property on Federal Highway as a public parking option during the 50th Annual Holiday Parade (Saturday, December 4, 2021). An Americans with Disabilities (ADA) parking area will also be available at this location. How will this affect city programs or services? This site will provide an alternative for public and ADA parking on December 4, 2021. Fiscal Impact: There is no cost related to the temporary use of Ocean One Boynton, LLC property December 4, 2021. Alternatives: Not approve the land use agreement between the City of Boynton Beach and Ocean One Boynton, LLC for property (parking) use on December 4, 2021 for the City's Annual Holiday Parade. Strategic Plan: Culturally Distinct Downtown, Transportation and Mobility Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Resolution D Agreement Description 1::Resolluitioirn eli" pirmAi ng II.....and Use gira::eirrn(:,irnt With Ocean One for II....IIoIIliday IPalrade ICnairkliirng 1.....arnn:1 L.tse Agireenierfl.... Ooeai n (:)irmE; Page 304 of 895 1 RESOLUTION NO. R21- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LAND USE 6 AGREEMENT WITH OCEAN ONE BOYNTON, LLC., FOR THE 50TH 7 ANNUAL HOLIDAY PARADE TO BE HELD SATURDAY, DECEMBER 4, 8 2021; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City plans to use the Ocean One Boynton, LLC.,, property as a public 12 parking option during the 50th Annual Holiday Parade on December 4, 2021; and 13 WHEREAS, parking is limited and this site will provide an alternative for public parking 14 during the event; and 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16 recommendation of staff, deems it to be in the best interests of the City residents to approve 17 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach 18 and Ocean One Boynton, LLC.,, for the 50th Annual Holiday Parade to be held December 4, 19 2021. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission hereby approves and authorizes the Mayor to 26 sign a Land Use Agreement between the City of Boynton Beach and Ocean One Boynton, 27 LLC.,, for the 50th Annual Holiday Parade to be held December 4, 2021. A copy of the S:ACA\RESO\Agreements\Land Use Agreement with Ocean One for Holiday Parade 2024 - Reso.docx Page 305 of 895 28 Agreement is attached hereto as Exhibit "A." 29 Section 3. This Resolution shall become effective immediately upon passage. 30 PASSED AND ADOPTED this 16th day of November, 2021. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ATTEST: 47 48 49 50 Crystal Gibson, MMC 51 City Clerk 52 53 54 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga VOTE S:ACA\RESO\Agreements\Land Use Agreement with Ocean One for Holiday Parade 2024 - Reso.docx YES NO Page 306 of 895 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this _ day of , 202, by and between the ("City'), and Ocean One Boynton LLC its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain properties described in Exhibit B, (the "Property"); and WHEREAS, the CITY desires to use the parking lots located on the Property for parking for an event taking place on , 202_ (the "Event"); WHEREAS, Owner desires to permit the CITY to use the parking lots on the Property for the Event; NOW, THEREFORE, for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Owner agrees to allow the CITY to enter onto the Property for uses related to the Event on the dates and times specified on the attached Exhibit A. 3. The CITY represents and acknowledges that its activities and all participants are properly covered by appropriate insurance; that the CITY shall be responsible for any injuries to its employees, agents, contractors, guests, invitees, and third parties occurring during activities in the course and scope of parking on the Property for the Event; and any other activities related to the Event that take place during dates/times expressed in Exhibit A; and that the CITY shall be responsible for any damage to the Property caused by the CITY's or other Event participant's use of the Property for the Event. The CITY shall also be responsible for its own negligence. To the extent permitted by law, and subject to the limitations of section 768.28. Florida Statutes, the CITY shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the CITY's negligence or CITY's activities on the Property during the dates listed in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the CITY. 4. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the CITY in return for permitting the CITY to use the Property as provided for in this Agreement. 5. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. No modifications or change in the Agreement shall be valid or binding upon the parties unless in writing, executed by the parties to be bound thereby. 6. This Agreement shall expire on , 202_. 7. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Chair and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. 01016483-1 Page 307 of 895 ATTEST: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF BOYNTON BEACH By: Print Name: Title: I HEREBY CERTIFY that in this day before me, an officer duly qualified to take acknowledgements, personally, appeared 'as Of the City of Boynton Beach who is personally known to be the person described in, or who produced as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the Count and State aforesaid on this day of , 202_. NOTARY PUBLIC My Commission Expires: 01016483-1 Page 308 of 895 ATTEST: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH Ocean One Boynton, LLC By: Print Name: Title: I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements, personally, appeared , as of who is personally known to be the person described in, or who produced as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the Count and State aforesaid on this day of 202 . My Commission Expires: NOTARY PUBLIC Exhibit "A" Owner agrees to allow the CITY and attendees of the Event to enter onto the Property for uses related to the Event. In addition to the dates and times listed above, the CITY will access the Property to perform maintenance and site preparation (including lawn mowing and light tower placement) before the Event and site clean up after the Event. This access may occur anytime between , and may occur over multiple days. The CITY will provide 24 hours' notice to Owner prior to entering the Property, and will only perform maintenance, site preparation and site clean up activities between the hours of 8:30 A.M. and 5:30 P.M. 01016483-1 Page 309 of 895 Exhibit "B" The Property consists of the following properties: Location Parcel No. 114 N. Federal Hwy 08-43-45-27-01-000-0410 222 N. Federal Hwy 08-43-45-27-02-000-0010 01016483-1 Page 310 of 895 One Ocean Parcel Number: 08-43-45-27-01-000-0410 Page 311 of 895 Ocean One Property #1: 08-43-45-27-01-000-0410 114 N Federal Hwy, Boynton Beach Page 312 of 895 Ocean One Property #2: 08-43-45-27-02-000-0010 222 N Federal Hwy, Boynton Beach Page 313 of 895 6. M. Consent Agenda 11/16/2021 Requested Action by Commission: Proposed Resolution No. R21-160 - Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 50th Annual Holiday Parade on Saturday, December 4, 2021. Explanation of Request: As in previous years, the City is requesting use of the parking lots on the property of Journey Church (715 S. Federal Highway) during the 50th Annual Holiday Parade. How will this affect city programs or services? Utilizing this lot will provide an additional parking option for spectators in Downtown Boynton. Fiscal Impact: There is no cost related to the temporary use of the Journey Church property on Saturday, December 4, 2021. Alternatives: Not approve the land use agreement between the City of Boynton Beach and Journey Church for property (parking) use on Saturday, December 4, 2021 for the City's 50th Annual Holiday Parade. Strategic Plan: Culturally Distinct Downtown, Transportation and Mobility Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Jounol�u�ipl:ii in Cl a ir�llh f , Ii�escllu.utliou�n ung .....�- in ..nn; Agreement with ,y k oi�. D Agreement 1.....am.-I i..tse Agireernerfl... Journey CI[ajiirclh Page 314 of 895 1 RESOLUTION NO. R21- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LAND USE 6 AGREEMENT WITH JOURNEY COMMUNITY CHURCH, INC., FOR THE 7 SOT"ANNUAL HOLIDAY PARADE TO BE HELD SATURDAY, DECEMBER 8 4, 2021; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City plans to use the Journey Community Church, Inc., property as a 12 public parking option during the 50th Annual Holiday Parade on December 4, 2021; and 13 WHEREAS, parking is limited and this site will provide an alternative for public parking 14 during the event; and 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16 recommendation of staff, deems it to be in the best interests of the City residents to approve 17 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach 18 and Journey Community Church, Inc., for the 50th Annual Holiday Parade to be held December 19 4, 2021. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission hereby approves and authorizes the Mayor to 26 sign a Land Use Agreement between the City of Boynton Beach and Journey Community 27 Church, Inc., for the 50th Annual Holiday Parade to be held December 4, 2021. A copy of the S:\CA\RESO\Agreements\Land Use Agreement with Joumey Church for Holiday Parade 2021 - Reso.docx Page 315 of 895 28 Agreement is attached hereto as Exhibit "A." 29 Section 3. This Resolution shall become effective immediately upon passage. 30 PASSED AND ADOPTED this 16th day of November, 2021. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ATTEST: 47 48 49 50 Crystal Gibson, MMC 51 City Clerk 52 53 54 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga VOTE S:\CA\RESO\Agreements\Land Use Agreement with Joumey Church for Holiday Parade 2021 - Reso.docx YES NO Page 316 of 895 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this_ day of , 2021, by and between the City of Boynton Beach ("City") and Journey Community Church Inc., its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 715 S. Federal Hwy, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-28-00-000-5030), (the "Property"); and WHEREAS, the City desires to use the parking lots located on the Property for parking for an event taking place on December 4, 2021 (the "Event"); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW, THEREFORE, for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: Foregoing Whereas clauses are incorporated as if fully set forth herein. Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. The City shall be responsible for any injuries to its employees, agents, contractors, guests, invitees, and third parties occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; c. The City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event. d. The City shall also be responsible for its own negligence. e. To the extent permitted by law, and subject to the limitations of section 768.28. Florida Statutes, the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's own negligence or City's own activities on the Property specific in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. Page 1 of 4 Page 317 of 895 5. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 6. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the parties to be bound thereby. 7. This Agreement shall expire on midnight on December 4, 2021. 8. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 9. By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. Page 2 of 4 Page 318 of 895 ATTEST: Crystal Gibson, MMC City Clerk (SEAL) Approved as to form: James A. Cherof, City Attorney ATTEST: (SEAL) STATE OF FLORIDA COUNTY OF CITY OF BOYNTON BEACH By: Print Name: Title: JOURNEY COMMUNITY CHURCH, INC. By: Print Name: Title: The foregoing instrument was acknowledged before me by means of [_] physical presence or [_] online notarization this _ day of , 2021, by as for Journey Community Church, Inc. (NOTARY SEAL) (Name of Notary Typed, Printed, or Stamped) Personally Known Type of Identification Produced OR Produced Identification Page 3 of 4 Page 319 of 895 Exhibit "A" 1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time on December 4, 2021. 2. In addition to the date listed above, the City may access the Property to perform site preparation (such as light tower placement) before the Event. This access may occur anytime between December 2 and December 2, 2021, and may occur over multiple days. a. The City will provide 24 hours' notice to Owner prior to entering the Property, and will only perform site preparation activities between the hours of 8:30 a.m. and 5:30 p.m. 3. The City may install removable event parking and parking signs on the Property for the Event. Page 4 of 4 Page 320 of 895 Journey Church Parcel Number: 08-43-45-28-00-000- 5030 Page 321 of 895 6. N. Consent Agenda 11/16/2021 Requested Action by Commission: Proposed Resolution No. R21-161 - Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and SunTrust Bank for the 50th Annual Holiday Parade on Saturday, December4, 2021. Explanation of Request: As in previous years, the City is requesting use of the parking lots on the property of SunTrust Bank (315 S. Federal Highway) during the 50th Annual Holiday Parade. How will this affect city programs or services? This lot will provide an additional parking option to accommodate parade spectators. Fiscal Impact: There is no cost related to the temporary use of the SunTrust Bank property on Saturday, December4, 2021. Alternatives: Not approve the land use agreement between the City of Boynton Beach and SunTrust Bank for property (parking) use on Saturday, December 4, 2021 for the City's 50th Annual Holiday Parade. Strategic Plan: Culturally Distinct Downtown, Transportation and Mobility Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description 1::Resollu.aitioirn ap�nlp�ro , Ii�esollu.ntliou�n u'ng .....�-�ii�n. . w:.nnn, giraFn:,meirni: with Sun Trust IBaiiilk for II....IlolllidayIPa Trade parking D Agreement 1.....aim.-I i..tse Agiiµn eimeirfl.... Su.rirn firu.nsl Page 322 of 895 1 RESOLUTION NO. R21- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A LAND USE 6 AGREEMENT WITH SUNTRUST BANK, FOR THE SOT" ANNUAL 7 HOLIDAY PARADE TO BE HELD SATURDAY, DECEMBER 4,2021; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City plans to use the SunTrust Bank, property as a public parking 12 option during the 50th Annual Holiday Parade on December 4, 2021; and 13 WHEREAS, parking is limited and this site will provide an alternative for public parking 14 during the event; and 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 16 recommendation of staff, deems it to be in the best interests of the City residents to approve 17 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach 18 and SunTrust Bank, for the 50th Annual Holiday Parade to be held December 4, 2021. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 20 BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission hereby approves and authorizes the Mayor to 25 sign a Land Use Agreement between the City of Boynton Beach and SunTrust Bank, for the 26 50th Annual Holiday Parade to be held December 4, 2021. A copy of the Agreement is 27 attached hereto as Exhibit "A." S:\CA\RESO\Agreements\Land Use Agreement with SunTrust Bank for Holiday Parade 2021 - Reso.doex Page 323 of 895 28 Section 3. This Resolution shall become effective immediately upon passage. 29 PASSED AND ADOPTED this 16th day of November, 2021. 30 CITY OF BOYNTON BEACH, FLORIDA 31 32 YES NO 33 34 Mayor — Steven B. Grant 35 36 Vice Mayor —Woodrow L. Hay 37 38 Commissioner —Justin Katz 39 40 Commissioner —Christina L. Romelus 41 42 Commissioner — Ty Penserga 43 44 VOTE 45 ATTEST: 46 47 48 49 Crystal Gibson, MMC 50 City Clerk 51 52 53 (Corporate Seal) S:\CA\RESO\Agreements\Land Use Agreement with SunTrust Bank for Holiday Parade 2021 - Reso.doex Page 324 of 895 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this_ day of , 2021, by and between the City of Boynton Beach ("City") and SunTrust Bank, its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 315 S. Federal Hwy, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-28-07-001-0010), (the "Property"); and WHEREAS, the City desires to use the parking lots located on the Property for parking for an event taking place on December 4, 2021 (the "Event"); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW, THEREFORE, for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: Foregoing Whereas clauses are incorporated as if fully set forth herein. Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. The City shall be responsible for any injuries to its employees, agents, contractors, guests, invitees, and third parties occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; c. The City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event. d. The City shall also be responsible for its own negligence. e. To the extent permitted by law, and subject to the limitations of section 768.28. Florida Statutes, the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's own negligence or City's own activities on the Property specific in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. Page 1 of 4 Page 325 of 895 5. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 6. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the parties to be bound thereby. 7. This Agreement shall expire on midnight on December 4, 2021. 8. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 9. By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. Page 2 of 4 Page 326 of 895 ATTEST: Crystal Gibson, MMC City Clerk (SEAL) Approved as to form: James A. Cherof, City Attorney ATTEST: (SEAL) STATE OF FLORIDA COUNTY OF CITY OF BOYNTON BEACH By: Print Name: Title: JOURNEY COMMUNITY CHURCH, INC. By: Print Name: Title: The foregoing instrument was acknowledged before me by means of [_] physical presence or [_] online notarization this _ day of , 2021, by as for Journey Community Church, Inc. (NOTARY SEAL) (Name of Notary Typed, Printed, or Stamped) Personally Known Type of Identification Produced OR Produced Identification Page 3 of 4 Page 327 of 895 Exhibit "A" 1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time on December 4, 2021. 2. In addition to the date listed above, the City may access the Property to perform site preparation (such as light tower placement) before the Event. This access may occur anytime between December 2 and December 4, 2021, and may occur over multiple days. a. The City will provide 24 hours' notice to Owner prior to entering the Property, and will only perform site preparation activities between the hours of 8:30 a.m. and 5:30 p.m. 3. The City may install removable event parking and parking signs on the Property for the Event. Page 4 of 4 Page 328 of 895 SunTrust Bank Parcel Number: 08-43-45-28-07-001-0010 Page 329 of 895 Consent Agenda 11/16/2021 Requested Action by Commission: Approve the Vehicles/Equipment submitted by Public Works/Fleet Maintenance for disposal using various means such as JJ Kane on-line auction and GovDeals.com. Explanation of Request: Fleet Maintenance is submitting thirty three (33) items to be disposed at auction utilizing various means. These proceeds will generate revenue for the Fleet Maintenance Fund. Fleet Maintenance has verified that the vehicles are no longer of use and has completed all proper documentation for disposal. Public Works/ Fleet Maintenance requests Commission's review, evaluation and approval to sell the surplus vehicles/equipment. How will this affect city programs or services? The disposal of obsolete, damaged and surplus vehicles/equipment will remove the need to store the items, and allow the Finance Department to remove the items from the City's fixed asset records. Fiscal Impact: The revenue generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund, and credited to the account# 501-0000-365.01-00. The funds are use for the future procurement of vehicles/equipment. Alternatives: To hold public auction with staff which has been done in the past, but after expenses, it was not in the best interest of the City. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Page 330 of 895 Ty pe mm Description Vd'iidle Nowirnb(air 2021 Spireaddheet. �pdf Page 331 of 895 o o c c o c 8 8 8 8 8 0 0 0 0 0 8 8 8 8 ua I ' � ri n N co m b m 0 o ri gm 0 ., �. Ln ro n � .r cr LA z o 0o rri , +If * Ln ry eY Iri, rV m q: �� r, �F ca co r. r� eq CJ co r: m Ci � � tc+ r` rr ri ri c Ci rV w m m cr m i* N tti N rr r1 rl rV rr L„ J r1 r♦ i ri N ; m N '. .a .-r N : m m m m N i7} iA iA 44' if•'. iA iJL Q'. 4^ i!!'.. Qry. iA 4A iA m w Y C m O O u " O O C O m' m C m C mm C C m C m C mm C C O m m C m C m C m _� C m C m m C G m m G m C mm S✓ G ro O Y Y u u Y u Y u Y u Y u Y uu Y Y u Y Y u u Y u Y u Y u O Y u Y u Y u Y Y u ur Y u iir w a a w' -x a w w a w w a w a a a a w w w w w a a w CL CL I m Ca. a1. CL 01, a �. CL c r L " a Q, OL r%" c7. x x x x x x x x x x x x, x x x x x x x x x i x x w W w a a w w w w w 40-j a .(-U a w w w a a w w w 0): w a w w O w w w w w 141' w w 141' w w a a w w w a 10- a ru - -W — + + 40-) — ,� '' r + + � +� � 4 ruin a.+ w w Y a a w Y w w +1 w w Y .w w a w a w t c a Y w w a w �. w N a w . w LL z z z x a 42 w m .I m Ln aw a) tU a Ln Ch tr to r� a) N all$ LA Ln w Ln o r♦ C+ o 0 rr ra ra 0 -4 .-L C7 0 ,-L 14 0 0 O .-i ra ri ra ra ra cn 0 0 o a 0 a CD o o 0 0 o o a o C7 a0 0 Co o C1 0 o 0 I_qCy N N N N N I N N N N N N N N N Y 7�K ry `O a x x x w YO o o 0 Z I- m O rr' cr d' u CL O ',. CL pal, w IV 0. Qj mcu a w u_ a) O CL V L L V ar aJ > Q m O @ L 0 � 5 rn � O Lis cn ra C �.J e[ = m y m LL ° o LL w o > � LL i- w "far Co a O 0 V C 11 cc U m m aco v m o - 2 -O `S a a a a `o L `- oL } v � �+ > `p w u c� u u Lr) Ln `�' LL {"') +' w LL .O w W W W 'O > LL- 'C O O O O U is w LO Q9 L = u iwJ 0. tL d. 0 C. lJ N d d ',, p b LL U 0 -0 '- "O LO ll LL LL Ij LL LL 'O 0 0 I LL t0O IO LL O LL, N 0 m Ln O N rt tD 1.4 Ln Ln N .4 m CA 0 n ri N .. �0c,}}� aXY '''. CO Ln a7G U' 4Ct Ln 0K7 W CC1 ttP7 ... w U) LA0) Ci 0 0 H 14 0 0) ra 0 H d' rl 11 rr ;.D 0 r� Ln 00 H N w +7 ', 'Cr Ln "cT Ln Ln Ln 0 w '... r♦ - N N N m m m m m m 't ; d 4t d st tt 0 rn n w 4 m w rn � N m r`n. � 0) Ln m w ttD 00 0 N N ,'''# O Ln Cn ail$ m Ch N r{ 0 Ln Cri C7 Ln 0)Ln tt P, 00 N '-a r.,, N m m Ln Ln rl Ln m 'd' HH 0) w to 0y Ln 0 to m ri ',, C[ r4 ',, m r4 `-' U U N I�t a `q < N rf U H H ra Cy .-r x N " r- 1-4N 0 m, `o � r q oo m D Y Q m r� -I oc 0 p 0 0 t:1 0) Ci Ln Cil a ) (,f W LL. LL 0) co ca Cil }. W W � r- "" cn U W LL LL LL �r m tD 0 r-1 041 Cri +q' N LL N 00 _ W N W 7>C W +� t`. r„ U (.� W al' LC r, LL 0 N LLn Z p ujm cc 'Q m !hG Y �C ji H LL Ln 00 a O ty N Ln Cr 00 `-I N d N QCm. ."a co m U 5G N N N N yZ U( Q �') CU7 acio G G '.,. 17L.l. Iar-�-1 Q (r�" Q Q Q LLL ,i .LL -1 tdL ri H'�, H',, rf Ln LL ri 4 N ; ri H rLLf ri N M' rl A m"""""""",. a w w = = = `o C Gl Lr^ L LA U. u 0 0 a +� a o C. a C. o O. it a CL cr 0. ar p p . A Ln Ln LO rn Oo 4- 0 M M M a) c� 0 1 .. ..... . .......... . . . .... . .... . ..... r _N , —1s; —M . • .__. _00 a N N N le (N Rt ti at rq Olt co z �° i 14 14 . in (U c C 0 w Qj c 0. v a) m v� CL W u vv, 14— ao as _ _ cu CL x cu �, LD w o r. a Cr a Cr (7) o0 ' ut o V) 0 N N ''.... N N N N'.. N N L O O N ,y...,, E ` _ ro tLV C O E Q +w N OJ O 'O 7.. {J a ISL ss LL Q3 6„1 C I— LD w r, ID cl' r- M O J''.... C)'' Vrl t�' rn 1-1 Lrs U tr3'...... n cP d' cP 0 ' Ln w 00 00 00 L/1 M Ln O LA 0�0 � N t-1 cn 0 r, 00 00 1,114 1-1 M m cry Y c`7 mrrG R (^ Q X c rn h he p 'A M UJ m Ch m 00 CL Q a Q O Z �a chi u w m �' CO z 4 a 0 CL a :' CL ZL LO rn Oo 4- 0 M M M a) c� Consent Agenda 11/16/2021 Requested Action by Commission: Approve the purchase of three (3) replacement vehicles that were approved in the FY21-22 budget for an estimated amount of $95,921.00 by utilizing the Florida Sheriffs Association, contract FSA20-VEL28.0. The Florida Sheriffs contract meets the City's procurement requirements. Explanation of Request: Attached is a spreadsheet indicating vendor, number of units ordered, user department, bid/contract information and cost. FSA20-VEL28.0 (Effective May 1, 2020— March 31, 2023) The Fleet Maintenance Division intends to award Duval Ford for one (1) Ford F-150 Crew Cab for Police in the amount of $30,954.00, one (1) Ford F-250 Crew Cab 4X4 for Police in the amount of $34,140.00, and one (1) Ford F-250 pick-up for PW/Parks in the amount of $30,827.00. These units utilize the FSA20-VEL28.0 contract. How will this affect city programs or services? These vehicles will be used throughout the City to provide services to the community. Fiscal Impact: The Total amount of $613,472.00 was approved in the FY 21-22 budget which includes this purchase of $95,921.00. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Page 334 of 895 Vendor Name: Duval Ford Start Date: 10/1/2021 End Date: 9/30/2022 Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Ty pe D Ottieir D Cointract Description V(,;,4'ik,.Ie IP,.jirclhases 1:::::Y211...22 SpireadslIi(,;,,et,.pdf Florida Sheii-�iffs Cointract IFSA20 VE1I 28. 0 V61'iicles I isted#11.pdf Page 335 of 895 N N d N IL N 0 N W V Q) N d N _N U i iLt FM rn 00 4- 0 M M 10121121, 9:52 AM The Florida Sheriffs Association REGISTER NOW FOR THE 2021 EXECUTIVE LEADERSHIP x rnmrrPrMVF Am nrl r rYWIRITinm f (https://www.facebook.com/floridasheriffsassociationC V (https://twitter.com/FLSheriffs) FLORIDA SHERIFFS ASSOCAATION (https://www.fisheriffs.orgl Become a Member (https:Hmembership.flsheriffs.org/Membership-LP.htmI#Choose) Sheriffs Programs Join Today (https://membership.flsheriffs.org/Membership-LP.html) Renew Membership (https://membership.flsheriffs.org/Membership-LP..html#Choose) c Back to Main Purchasing Page (https://www.flsheriffs.org/law-enforcement- prog ra ms/coop erative-pu rch asi ng- pro g ram) FSA20-VEL28.0 PURSUIT, ADMINISTRATIVE, AND OBER VEHICLES LA v https://www.fisheriffs.org/law-enforcement-programstpurchasing/fsa20vef28 Page 337 of 8@5 10/21/21, 9:52 AM The Florida Sheriffs Association REGISTER NOW FOR THE 2021 EXECUTIVE LEADERSHIP X n In r, , s��n :T aeo -1, orlS a�Vlipgt. m W e gi agencies tram otner states nave usea trie contracts it their governing purchases ordinance allows. For details of the products and services available, use the links located below that match the commodity you are seeking to purchase. The bid links will take you to pages that are solely dedicated to the bid award for particular commodities. Follow the purchasing instructions and remember to send CPP a copy of your purchase order. Continue to scroll the bottom of the page to find links to all the bid supporting bid documents. The bid awards and schedules are supported by a dedicated FSA staff with the assistance of our Advisory Board(s). We are available Monday through Friday to answer any questions or assist you in your purchasing transactions. Before you make a purchase, we encourage you to read the terms and conditions associated with each commodity. There are certain requirements for manufacturers, vendors, and the end user that you should be familiar with prior to and after the initial acquisition. These terms and conditions are written based on best practices to simplify the process for the buyer and the seller. Since its inception in November 1993, approximately 70,580 vehicles and equipment have been purchased through these programs, resulting in tremendous savings and workload efficiencies for participating agencies statewide. • https://www,flsheriffs.orgAaw-enforcement-programs/purchasing/fsa2Ovel28 Page 338 of 095 (XVY OF BOYNTON BEACH Bill DARTY Lawn rorbett ( bf*) 904-388-2144 (FAK) 904487.6816 (Cell) 904-568-6027 Laura.Torbett0a duvalfleet.com ft *ppn9vAi0yow**rwtdW A* vppwAnW ib quoikt AkAW pwfLORIM 8AlM7VA8WG&4770NLlGW 1019ME CONMWrF&42& M.MOAUOW Equoinaitand rnw" FMZLVNi 1&0. ffywimmAW quavOwm nWwdAV A& quamphwo wff Akft V&Vob willfbe adavd LTRIM- .3L V6 GAS ENGINE 0 SPEED AUTOMATIC TRANSMISSION PICKUP SOX OWER WINDOWS/ DOOR LOCKS rwit Lkmnflom Drmcit� XTERIOR., OXFORD WHITE 4TERIOR: GRAY VINYL -40/20140 INYL FLOOR 250# GVWR PACKAGE LECTRIC BRAKE CONTROLLER274. RAILER TOWING PACKAGE WITH 7 WAY WIRING AND 2- BALL 1 594. PRAY IN BEDLINER 594. ACK UP CAMERA AYTWE RUNNING LIGHTS 44. �ITY TAG AND TITLE 126. AG HANDLING FEE48: ETRAX LOCKING RETRACTABLE BED COVER FOR 6.5' SED A-11AR UNNING BOARDS 249. 91 ............... .. . �t,0t"A L-OUAN44T Y 4,1�1 r074C CHA$e S, 30,964,00 wic BOYNTON BEACH LT.xlsx Page 339 of 895 11/5/21.12:25 PM Bid Award Award Report Contract: FSA2O'VEL28.0.Pursuit, Administrative and Other Vehicles Group: Pickup Trucks - 4X2 171111 1111111151 pill i '1 211111111110010151 Zone Rank Vendor Price Percent: Build File OptionsFlh» VVmShern Primary B(JZARDF(]F<D $26'387.00 0.00% Build DoUQAS Alternate Duval Ford LLC $26,486.00 0.00% Build Options Alternate AJgD Jay Ford Lincoln Mercury, Inc. $27,164.00 0.00% Build Options Northern Primary Duval Ford LLC $26'381.00 0.0096 Build Options Alternate BC}ZAFlD FORD $26^397.00 0.00Y6 Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $28^950.00 0.00q6 Build Options Central Primary Prirnary BOZAF<0F(}FlD S26,387.00 0.00% Build Options Alternate Duval Ford LLC $26,454.00 0.00% Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $26.950.00 0.0096 Build Options Southern Primary B[)ZARDFORD $26.397.00 0.00% Build Options Alternate Duval Ford LLC $20.476.00 0.00% Build Options /\|tenla(e Alan Jay Ford Lincoln Mercury, Inc. $27,057.00 0,00% Build Options hftps://www.myvendorlink.com/common/awardreportzonenooptionsitem.aspx?sid=96704&in=136 Page 340 of 89�5 SPEC 136 F-150 XL Super Crew Cab FSA20-VEL28.0 DUVAL FORD Page 341 of 895 WESTERN ZONE $ 26,486.E —$7-26,38 2022MY 01C NORTHERN ZONE 1.00 2022 MY Wic CENTRAL ZONE $ 26,454.00 2022 MY wic SOU" rHfRN ZONE $ 26,476.00 2022 MY MSRP W I G-SASEX)Monf, Group and VNIVI 4012040 bench seal 101a Package: Includes Power group, cruise control and reverse 0 0 $ 919.00 $ 920.00 ................. aid. LWO Long Wheel Base 6112 ft bed 157" wheelbase. Na with Base engine0 0 1 $ 5,783.00 1 $ 6,784.00 99B -4 3.3L V6 PFDI with Auto Start -Stop Technology and Flex -Fuel S S Capability (NA 157") ... . ......... 2.7L V6 EcoBoost& with Auto Start -Stop Technology- Minimum 0 0 $ 1,194.00 $ 1,195,00 required engine on 42 with (LWB) 157*WB 995 5.OL V8 with Auto Start -Stop Technology and Flex -Fuel Capability 0 0 $ 1,994.00 $ 1,995.00 ($799 w/ (LWB) 157"wb) 998 3.5L V6 EcoBoost@with Auto Start -Stop Technology ($1399 w/ 0 0 - - ----------- $ 2,594.00 $ 2,595.00(LWB) 157'wb) 3.OL 4 Valve DOHC Power Stroke@ V6 Turbo Diesel B20 with Auto 491 Start -Stop Technology (NA 163.7" WB; reqs. Privacy glass with Rear- 0 0 $ 4,994.00 $ 4,995.00 Window Defroster (924/570) and XL Power Equipment Group (85A)) I -Late Availability. ($3799 wl (LWB) 157"wb) .... ............... XL Chrome Appearance Package (NA w13.0L V6 Power StrokeO 0 0 $ 774.00 $ 775.00 Diesel engine (991)) STX Appearance Package (NA w/3.OL V6 Power Stroke@ Diesel 61S engine (991), *3,5L PowerBoost Full Hybrid V6 Engine (99D) or 8- x 0 $ 1,779.00 $ 1,780.00 way Power Drivers Seat- Power Lumbar Driver (91 P)) 4c, CNG/Propane Gaseous Engine Prep Pack (req. 995 5.01. V8 0 0 $ 314.00 $7 315.00 engine) Call dealer for CNG / Propane quote Complete Trailer Tow Package - XL Standard & High: Pro Trailer Backup Assist is not included. Includes hardware package with 2" 534 ball, ball mount, pin and clip. Optional six way trailer plug included 0 0 1,594.00 $ 1,595.00 when specified. Note: Ordering the Trailer Tow Package does not 1$ include Trailer Tow Mirrors. Trailer Tow Mirrors are a standalone option and must be ordered separately. (Option Code: 54Y/59S) Trailer Tow Package - XL Standard & High: Pro Trailer Backup Assist is not included $3A Note: Ordering the Trailer Tow Package does not include Trailer Tow 0 0 1,089.00 $ 1,090.00 Mirrors. Trailer Tow Mirrors are a standalone option and must be ordered separately. (Option Code: 54Y/59S)mm I Class IV Trailer Hitch (incl. Smart Trailer Tow Connector, 7 -pin wiring ($ 53B harness; includes 7 -pin -to -4 -pin adapter, Class IV trailer hitch 0 0 204.00 $ 205.00 receiver) I DUVAL FORD Page 341 of 895 SPEC 136 F-150 XL Super Crew Cab FSA20-VEL28.0 IDUVALFORD Page 342 of 895 Max Trailer Tow Package (NA w/3.3L V6 (996), 2.7L GTDI (99P) engine ; req. Heavy -Duty Payload Package (627) and (LWB)) - XL 63C Standard: Pro Trailer Backup Assist is not included. Note: Ordering 0 0 $ 1,879.00 $ 1,880.00 the Max Trailer Tow Package does not include Trailer Tow Mirrors. Trailer Tow Mirrors are a standalone option and must be ordered separately. (Option Code: 54Y/59$) Ford Co-PIIot360Tm 2.0 Pre -Collision Assist with Automatic Emergency Braking (AEB)l - Pedestrian Detection - Forward Collision Warning - Dynamic Brake Support BLISO with Cross -Traffic Alert Lane -Keeping Systeml - Lane -Keeping Alert - Lane -Keeping Aid - Driver Alert 43a Rear View Cameral x 0 $ 654.00 $ 655.00 Auto High Beams1 Reverse Sensing System2 Reverse Brake Assist Post -Collision Braking Note: Rear -Window, Fixed Privacy Glass with Defroster (92415701) is required when Ford Co-Pilot360'm 2.0 is ordered; req. Mirrors (54R or 54Y) Tow Technology Package {req. Class IV Trailer Hitch (53B), Trailer 177 Tow Package (53A) or Max Trailer Tow Package (53C); req. Ford Co. X 0 $ 879.00 $ 880.00 Pilot360Tm 2.0 (43A)) Note: reqs. Mirrors 54R or 54Y Requires 101a ;622 2.7L V6 EcoBoost@) Payload Package (req. Trailer Tow Pkg. (53A) 0 O $ 749.00 $ 750.00 and (LWB)) X27 Heavy -Duty Payload Package (req. Max Trailer Tow Pkg. (53C) with 0 0 $ 1,694.00 $ 1,695.00 3.5L EcoBoos* (998) or 5.0L (995) engine and (LWB)) frOfut Interior Work Surface (NA w/Cloth 40/blank/40 Seats (SS)) O 0 $ 164.00 $ 165.00 XL3 Axle Upgrade. Electronic Locking 0 0 .--�$ 469. .00 $mm470.00 X42 642 20 six -spoke machined aluminum with Magnetic painted pockets X0 $ 999.00 $ 1,000.00 {reg. STX Appearance Pkg (61S); NA w/ 3.31- V6 (996))_ - 41H Engine Block Heater (Front License Plate Bracket (153) is required 0 0 F $ 89.00 $ 90.00 w/3.3L V6 PFDI (99B) or 5.01- V8 (995) Engine) l8B Black Platform Running Boards0 ............ .........---„----.. 0 $ 249.00 $ 250.00 01 $ 429.00 $ 430.00 63T Tailgate Step (incl. Tailgate Work Surface; NA w/Stowable Loading Ramps (90R)) �5f,6 BoxLinkTm (includes four (4) premium locking cleats) 0 0 $ 79.00 $ 80.00 Manual -folding, Power Glass Sideview Mirrors with Heat, Tum Signal, 64R/ 43A (Driver's Side) (Req. Ford Co-Pilot360Tm 2.0 (43A) @ $654; incl. X 0 $ 959.00 $ 960.00 ...-.-.-.-. interior auto -dimming rearview mirror) -........ Manual -folding, Power Glass Sideview Mirrors with Heat, Turn Signal, f 54R 1595117T (Driver's Side), High-intensity LED Security Approach Lamps, LED X O $ 1,359.00 I $ 1,360.00 Sideview mirror Spotlights and Black Skull Caps (incl. interior auto- dimming rearview mirror) (req. Tow Technology Package (17T)) IDUVALFORD Page 342 of 895 SPEC 136 F-150 XL Super Crew Cab FSA2O-VEL28.O DUVALFORD Page 343 of 895 Manual -folding, Manually Telescoping, Power Glass Trailer Tow Mirrors with Heat, Tum Signal, High -Intensity LED Security Approach Lamps, LED Sideview mirror Spotlights and Black Skull Caps (NA ,5 Y/59S with 3.3L V6 PFDI engine (99B) or 122° WB; req. XL Power 0 0 $ 569.00 $ 570.00 Equipment Group (85A) and Rear -Window, Fixed Privacy Glass with Defroster (924/57Q); req. Trailer Tow Pkg. (534), (53A) or Max Trailer 'Tow Pkg.(53C)) 9241570 Rear -Window, Fixed Privacy Glass with Defroster 0 0 $ 319.00 $ 320.00 76R Reverse Sensing System (req. Class IV Trailer Hitch (53B), Trailer 0 X $ 274.00 $ 275.00 Tow Pkg, (534), (53A) or Max Trailer Tow Pkg. (53C)) A Vinyl 40/20/40 Front -Seat (refer to Color and Trim Availability page for 0 0 $ - $ seat color selection.) Cloth 40/Console/4O Seats (Flow-through Console with steering 68W column -mounted shift; refer to Color and Trim Availability page for 0 0 $ 294.00 $ 295.00 seat color selection.) Onboard 40OW Outlet (with 40/20/40 seats, there is one outlet in the IP; 2nd outlet in the console req. 40/Console/40 seats (W); additional 471 outlet in the bed (NA wl 8' Box); reqs. Trailer Tow Pkg (53A) or Max 0 0 $ 289.00 $ 290.00 Trailer Tow Pkg (53C) and Reverse Sensing System (76R); NA w/*3.5L PowerBoost Full Hybrid V6 Engine (99D); reqs. XL Power Equipment Group (85A) on 100A) Pro Power Onboard - 2KW (NA w/3.3L V6 (99B), 3,OL Diesel (991) 472 engine, CNG/Propane Gaseous Engine Prep Pack (98G) or 163° 0 0 1 $ 994,00 $ 995.00 wheelbase; reqs. XL Power Equipment Group (85A) on 10OA) 5915 F og Lamps �linc1. in XL Chrome A pearance Pk . 86A 0 0 $ 139.00 $ 140.00 ` 47R I Front Floor Liner - Tray Style (req. Color -coordinated Carpet 0 0 $ 199.00 $ 200.00 w/Carpeted Matching Floor Mats (168)) 47W All Weather rubber mats O 0 $ 159.00 $ 160.00 168 Color -coordinated Carpet w/Carpeted Matching Floor Mats 0 0 $ 144.00 $ 145.00 Integrated Trailer Brake Controller (req. Class IV Trailer Hitch (53B) or 67T Included wftrailer Tow Pkg. (53A), Max Trailer Tow Pkg. (53C) or 0 0 $ 274.00 $ 275.00 Tow Technology Pkg. (17T)) Extended Range 36 Gallon Fuel Tank (NA 122" WB, 3.OL V6 Power 055 Stoke@ Diesel engine (991) or *3.5L PowerBoost Full Hybrid V6 0 0 $ 444.00 $ 445.00 Engine (99D)) *SYNC@ 4 with Enhanced Voice Recognition (Incl. SiriusXM@ with 3601-4) - 8" LCD Capacitive Touchscreen with Swipe Capability • Wireless Phone Connection Cloud Connected 524/582 - AppLink@ wl App Catalog 0 0 $ 324.00 $ 325.00 911 Assist@ Apple CarPlay@ and Android AutoTm Compatibility Digital Owner's Manual Conversational Voice Command Recognition Connected Navigation 153 f=ront License Plate Bracket O 0_ __011$_78i9-0-0-_ - ............�... $ 1900 Aluminum Side Mounted 48" Toolboxes 0 . , $ 790.00 DUVALFORD Page 343 of 895 SPEC 136 F-150 XL Super Crew Cab FSA20-VEL28.0 0K Premium Aluminum Crossbed Storage Toolbox (model # KS71 LP) 0 0 $ 789.04 $ 790.00 96VV Bed liner -Tough Bed@ t TOFF spray -in 0 0 $ 594.00 $ 595.00 Bedliner- Plastic drop-in (NA w/*3.5L PowerBoost Full Hybrid V6 P Engine (99D), 40OW Outlet (471) or Pro Power Onboard - 2KW (472) 0 0 $ 349.00 $ 354.00 on 5.5or 6.5' box) 90R Stowable Loading Ramps (req. BoxLink'" (55B) 0 0 $ 594.00 $ 595.00 ?, Tonneau Pickup Box Cover.- Hard Foldin 0 0 $ 994.00 $ 995.00 96T Tonneau Pickup Box Cover - Soft Folding 0 0 $ 524.00 $ 525.00 96i$ Tonneau Pickup,Box Cover -Retractable Short bedO $ 1,550.00 i $ 1,551.00 WL Tonneau Pickup Box Cover- Retractable long bed 0 0 $ 1,899.00 $ 1,900.00 91 P 8 -way Power Driver's Seat - Power Lumbar Driver (req XL Power O 0 $ 349.00 $ 350.04 Equipment Group (85A); NA w/STX Appearance Package (61S)) LED Warning Beacons by Sound Off Signal - Amber strobe color (includes center high -mounted stop light bar and two (2) roof mounted 94S beacons that provide 360 degree visibility. NA with 3.OL V6 Power 0 0 $ 599.00 $ 600.00 Stroke@ Diesel engine (991) or STX Sport Appearance Special Edition Package (66A)) LED Warning Beacons by Sound Off Signal - Red/Blue strobe color (includes center high -mounted stop light bar and two (2) roof beacons :94R that provide 360 degree visibility. req. XL SSV Package (66S); NA 0 0 $ 724.00 $ 725.40 with 3.OL V6 Power Stroke@ Diesel engine (991) or STX Sport Appearance Special Edition Package (66A)) LED Warning Becons by Sound Off Signal-Amber/White strobe color.(includes center high -mounted stop light bar and (2) roof 94W mounted beacons that provide 360 degree visibility. NA with 3.01. V6 0 0 $ 724.00 $ 725.00 Power Stroke@ Diesel engine (991) or STX Sport Appearance Special Edition Package (66A)) T7C LT265/70R17C BSW all -terrain tires (A/T) (NA with 3.OL V6 Power p $ 294.00 $ 295.00 Stroke@ Diesel engine (991) 4x4) LO BUA Back-up Alarm System (85H) Or equal. Dealer installed 0 0...- 5 124.00 $ 125.00 17C Chrome front and rear bumpers (requires Fog Lamps (595); NA 0 0 $, 174.00 $ 17.5.00 w/STX Appearance Package (61S)) - Daytime Running Lamps (DRL) (when selected with Power 942 Equipment Group (85A), the non -controllable Daytime Running 0 0 $ 44.00 $ 45.00 Lamps (DRL) (942) replace Daytime Running Lamps (DRL) (OnlOff Cluster Controllable)) 54S Cruise Control O X $ 224.00 $ 225.00 62R Manual Regen Initiation with Active Regen Inhibitor (Requires 3.OL V6 0 0 $ 279.00 $ 280.00 Power Stroke@ Diesel engine (991)) 31" Ship-thru 3rd arty bod modifier. 0 0 $ 454.00 NA S"T'1LI HT "Strearnlight Rechargeable Stinger Flashlight -,75712 O 0 $ 189.00 NA THMS500 500 Watt Inverter with Dash Switch- includes TH0002 O 0 $ 396.00 NA PPI T°tH750S -w ;750 Watt Inverter with Dash Switch- includes TH0002 0 0 $ 596.00 .......... NA TI -11000 ��-- 1000 Watt Inverter with Dash Switch a 0 $ 672.00 NA 1500 1500 Watt Inverter with Dash Switch- includes TH0002 0 0 $ 715.00 NA T'H20,00 2000 Watt Inverter with Dash Switch 0 0 $ 796.00 NA r1130100 3000 Watt Inverter with Dash Switch0 O $ 966.00 NA DLIVAL FORD Page 344 of 895 SPEC 136 F-150 XL Super Crew Cab FSA20-VEL28.0 DSI 12/120ON DSI lMpTE USB (phone OSB Android S'AFET X6430 SAFET2 "aTECH2 ECH4 TINT 1 TINT 2 Dimensions 1200 watt Pure Sine Wave Remote control for Dimensions HD Charge Wire for (phone-USBIPHONE HD Char a Wire for Android-USBANDROID Safety Kit Incl; First Aid Kit, Triangle Kit & Fire Extinguisher (Specify monting location) B500T, PET449, First Aid, Fire Extinguisher (specify moutning location) and Road LED Kit -6430, B500T, 1140-4PACK Weather Tech Laser Cut Floor Liners- 2 Piece Weather Tech Laser Cut Floor Liners- 4 Piece 1101-1041 Ven 'SNades Window Tint On Front 2 Windows Including Windshield Strip Tint All Windows 4 Door Including Windshield Strip 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 $ 1,495.00 $ 14$.00 $ 35.00 35.00 $ 276.00 $ 536.00 $ 215,00 "$ 290,DQ $ 183.00 $ 265.00 $ 385.00 KK NA NA NA NA NA NA NA Nib NA NA TINT 3 Limo Tint 4 Doors Including Windshield Strip 0 0 $ 465.00 NA i ECAL 1 Graphics- Basic Fleet Package 0 0 Call for Price NA `DECAL 2 Graphics- Customized Package With Unit numbers O O Call for Price NA Boards SCC Airles 4" Oval running baords for Extended and Crew 0 0 $ 595.00 NA Cab F150 [223044] CH Cone Holder 0 0 $ 239.00 NA CH ............ HD Folding Cone Holder 0 0 $ 376.00 NA IGLOO Igloo Cooler Mount 0 0 $ 245.00 NA COOLER Igloo Cooler 0 p $ 99.00 NA BS Bug Shield 0 0 $ 234.74 NA l,I�,E Programmed Integrated Ke Transmitter Fob og g y 0 0 $ 350.00 NA PKE Programmed Key with Pats Technology, Fleet Key 0 0 $ 225.00 NA Vane 2DU Ttwo tone for a two door truck from belt line over roof 0 0 $ 1,550.00 2Tone 4DU Two tone for a four door truck from belt line over roof 0 0 $ 7850.00 NA 2'Tone 4D Two tone for a four door truck, doors only 0 O $ 1,696.00 CABSHIELD Sterling Cab Shield with Mesh Window, Includes Black 0 0 $ 656.36 NA Pwder Coating [H950FSD] CABSHIELD Sterling Cab Shield with Mesh Window, Includes Black 0 0 $ 684.72 NA Pwder Coating and Beacon Provision [H950FSDE] CABSH IELD Sterling Cab Shield with Mesh Window, Includes Black 0 0 $ 709.72 NA L Pwder Coating and Lightbar Provision [H950FSOF) CABSHIELD Sterling Cab Shield, Aluminum [HA951FSDF] 0 0 $ 929.72 NA Back Rack Back Rack Light Duty Louvered Headache Rack- 15004, 0 0 $ 1,009.80 NA 30123 SLR Single Side Ladder Rack, Aluminum 0 0 $ 1,120.00 NA MAT RACK Material Rack, Steel 0 0 $ 2,075.00 NA :ALUM RACK Material Rack, Aluminum 0 0 $ 2,640.00 NA Nitrogen Filled Tires In Lieu Of Std. Factory Fill. Fuel NITRO Economy Saver Due To Tire Pressure Consistency, On 0 0 J$ 245.00 NA Ground DUVAL FORD Page 345 of 895 SPEC 136 F-150 XL Super Crew Cab FSA20-VEL28.0 uCat under ContinMO, $ 680.00 NA 12K Pintle 12,000 ound Pintle Ball Kit s eci 2 or 2 5/16 ball p (specify fy "" "" ) $ 285 00 NA 8K P1110 i$000 pou'It tle ,13 0� �L $: 25$ 00 , t4``sic donsole Package: 4"'Dual,66verage Halder, CC -MC -14- "-K Console Tray, 2 -DC Outlets, 1- Dual USB Port O O $ 850.12 NA Faceplate, Height Adjustable Arm Rest (SPECIFY RADIO MODEL AT THE TIME OF ORDER) 16" Wide Body Console with Open Storage on Side of CC-WBOS- Console: 4" Dual Beverage Holder, Console Tray, 2 -DC 16 -FT -K Outlets, 1- Dual USB Port Faceplate, Height Adjustable 0 0 $ 953.24 NA Arm Rest (SPECIFY RADIO MODEL AT THE TIME OF ORDER) 20" Wide Body Console with Open Storage on Side of C-WBOS- Console: 4" Dual Beverage Holder, Console Tray, 2 -DC 20 -FT -K Outlets, 1- Dual USB Port Faceplate, Height Adjustable 0 0 $ 844.94 NA Arm Rest (SPECIFY RADIO MODEL AT THE TIME OF ORDER) 16" Wide Body Console Package with Open Storage on CC-WBOS- Side of Console: 4" Dual Beverage Holder, Console 16 -FT -FB Tray, 2 -DC Outlets, 1- Dual USB Port Faceplate with 0 0 $ 1,165.93 NA Lidded File Padded Box (SPECIFY RADIO MODEL AT THE TIME OF ORDER) C'M-FIS-SA- LapTop Stand Passenger side mounted with Universal I1T Computer Tray (does not require console),(CM-F15-SA- 0 O $ 736.64 NA LT17) TROY PRODUCTS side -mount mount with rotating CM-SDMT- swing arm and deluxe theft -deterrent laptop tray for SL -KIT computer up to 15"W x 11.5"H. Includes Troy's unique O O $ 790.84 NA slide -arm feature. (CM -F1 5-SL-LT1 7) ismommmmiiiiiim ON= nommomm Procomp Nitro 2.5 inch level kit. Includes Procomp Nitro 2.5 inch level kit 18x9 Procomp wheels or equal 295/70818 Nitta Trail Grappler Tires 4 inch black oval side steps CL PRO 2.5 Speedometer Calibrator 0 0 $ 5,450.00 NA Labor & Alignment 3/36K parts & labor warranty This kit has a 2.5 inch front lift with a 1.5 inch rear block to level the truck Procomp 6 inch suspension lift. Includes Procomp 6 inch suspension lift 18x9 Procomp wheel or equal CL PRO 6 35x12.50R18 Nitto Trail Grappler Tires 0 0 $ 7,328.00 NA 4 inch black oval side steps Speedometer Calibrator Labor & Alignment 3/36K parts & labor warranty LEVEL LeveUnN11 Kit, Raises the Factory Front 2" $ 1,556.00 NA DUVAL FORD Page 346 of 895 SPEC 136 F-150 XL Super Crew Cab FSA20-VEL28.0 DUVAL FORD Page 347 of 895 KS -71 LP Low Profile HD King Size Aluminum Toolbox with L770 $ 687.00 NA Profile Locking Lid IS -71 LP UN Low Profile HD King Size Aluminum Toolbox with L$ 687.00 NA Profile Locking Lid for 5.5 foot bed UWSTB-69 Low Profile HD King Size Aluminum Cross Body Toolbox 0 0 $ 668.00 NA with Gull Wing Lids AUWTBS-36 HD Aluminum Side Mounted Toolbox 36" Long, Price per 0 0 $ 480.00 NA (side AUWTBS-48 HD Aluminum Side Mounted Toolbox 48" Long, Price per0 0 $ 480.00 NA side UWTBS-72 HD Aluminum Side Mounted Toolbox 72" Long, Price per O 0 $ 603.28 NA side 114-0-01 Weather Guard 114-0-01 Gull Wing, Aluminum, Full 0 0 $ 1,235.60 NA TPM Extra Wide QT TF TBX Tool and fuel: UTS TT101 100 Gal capacity with meter, O O $ 2,296.00 NA electncui. ` a�1 30 i4e . D�ial�9�1i,oul . r SLIDE 10+001 1000 LS Capaci caro Glide Bed Slice CC)000*5i 0 C $ 1,46+3.07 NA I SLIDE 1200 1200 LB Capacity Cargo Glide Bed Slide [CG1200*548) 0 0 $ 1,698.64 NA SLIDE 1500 1500 LB Capacity Cargo Glide Bed Slide [CG1500*548] 0 0 $ 1,762.18 NA CargoEZ 10 1000# Capacity Extendo Bed 0 0 $ 2,699.86NA ... Exteri 1500# Capacity Extendo Bed O f $ 2,810.83 NA E'TANG Extang Tri Fold Locking Bedcover, Hard 0 0 $ 1,230.30 NA TGS TP27 1300# Tommy Gate G2 60 1342 TP27 Sheet 0 O $ 3,540.00 NA Platform.[REQ (31*) Ship thru] _ TGA EA27 1300# Tommy Gate G2 60 X 27 Aluminum [REQ (31*)0 LO $ 4,050.00 NA Ship thru] TGS TP38 1300# Tommy Gate G2 60 1342 TP38 2 Piece Steel 0 0 $ 3,625.00 NA Platform [REQ (31*) Ship thru] TGA EA38 1300# Tommy Gate G260 1342 EA38 2 Piece Aluminum 0 0 $ 4,210.00 NA [REQ (31 *) Ship thru] CA, MLOC Relocate factory camera 0 0 $ 285.00 NA SACKZONE Reverse Sensing System, Dealer Installed [250-1903- 0 $ 445.00 NA 5� ARE 3t�, Shi h CH' C b high fiberglass topper with sliding side windows. 0 $ 1,902.0 ` NIA YAKI Yakima roof rack with adjustable round bars O 0 $ 515.00 NA FCHT OPT 1 Fiberglass toolbox with shelf on single side. req topper 0 0 $ 565.00- NA FCHT OPT 2 Glass side windoors flip out for easy access, req topper 0 0 $ 435.00 NA FCHT OPT 3 �...-.......... Solid painted windoors for added security. req, topper O 0 -.....-.....- $ ........................ 635.00 NA Ranch legacy series fiberglass painted bed lid, dual FBL shock, black powder coated hardware. single lock with O 0 $ 1,835.00 NA two keys ARE LSII ,A.R.E. LSII Series Tonneau Cover (5.5' to 8' Bed) 0 O $ 2,165.00 NA ARE V A.R.E. V Series Fiberglass Topper (5.5 o 8' Bed). O $ 2,299.00 NA Includes front, side, and rear windows. DUVAL FORD Page 347 of 895 SPEC 136 F-150 XL Super Crew Cab FSA20-VEL28.0 DUVAL FORD Page 348 of 895 A.R.E. DCU 23" Tall . Includes hatch rear door with T- ARE DCU lock, rear tinted window, full length tool box on each side, O O $ 3,195.00 NA and front picture window. REWfRA.X Retrax retractable bed cover O 4 $ 1,394.94 NA RLY NG- 1 , RoN;N,Lock,rotractable bed cover 0,1,4619 00NA 57-93836 Westin H"DX WrapAround Grille Guard with winch late O, 0 $ 1,343.32 NA 57-3835 Westin HDX Wrap Around Grille Guard without winch O O $ 1,227.68 NA plate 1032508,000 ;pound Warn Winch with Remote O O $ 929.47 NA • 103252 10,000 pound Warn Winch with Remote O O $ 981.93 NA it18 12,000 pound Warn winch $ 1,106m59 NA For Additional Equipment & Lighting, see Lighting erection Document. Discount applied to MSRP LEDSPOT LED Pillar Mounted Spotlight- 325PL-0002, 189, P46SLC O 0 $ 695.00 NA GOLITELED Permanent Mount Go -Light brand spot light O O $ 725.00 NA 20074GT 3RD BRAKE LIGHT SAFETY PULSE (Pulses 3rd brake SBL light (4) times upon application of brake pedal to O O $ 279.00 FNA increase driver awareness behind you when stopping) 4 Corner Flashing System (2 Surface Mounted In Grille „ LED PKG 1 2 In Tail Lights) (Specify color at time of order) O O $ 675.00 NA MCRNS*, MCRNB1, VTX609* ` LED PKG 2 16" Mini Whelen Led Century Light Bar - Amber light with O $ 495.00 NA Amber Lens- MC16PA LED PKG 3 16" Mini Whelen Led Century Light Bar - Amber light with O O $ 550.00 NA Clear- MC16PCA LED PKG 4 16" Mini Whelen Led Century Light Bar - Amber/white O O $ 550.00� NA Ii hts with Clear Lens- MC16PF LED PKG 5 23" Mini Whelen Led Century Light Bar - Amber light with O O $ 695.00 NA Amber Lens- MC23PA ICED PKG 6 23" Mini Whelen Led Century Light Bar - Amber light with $ 695.00 NA t Clear- MC23PCA LED PKG 7 23" Mini Whelen Led Century Light Bar - Amber/white O O $ 695.00 NA lights with Clear Lens- MC23PF 54" Fully Populated Whelen Justice Light Bar, 6 -Switch LED PKG 8 Controller & 4 Corner Flashing System With Mounting O O $ 3,002.00 NA Hardware (Specify color at time of order) JV2*** PCC6W, MCRNS*, MCRNB1, VfX609* ..... 54" Fully Populated Liberty 11 Light Bar, 6 -Switch LED PKG 9 Controller & 4 Corner Flashing System With Mounting O O $ 3,022.00 NA Hardware (Specify color at time of order) IW2****, ---- .. PCC6W, MCRNS*, MCRNB1, VTX609* Interior Flashing System: (2) SOLO Avengers In Headliner, (2) SOLO Avengers In Rear Deck, 4 Corner LED PKG 10 Flashing System with Single Mounted Controller (Specify O O $ 1,754.00 NA color at time of order) AVC11 *, MCRNS*, MCRNB1 *, VTX609*, DUVAL FORD Page 348 of 895 SPEC 136 F-150 XL Super Crew Cab FSA20-VEL28.0 DUVAL F©RD Page 349 of 895 Premium Interior Flashing System Front inner Edge and Rear With Take Downs Rear, Full -Width Traffic Advisor, LED PKG 11 2 -Hideaway Grille Lights, 2- Flashing Tail Lights, Siren/ O d $ 3,400.00 NA Hand -Held Controller, Speaker and Mounting Brackets For F-150 (Specify color at time of order)- IX47UFZ, TADS, MCRNS*, SA315P, HHS3200,VTX609* 54" Fully Populated Whelen Justice Light Bar, Siren/ LED PKG 12Controller, Speaker & 4 Corner Flashing System With U O $ 2,863.00 HA ,Mounting Hardware- JV2**** SA315P, MCRNS*, iVTX609* 54" Fully Populated Whelen Liberty II Light Bar, Siren/ LED PKG 13 Controller, Speaker & 4 Corner Flashing System With d p $ 3,350.00 NA Mounting Hardware- IW2**** SA315P, MCRNS*, VTX609* Extended Service Plan Base Care, Zero Deductible. Five B575 Year, 75000 Mile. Call Dealer for plan specifics and 0 0 $ 1,770.00 $ 1,770.00 optional Terms. Price Guide JAN 2021 ... Extended Service Plan Base Care, Zero Deductible. Five X5100 Year, 100000 Mile. Call Dealer for plan specifics and d 4 $ 2,325.00 $ 2,325.00 optional Terms. Price Guide JAN 2021 Extended Service Plan Extra Care, Zero Deductible. Five E575 Year, 75000 Mile. Call Dealer for plan specifics and 0 D $ 1,960.00 $ 1,960.00 optional Terms. Price Guide JAN 2021 Service Plan Extra Care, Zero Deductible. Five E5100 ,Extended Year, 100000 Mile. Call Dealer for plan specifics and 0 0 $ 2,715.00 1$ 2,715.00 optional Terms. Price Guide JAN 2021 Extended Service Plan Premium Care, Zero Deductible. P575 Five Year, 75000 Mile. Call Dealer for plan specifics and 0 0 $ 2,625.00 $ 2,625.00 optional Terms. Pace Guide JAN 2021 ;Extended Service Plan Premium Care, Zero Deductible, 7P6100 Five Year, 100000 Mile. Call Dealer for plan specifics 0 0 $ 3,520.00 $ 3,520.00 and optional Terms. Price Guide JAN 2021 1185 J, a - Out of Zone purchase and Delivery. Does not include 186 11 1ZN unique shipping circumstances when final product G C7, $ 446.00 NA demands shipping outside the state of Florida. Note: Emmissions codes for specific region. Tag and Title processing and handling fee. Tags are processed at the local tag office and physically picked up 187TT0 for client and affixed to vehicle prior to deliver. Cost 0 Q $ 48.00 NA includes electronic administrative fee, manual processing courier, and Fedex related expense. TMP 330 Doay Florida Temporary Tag. Requires (TT©) Tag/Title C.... d $ 7.00 NA O Transfer Tag Charge: (Florida only) Please send scan of TX agency registration with tag ID clearly indicated. U U $ 90.00 NA Requires (TT4) Tag/Title Option, includes (TMP) .... New Tag Charge (Florida only) Requires (TTO) Tag/Title TAG option. Specify City, State, or Sheriffs Tag. Includes 0 0 $ 125.00 NA (TMP) DUVAL F©RD Page 349 of 895 Z2- BOYNTON BEACH Let" lbvbett ~) 904-3884144 (fax) 904-M7-6816 tCo#) 904-468-W27 Laura-Torbett0dwalfleetcom W*4vPr*0Al&Y0w*AwwtAwd Mw opp&*Aw* lb quo& Pj**WPWRAWM4~lff$ASVOMAIMA(LieHrMW#CWCONra4erF"20- lfywlmwaw guamxw Appanow ftb quaftPA"m VAN Atft (L TRIM 3,21- V8 GAS ENGINE 10 SPEED AUTOMATIC TRANSMISSION P 60X,176" WHEELBASE JMITED SLIP DIFFERENTIAL 'OWER WINDOWS/ DOOR LOCKS wu $ 'rent License Bracket . . . ........................ WERIOR: OXFORD WHITE . .... . ........................ NTERIOR. GRAY VINYL- 40/20/40 tINYL FLOOR 0000# GVWR PACKAGE A 'PARE TIRE AND WHEEL . $ .............. tEMOTE KEY 3�06 1ECTRIC BRAKE CONTROLLER 4 M9 I 'RAILER TOWING PACKAGE WITH 7 WAY WIRING AND 2- FIXED PINTLE SALL COMBO 'PRAY IN BEDLINER IANUAL TRAILER TOW MIRRORS j IACK UP CAMERA L — - - ------- - lAYTtME RUNNING LIGHTS 44.( MNNING BOARDS 3TY TAG AND TITLE 'AG HANDLING FEE 48.( "7 .......... — -/ . . ... ....... N ..... . . . M*l BOYNTON BEACH LT.xlsx Page 350 of 895 11/5121, 12:27 PM Bid Award Award Report Contract: FSA20-VEL28.0, Pursuit, Administrative and Other Vehicles Group: Pickup Trucks - 4X4 Item., 211, Ford, F-250 XL Super Duty Crew Cab 4x4, W213 Zone Rank Vendor Price Percent: Build File Options File Western Primary BOZARD FORD $30,400,00 0,00% Build Options Alternate Duval Ford LLC $30,665,00 0.00% Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $32,402.00 0.00% Build Options Northern Primary BOZARD FORD $30,400.00 0.00% Build Options Alternate Duval Ford LLC $30,499.00 0.00% Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $32,183.00 0.00% Build Options Central Primary Duval Ford LLC $30,499.00 0.00% Build Options Alternate BOZARD FORD $30,590.00 0.00% Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $32,183.00 0.00% Build Options Southern Primary BOZARD FORD $30,615.00 0.00% Build Options Alternate Duval Ford LLC $30,821.00 0.00% Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $32,293.00 0.00% Build Options https://www.myvendorlink.com/common/awardreportzonenooptionsitem.aspx?sid=96704&in=211 Page 351 of 8A5 SPEC 211 F-250 XL Super Duty Crew Cab 44 [W2B] FSA20-VEL28.0 A VALUE PACKAGE (96V) Availability: * Optional on XL Not available with: * STX Appearance Package (17S) 96V Includes: Bright chrome hub covers and center ornaments (SRW Only) Chrome front and rear step bumper Cruise Control (steering wheel -mounted) NOTE: Does not include rear bumper when ordered w/66D Pickup Box Delete Page 352 of 895 I .. -_ . —"" I X 11 S W2B NORTHERN ZONE F_ $ 30,499.00 W2B ' CENTRAL ZONE 30,499.00' W2B SOUTHERN ZONE !�;' IIIIII!j 11111iiii 11; $ 30,821,00 0 W2B XL Grew Cab 4X4 — 6'/.' BolIx, (Base Spec) I I 7 0 BASESPEC LWB Crew Cab 04 — 8' Box 0 0 $ 1,286.00 $ W2FX_LT ZT Upgrade package Crew Ulb 4X4 — 63/4'Box 07, $ 5,150.00 $ A VALUE PACKAGE (96V) Availability: * Optional on XL Not available with: * STX Appearance Package (17S) 96V Includes: Bright chrome hub covers and center ornaments (SRW Only) Chrome front and rear step bumper Cruise Control (steering wheel -mounted) NOTE: Does not include rear bumper when ordered w/66D Pickup Box Delete Page 352 of 895 996/44S 6.2L 2 Valve Gas SOHO EFI NA V8 (Flex Fuel)/TorqShift@-G Six - �Speed S S Automatic w1SelectShift@ Automatic 7.3L 2V DEVCT NA PFI V8 Gas(TorqShift@) Ten Speed Automatic 99N/44G with Selectable Drive Modes: Normal, Tow/Haul, Eco, Deep0 07 $ 2 2,,044044..00 00 $ 2,04&00 Sand/Snow & Slippery. For F250 6.7L 4 Valve OHV Power Stroke( V8 Turbo Diesel B20 with manual 99T/44G push-button Engine -Exhaust Braking/Torq Shift@ Ten -Speed 0 0 10,494.00 $ 10,495.00 Automatic with Selectable Drive Modes: Normal, TowlHaul, Eco, Deep Sand/Snow & Slippery DX3E Delete Electronic Rear Locking differential 0 0! ''.......... (100, Transmission Power Take -Off (req. Ten -Speed Transmission and (62R) Pto PTO provission; includes Transmission mounted live drive and stationary mode PTO, for 0 0 $ 3,529.00 $ 3,530.00 tige M hyraufic op loos excluding eltcti1e, over hydraulk", . .. .... ...... .. . . .. mum 1.33 TD8 LT245/75Rxl 7E BSW AIS S TBM LT245/75Rx17E BSW AIT 0 _2 $ 164.00 $ 165.00 64J 17" Forged Polished Aluminum w/Bright Hub Covers/Center Ornaments (4 $ 599A $ 600.00 aluminum outer and 2 steel inner) 64F 18' An Painted Steel w/Painted Hub Covers/Center Ornaments $ 454.00, $ 455.00 TCD LT265/70Rx17E OWL AIT 0 $ 454.00 $ 455.00 T_ TDX LT275/70Rx1 8E BSW AIT, 44 175 $ 264.00 $ 265,00 TDU LT275170Rx 1 8E OWL AfT, 44 P 17 0 $ 289.00 $ 290.00 AAA, Aft ftAL ftA A VALUE PACKAGE (96V) Availability: * Optional on XL Not available with: * STX Appearance Package (17S) 96V Includes: Bright chrome hub covers and center ornaments (SRW Only) Chrome front and rear step bumper Cruise Control (steering wheel -mounted) NOTE: Does not include rear bumper when ordered w/66D Pickup Box Delete Page 352 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 44 [W2B] FSA20-VEL28.0 STX APPEARANCE PACKAGE (17S) ,Availability: • Optional on XL Not available with: o XL Value Package (96V) Includes: • Bright Chrome Grille •I• High Airflow Grille (std w(6.7L Diesel DRW only) * Bright Hub Covers 17S a Chrome Front and Rear Step Bumpers 0 $ 1,824.00 $ 1,825.00 * Cruise Control (steering wheel -mounted) * STX Fender Vent Badge • 18' Sparkle Silver Painted Cast Aluminum Wheels (648) (F-250/ SRW) • LT275/65Rxl 8E BSW AIS (TCH) Options Available: • LT275170Rxl 8 E BSW AIT, 4x4 (TDX) • LT275/70Rx1 8E OWL AIT, 4x4 (TD U) • Floor Covering, color -coordinated full carpet with floor mats (16F) • 6" Angular Chrome step bars (NA to Regular Cab) ........ I D90L Power Equlm,ent Group Delete 0 250.0 (250.0.0 XLT VALUE PACKAGE (17V) Availability: * Optional on XLT Not available with: * XLT Premium Package (17P) Includes: 17V o Autolock/Auto unlock 0 1,479.00 1,480.00 • Fog Lamps • Power Driver's Seat (eight -way) • Rear under -seat storage (NA wl Regular Cab) • Reverse Sensing System (76R) (not included when ordered w/Pickup Box Delete (66D)) • SecuriCode'll keyless entry keypad (drivers side) DUVAL FORD Page 353 of 895 SPEC 211 F-250 XL Super duty Crew Cab 44 [W2B] FSA20-VEL28.0 XLT PREMIUM PACKAGE (17P) Availability: * Optional on XLT SuperCab and Crew Cab Not available with: * Pickup Box Delete (66D) • XLT Value Package (17V) Requires: * PowerScope@ Trailer Tow Mirrors (54F) . Fixed Rear -window w/Privacy Glass and Defrost (43B) or Power - Sliding w/Pr vary Glass and Defrost (435) Includes: • 6" Angular Chrome step bars • 18" Chrome PVD Aluminum Wheel (647) (SRW only) . LT275165Rx18E BSW AIS (TCH) (standard on SRW only) AutolocktAuto unlock 17P • Chrome exhaust tip 0 $ 2,994.00 $ 2,995.00 * Chrome tailgate handle; body -color door handles with chrome insert • Chrome tow hooks — front, two (2) * Fog Lamps . Power Driver seat w1heat (8 -Way) • Rear under -seat folding and lockable storage (less lockable j storage on Super Cab) • Passenger seat wlheat (2 -Way) * Reverse Sensing System (76R) * SecuriCodeTm keyless entry keypad (driver's side) w Unique chrome mirror caps Options Available: * Extended Running Boards, 6" Chrome Angular (18D) * LT275170Rx18E BSW A/T 44 (TDX) f* LT275170Rx18E OWL AtT 44 (TDU) FX4 OFF-ROAD PACKAGE (17X) Availability: + Optional on all 4x4 Pickups Not available with: * Pickup Box Delete (66D) j Requires: * 44 17X * All -Terrain Tires (F-250) O O $ 399.00 $ 400.00 * Electronic -locking differential on SRW * Limited -slip rear -axle DRW Includes: * Hill Descent ControlTm * Off -Road Specifically tuned front/rear shock absorbers * Transfer case and fuel tank skid plates i * Unique "FX4 Off -Road" box decal DUVAL FORD Page 354 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 44 [W2B] FSA20-VEL28.0 ,SNOW PLOW PREP PACKAGE (473) iAvailability: o Optional on all 44 Pickups Not available with: *Tremor Off -Road Package (17Y) • Heavy -Service Front Suspension Package (67H) • Heavy -Service Package for Pickup Box Delete (63R) 473 Requires: 0 0 249.00 250.00 * 44 lIncludes: * Computer selected springs for snowplow application o 200 Amp Aftemator (67D) Options Available: • 240 Amp Alternator (67E) with 6,2L Gas Engine CAMPER PACKAGE (471) Availability: o Optional on XL, XLT, Lariat and King Ranch@, Platinum (DRW) Not available with: * 20" Wheels and Tires * Pickup Box Delete (66D) *Heavy -Service Front Suspension Package (67H) *Tremor Off -Road Package (17Y) Includes: 471 o Extra heavy -service front springs (42) (2 up upgrade above the 0 0 $ 159.00 $ 160.00 spring computer selected as a consequence of options chosen. Not included if maximum springs have been computer selected as standard equipment) o Heavy -service front springs (44) (1 up upgrade above the spring computer selected as a consequence of options chosen, Not included if maximum springs have been computer selected as standard equipment) • Rear auxiliary springs (F-250 only; Std. on 350) • Rear stabilizer bar (SRW only) • Slide -in camper certification DUVAL FORD Page 355 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 44 [W21B] FSA20-VEL28.0 SNOWPLOW/CAMPER PACKAGE (47B) i Availability: • Optional on XL, XLT, Lariat, and King Ranch@ (Not available with: . 20" Wheels and Tires . Tremor Off -Road Package (17Y) • Heavy -Service Front Suspension Package (67H) • Heavy -Service Package for Pickup Box Delete (63R) . Pickup Box Delete (66D) Requires: 47B + 44 0 O $ 244.00 $ 245.00 Includes: * Computer selected springs for snowplow application • 200 Amp Alternator (67D) • Heavy-servioe front springs (44) (1 up upgrade above the spring computer selected as a consequence of options chosen. Not included if maximum springs have been computer selected as standard equipment) • Rear auxiliary springs (F-250 only, Std. on 350) . Rear stabilizer bar (SRW only) * Slide -in camper certification F-250 COMPLETE TRAILER TOW PACKAGE — HD Availability: 534 •Optional on XL, XLT, Includes trailer plug 6 or 7 way 0 O $ 1,445.00 $ 1,446.00 • Includes hardware pack: Class IV Ball Mount, 2" Ball, Sleeve reducer, pin and clip • Recommend Trailer Brake Controller (TBC) (52B) —XL SRW • Recommend Locking Differential Trailer Tow Capcity Upgrade Availability: • Optional on XL, XLT, and Lariat F-250 Not available with: • 10,000 GVWR19,900 GVWR Pkg. (68D) 535 •Pickup Box Delete (66D) O 0 $ 1,129.00 1 $ 1,130.00 Requires: • 6.7L Power Stroke® Diesel engine (99i) • Trailer Brake Controller (TBC) (528) — XL SRW includes: • Increase GCW on diesel engine from 23,500 lbs. to 30,000 lbs. • Upgraded axle DUVAL FORD Page 356 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 44 [W2B] FSA20-VEL28.0 F-250 TRAILER TOW HIGH CAPACITY WI ULTIMATE TRAILER TOW CAMERA SYSTEM PACKAGE AND PRO TRAILER BACKUP ASSIST (53Q) Availability: • Optional on F-250 Not available with: • Pickup Box Delete (66D) Requires: • 6.7L Power Stroke@ Diesel engine (99T) • Power Equipment Group (90L) – XL only STX Appearance Package (17S) – XL only • SYNC@ 3 (913) –XL only • Trailer Brake Controller (52B) – XL only 53Q Includes: O 0 $ 2,784.00 $ 2,785.00 • Lane -Keeping Alert • Trailer Tow Capcity Upgrade — Upgraded Axe — Increase GCW on diesel engine from 23,500 lbs. to 30,000 lbs. *Pro Trailer Backup Assist – std on King Ranch@, Platinum and Limited • Ultimate Trailer Tow Camera System – std on King Ranch@, Platinum and Limited — Rear View Camera — 360 Degree Camera System -- Rear CHMSL Camera Trailer Reverse Guidance — LED Center High -Mounted Stop Lamp HEAVY -SERVICE FRONT SUSPENSION PACKAGE (67H) Availability: • Optional on all Pickups Usage: • Recommended only on vehicles which will permanently utilize aftermarket equipment such as heavy-duty winches, brush guards or other apparatus which loads the front axle to the specified Gross Axle Weight. Rating (GAWR) Not available with: • Tremor {off -Road Package (17Y) 67H • Snow Plow Package (473), Camper Package (471) or Heavy- 0 0 124.00 $ 125.00 Service Package for Pickup Box Delete (63R) Includes: * Heavy -service front springs (1 up upgrade above the spring computer selected as a consequence of options chosen. Not included if maximum springs have been computer selected as standard equipment) NOTE 1: Vehicle ride height will increase wfthe addition of this package. NOTE 2: May result in deterioration of ride quality when vehicle is not equipped with front end utility attachment. DUVAL FORD Page 357 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 4x4 [W2113] FSA20-VEL28.0 DUIVALFORD Page 358 of 895 HEAVY -SERVICE PACKAGE FOR PICKUP BOX DELETE (163R) Availability: Optional on XL and XLT • F-250 SRW Not available with: o 20" Wheels and Tires, Snow Plow Prep Package (473) or Heavy - Service Front Suspension Package (67H) 63R • Moonroof (Twin Panel) (43V) 0 0 $ 124.00 $ 125.00 Requires: o Pickup Box Delete (66D) Includes: o Heavy -service front springs (200 lbs. Upgrade above the spring computer selected as a consequence of options chosen, Not included if maximum springs have been computer selected as standard equipment). • Rear stabilizer bar • Rear auxiliary springs (F-250 only; Std. on 350) Pickup Box Delete (NA FA50; NA Trailer Tow Capcity Upgrade or F-250 Trailer 66D Tow High Capacity w/ Ultimate Trailer Tow Camera System; NA w/ 7.31L Gas 0 0 (100,00) $ (100.00) Engine (99N) or Pro Trailer Backup Assist Package (53Q); req. Long Wheelbase Variants) Included when optional body is selected, 10,000/9,900 GVWR PACKAGE (68D) Availability: 0 Optional on F-250 SRW Not available with: 68D e Trailer Tow Pkg. — High Capacity (535) 0 0 $ * F-250 Trailer Tow High Capacity w/ Ultimate Trailer Tow Camera System Package and Pro Trailer Backup Assist (53Q) Includes: & 9,900 lbs. Gross Vehicle Weight Rating (F-250 SRW) 9 10,000 lbs. Gross Vehicle Weight Rating (F-350 SRW) CNG/Propane GASEOUS ENGINE PREP PACKAGE (98F) Availability: o Optional on all F-250 Requires: * 6,2L Gas Engine (996) Includes: 98F0 Hardened Engine Intake Valves and Valve Seats 0 0 $ 314.00 $ 315,00 lo Bi -Fuel manifold NOTE: This package does not include CNG/Propane fuel tanks, lines, etc. Vehicle will be equipped w/the standard factory �gasoline fuel system. Additional equipment combined w]Certlfied calibration reflash is required, from an external upfitter, to convert the vehicle to a CNG/Propane fueled vehicle. 41P Skid Plates —Transfer Case and Fuel Tank (44 only) (incl. in FX4 Off -Road Pkg, 0 0 $ 99.00 $ 100.00 (17X) and Tremor Off -Road Pkg (17Y)) 41H Engine Block Heater O o Ts 99.66 $ 160.66 DUIVALFORD Page 358 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 4A [W213] FSA20-VEL28.4 DUVAL FORD Page 359 of 895 Transmission Power Take -Off Provision (req. Ten -Speed Transmission; includes 62R Transmission mounted live drive and stationary mode PTO; NA4x2142" WB; NA F. 0 0T$ 279.00 $ 280.00 450142" WB; 6,21. engine req. 4.30 Final Drive Ratio) 86A En2ine Idle Shutdown - 5 minute 0 0 $ 249.00. 1 $ 250.00 8613 Engine Idle Shutdown -10 minute 0 0 $ 249.00 $ 250.00 C En, ine Idle Shutdown -15 minute 0 0 $ 249.00 250.00 86D Engine Idle Shutdown 7 20 minute0 0 $ 249.00 $ 250.00 98R . ........... . . . . . . . ................................ . ... ... .............. . . . . . ...................... . ........ .. .. �5�5�1��5�mfflmr�rmlm peratne)or Commanded Regeneration (OCR) (req. 6.71. Power StrokeO Diesel 0 0 $ 249.00 $ 250.00 engi 86M Dual Battery (Dual 78 AH; req. 6.2L or 7.3L. Gas engine; reqs. 397 Amp Alternator 0 0 209.00 $ 210.00 (67B) when 7.31. engine (99N) is ordered) . ........ .. ... ............. BoxLinkTm (includes four (4) premium locking cleats; includes Interface Brackets on 66B �XL; Brackets are std when spray,.! n-bedliner (85S) is ordered on XL; feature is 0 S 74,00 $ 75.00 removed when Pickup Box Delete (66D) is ordered on XLT) Audible Lane Departure Warning (req. 66D Pickup Box Delete and Pre -Collision 60C Assist with Automatic Emergency Braking (AEB), Automatic High Beam and 0 0 $ 114.00 $ 115.00 Forward Collision Warning (94P) on XL; NA w/F-450) BLISO (Blind Spot Information System) with Cross -traffic Alert and Trailer Tow 60B (BLISO sensor in taillamp) (Reqs. Power Equipment Group (90L) on XL; N/A with 0 S $ 539.00 $ 540.00 Pickup Box Delete (66D) 12,000 lb. Ford Performance Parts winch by Warn (Incl. wireless and wired remote 15W controls; 70 -foot high -tensile strength, abrasion -resistant synthetic line; 7.3L Gas 0 0 $ 2,999.00 $ 3,000.00 engine (99N) requires Dual Battery (86M); 6.7L Power Stroke@ Diesel engine (99T) requires 397 Amp Alternator (6713)) , Requires Grill Guard Power -Adjustable Pedals 0 $ 119.00 $ ... 120.00. 94P Pre -Collision Assist with Automatic Emergency Braking (AEB), Automatic High 0 S $ 114.00 $ 115.00 Beam and Forward Collision Warning 67E 1240 Amp Alternator (req. 6.21. engine; 240 Amp; required w/Snow Plow Pkg. (473), 0 0 $ 84.00 $ 85.00 Upfitter Switches (66S) and 11 OV/400W Outlet (43C) is ordered together) 67B 397 Amp Alternator (req. Dual Battery (86M) on 7.3L Gas engine (99N) only; NA 0 0 $ 114.00 $ 115.00 w/6.2L Gas engine (996); required w/41 A Rapid -Heat Supplemental Heater) 54K Manually Telescoping, Folding Trailer Tow Mirrors with Power/Heated Glass, S Heated Convex Spotter Mirror, Integrated Clearance Lamps/Turn Signals ......... . Power -folding with Autofold, PowerScope@ Telescoping, Power Glass Trailer Tow 54F Mirrors with Heat, Turn Signal, High-intensity LED Security Approach Lamps, Utility 0 1$ 279.00 $ 280.00 Lighting System(LED Side -mirror Spotlights) ---LED Box Lighting (Incl. LED Center High -Mounted Stop Lamp (CHMSL); NA 66D 0 0 $ 59.00 $ 60.00 Pickup Box Delete) Trailer Brake Controller (TBC) (Verified to be compatible w/select electric over 52B raulic brakes; 7 & 4 -way combo trailer tow socket and bracket deleted w/66D 0 S $ 269.00 $ 270.00 _hh,yd Pickup ickup Box Delete; includes Smart Trailer Tow Connector) DUVAL FORD Page 359 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 44 [W213] FSA20-VEL28.0 DUVAL FORD Page 360 of 895 . ....................... "5TH WHEEL/GOOSENECK HITCH PREP PACKAGE (53W) • Five (5) pickup bed attachment points w/plugs • One (1) frame under -bed cross member • One (1) integrated 7 -pin connector on drivers side pickup bed wall • The 5th Wheel/Gooseneck Prep Package (53W) is compatible w1the factory orderable 5th Wheel Hitch Kits (15K and 15L) and Dealer installed Ford Accessories 5th Wheel Hitch kit by Reese — part #BC3Z-1 9D520 -A (8 ft. box only). The prep package is also compatible w/Reese Signature Series 5th wheel hitch kits updated w/a new Leg Service Kit — Part# BC3Z-AOOA25-A (8 ft, box only) *The 5th Wheel Hitch Kit -15K, 5th Wheel Hitch Kit -15L and Dealer installed Ford Accessories 5th Wheel Hitch kit by Reese — part # BC3Z-1 9D520 -A is not released 53W to the short box (6.75 ft, box) NOTE: The short pickup box provides less clearance 0 0 $ 499.00 $ 500.00 between the cab and 5th wheel trailer compared to ""long box pickups. The receiver centerline of the hitch should be mounted at least two inches forward from the rear -axle of the truck chassis. When selecting a trailer and tow vehicle, it's critical that this combination provide clearance between the cab and tow vehicle for �turns up to and including 90 degrees. Failure to follow this recommendation could result in the trailer contacting the cab of the tow vehicle during tight turns. Gooseneck Hitch Compatibility: e The 5th Wheel/Gooseneck Prep Package (53W) is compatible only w/the factory orderable Gooseneck Hitch Kit -15J, Gooseneck Dual Hitch Kit -15E or Dealer - installed Ford Customer Accessories Gooseneck hitch by Reese — part # BC3Z- 19F503-A (8 ft. box and 6.75 ft. box)" 18B ---------- Platform,'11, 111111' 11' 22 Boards 0 S10 444,00 $ 445.00 Angular Chrome Step Bar XL reqs. STX Appearance Pk2, ( 1 7S)) 0 0 $ 694.00 $ 695.00 —18C -6" 18D . ......... Extended Running Board, 6"An�gular Chrome $440w.17p 0 $ 739.00 $ 740.00 Center High -mounted Stop Lamp (CHMSL) (F-350 only; CHMSL is deleted from 59H vehicles over 10,000 lbs, GVWR with 66D Pickup Box Delete; replaced with a black S/0 8/0 cover; to add CHMSL with 66D Pickup Box Delete, select 59H. CHMSL is standard I ........... under all other conditions,) REAR VIEW CAMERA AND PREP KIT (872) Availability: • Optional on XL and XLT Requires: * Pick Up Box Delete (66D) Pre-installed Content Includes: 0Cab Wiring 872 • Frame Wiring to the rear most cross member 0 0 114*11 $ 415,00 • Video Display 4" display when ordered 8" display when ordered with SYNC@ 3 Upfitters kit Includes: • Camera With mounting bracket • 14' jumper wire • Camera mounting and aiming instructions ..... . ................. . ...... . . �95_Halo en Foy Lamps (req. XL D6cor Group (17F) on XL) O 0 $ 129,00 $ 130.00 DUVAL FORD Page 360 of 895 SPEC 211 F-250 XL Super duty Crew Cab 44 [W213] FSA20-VEL28.0 DUVAL FORD Page 361 of 895 Rear CHMSL Camera (display in center stack screen; includes LED Center High - 873 mounted Stop tamp (CHMSL) with Cargo Light and Rear Video Camera; NA 0 0 $ 199.00 $ 200.00 w/Pickup Box Deleted (66D), Individual Trailer TPMS/Customer/Placed Trailer Camera (653) or Customer/Placed Trailer Camera (6513)) ULTIMATE TRAILER TOW CAMERA SYSTEM W/ PRO TRAILER BACKUP ASSIST PACKAGE (53R) Availability: • Optional on XL, XLT, and Lariat • Standard on King Ranch@, Platinum, and Limited Not available with: • Pickup Box Delete (66D) Requires: • Power Equipment Group (90L) – XL only 53R• STX Appearance Package (17S) – XL only 0 0 $ 1,654.00 $ 1,655.00 • SYNC@ 3 (913) – XL only • Trailer Brake Controller (52B) – XL only Includes: * Pro Trailer Backup Assist • Lane -Keeping Aled • Ultimate Trailer Tow Camera System — Rear View Camera — 360 Degree Camera System — Rear CHMSL Camera - Trailer Reverse Guidance — LED Center High -Mounted Stop Lamp 592 LEU Roof MarkerlClearance Lam, Std. on F-350 DRW & F-450 S/O S/O $ 94.00 $ 95.00 85G Taili ate Ste: includes ste ° and handle; NA w/66D Pickup Bax Delete) 0 O $ 374.00 $ 375.00 958 'Tough BedO (spray -in bedliner; black box tie -down 0 Iw 0 $, 594.00 $ 595.00 ..... hooks and black bed attachment bolts; 66D Pickup Box Deletate-Guard, e) --, 43BDefrost with Fixed and Privacy Glass (Privacy Glass is standard on XLT; XL req. 0 0 $ 59.00 $ 60,00 Privacy Glass (924) and Power Equipment Group (90L)) 435/924 Power -Sliding Glass with Defrost and Privacy Glass (XL req. 90L Power Equipment O LO $ 404.00 $ 405.00 Crf; P�y` Moonroof, Power (Twin Panel on Crew Cab; optional availability on XLT req. 1 P 43V XLT Premium Pkg.; includes map lights and Moonroof switches; NA w/Pickup Box 0 $ 1,494.00 $ 1,495.00 Delete (66D)) 43C 110V/400W Outlet (with 40/20/40 seats, there is one in -dash mounted outlet; 2"d O S $ 174,00 $ 175,00 outlet in the console req. 40/Console/40 seats; req. 200 Amp Alternator (67D)) 16F ....mm-. ......................... Floor Covering, color -coordinated full carpet with floor mats (reqs. STX Appearance 0 -- $ 59.00 $ 60.00 Pkg, (17S)) 16T Floor Mats, All -Weather $325 for four piece 0 0 $ 164.00 $ 165.00 166 Carpet Delete ('XLT & Lariat replaced, w/black floorin) S O $ (25.00) $ "25.00) 41A Rapid -Heat Supplemental Cab Heater (Optional in all states with 6.7L Power 0 0 $ 249.00 $ 250.00 Stroke@ Diesel engine) 76S Remote S#ark Sys#em req. 90L Power Equipment Group O O $ 249.00 $ 250.00 76R Reverse Sensing System (NA w/66D Pickup Box Delete) $245 with XL. Aftermarket O O $ 294.00 $ 295.00 for use with service body applications: $625 DUVAL FORD Page 361 of 895 SPEC 211 -250 XL Super Duty Crew Cab 44 [ 2B] ] FSA2-VEL28,0 DUVAL FORD Page 362 of 895 Enhancedf ritertainment System LCD Capacitive Touchscreen Capability f of availableVoice-Activated Touchscreen Navigation System 84 — 4.2" productivity screen in IP cluster $ 449M Off — Apple CarPlay"'I and Android Auto"' Capability Smart -Charging Bports —IncludesOV/40OW Outlete Reqs, Power Equipment Group (90L) on XL only; NA w/Rear CHMSL Camera (8 73) QRadio adds one (1) I/P mounted center speaker on XL and XLT only Voice-MtwatOd Ravigation with AD and SiriusXrYi Traffic and Travel Link@ (included „„ggyy ## Lariat Ultimate w.f Note:f prepaid subscription. pp q r tM _.,,,,,,,... 89 90 Cloth,4 i0 ! f k 91 ICloth, 40/Console/40 •�, ii DItCOR GROUP (17F) only)XL * Optional on XL (Fleet Includes: Bright f w. hub covers and center Chrome ♦bumper Does not include,. Pickup Box Delete 234,00 Daytime Running Lamps (DRL) (the non -controllable 942 Daytime Running Lamps 94, (DRL) replace the standard Daytime Running Lamps (DRL) (OnlOff Cluster $ 44.00 Controllable) (] # , peed , , f , . . . # (9q y[�i7� i 'Sp(Limitation 75 fir► �•y yit 98 99 ACCESSORIES � 1 i ♦-- Aluminum CrossbedToolbox NA w/Pickup * Delete ##M w ♦ s r Premium Aluminum dToolbox,Pickup'X Delete #k■ DUVAL FORD Page 362 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 44 [W213] FSA20-VEL28.0 65B 65A 653 52R 87H Customer -Placed Trailer Camera (req. Ultimate Trailer Tow Camera System; wlPro Trailer Backup Assist Package (53R) or F-250 Trailer Tow High Capacity w/Ultimate Trailer Tow Camera System and Pro Trailer Backup Assist Package (53% NA w/Rear CHMSL Camera (873) Individual Trailer TPMS (Includes four (4) TPMS sensors) Note: Trailer TPMS sensors only compatible on wheels with a .452' diameter valve stem Individual Trailer TPMS/Customer-Placed Trailer Camera (req. Ultimate Trailer Tow Camera System; w/Pro Trailer Backup Assist Package (53R) or F-250 Trailer Tow High Capacity wlUltimate Trailer Tow Camera System and Pro Trailer Backup Assist Package (53Q); NA w/Rear CHMSL Camera (873)) Note: Trailer TPMS sensors only compatible on wheels with a .452' diameter valve stem Stowable Loading Ramps (NA With Aluminum Toolbox (1 9J/19K); reqs. second unit body) Hood Deflector -Black Molded 0 0 0 0 0 0 0 $ 374.00 1$ 499.00 $ 724.00 $ 694.00 $ 129.00 $ 375.00 500.00 $ 725-00 $ 695.00 $ 130.00 85L Drop-in Bedliner (NA with all Gooseneck features (53W, I 5E, 15J, 15K), 66D 0 j 0 $ 349.00 $ 350.00 $ 350.00 Pickup Box Delete) 21 D Tonneau Pickup Box Cover- Soft Folding (NA w/Aluminurn Crossbed Toolbox 0 0 $ 524.00 $ 525.00 (19J/1 9K), Stowable Loading Ramps (52R) or Drop-in Bedliner (85L) 21E Tonneau Pickup Box Cover - Hard Folding (NA w/Aluminum Crossbed Toolbox 0 0 $ 994.00 $ 995.00 (19J11 9K), Stowable Loading Ramps (52R) or Drop-in Bedliner (85L) 21J Tonneau Pickup Box Cover- Retractable (NA wI_A_Iuminum Crossbed Toolbox 0 0 $ 1,694.00 $ 1,695.00 (19J/19K), Stowable Loading Ramps (52R) or Drop-in Bedliner (85L) 6,11., Wheel Well Liner, Front 0 0 179.00 $ . ......... 180.00. 61 M Wheel Well Liner, Rear (avail. on F-250 SRW only; NA w/66D Pickup Box Delete) 0 0 $ 179�00 $ 180.00 ..... ................ 61N Wheel Well Liner, Front/Rear (avail. On F-250 SRW only; NA w/66D Pickup Box 0 0 $ 324.700 $ 325.00 Delete) -0 0 $ 149.00 $ 150.00 85M Bed Mat (NA with all Gooseneck features (53W, 15E, 15J, 15K), 66D Pickup Box Delete, 85L Drop-in Bedliner or 85S Tough Bed(b (spray -in bedliner) 61S Splash Guards/Mud Flaps Front (reqs. Splash Guards/Mud Flaps Rear (62S) for 0 0 $ 129.00 $ 130.00 F250 21X Vehicle Safe b'LConsole Vault reqs. Seat -Bucket 40/consolel44) ldealer - 0 $ 329.001 $ 330.00 76c Exterior Backup Alarm, May be installed0 . ......... � 0 $ 139.00 $ 140.00 15J Gooseneck Hitch Kit -15J (req. 53W 5th Wheel/Gooseneck Hitch Prep Package; 0 0 249�00 $ 2550.00 0 Available F-250 NA w/85L Drop-in Bedliner or 85M Bed Mat) ............ ..... 5t' Wheel Hitch Kit -15L - includes 19k rated hitch for SRW. (req. 53W 15"L Wheel/Gooseneck Hitch Prep Pkg, and 84 box; NA w/85L Drop-in Bedliner or 86M 0 1 0 $ 1,094.00 $ 1,095.00 Bed Mat 15K 5t'Wheel Hitch Kit -15K -(req, 53W 5th Wheel/Gooseneck Hitch Prep Pkg. and 84 0 0 $ 1,494.00 $ 1,495.00 box; NA w/85L Drop-in Bedliner or 85M Bed Mat) (31 Ship Thru Qualified body modifier. Includes second stage mso, body certification Ilabel 0 0 $ 625.00 7 NA and pre -delivery inspection, Second Stage MSO required for Tag. S'T'UGHT Stream fig t Rechargeable Silnger Flashlight -75712 0 0 $ 1189.00 NA I'HIOSSOO-PPI 500 Waft Inverter with Dash Switch- includes TH0002 0 0 $ 396.00 NA 1750S 750 Waft Inverter with Dash Switch- includes TH0002 0 0 $ 596.00 NA DUVAL FORD Page 363 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 4x4 [W2B] FSA20-VEL28.0 TH1000 1000 Watt Inverter with Dash Switch O 10 $ 672.00 NA TI'1500 1500 Watt Inverter with Dash Switch- includes TH0002 O 0 $ 695.00 N TH2O00 2000 Watt Inverter with Dash Switch O O $ 796.00 ' NA TH3000 3000 Watt Inverter with Dash Switch O O $ 966.00 NA DS11.12/1200N Dimensions 1200 watt Pure Sine Wave O O $ 1,495.00 NA C)SkREMOTE Remote control for Dimensions 010 145.00 ' NA U'SS [phone HD Charge Wire for (phone -USB ]PHONE O 0 $ 39.00 NA OSS Android HD Charge Wire for Android -USB ANDROID " O O '($ 39.00 NA SAFET Kit Incl;FirstAid Ki , Triangle Kit & Fire Extinguisher (Specify monting O O $ 276.00 NA location) SA;FET2 First Aid, Fire Extinguisher (specify moutning location) and Road LED Kit- O O $ 536.00 NA 6430, B500T, 1140-4PACK M 2 All Weather Laser Cut Floor Mats- 2 Piece 0 0 $ 215.00 NA 4 All Weather Laser Cut Floor Mats- 4 Piece 0$� M CONSOLE/ LAPTOP C -MC -14 -FT- 14" Basic Console Package: 4" Dual Beverage Holder, Console Tray, 2 -DC Outlets, 1- Dual USB Port Faceplate, Height Adjustable Arm Rest (SPECIFY 0 0 $ 771.59 NA (RADIO MODEL AT THE TIME OF ORDER 16" Wide Body Console with Open Storage on Side of Console: 4" Dual CC-WBOS-16- Beverage Holder, Console Tray, 2 -DC Outlets, 1- Dual USB Port Faceplate, 0 0 $ 910.59 NA FT -K Height Adjustable Arm Rest (SPECIFY RADIO MODEL AT THE TIME OF ORDER' i 20" Wide Body Console with Open Storage on Side of Console: 4" Dual CC-WBOS-20- Beverage Holder, Console Tray, 2 -DC Outlets, 1- Dual USB Port Faceplate, 0 0 $ 923.70 NA T -K Height Adjustable Arm Rest (SPECIFY RADIO MODEL AT THE TIME OF ORDER. 16" Wide Body Console Package with Open Storage on Side of Console: 4" f C-WBOS-16- Dual Beverage Holder, Console Tray, 2 -DC Outlets, 1- Dual USB Port 0 0 $ 1,035.17 NA FT -FB Faceplate with Lidded File Padded Box (SPECIFY RADIO MODEL AT THE OF ORDER` "uraTIME - - LapTop Stand Passenger side mounted with Universal Computer Tray 0 0 $ 748.44 ISA CM-SDMT-SL- Lap Top Mount with Easy One Handed Slide Arm and Universal Computer 0 0 $ 766.82 NA IT Tra . Use when orderirl Tro , Console 1111111111110 Vent Shades 0 0 $ 183.00 NA _ CANTLE BC Pintle Ball Combination 2 5/16" with Adjustable Shank 0 ,I 0 —0$ $ 350.00 NAPINTLE FX Pintle Ball Combination 2 5/16" with Fixed Shank 0 285.00 NA 149 76ARDS R 00000000...,..,....... Aries 3" Tubular Running Boards- Black 0 0 $ 495.00 .. ..� SIA SCARDS C Aries 4" Oval Running Boards- Black 0 0 $ 515.00 NA S Bug Shleld 0 j 0 $ 140.00 NA I< RKE Programmed Integrated Key Transmitter Fob 0 0 $ 350.00 NA 3 PATS Programmed Key with Pats Technology, Fleet Key 0 0 $ 225.00 NA -.� 2 TONE Ttwo tone for a two door truck from belt line over roof OJ - 0 --- $ 1, 896.00 NA 155 TONED Two tone for a four door truck from bait line over roof 0 0 $ 1,496.0Oµ NA ...-....-.. 156 C'AMLOC -.................... Relocate factory camera O 0 $ 285.00 NA 157 0OACKZONE Reverse Sensing System, Dealer Installed 0 .� 0 $ 445.0+3 NA 158 Srray SB HD Spray In Bedliner, Includes Compartment Tops, Interior and Tailgate 0 0 $ 955.00 NA 159 spray BR HD Spray in Bedliner on Bumper O 0 $ 220.00 NA Sf�ay ESV HD Spray in Bedliner for Enclosed Servie Body, Includees Floor and 16" up D 0 $ 1,905.00 NA side walls _ �Arni .................-ease Under Coating 0 0 $ 870.00 NA DUVAL FORD Page 364 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 4x4 [W2B] FSA20-VEL28.0 DUVAL FORD Page 365 of 895 Procomp Nitro 3.5 inch level kit 18x9 Procomp wheels or equal 35x12.50R18 Ni=o Trail Grappler Tires PROCOMP A 3 inch black tube side steps 0 0 $ 5,475.0(} NA Speedometer Calibrator Labor & Alignment 3/36k parts & labor warrant Procomp 6 inch suspension IiS Dual steering stabilizer 18x9 Procomp wheels or equal PiOCOMP B 35x12.50R18 Ni=o Trail Grappler Tires 0 0 $ 6,950.00 NA 3 inch black tube side steps Speedometer Calibrator Labor & Alignment 3/36K parts & labor warranll .� Level ILeveling Kit, Raises the Factory Front 2" 0 O $ 1,700.68 NA 'fINT 1 Window Tint On Front 2 Windows Including Windshield Strip O O ! $ 265.00 NA TINT 2 Tint All Windows 4 Door Including Windshield Strip O 0 $ 385.00 NA IIT 3 Lima Tint 4 Doors Including Windshield Strip O Ct $ 485,00 NA, DECAL 1 Graphics- Basic Fleet Package O 0 O Call For Price NA (X CAI., 2 Graphics- Customized Packa a With Unit numbers 0 Call For Price NA NITRO Nitrogen Filled Tires In Lieu Of Std. Factory Fill. Fuel Economy Saver Due 0 O $ 245.00 NA To Tire Pressure Consistency, On Ground GRILL GUARDS AND WINCHES immmm X37-93905 Westin HDX Wrap Around Grille Guard with winch plate O 0 $ 1,295.00 NA 7"-3905 ;Westin HDX Wrap Around Grille Guard without winch plate 0 O, $ 1,195.010 NA 'WARN Warn wrap around grill guard with winch plate 88240, 98080, 98090, 98095 O O $ 1,550.60 NA 103250 8000# Warn Winch with Remote Ci 0 $ 907.87 NA, 10,3252 10000# Warn Winch with Remote 0 1 O % $ 958.53 NA 12000# Wam winch with Remote 0 0 ' $ 1.079.77 NA_ CAB SHIELDS CABSHLD Sterling Cab Shield with Mesh Window, Includes Black Pwder Coating 0 O $ 630.60 NAH950FSD CABSHLD B Sterling Cab Shield with Mesh Window, Includes Black Pwder Coating and 0 0 $ 656.20 NA Beacon Provision H95OFSDE' CABSHLD L Sterling Cab Shield with Mesh Window, Includes Black Pwder Coating and O 0 $ 681.201 NA, L! htbar Provision H950FSDF CABSHLD A Sterling Cab Shield, Aluminum [HA951 FSDF] 0 0 $ 904.60 NA .:4K ack`Rack Light Duty Louvered Headache Rack -15018, 30221 �1., , '$" `,800:, A (LIGHTING: Additional lighting options located in lighting submission Iocument. E'DSPOT LED Pillar Mounted Spotlight- 325PL-0002, 189, P46SLC O 0 $',01"NA' L°i OLITE LED Permanent Mount Go -Light brand spat light 20074GT 0 0 $ 725.00 NA ..........., ..... ... ......... .-........4 3RD Brake Light Safety Pulse (Pulses 3rd brake light (4) times upon ... .... 5BL application of brake pedal to increase driver awareness behind you when 0 0 $ 279.00 NA sto in � LED PKG 1 4 Corner Flashing System (2 Surface Mounted In Grille , 2 In Tail Lights) 0 0 $ 675.00 NA (Specify color at time of orders MORNS*, MCRNB1, VTX609" LED PKG 2 LED 16" Mini Whelen Led Century Light Bar - Amber light with Amber Lens - 0 O $ 495.00 NA LED PKG 3 16" Mini Whelen Led Century Light Bar -Amber light with Clear- MC16PCA 0 0 $ 550.00 NA LED PKG 4 16" Mini Whelen Led Century Light Bar - Amber/white lights with Clear Lens- 0 O $ 550.00 NA MC16PF i,.ED PKG 5 23" Mini Whelen Led Century Light Bar - Amber light with Amber Lens- 0 0 $ 695.00 NA MC23PA DUVAL FORD Page 365 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 4A [W213] FSA20-VEL28.0 LED PKG 6 . ......... ......... . . . .. . . . 23" Mini Whelan Led Century Light Bar - Amber light with Clear- MC23PCA 0 0 $ 695.00 NA LED PKG 7 23" Mini Whelen Led Century Light Bar - Amber/white lights with Clear Lens- 0 0 695.00 NA MC23PF 54" Fully Populated Whelan Justice Light Bar, 6 -Switch Controller & 4 I.ED PKG 8 Corner Flashing System With Mounting Hardware (Specify color at time of 0 0 $ 3,002.00 NA order) JV2****, PCC6W, MORNS*, MCRNB1, VTX609* 54" Fully Populated Liberty 11 Light Bar, 6 -Switch Controller & 4 Comer LED PKG 9 Flashing System With Mounting Hardware (Specify color at time of order) 0 0 $ 3,022.00 NA IW2'**', PCC6W, MORNS*, MCRNB1, VTX609* Interior Flashing System: (2) SOLO Avengers In Headliner, (2) SOLO ,L,ED PKG 10 Avengers In Rear Deck, 4 Comer Flashing System with Single Mounted 0 0 $ 1,754.00 NA I Controller (Specify color at time of order)AVC11*, MCRNS*, MCRNBI*, Interior Full Width Flashing System Front and Rear With LED PKG 11 �Premium Directional Functions, 2 -Hideaway Grille Lights, 2- Flashing Tail Lights, 0 0 $ 3,400.00 1 NA 'Siren/ Controller, Speaker and Mounting Brackets 'j . L 54" Fully Populated Whelen Justice Light Bar, Siren/ Controller, Speaker 11' LED PKG 12 Comer Flashing System With Mounting Hardware- JV2****, SA315P, 1 0 0 1$ 2,863.00 �MCRN$*, NA VTX609* 54" Fully Populated Whalen Liberty 11 Light Bar, Siren/ Controller, Speaker & ED PKG 13 0— 4 Corner Flashing System With Mounting Hardware- IW2****, SA315P, 0 0 $ 3,350.00 35 00 NA NA MCRNS*,VTX60,9* 1 IN 1111 1 11111 !111!!!!! 111 1 11, TO(X.,8OXE01j 5 71 LP ............... LOW Profile IHD King Size Aluminum Toolbox with Low Profile Locking Lid 0 0 $ 615.00 �j NA and Up2Lacled Camlock Handles U STB -69 Low Profile HD King Size Aluminum Cross Body Toolbox with Gull Wing Lids 0 0 $ 613.00 NA .. . .......... ,AUWTBS-48 ...... . HD Aluminum Side Mounted Toolbox 48" Long, Price per side —0 0 $ 480.00 14A AUWTBS-72 HD Aluminum Side Mounted Toolbox 72" Long, Price per side 0 0 $ 509.28 NA ftGW TS Weather Guard 114-0-01 Gull Wing, Aluminum, Full Extra Wide 0 0 $ 1,236.85 INA TOOL AND Tool and fuel: UTS TT101 100 Gal capacity with meter, electric pump and 0 0 $ 2,296.00 NA FUE1 30' hose. Diesel ,.Fuel only ISEDSLIDES N SLkLIl', 1000 1000 LB Capacity Cargo Glide Bed Slide [CG 1000 8048/9548] 0 0 1,469.07 NA UDE 1200 11200 LB Capacity Cargo Glide Bad Slide [CG1200 8048/9548] 0 0 $ 1,698,64 NA —E 212 atIDE 1500 1 50 0 LB Capacity Cargo Glide Bed Slide [CG1500 8048/9548] 0 0 $ 1,762.12 NA tsrndo 15 1500# Capacity Extendo Bed for [EB1 575/EBI 690] 0 0 $ 2,699.00 NA 21� Extendo 20 2000# Capacity Extendo Bed [EB2075/EB2090] 0 0 $ 2,863.00 NA 1 2 5 FXT—A N Extang Tri Fold Locking Bedcover, Soft [92486/92488] 0 0 $ 659.00 NA 216 ANG HD Extang Tri Fold Locking Bedcover, Hard [83486183488] 0 0 $ 1,230 00 NA 217 CRANES (Require Reinforced body or Crane Body] 218 AC3K 3,000 Lb Auto Crane EHC3 PRX- Hardwired Control, Boom Rest, Auxiliary 0 0 $15,200.00 NA A Battery, Circuit Breaker and Crane Annual Inspection Decal LC31< 3,000 Lb. Liftmoore Electric Crane 3612REE- Hardwired Control, Boom 0 0 $14,300.00 NA Rest, Au��Circuit cuit Breaker and Crane Annual Inspection Decal Boori�_R,;�T,"Tu;TlWy JiSC3K 3,000 Lb. Stellar EC3200- FM OLBattery, 0 0 $ 13,800.00 NA Circuit Breaker and Crane Annual In ction Decal 221 C3K 3,000 Lb. VentET12KX- HARDWIRED CONTROL, Boom Rest, Auxiliary! 0 0 $ 14,900.00 NA f�attery, Circuit Breaker and Crane Annual InsDection Decal Y C 222 `13K FM 3,000 Lb. Venturo ET12KXXP-16 FM CONTROL, Boom Rest, Auxiliary 0 0 $ 16,400.00 NA Bafteu, Circuit Breaker and Crane Annual Inspection Decal REINFORCE 223 Body Reinforcment on Knapheide service body or flatbed for use with 0 0 J$ 3,400.00 NA 3000# cranes. Includes one out 224 TOPPERS & COVERS "0"0$ CH T � Cab High Fiberglass Topper with Sliding Side Windows. 2,041,00 NA DUVAL FORD Page 366 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 44 [W2B] FSA20-VEL28.0 DUVAL FORD Page 367 of 895 Yakima Roof Rack with Adjustable Round Bars 0 O $ 515.00 NA 1 Fiberglass Toolbox with Shelf for Cab High Toppers Only (Each) 0 0 $ 555.0{} ISA 2 Glass Side Windoors Flip dut fpr easy access, rep topper me O 0 $ 495.00 NA 3 1p Solid Painted Windoors for added security. req. topper me O 0 $ 635.00 NA Ranch legacy series fiberglass painted bed lid, dual shock, black powder 0 0 $ 1,935.00 NA coated hardware, sing to look with two keys ,Cargo Viz Two white led steady bum lights inside pickup bed for closed cover visibility O 0 $ 362.00 NA 2 32 ARE-LSII A.R.E. LSII Series Tonneau Cover O 0 i $ 2,165.00 NA 233 �E-V A.R.E. V Series Fiberglass Topper. Includes front, side, and rear windows. 0 0 $ 2,474.00 NA ARE-DCU A.R.E. DCU 23" Tall . Includes hatch rear door with T -lock, rear tinted O O - $ 3,395.00 NA window, full len th tool box on each side, and front picture window. 235 ;)R ETRAX Retrax retractable bed cover for 6 3/4 foot bed. NA for 8ft bed 0 0 $ 11550.00 NA boll N Lock Roll N lock retractable bed cover [LG15M/ LG152M] O 0.. $ 1,596.00 NA 237 -Eganomigm IIFTGATES: Require [(31*) Ship Thru option and Camera Relocate] Im * TGS TP27 9300# Tommy Gate G2 60 1342 TP27 Steel Platform 1300# Tommy Gate G2 60 X 27 Aluminum O 0 0 0 $ 3,440.00 NA $ 4,050.00 NA 239 1"w TP27 t wGS TP38 1300# Tommy Gate G2 60 1342 TP38 2 Piece Steel Platform O O $ 3,625.00 NA A' " ' EA38 1300# Tommy Gate G2601342 EA38 2 Piece Aluminum 0 0 $ 4,210.00 NSA 242 2 t"GS TP27 1500 1500# Tommy Gate G260 1642 TP27 Steel Platform Y O 0 $ 3,625.00 NA TP38 243�R500S 1500# Tommy Gate G260 1642 TP38 2 Piece Steel O O $ 3,810.00 NA 244 i'GA EA27 1500 1500# Tommy Gate G260 1642 EA27 Aluminum O 0 $ 3,925.00 NA 245 f°GA EA38 j-.500 1500# Tommy Gate G260 1642 EA38 Aluminum 2 Piece O O $ 4,390.00 NA TGA EA48 1500 1500# Tommy Gate 6260 1642 EA48 Aluminum 2 Piece O 0 $ 41700.00 NA 247 THS 1500 Thieman 1500# TT15ET 56 X 26 Steel 1 Piece - 0 O $ 4,000.0{} NA 248 tl:E:1-5:00 B Thieman 1500# TT15ET 56 X 42 Steel 2 Piece 0 0 $ 4,450.00 NA 249 �THA 1500 Thieman 1500# TT15ET 56 X 26 Aluminum 1 Piece 0 04,350.00 NA THIA 1500 B Thieman 1500# TT15ET 56 X 32 Aluminum 2 Piece 0 0. $ 4,800.00 NA 251 % 1 ryria C,- Thleman 1500# TT15ET 56 X 44 Aluminum 2 Piece 01 0.' $ 5,240,00 NA 252 am MR RACKS 253 Single Side Ladder Rack, Aluminum 1,120.00' NA 254 MatRack S ..................... .. ............ Over Cab Material Rack, Steel 2,190.00 NA 70$ 255 atRack A Over Cab Material Rack, Aluminum 2,640.00 NA A1atRack SB;Over Cab Material Rack with Basket, Steel 0 0 $ 2,690.00 NA q q!ra ack AS 0* Cab Nw 1G 601 ReI0* prefth S kel, Alur irum 259 70AKOT SERVICE BODY �BG,98Z8VVSS Dakota 8ft SRW ""SB" Svc Body - Steel 0 Call For 0 NA Price 261 SG9878VVIFF Dakota 8ft SRW "SB" Svc Body - Steel w/ Fliptop Lids 0 0 Call For N Price 262 SBA9$78VVSS Dakota 8ft SRW "SB" Svc Body - Aluminum 0 Call For 0 NA Price 'SM9878VVFF, Dakota 8ft SRW "SB" Svc Body - Aluminum wl Fliptop Lids 0 Call For O NA Price Dakota 8ft SRW Crane Body. Supports a 1,000 to 4,000 -pound capacity Call For gqG @78WSS14 crane. ** Add raised front compartment for $950 (specify streetside or 0 0 Price NA curbside) DUVAL FORD Page 367 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 4A [W213] FSA20-VEL28.0 lock Masterlock Master Dakota Masterlocking option for Dakota "SB" Svc Body 0 0 Call For NA Price Lock Dakota Remote Lock Electronic Remote Lock Kit for Dakota "SB" Svc Body 0 Call For 0 NA Price 67 Comp Lite 2 0 LED Compartment Light - LED strip lighting in each compartment option 0 Call For 0 NIA Price 268 'XNAPHEIDE SERVICE BODY M 269 '16 3/4 Knapheide 680/682 40/42" CA (Requires Option 31 V Ship Through) 0 0 NA 2t F 0;5/4 Knapheide 680F/682F Flip Top 40/42" CA (Requires Option 31V Ship 0 0 $ 9,500.00 NA 7 Through) 271 ��B B'Knapheide 69 6 SRW 56 CA (Requires Option 31V Ship 0 0 $ 8,675.00 . . . ...... . NA 272 139B F 8' Knapheide 696F SRW Flip Top 56"CA, 37" Body Height (Requires Option 0 0 $ 9,550.00 NA 31V Shie Throu& 8S FT 8' Knapheide 696F40 SRW Flip Top 56"CA41w Body Height (Requires 0 0 $ 9,640.00 NA Option 31V Sh!g Throughl 274 SAB Knapheide Aluminum Utility Bodies, A682 F250 40" CA. Includes Step . 0 0 $11,900,00 NA Bumper, LED Ta ihts Interior and Exterior Paint jOnI,X for 6 3/4' Bed) �. 7 275 SAB Knapheide Aluminum Utility Bodies, A698-2 56" CA, Includes Step Bumper, 0 1 0 $12,500.00 NA LED Knapheide Aluminum Utility Bodies, A698F-2 FLIP TOP 56" CA, Includes 0 1 0 $ 13,800.00 NA 276ALA 9 :F Step Bumper, LED Tail Lights, Interior and Exterior Paint 277 'BAB FT Knapheide Aluminum Utility Bodies, A698F40-2 FLIP TOP 664'CA. Includes 0 0 $ 14,000.00 --- -- - NA Ste e Bum r, LED Tail Lights, Interior and Exterior Paint 2-18Ksb OPT 1 Knapheide Master Locks 0 0 645.00 NA 279 sb OPT 2 Compartment Lighting 0 0 $ 610.00 NA 280 Gs,b OPT 3 LED Tailights 0 0 $ 425.00 NA 281 Electric Locks 0 0 $ 1,336.00 NA 28K'sb OPT 5 Single Point T Handles 0 0 $ 395.00 NA 283esu OPT 6 Knapheide Factory Paint 0 0 $ 1,275.00 NA 284 Ksb OPT 7 'Pull Out Shelves (each) 0 0 $ 615-00 NA 285 Vsb OPT 8 Pull out TrayO � 0 875.00 NA 286 sb OPT 9 Stationary Shelves 10 0 $ 216.00 NA 287s OPT 10 Spare tire retainer �0— ::0 $ 250.00 NA 2Ksb OPT 11 D Rings in Cargo Area 0 0 $ 440.00 NA OPT 12 Paint Compartment Interior 00 $ 1,300.00 I14A EKsb - Ksb OPT 13 5 Drawer Mechanics Tool box 0 0 $ 1,936.00 NA ee Ksb OPT 14 rea plate Overlay Compartment Tops 0 0 R9. $ 1,100.00 NA Ksb OPT 15 Treadplate Overlay Cargo Area 0 0 $ 1,100.00 —NA 293 6b OPT 16 . .. . .............. Led Work Lights (2) 0 0 $ 550.00 NA 24 k�,b OPT 17 Grab Handles (2) 0 1 0 ---- . .............. $ 276.00 NA 295 Jl<sb 7 OPT 18 �Cable Step 0 0 S 295.00NA 296Ksb - OPT 19 6" Wilton Vise 0 0 $ 525.00 NA -7 297 b OPT 20 ................... .......... .... . ............................ Vise Bracket 0 $ 209.00 NA Ws; OPT 21 Mud & Stone Guard 0 -0 0 $ 250.00 NA 2 9'sb OPT 22 E Track In Cargo Area 0 0$ mm 450.00 NA Ksb OPT 23 . ............. . . ...... 3 Tool Shovel Rack 325.00 NA Ksb OPT 74 ............... fail Shelf Bumper 16" 0 :1,350,00 NA Xsb OPT 25 --0 Cone Holder 0 0 $ 217.00 NA isb T 26 HD Folding Gone Holder 0 0 $ 432.00 NA ,Ksb OPT 27 Igloo Cooler Mount 0 0 $ 225.00 NA OPT 28, Igloo Cooler 0 0 $ 110.00 to , MACHINES DUVAL FORD Page 368 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 4x4 [W2B] FSA20-VEL28.0 Kb OPT 29 Vanair Pro Compressor/Generator, 20 CFM, 5000 Watt 0 0 $ 7,295.00 NA Ksb OPT 30 20 CFM Gas Air Compressor and Reel O 0 $ 5,380.00 NA OF'T 3t VMAC VR70 Gas 0 0 '! $ 12,500.00 NA Ksb OPT 32 VMAC VR70 Diesel Application 0 0 $ 15,100.00 NA �b T33 "Enpac Welder Generator Compressor, Diesel O 01 $ 21,030.00 NA Nab OPT 34 Enpac Welder Generator Compressor, Gas 0 0 $ 16,540.00 NA 3PT $ Miller Bobcat 250 Welder 0 0 ;, $ 9,,490.00 NA READING SERVICE BODY A Li BA�� $' Reading Classic ll Service Body for SRW (Requires 31 B Ship Through) �0 '$ 9,653.0 AFAL-U98A 8' Reading Classic II Aluminum Service Body for SRW (Requires 31B Ship 0 0 $ 10,600.00 SIA SW Throu ah'" ,F U98A SW 8' Reading Classic 11 Service Body with Flip top Lids for SRW (Requires 31B 0 p $ 11,743.00 NA SML Ship Through), ,F AL -98A DW 8' Reading Classic II Aluminum Service Body with Flip top Lids for SRW °Req 0 0 $ 12,263.00 NA SMIL uires 31B Shi p Through) AF SL1198ASW N 21201 8' Reading SL Service Body for SRW (Requires 31B Ship Through)O 0 $ 8,462.00 N A AT SLU98ASW ... 8.' Reading SL Service Body with Flip top lids for SRW (Requires 31B Ship 0 0 $ 9,460.00 NA SL 21201 SML Throu'h' OPT 1 Reading Compartment Lighting 0 0 $ 758.00 ! NA Rsb OPT 2 Master Locking System (installed at Reading) 0 0 $ 1,116.00 NA. P `OPT 3 Steel Sliding Top 0 O $ 2,793.010 NSA R9b OPT Latchmatic 0 0 $ 1,446.00 NA 'R, „b OPT 5 SST T Handle Latches 0 0 $; 175,00 NA Rsb Opt 6 DEF tank modification on Dual Fuel Tank Configurations, Rear on GM O O $ 625.00 NA KJAPHEIDE ENCLOSED SERVICE BODY 8' Knapheide Enclosed Utility Body KC96U1478, 45" Interior Height. KEB 45 Includes Master Lock, Interior Dome Light, Solid Rear Doors, (2) Rear Shelf 0 0 $ 13,020.00 NA Doors, LED Tail lights hts and Step Bumper 8' Knapheide Enclosed Utility Body KC96L1478, 51" Interior Height. EB 51 Includes Master Lock, Interior Dome tight, Solid Rear Doors, (2) Rear Shelf O 0 $ 13,300,00 NA Doors, LED Tail li,hts and Step_ Bum r ,,. 8' Knapheide Enclosed Utility Body KC96M1478, 61" Interior Height. 1 KEB 61 Includes Master Lock, Interior Dome Light, Solid Rear Doors, (2) Rear Shelf 0 0 $ 13,570.00 NA Doors, LED Tail lights and Step Bumper WOSENECK 8KGN 8' Knapheide Gooseneck Flatbed PGND (Storage Goose Neck) 0 0 $ 12,400.00 NA 9 �A 8' Knapheide Aluminum Gooseneck Flatbed AL-PGNB768 SRW ., 0' ,..$. 850 NA FLATBED PLATFORM SA .B B' Knapheide Aluminum Flatbed, Model ALPB89. Includes Bulkhead with O 0 $ 10,9(30.00 NA Window and 40" Stake Sides KFB OPT 1 Credit Stake Sides 0 0 $ (850.00) NA AFB OPT 2 Ratchet & Straps (Each) 0 : 0 $ 185.00 to 338 KeiFB OPT 3 30" Aluminum Underbody Box O O $ 640.00 NA 8' Flatbed Single Rear Wheel Action 11 Ga. Smooth Galvannealed steel .,,.mm--„..... ...�.......... F SRW FB Skin on Headboard and floor, Painted Black, Structural Steel Cross 0 0 AVAILABLE NA Members on 12” Centers, 40"Headboard with Punched Window and 40 " Sides I(Requires 31 B Ship Through l°tUGBY Rugby Rancher 8ft Platform - 56"' CA SRW *** Add $425 to get Gooseneck340A 0 O AVAILABLE NA Bod, **EP0806-84PB-N-N-B-N _ DaGBOX: Requires (31*) ship-thru option for ,Second stage body Mod1 ler. Requires (872) Camera Caption and LWB DUVAL FORD Page 369 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 44 [W213] FSA20-VEL28.0 A fiberglass one piece molded animal transportation unit with (6) six animal compartments and (1) storage compartment with the access door in the back of the unit. Featuring our fresh air ventilation system vented to each compartment, a pass through swing door in the front compartment, solid partitions creating 6 individual compartments, sloped floor drainage system, Ultimate Safety doors with large louvers and small catch pole door within the door, and bright white L.E.D. lighting in individual compartments. Available with air conditioning and heating, back saver hoist, catch pole holder, rear blind spot mirror, custom strobe and light bar lighting, work lights and pet step folding ramp. PRO 6WS7 Animal Compartment Sizes: Measured from center of partitions 0 0 $ 15,700.00 NA Street Side: Front 36" Wide x 36" High x 39" Deep (w/ pass through door open 36" Wide x 78" Deep) Center 36" Wide x 36" High x 30" Deep Rear 38" Wide x 36" High x 30" Deep Curb Side: Front 36" Wide x 36" High x 39" Deep (w/ pass through door open 36" Wide x 78" Deep) Center 36" Wide x 36" High x 30" Deep Rear 38" Wide x 36" High x 30" Deep Rear Center Storage: 18" Wide x 32" High x 74" Deep A fiberglass one piece molded animal transportation unit with (8) eight animal compartments and (1) storage compartment with the access door in the back of the unit. Featuring our fresh air ventilation system vented to each compartment, a pass through swing door in the front compartment, solid partitions creating 8 individual compartments, sloped floor drainage system, Ultimate Safety doors with large louvers and small catch pole door within the door, and bright white L.E.D. lighting in individual compartments. Available with� air conditioning and heating, back saver hoist, catch pole holder, rear blind spot mirror, custom strobe and light bar lighting, work ilights and pet step folding ramp. Animal Compartment Sizes: Measured from center of partitions PRO 8WS9 Street Side: 0 0 $ 18,460.00 NA Front 30" Wide x 36" High x 39" Deep (w/ pass through door open 30" Wide x 78" Deep) Center 24" Wide x 36" High x 30" Deep Center 24" Wide x 16" High x 30" Deep Rear 32" Wide x 36" High x 30" Deep Curb Side: Front 30" Wide x 36" High x 39" Deep (w/ pass through door open 30" Wide x 78" Deep) Center 24" Wide x 36" High x 30" Deep Center 24" Wide x 36" High x 30" Deep Rear 32" Wide x 36" High x 30" Deep IRear Center Storage: 18" Wide x 32" High x 80" Deep 1 G Ship Through To Custom Fiberglass Coaches, 53Y600 0 0 1$ 625.00 NA ... . . . ................... .. ......... . High Capacity AC/ Heat with Twin Fan Condensor and Auxilliary Dedicated DS OPT 1 Compressor. For Dog Box Option. AC Vents Included, 28K BTU AND 0 0 $ 3,626.00 NA Tem p_Monitor In the Cab DUVAL FORD Page 370 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 4x4 [W213] FSA20-VEL28.0 DB OPT 2 AC Unit Up To 28 BTU AND Temp Monitor, Runs Off Factory Compressor. O 0 $ 3,650.00 NA Req. Do Box Option S OPT 3 Pull out Ramps For Use with Dog Box Option, Front Passenger Side O 0 $ 650.00 NA DE OPT 4 Heavy Duty Safek Door -Stainless Steel "Set of 6 O O $ 1,700.00 NA D OPT 5 Neal" DutX Safety, Door - Stainless Steel (Set of 8) 0 0 $ 2,100.00 N IDB OPT 6 Two Slide out trays in rear compartment 0 0 $ 610.00 NA Ofk OPT 7 LED 3"x 5" Surface Mount Amber Strobe - rear 0 0 ' $ 365.00 NA 08 OPT 8 LED 2" x 5" Surface Mount - Amber or White - side or rear 0 0 $ 365.00 NA f OPT 9 LED 1" x 5" Mini 6 Diode Strobe - Surface Mount Amber - side or rear 0 0 $ 365.00 NA q 5B Op"f 'io LED 1" x 4" Mini 4 Diode Strobe - Amber or White - surface or grill mount O 0 $ 365.00 NA IDB DPT 11 'Traffic Advisor LED with 8 Amber Lightheads and digital controller in cab 0 O $ 895.00 NA DB OPT 12 BackSaver Hoist with Large Cage - front passenger compartment 0 0 $ 3,995.00 NA D OPT 13 Rear Blind Spot Mirror 0 0 $ 365,00 NA D8 OPT 14 Roll Out Tray in Rear Storage Compartment 0 0 $ 495.00 NA Diesl PlCKUP ExtendedServicelan ase re, Zero Deductible. Five plan G:B575 Year, 75000 Mile.Dealer fospecifics p pecfics and optional Terms. Price O 0 $ 2,315.00 $ 2,315.00 Guide JAN 2021 .... Chess[ PICKUP Extended Service Plan Base Care, Zero Deductible. Five G--55100 Year, 100000 Mile. Call Dealer for plan specifics and optional Terms, Price 0 0 $ 3,170.00' $ 3,170.00 Guide JAN 2021 _Plan Diesel PICKUP Extended Service Extra Care, Zero Deductible. Five jGE575 Year, 75000 Mile. Call Dealer for plan specifics and optional Terms. Price 0 0 $ 2,635.00 $ 2,635.00 Guide JAN 2021 Diesel PICKUP Extended Service Plan Extra Care, Zero Deductible. Five E5100 Year, 100000 Mile. Call Dealer for plan specifics and optional Terms. Price 0 0 $ 3,525.00 $ 3,525.00 Guide JAN 2021 Diesel PICKUP Extended Service Plan Premium Care, Zero Deductible, GP575 Five Year, 75000 Mile. Call Dealer for plan specifics and optional Terms. 0 0 $ 3,420.00 $ 3,420.00 Price Guide JAN 2021 Diesel PICKUP Extended Service Plan Premium Care, Zero Deductible. 'GP5100 Five Year, 100000 Mile. Call Dealer for plan specifics and optional Terms, O 0 $ 4,075.00 $ 4,075.00 Price Guide JAN 2021 -m GAS PICKUP Extended Service Plan Base Care, Zero Deductible. Five G8575 Year, 75000 Mile. Call Dealer for plan specifics and optional Terms. Price 0 0 $ 2,315.00 $ 2,315.00 Guide JAN 2021 GAS PICKUP Extended Service Plan Base Care, Zero Deductible. Five G15100 Year, 100000 Mile. Call Dealer for plan specifics and optional Terms. Price 0 0 $ 3,170.00 1 $ 3,170.00 Guide JAN 2021 GAS PICKUP Extended Service Plan Extra Care, Zero Deductible. Five GE575 Year, 75000 Mile. Call Dealer for plan specifics and optional Terms. Price 0 O $ 2,635.00 $ 2,635.00 Guide JAN 2021 GAS PICKUP Extended Service Plan Extra Care, Zero Deductible. Five E5100 Year, 100000 Mile. Call Dealer for plan specifics and optional Terms. Price 0 0 $ 3,525.00 $ 3,525.00 Guide JAN 2021 .mm..m GAS PICKUP Extended Service Plan Premium Care, Zero Deductible. Five GP575 Year, 75000 Mile. Call Dealer for plan specifics and optional Terms. Price 0 0 $ 3,420.00 $ 3,420.00 _.....�. ,Guide JAN 2021 GAS PICKUP Extended Service Plan Premium Care, Zero Deductible. Five .........WWW G 5100 Year, 100000 Mile. Call Dealer for plan specifics and optional Terms. Price 0 0 $ 4,075.00 $ 4,075.00 ,Guide JAN 2021 Base Care For Protect Extended service plan for incomplete GAS IGGB575 ENGINE chassis. Five Year, 75000 Miles, 3000 Hour Zero 0 0 $ 2,975.00 1 $ 2,975.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 DUVAL FORD Page 371 of 895 SPEC 211 F-250 XL Super Duty Crew Cab 4x4 [W213] FSA20-VEL28.0 DUVAL Ft3RD Page 372 of 895 Rase Care Ford Protect Extended service plan for Incomplete GAS lGGB5100 ENGINE chassis. Five Year, 100,000 Miles, 4000 Hour Zero 0 0 $ 3,500.00 $ 3,500.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 ExtraCare Ford Protect Extended service plan for Incomplete GAS 374 IGGE575 ENGINE chassis. Five Year, 75000 Miles, 3000 Hour Zero 0 0 $ 3,220.00 $ 3,220.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 ExtraCare Ford Protect Extended service plan for Incomplete GAS 375 1 IGGE5100 ENGINE chassis. Five Year, 100,000 Miles, 4000 Hour Zero 0 0 $ 3,930.00 $ 3,930.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 PremiumCare Ford Protect Extended service plan for Incomplete 376 IGGP575 GAS ENGINE chassis. Five Year, 75000 Miles, 3000 Hour Zero 0 0 $ 3,690.00 $ 3,690.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 !PremiumCare Ford Protect Extended service plan for Incomplete 377 (GGP5100 'GAS ENGINE chassis. Five Year, 100,000 Mlles, 4000 Hour Zero 0 0 $ 4,510.00 $ 4,510.00 ,deductible. Pricing per Ford Protect Florida Retail Jan 2021 Base Care Ford Protect Extended service plan for Incomplete .... 378 IDDB575 DIESEL ENGINE chassis. Five Year, 75000 Miles, 3000 Hour Zero 0 0 $ 3,200.00 $ 3,200.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 Base Care Ford Protect Extended service plan for Incomplete 3-79 1DDB5100 IDIESEL ENGINE chassis. Five Year, 100,000 Miles, 4000 Hour 0 1 0 $ 4,225.00 $ 4,225.00 Zero deductible. Pricing per Ford Protect Florida Retail Jan 2021 ExtraCare Ford Protect Extended service plan for Incomplete e 0DE575 DIESEL ENGINE chassis. Five Year, 75000 Miles, 3000 Hour Zero 0 0 $ 3,485.00 $ 3,485.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 ExtraCare Ford Protect Extended service plan for Incomplete 4DDE5100 DIESEL ENGINE chassis. Five Year, 100,000 Miles, 4000 Hour 0 0 $ 4,800.00 $ 4,800.00 Zero deductible. Pricing per Ford Protect Florida Retail Jan 2021 ...................... .......... PremiumCare Ford Protect Extended service plan for Incomplete UDDP575 DIESEL ENGINE chassis. Five Year, 75000 Miles, 3000 Hour Zero 0 0 $ 4,015.00 $ 4,015.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 PremiumCare Ford Protect Extended service plan for Incomplete IDDP5100 DIESEL ENGINE chassis. Five Year, 900,000 Miles, 4000 Hour 0 0 $ 5,595.00 $ 5,595.00 Zero deductible., t rki Ford Protect Florida Retail Jan 2021 it of Zone, purchase and -Def ty. Does not include unique shipping CZN circumstances when final product demands shipping outside the state of 0 0 $ 446.00 Florida. Note: Emmissions codes fors ecific re ion. Tag and Title processing and handling fee. Tags are processed at the local TTO tag office and physically picked up for client and affixed to vehicle prior to 0 0 $ 48.00 deliver. Cost includes electronic administrative fee, manual processing courier, and Fedex related expense. imp 30 Day Florida Temporary Tag. Requires (TTO) Tag/Title Option 0 0 $ 7.00 Transfer Tag Charge: (Florida only) Please send scan of agency TX registration with tag ID clearly indicated. Requires (TTO) Tag/Title Option, 0 0 $ 90.00 includes "TMP TAG 1New Tag Charge (Florida only) Requires (TTO) Tag/Title option. Specify "TMP 0 0 $ 125.00 21,ItAtt"ALSheriffs Tag. Includes DUVAL Ft3RD Page 372 of 895 F2A KM OF W Wil, DARTY Latae Torbod (H9vrk) 004-3Ba-Z144 (Fax) 904 -NT A"6 (Cog) 00flqm4v7 l0mrp.TorbettQduvalflesA.m woopproalwyawhWw"t *p^*m*J*q4vft fv**v PerAuVA4 &vswmA*&=AmwAjwff mumEommoicrAmo� M=0N"vYZ**ww*^WrAmftAUAPLMWfA4t ffyouimw&Vqgw*miwoam*Wa*qw&pA"MomffAimk 16fikhogb000tem WOW WdWAW 6 TRIM 21, V8 GAS ENGINE SPEED AUTOMATIC TRANSMISSION Box 73 LIMITED SUP DIFFERENTIAL 388. Owtk WINDOWS/ DOOR LOCKS vO License Smoket (TERIOR. OXFORD WHITE $ ITERIOR: GRAY VINYL. 40120140 NYL FLOOR 000011 6VWR PACKAGEmm PARE TIRE AND WHEEL LECTRIC BRAKE CONTROLLER 2801 RAILER TOWING PACKAGE WITH 7 WAY WRING AND 2" FIXED PINTLE BALL COMBO PRAY IN SEOUNER ANUAL TRAILER TOW MIRRORS ACK UP CAMERA ACK I.JP ALARM 138.1 AYTIME RUNNING LIGHTS A45 ITY TAG AND TITLE AG 14ANDUNG FEE 48.1 (HELEN 64" LIBERTY 11 LIGHTBAR, WITH TRAFFIC ADVISOR-(AANJAIW) AMBERI WHITE SPLIT SWITCH CONTROLLER MICRON HIDEAWAYS FOR GRILLE- WHITE :1,„yERTEXFOR TAIL LIGHT HOUSING- WHITE BOYNTON BEACH LT.xlsx Page 373 of 895 11/5121.12:31PM Bid Award Award Report Contract: FSA20-VEL28.0' Pursuit, Administrative and Other Vehicles Zone Ranh Vendor Price Percent Build File Options File Western Primary BOZARDFQRD $24'376.00 0,00% Build Options Alternate Duval Ford LLC $24,466.00 0,00% Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $26'092.00 0.0096 Build Options Northern Primary B(}ZARDF{]RD $24.376.00 0.00Y6 Build Options Alternate Duval Ford LLC $24,466.00 0.00% Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $25^874.00 0,00% Build Options CnDttG} Primary [}uvm| Ford LLC $24.466.00 0D09& Build Options Alternate BOZARDF{}RD $24.652.00 0.0096 Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc, $25.874.00 0.00% Build Options Southern Primary B{)ZARDFORD $24,591.00 0.00Y6 Build Options Alternate Duval Ford LLC $24,752.00 DDD% Build Options Alternate Alan Jay Ford Lincoln Mercury, Inc. $25,983D0 ODO% Build Options PaO��74Of�� w¢pa:0*wwmy,endcminx.commommon�wm�epu�onenomr�onaUem.aepxraiu=earo4&m=14O ^ n� SPEC 140 F-250 XL Super Duty Regular Cab SRVV [F2A] FSA20-VEL28.0 |' g9G144S M, ME I It, 99T/44G 6.2L 2 Valve Gas SOHC EFI NA V8 (Flex Fuel)[TorqShifte-G Six- S S, Speed Automatic w/SelectShift@ Automatic 7,3L 2V DEVCT NA PFI V8 Gas/TorqShift@ Ten -Speed Automatic with Selectable Drive Modes: Normal, Tow/Haul, Eco, Deep 0 0 $ 2,044.00 $ 2,045.00 Sand/Snow & Slippery. For F250 6.7L 4 Valve OHV Power Stroke@ V8 Turbo Diesel B20 with manual push-button Engine -Exhaust Bral(ing[TorqShift@ Ten -Speed Automatic with Selectable Drive Modes: Normal, Tow/Haul, Eco, Deep Sand/Snow & Slippery Electronic Locking Differential 0 0 $ 389.001 $ 390.00 Transmission Power Take -Off (req. Ten -Speed Transmission and (62R) Pto provission; includes Transmission mounted live drive and stationary mode PTO, for 0 0 3,529.00 $ 3,530.00 use with hyraulic options excludIN, electric over hydraulic. 7 7Delete 7 70$ Soare Tire, Wheel, Carrier and Jack �,req. Pickup Box (66D)) 0 , 29400 $ 295.00 XLVALUE PACKAGE (98V) Availability: *OpUona on XL Not available with: * STXAooearanco Package (1 7S) Includes: � Bright chrome hub covers and center ornaments (SRW Only) Chrome front and rear step bumper � Cruise Control (steering wheel -mounted) NOTE: Does not include /ear bumper when ordered w/68D Pickup Box Delete O U X 8 $ 394.00 | Q 395.00 Page 375 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 STX APPEARANCE PACKAGE (I 7S) Availability: • Optional on XL Not available with: * XL Value Package (96V) Includes: • Bright Chrome Grille • High Airflow Grille (std w/6.71. Diesel DRW only) Bright Hub Covers • Chrome Front and Rear Step Bumpers 17S • Cruise Control (steering wheel -mounted) 0 X 1,824.00 11825.00 •STX Fender Vent Badge • 18' Sparkle Silver Painted Cast Aluminum Wheels (648) (F -250/F- 1350 SRW) * LT275/65Rx18E ESW AIS (TCH) * 17" Forged Polished Aluminum Wheels (F-350 DRW) 1• 19.5" Forged Polished Aluminum Wheels (F450) Options Available: • LT275/70Rx18E BSW AIT, 44 (MX) • LT275/70Rx18E OWL AIT, 44 (TDU) Floor Covering, color -coordinated full carpet With floor mats (16F) • 6* Angular Chrome step bars (NA to Regular Cab) D90L Power Equipment GroupDelete, 0. 1 S $ (250.00), 1 $ (250,00i XLT VALUE PACKAGE (17V) Availability: • Optional on XLT Not available with: • XLT Premium Package (17P) Includes: 17V * Autolock/Auto unlock X 0 $ 1,339.00 1,340.00 • Fog Lamps Power Driver's Seat (eight -way) • Rear under -seat storage (NA wl Regular Cab) • Reverse Sensing System (76R) (not included when ordered w(Pickup Box Delete (66D)) • SecuriCode"I keyless entry keypad (driver's side) ._J DUVAL FORD Page 376 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 DUIVAL FORD Page 377 of 895 ....................................................mm CAMPER PACKAGE (471) Availability: • Optional on XL, XLT Not available with: • 20" Wheels and Tires • Pickup Box Delete (66D) • Heavy -Service Front Suspension Package (67H) *Tremor Off -Road Package 471 Includes: 0 0 $ 159.00 $ 160.00 .Extra heavy -service front springs (4x2) (2 up upgrade above the spring computer selected as a consequence of options chosen. Not included if maximum springs have been computer selected as standard equipment) • Rear auxiliary springs (F-250 only; Std. on 350) • Rear stabilizer bar (SRW only) • Slide -in camper certification F-250 COMPLETE TRAILER TOW PACKAGE — HD Availability: 534 •Optional on XL, XLT, Includes trailer plug 6 or 7 way 0 0 $ 1,445,00 $ 1,446.00 • Includes hardware pack: Class IV Ball Mount, 2" Ball, Sleeve reducer, pin and clip • Recommend Trailer Brake Controller (TBC) (52B) — XL SRW • Recommend Locking Differential Trailer Tow Capcity Upgrade Availability: • Optional on XL, XLT, and Lariat F-250 Not available with: • 10,000 GVWRl9,900 GVWR Pkg. (68D) 535 • Pickup Box Delete (66D) 0 0 $ 1,129.00 $ 1,130.00 Requires: • 6.7L Power Stroke@ Diesel engine (99T) • Trailer Brake Controller (TBC) (52B) — XL SRW includes: • Increase GCW on diesel engine from 23,500 lbs. to 30,000 lbs, • Upgraded axle SNOW PLOW PREP PACKAGE (473) Availability: • Optional on all 4x4 Pickups Not available with: *Tremor Off -Road Package (17Y) • Heavy -Service Front Suspension Package (67H) • Heavy -Service Package for Pickup Box Delete (63R) 473 Requires: 0 0 $ 249.00 $ 250.00 • 44 Includes: • Computer selected springs for snowplow application • 200 Amp Alternator (67D) Options Available: • 240 Amp Alternator (67E) with 6.2L Gas Engine .. . ........... ___ I _L j DUIVAL FORD Page 377 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 F-250 TRAILER TOW HIGH CAPACITY W/ ULTIMATE TRAILER TOW CAMERA SYSTEM PACKAGE AND PRO TRAILER BACKUP ASSIST (53C) Availability: 0Optional on F-250 Not available with: o Pickup Box Delete (66D) Requires: o 6.7L Power Stroke@) Diesel engine (99T) Power Equipment Group (90L) – XL only STX Appearance Package (17S) – XL only • SYNCS} 3 (913) –XL only • Trailer Brake Controller (52B) – XL only 53Q Includes: 0 0 $ 2,784.00 $ 2,785.00 Lane -Keeping Alert Trailer Tow Capcity Upgrade Upgraded Axe Increase GCW on diesel engine from 23,500 lbs. to 30,000 lbs. *Pro Trailer Backup Assist – std on King Ranch@, Platinum and Limited "Ultimate Trailer Tow Camera System – std on King Ranch@, Platinum and Limited — Rear View Camera — 360 Degree Camera System — Rear CHMSL Camera — Trailer Reverse Guidance — LED Center High -Mounted Stop Lamp HEAVY -SERVICE FRONT SUSPENSION PACKAGE (67H) Availability: o Optional on all Pickups Usage: Recommended only on vehicles which will permanently utilize ,aftermarket equipment such as heavy-duty winches, brush guards or other apparatus which loads the front axle to the specified Gross Axle Weight Rating (GAWR) Not available with: o Tremor Off -Road Package (17Y) 67H & Snow Plow Package (473), Camper Package (471) or Heavy- 0 0 $ 124.00 $ 125,00 Service Package for Pickup Box Delete (63R) Includes: e Heavy -service front springs (1 up upgrade above the spring computer selected as a consequence of options chosen. Not included if maximum springs have been computer selected as standard equipment) �NOTE 1: Vehicle rile height will increase w/the addition of this package. NOTE 2: May result in deterioration of ride quality when vehicle is not equipped with front end utility attachment. DUVAL FORD Page 378 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 LlH Engine Block Heater I'll _01. 21$ 99.00 $ 100.00 DUVAL FORD Page 379 of 895 HEAVY -SERVICE PACKAGE FOR PICKUP BOX DELETE (63R) Availability: • Optional on XL and XLT • F-250 and F-350 SRW Not available with: '020" Wheels and Tires, Snow Plow Prep Package (473) or Heavy - Service Front Suspension Package (67H) 63R * Moonroof (Twin Panel) (43V) 0 0 $ 124.00 $ 125.00 Requires: " Pickup Box Delete (66D) Includes: 0Heavy-service front springs (200 lbs, Upgrade above the spring computer selected as a consequence of options chosen. Not included if maximum springs have been computer selected as standard equipment). * Rear stabilizer bar * Rear auxiliary springs (F-250 only; Std. on 350) . . . ...... . Pickup Box Delete (NA F-450; NA Trailer Tow Capcity Upgrade or F-250 Trailer 66D Tow High Capacity w/ Ultimate Trailer Tow Camera System; NA w/ 7.3L Gas Engine 0 0 (100.00) $ (100,00) (99N) or Pro Trailer Backup Assist Package (53Q); req. Long Wheelbase Variants) Included when optional body is selected. — — — - -- __- - - - - ----------------- - - - - - ............... 110,000/9,900 GVWR PACKAGE (68D) Availability: • Optional on F-250 and F-350 SRW Not available with: 68D * Trailer Tow Pkg. – High Capacity (535) 0 0 nc nc "F-250 Trailer Tow High Capacity w/ Ultimate Trailer Tow Camera System Package and Pro Trailer Backup Assist (53Q) Includes: * 9,900 lbs. Gross Vehicle Weight Rating (F-250 SRW) * 10,000 lbs. Gross Vehicle Weight Rating (F-350 SRW) CNG/Propane GASEOUS ENGINE PREP PACKAGE (98F) Availability: on all F-250 and F-350 lROptional equires: e 61L Gas Engine (996) Includes: 98F • Hardened Engine Intake Valves and Valve Seats 0 0 $ 314.00 $ 315.00 • Bi -Fuel manifold NOTE: This package does not include CNG/Propane fuel tanks, lines, etc. Vehicle will be equipped w/the standard factory gasoline fuel system. Additional equipment combined 1w/Certifed calibration reflash is required, from an external upfitter, to convert the vehicle to a CNG/Propane fueled vehicle. LlH Engine Block Heater I'll _01. 21$ 99.00 $ 100.00 DUVAL FORD Page 379 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 DUVAL FORD Page 380 of 895 Transmission Power Take -Off Provision (req. Ten -Speed Transmission; includes 62R Transmission mounted live drive and stationary mode PTO; NA 4x2142" WB; NA F- O 0 $ 279.00 $ 280.00 450142° WB; 6.21. engine req. 4.30 Final Drive Ratio) ........250.00 86A Engine Idle Shutdown - 5 minute O 9 " 0 $ 249.00 $ 8613 Engine Idle Shutdown -10 minute 0 0 $ 249.00 $ 250.00 86C Engine Idle Shutdown -15 minute 0 O $� 249.00 $w 250.00 86D ..� (Engine Idle Shutdown - 20 minute 0 0 $ 249.00 $ 250.00 98R Operator Commanded Regeneration (OCR) (req. 6.71- Power Stroke@ Diesel 0 0 $ 249.00 $ 250.00 engine) - -...mm.. ......... .. 86M Dual Battery (Dual 78 AH; req. 6.2L or 7.3L. Gas engine; reqs. 397 Amp Alternator 0 0 $ 209.00 $ 210.00 (67B) when 7.31. engine (99N) is ordered) BoxLinkTm (includes four (4) premium locking cleats; includes Interface Brackets on 66B XL; Brackets are std when spray -in -bed liner (85S) is ordered on XL; feature is 0 S $ 74.00 $ 75.00 removed when Pickup Box Delete (66D) is ordered on XLT) Audible Lane Departure Warning (req. 66D Pickup Box Delete and Pre -Collision 60C Assist with Automatic Emergency Braking (AEB), Automatic High Beam and 0 0 $ 114.00 $ 115.00 Forward Collision Warning (94P) on XL; NA w/F-450) BLIS@ (Blind Spot Information System) with Cross -traffic Alert and Trailer Tow 60B (BLIS@ sensor in taillamp) (Reqs, Power Equipment Group (90L) on XL; N/A with 0 S $ 539.00 $ 540.00 Pickup Box Delete (66D) 12,000 Ib. Ford Performance Parts winch by Wam (Incl. wireless and wired remote 15W controls; 70 foot high -tensile strength, abrasion -resistant synthetic line; 7.3t. Gas 0 0 $ 2,999.00 $ 3,000.00 engine (99N) requires Dual Battery (86M); 6,7L Power Stroke@ Diesel engine (99T) requires 397 Amp Alternator (6713)), Requires Grill Guard 62M Power -Adjustable Pedals - 0 $ 119.00 $ 120.00 94P Pre -Collision Assist with Automatic Emergency Braking (AEB), Automatic High 0 S $ 114.00 $ 115.00 Beam and Forward Collision Warning 67E 240 Amp Alternator (req. 6.2L engine; 240 Amp; required w/Snow Plow Pkg. (473), S/ S/ $ 84.00 $ 85.00 Upftter Switches (66S) and 110V/400W Outlet (43C) is ordered together) 0 0 6713 397 Amp Alternator (req. Dual Battery (86M) on 7.31. Gas engine (99N) only; NA S/ S/ $ 114.00 $ 115.00 w/6.21. Gas engine (996); required w/41A Rapid -Heat Supplemental Heater) 0 0 I Manually Telescoping, Folding Trailer Tow Mirrors with Power/Heated Glass, X S 54K Heated Convex Spotter Mirror, Integrated Clearance Lamps/Tum Signals nc nc Power -folding with Autofold, PowerScope@ Telescoping, Power Glass Trailer Tow 54F Mirrors with Heat, Turn Signal, High -Intensity LED Security Approach Lamps, Utility X 0 $ 279.00 $ 280.00 Lighting System(LED Side -mirror Spotlights) 66L LED Box Lighting (Incl, LED Center High -Mounted Stop Lamp (CHMSL); NA 66D 0 0 $ 59.00 $ 60.00 Pickup Box Delete) - Trailer Brake Controller (TBC) (Verified to be compatible w/select electric over 52B hydraulic brakes; 7 & 4 -way combo trailer tow socket and bracket deleted w/66D 0 S $ 269.00 $ 270.00 Pickup Box Delete; includes Smart Trailer Tow Connector) DUVAL FORD Page 380 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRVV [F2A] FSA20-VEL28.0 DUVAL FORD Page 381 of 895 5TH WHEEUGOOSENECK HITCH PREP PACKAGE (53M • Five (5) pickup bed attachment points w/plugs • One (1) frame under -bed cross member • One (1) integrated 7 -pin connector on driver's side pickup bed wall • The 5th Wheel/Gooseneck Prep Package (53W) is compatible w/the factory orderable 5th Wheel Hitch Kits (15K and 15L) and Dealer installed Ford Accessories 5th Wheel Hitch kit by Reese - part #BC3Z-19D520-A (8 ft. box only}. The prep package is also compatible w/Reese Signature Series 5th wheel hitch kits updated w/a new Leg Service Kit - Part# BG3Z-A00A25-A (8 ft. box only) • The 5th Wheel Hitch KR -15K, 5th Wheel Hitch Kit -15L and Dealer installed Ford Accessories 5th Wheel Hitch kit by Reese - part # BC3Z-1 913520-A is not released 53W to the short box (6.75 ft. box) NOTE: The short pickup box provides less clearance 0 0 499,00 $ 500.00 lbetween the cab and 5th wheel trailer compared to "long box* pickups. The receiver centerline of the hitch should be mounted at least two inches forward from the rear - axle of the truck chassis. When selecting a trailer and tow vehicle, its critical that this combination provide clearance between the cab and tow vehicle for turns up to and including 90 degrees. Failure to follow this recommendation could result in the trailer contacting the cab of the tow vehicle during tight turns. Gooseneck Hitch Compatibility: lo The 5th Wheel/Gooseneck Prep Package (53W) is compatible only w/the factory orderable Gooseneck Hitch Klt-1 5J, Gooseneck Dual Hitch Kit -15E or Dealer - installed Ford Customer Accessories Gooseneck hitch by Rem - part # BC3Z- 19F503-A (8 ft. box and 6.75 ft. box) 18B Platform Running Boards 10 0 - - — — --------- $ 319.00 $ 320.00 Center High -mounted Stop Lamp (CHMSL) (F-350 only; CHMSL is deleted from 59H !vehicles over 10,000 lbs. GVWR with 66D Pickup Box Delete; replaced with a black S/ S1 nc �cover; to add CHMSL with 66D Pickup Box Delete, select 59H. CHMSL is standard 0 0 under all other conditions.) . 153 Front License Plate Bracket 0 O ................................ nc REAR VIEW CAMERA AND PREP KIT (872) Availability: o Optional on XL and XLT Requires: o Pick Up Box Delete (66D) Pre-installed Content Includes: • Cab Wiring 872 • Frame Wiring to the rear most cross member 0 0 $ 414.00 $ 415.00 lo Video Display - 4" display when ordered �- 8" display when ordered with SYNC@ 3 Upfitters kit Includes: • Camera with mounting bracket • 14' jumper wire o Camera mounting and aiming instructions 5_95 Halogen Fog Lamps (req, A Decor Group (17F) on XL) 129.00 $ 130.00 DUVAL FORD Page 381 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 DUVALFORD Page 382 of 895 Rear CHMSL Camera (display in center stack screen; includes LED Center High - 873 mounted Stop Lamp (CHMSL) with Cargo Light and Rear Video Camera; INA w/Pickup Box Deleted (66D), Individual Trailer TPMS/'Customer/Placed Trailer Camera (653) or Customer/Placed Trailer Camera (6513)) ULTIMATE TRAILER TOW CAMERA SYSTEM W/ PRO TRAILER BACKUP ASSIST PACKAGE (53R) • Optional on XL, XLT, and Lariat • Standard on King Ranch@, Platinum, and Limited Not available with: * Pickup Box Delete (66D) * Power Equipment Group (90L) — XL only * Trailer Brake Controller (52B) — XL only Includes: * Pro Trailer Backup Assist Lane -Keeping Alert Ultimate Trailer Tow Camera System Rear View Camera 360 Degree Camera System Rear CHMSL Camera Trailer Reverse Guidance LED Center High -Mounted Stop Lamp 85G Tail�,qate Step, ncludes, step. and,handle; NAwi Pickup Box DeleLej 0 0 $ 374,00 $ 375.00 858 "�� Tough Bed@ (spray -in bei includes tailgate -Guard, black box bed tie -down 0 0 $ 594.00 $ 5951,00 hooks and black bed attachment bolts; NA w/66D Pickup Box Delete) 43B :: Defrost with Fixed and Privacy Glass (Privacy Glass is standard on XLT; XL req. 0 0 $ 59.00 $ 60.00 Privacy Glass (924) and Power Equipment Group (90L)) 43C 11 OV140OW Outlet (with 40/20140 seats, there is one in -dash mounted OU d tlet; tj outlet in the console req. 40/Console140 seats; req. 200 Amp Alternator (67D)) Floor Covering, oolor-coordinated full carpet with floor mats (reqs, STX Appearanc 16T Floor Mats, All -Weather $325 for four piece 0 $ 164.00 $ 165.00 41A 'Rapid -Heat Supplemental Cab Heater (Optional in all states with 67L Power 0 0 $ 249.00 $ 250.00 Stroke@ Diesel engine) 76S Remote Start System, (req. 90L Power Equipment Group) 0 0 $ 249.00 $ 250,00 76R Reverse Sensing System (NA w/66D Pickup Box Delete) $245 witi�X_LAftermarket 0 0 $ 294.00- $ 295.00' for use with service body applications: $625 66S Upfitter Switches; (6) (Located in overhead console; req. 200 Amp Alternator (67D)) 0 0 $ 164.00 $ 165.00 DUVALFORD Page 382 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 DUVAL FORD Page 383 of 895 SYNC@ 3 — Enhanced Voice Recognition Communications and Entertainment System — 8" LCD Capacitive Touchscreen in Center Stack with Swipe Capability — Pinch -to -Zoom capability included with available Voice -Activated Touchscreen Navigation System 913 47 productivity screen in IP cluster 0 S $ 449.00 $ 450.00 AppLink@ 911 Assist@ Apple CarPlay1m and Android AutoT11 Capability Smart -Charging USB -C ports — two (2) Includes 11 OV/40OW Outlet (43C) Reqs. Power Equipment Group (90L) on XL only; NA w/Rear CHMSL Camera (873) on XL 398 SiriusXM@ Radio 0 S $ 184.00 $ 185.00 adds one (1) IJP mounted center speaker on XL and XLT only . . ............. ......... . . . ... . ... Voice Activated Navigation with HD and SiriusXM Traffic and Travel Link§ (included 21 N w/96U Lariat Ultimate Pkg.) X 0 $ 569.00 $ 570.00 Note: SiriusXM Traffic and Travel Link@ includes a 5 -year prepaid subscription. 1 Cloth, 40/20/40 Split Bench 0 X $ 99.00 L $ 100.00 L Vinyl, 40/Mini-Console/40 711 0 i $ 354.00 $ 355.00 451oth, 40/Mini-Console/40 0 -1 X - $ 514.00 $ 515,00 ,XL DECOR GROUP (17F) Availability: • Optional on XL (Fleet only) Inoludes: 17F e Bright chrome hub covers and center ornaments (SRW and 64J 0 X $ 2119.00 1 $ 220.00 (DRW Wheel only) * Chrome front and rear step bumper NOTE: Does not include rear bumper when ordered w/66D Pickup Box Delete 525 Cruise Control (steering wheel -mounted) Included in packages 17s, 96v 0 X $ 234.00 $ 235.00 Daytime Running Lamps (DRL) (the non -controllable 942 Daytime Running Lamps 942 (DRL) replace the standard Daytime Running Lamps (DRL) (On/Off Cluster 0 0 $ 44.00 $ 45.00 Controllable) 51X Spare Wheel and Tire Delete,falso deletesjack and frame -mounted carder) 0 X $ (25,00) $ X25.00) 926 Speed Limitation — 65 -mph governed top speed0 0 $ 79,00 $ 80.00 927 Speed Limitation — 75 -mph governed to speed . . . ......... 0 - 0 $ 79.00 $ 80.00 18A U,pfitter Interface Module O O 2900 $ 295,00 191 Aluminum Crossbtd °f oolbo!J— NA wiftkup Box Delete (f 01 0 544.00 $ 575,00 19K Premium Aluminum Crossbed Toolbox by Weather Guard — NA w/ Pickup Box 0 $ 789.00 $ 790.00 ................... 1Delete (66D) Customer -Placed Trailer Camera (req. Ultimate Trailer Tow Camera System; w/Pro 65B Trailer Backup Assist Package (53R) or F-250 Trailer Tow High Capacity X 0 $ 374.00 $ 375.00 w/Ultimate Trailer Tow Camera System and Pro Trailer Backup Assist Package (53Q); NA w/Rear CHMSL Camera (873) 1 1 DUVAL FORD Page 383 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 65A Individual Trailer TPMS (Includes four (4) TPMS sensors) X 0 $ 499.00 $ 500.00 Individual Trailer TPMS/Customer-Placed Trailer Camera (req. Ultimate Trailer Tow Camera System; w/Pro Trailer Backup Assist Package (53R) or F-250 Trailer 653 Tow High Capacity w/UlUmate Trailer Tow Camera System and Pm Trailer X 0 $ 724.00 $ 711,10 1Backup Assist Package (53Q); NA w/Rear CHMSL Camera (873)) Note: Trailer TPMS sensors only compatible on wheels with a .452' diameter valve stem 52R Stowable Load! ng Ram ps (NA with Alu minum Toolbox (19.1/11 9K); reqs. second u nit 0 0 $ 694.00 $ 695.00 body) .... 87H Hood Deflector - Black Molded 0 0 129.00 $ 130.00 85L Drop-in Drop-in Bedliner (NA with all Gooseneck features (53W, 15E, 15J, 15K), 66D Pickup 0 0 $ 349.00 $ 350.00 21D Tonneau Pickup Box Cover- Soft Folding (NA w/Aluminum Crossbed Toolbox 0 0 $ 524.00 $ 525.00 (11 9J11 9K), Stowable Loading Ramps (52R) or Drop-in Bedliner (85L) 21 E Tonneau Pickup Box Cover - Hard Folding (NA w/Aluminum Crossbed Toolbox 0 0 $ 994.00 $ 995.00 (1 9J11 9K), Stowable Loading Ramps (52R) or Drop-in Bedliner (85L) 21J iToolbox 0 Tonneau Pickup Box Cover - (52R) 0 $ 1,694.00$ 1,695.00 (19J/19K), Stowable Loading Ramps or Drop-in(85L) 61L Wheel Well Liner, Front 0 0 179.00 $ 180.00 61M Wheel Well Liner, Rear (avail. on F-250 and F350 SRW only; NA w/66D Pickup Box 0 0 $ 179.00 $ 18U0 Delete) 61 N Wheel Well Liner, Front/Rear (avail. On F-250 and F350 SRW only; NA w/66D 0 0 $ 324.00$ 325.00 Pickup Box Delete) 85M Bed Mat (NA with all Gooseneck features (53W, 15E, 15J, 11 5K), 66D Pickup Box 0 0 $ 149.00 $ 150.00 Delete, 85L Drop-in Bedliner or 85S Tough Bed® (spray -in bedliner) 61S Splash Guards/Mud Flaps Front (reqs. Splash Guards/Mud Flaps Rear (62S) for 0 0 $ 129,00 $ 130.00 F250 SRW) ' 21X Vehicle Safe by Console Vault (reqs. Seat -Bucket 40/console/40 X 0 $ 329.00 $ 330,05 76C Exterior Backu Alarm, Ma be dealer installed0 ............. .. . 0 $ 139.00 $ 140.00 . .. .. ......... . 151 Gooseneck Hitch Kit -15J (req, 53W 5th Wheel/Gooseneck Hitch Prep Package; 0 0 $ 249.00 $ 250.00 Available F -250/F-350 only; NA w/85L Drop-in Bedliner or 85M Bed Mat) Wheel Hitch Kit -15L - includes 19k rated hitch for SRW. (req, 53W 5`h 15L Wheel/Gooseneck Hitch Prep Pkg. and 8 -ft. box; NA w/85L Drop-in Bedliner or 85M 0 0 $ 1,094.00 $ 1,095.00 Bed Mat 15K . .......................... Wheel Hitch Kit -1 5K - (req. 53W e Wheel/Gooseneck Hitch Prep Pkg, and 84 0 0 $ 1,494.00 . . ..... $ 1,495.00 'box; NA w/85L Drop-in Bedliner or 85M Bed Mat) (31 Ship Thru Qualified body modifier. Includes second stage mso, body certification 0 U U 0 625 00 $ 625,00 NA NA Stage MSO required for Tag. label and pre -delivery inspection, Second Stage MSO required for Tag. i 1 10 i IN ill 1:111111 Stre mlight Rechargeable Stinger Flashlight -75712 0 18 89,00 NA 1HMS15rX)PP 11 �500 Watt Inverter with Dash Switch- includes TH0002 $ 396.00 NA TI-PSOS 750 Watt Inverter with Dash Switch- includes Tll40oo2 .......... 0 0 $ 596.00 NA TH I DO 0 1000 Watt Inverter with Dash Switch b t3 $ 672.00 NA TH Soo 1500 Watt Inverter with Dash Switch- includes TH0002 0 0 $ 695.00 NA 2000 Watt Inverter with Dash Switch 0 0 $ 796.00 NA TH3000 3000 Waft - inverter with Dash Switch. 966.00 N'A DUVAL FORD Page 384 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 OSI-12/120ON Dimensions 1200 watt Pure Sine Wave 0 0 $ ...... 1,495.00 NA IDS] -REMOTE Remote control for Dimensions O O $ 145.00 NA USB, (phone HD Charge Wire for (phone -USB (PHONE O goo NA .9 Android HD Charge Wire for Android -USB ANDROID 0 0 $ 39.00 NA SAFET Safety Kit Incl, First Aid Kit, Triangle Kit & Fire Extinguisher (Specify monting O 0 $ 276.00 NA location) 13500T,, PET449,_6430 SAFET2 First Aid, Fire Extinguisher (specify moutning location) and Road LED Kit- O 0 $ 536.00 NA 6430, B500T, 1140-4PACK VYTM 2 All Weather Laser Cut Floor Mats- 2 Piece 0 0 $ 215.00 NA VvTTCvI 4 All Weather Laser Cut Floor Mats- 4 Piece $ 290.00 NA CONSOLE/ LAPTOP CC -MC -14 -FT- 14"" Basic Console Package: 4" Dual Beverage Holder, Console Tray, 2 -DC MO Outlets, 1- Dual USB Port Faceplate, Height Adjustable Arm Rest (SPECIF$ 771.59 NA K RADIO MODEL AT THE TIME OF ORDER 16" Wide Body Console with Open Storage on Side of Console: 4" Dual CC-WBOS-16- Beverage Holder, Console Tray, 2 -DC Outlets, 1- Dual USB Port Faceplate, 0 0 $ 910,59 NA FT' -K Height Adjustable Arm Rest (SPECIFY RADIO MODEL AT THE TIME OF ORDER 20" Wide Body Console with Open Storage on Side of Console: 4" Dual CC-WBOS-20- Beverage Holder, Console Tray, 2 -DC Outlets, 1- Dual USB Port Faceplate, 0 O $ 923.70 NA FT -K Height Adjustable Arm Rest (SPECIFY RADIO MODEL AT THE TIME OF ORDER' 16" Wide Body Console Package with Open Storage on Side of Console: 4" CC-WBOS-16- Dual Beverage Holder, Console Tray, 2 -DC Outlets, 1- Dual USB Port 0 0 $ 1,035.17 NA FT -FB Faceplate with Lidded File Padded Box (SPECIFY RADIO MODEL AT THE TIME OF ORDER ..� ! CM -F15 -SA -KIT LapTop Stand Passenger side mounted with Universal Computer Tray O O $ 748.44 1 NA t MT -SL La Lap Top Mount with Easy One Handed Slide Arae and Universal Computer '06000W, 0 O $ 766.82 NA KI _ ira , Q's wh n ord0fin T1101 err - •" Vint Shades -��- C 0 $ 183.00 ' NA PINTLE BC Pintle Ball Combination 2 5116" with Adjustable Shank 0 0 $ 350.00 NA PtNTLE FX Pintle Ball Combination 2 5116" with Fixed Shank 0 1 0 $ 285.00 NA ,BOARDS R Aries 3" Tubular Running Boards- Black 0 O $ 495.00 NA BOARDS C Aries 4" Oval Running Boards- Black O 10 $ 515,00 NA ...- lS Bug Shleld 0 0 $ 140.00 NA 139 5,K RKE Programmed Integrated Key Transmitter Fob 0 0 $ 350.00 NA 140 3K PATS Programmed Key with Pats Technology, Fleet Key 0 0 $ 225.00 NA 141 TONE Ttwo tone for a two door truck from belt line over roof 0 0 $ 1 „896.00NA 142 2 TONE D Two tone for a four door truck from belt line over roof O 0 $ 1,496.00 NA 143 CAMLOC Relocate factory camera 0 O $ 285,00 H 144 F' A_CKZONE Reverse Sensing System, Dealer Installed 0 0 $ 445.00 NA 4ray SI3 - HD Spray In Bedliner, Includes Compartment Tops, Inteeior and Tailgate ....... O 0 $ 955.00 NA Spray BR HD Spray in Bedliner on Bumper O 0 $ 220.00 NA Spray ESV HD Spray in Bedliner for Enclosed Servie Body, Includees Floor and 16" up O 0 $ 1,905.00 NA side walls . ucoat Under Coating.. O 0 $ 870.00 NA DUVAL FORD Page 385 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 DUVAL FORD Page 386 of 895 Procomp Nitro 3.5 inch level kit 18x9 Procomp wheels or equal 35x12.50R18 Ni=o Trail Grappler Tires PROCOMP A 3 inch black tube side steps O O $ 5,475.00 NA Speedometer Calibrator Labor & Alignment 3/36k' its & labor warran Procomp 6 inch suspension lis Dual steering stabilizer 18x9 Procomp wheels or equal i PROCOMP B 35x12.50R18 Ni=o Trail Grappler Tires 0 0 $ 6,950.00 NA 3 inch black tube side steps Speedometer Calibrator Labor & Alignment 3136K marts & labor warrant Level Leveling Kit, Raises the Factory Front 2" 0 0 $ 1,700.68 NA TINT 1 Window Tint On Front 2 Windows Including Windshield Strip O 0 $ 265.00 NA TINT 2 Tint All Windows 4 Door Including Windshield Strip O 01$ 385.00 NA' d "INT 3 m. Limo Tint 4 Doors Including Windshield Strip o 0 ; $ 465.00 NA DECAL 1 1 Graphics- Basic Fleet Package O 10 Call For Price NA DE 2 Graphics- Customized Package With Unit numbers (5-0-', Call For Price NA 49 157 NITRO Nitrogen Filled Tires In Lieu Of Std. Factory Fill Fuel Economy Saver Due O O $ 245.00 INA To Tire Pressure Consistency, On Ground 158 BRILL GUARDS AND WINCHES 59 3905" Westin HDX Wrap Around Grille Guard with winch plate 0 10 $ 1,205.00 NA,' .i Westin HDX Wrap Around Grille Guard without winch plate O O $ 1,195.00 NA 1161 N 'A- Warn wrap around grip guard with winch plate 88240, 98080, 98090, 98095 0 0 $ 1,550.60 NA 162 703,250 8000# Warn Winch with Remote 0 O $ 907.87 NA 10.252 10000# Warn Winch with Remote O O $ 958.53 NA 9 D 2fA 12000# Warn winch with Remote O O $ 1,079.77 NA CAB SHIELDS CABSHLD Sterling Cab Shield with Mesh Window, Includes Black Pwder Coating 0 0 $ 630.60 NA H950FSD CABSHLD B ....--. Sterling Cab Shield with Mesh Window, Includes Black Pwder Coating and 0 O $ 656.20 NA Beacon Provision' H950FSDE a - CABSHLD L Sterling Cab Shield with Mesh Window, Includes Black Pwder Coating and 0 0 $ 681.20 NA M" LI.,htbar Provision�H950FSDFi CABSHLD A Sterling Cab Shield, Aluminum [HA951 FSDFJ 904.60 f A. i BACKRACK Back Rack Light Duty Louvered Headache Rack- 15018, 30221 580.50 NA (LIGHTING: Additional lighting options located in lighting su 100$ (u rnent.LEDSPOT LED Pillar Mounted Spotlight- 325PL-0002,189, P46SLC 695.00 NA GILITE LED Permanent Mount Go -Light brand spot light 20074GT 725.00 NA ., .............. ......... 3RD Brake Light Safety Pulse (Pulses 3rd brake light (4) times upon SBL application of brake pedal to increase driver awareness behind you when 0 11 0 $ 279.00 NA sto•)inr' . LED PKG 1 4 Corner Flashing System (2 Surface Mounted In Grille , 2 In Tail Lights) Corner.em (2 O 0 $ 675.00 ' NA a of order MCRNS*, MCRN81, VTX609* S color attime LED PKG 2 16" Mini Whalen Led Century Light Bar - Amber light with Amber Lens- 0 0 $ 495.00 NA MC16PA LED PKG 3 16" Mini Whelen Led Century Light Bar - Amber light with Clear- MC16PCA 6161$ 550.00 NA DUVAL FORD Page 386 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 77777777- LED PKG 4 16" Mini Whelen Led Century Light Bar - Amber/white lights with Clear Lens -178 - ............... O O $ 550.00 NA MC16PF 179 PKG 5 23" Mini Whelen Led Century Light Bar • Amber fight with Amber Lens - 0 O $ 69500 NA MC23PA 180�LED PKG 6 23" Mini Whelen Led Century Light Bar -Amber light with Clear- MC23PCA 0 O $ 695.00 NA 181 L 11 ED PKG 7 23" Mini Whelen Led Century Light Bar - Amber/white lights with Clear Lens- O O $ 695.00 NA MC23PF 54" Fully Populated Whelen Justice Light Bar, 6 -Switch Controller & 4 Corner 182 1 ED PKG 8 Flashing System With Mounting Hardware (Specify color at time of order) O 0 $ 3,002.00 NA JV2"*** PCC6W, MORNS*, MCRNBI, VTX609* 54" Fully Populated Liberty 11 Light Bar, 6 -Switch Controller & 4 Comer LED PKG 9 Flashing System With Mounting Hardware (Specify color at time of order) O 0 $ 3,022.00 NA IW2****, PCC6W, MCRNS*, MCRNBI, VTX609* Interior Flashing System; (2) SOLO Avengers In Headliner, (2) SOLO ` LI21) PKG 10 Avengers In Rear Deck, 4 Corner Flashing System with Single Mounted O 0 $ 1,754.00 NA Controller (Specify color at time of order) AVC11*, MCRNS*, MCRNBI*a 11 VTX609*, Premium Interior Full Width Flashing System Front and Rear With 185 LED PKG 11 Directional Functions, 2 -Hideaway Grille Lights, 2- Flashing Tail Lights, O 0 $ 3,400.00 NA Siren/ Controller, S peaker and Mountin , Brackets 54" Fully Populated Whalen Justice Light Bar, Siren/ Controller, Speaker & 4 ED PKG 12 Corner Flashing System With Mounting Hardware- JV2****, SA315P, O O $ 2,863.00 NA MCRNS*, VTX609* 54" Fully Populated 'Whelen Liberty 11 Light Bar, Siren/ Controller, Speaker & ;CED PKG 13 4 Corner Flashings System With Mounting Hardware- IW2****, SA315P, O 0 $ 3,350.00 NA IC-R/�IS* VTX609* 8" M r " 189 TOOLBOXES ISS -71 LP Low Profile HD King Size Aluminum Toolbox with Low Profile Locking Lid O O $ 615.00 NA and U - raded Camlock Handles UWST13-69 Low Profile HD King Size Aluminum Cross Body Toolbox with Gull Wing Lids 0 0 $ 613.00 NA AUWTBS48 HD Aluminum Side Mounted Toolbox 48" Long, Price per side 0 O $ 480.00 NA A fBS-72 HD Aluminum Side Mounted Toolbox 72" Long, Price per side 0 , 0 $ 509.28 NA Wt" GW TI3 Weather Guard 114-0-01 Gull Wing, Aluminum, Full Extra Wide - 0 0 $ 1,235.85 NA Ri AND Tool and fuel: tJTS T1"101 100 Gal capacity with meter, electric pump and O O $ 2,296.00 hi./ 30' hose . Diesel Fuel only, )EDSLIDES SLIDE 1000 MAN 1000 LB Capacity Cargo Glide Bed Slide [CG1000 8048/9548] O 0 '� 1,469"'0'7 �. SLIDE 1200 1200 LB Capacity Cargo Glide Bed Slide [CG 1200 8048/9548] O O $ 1,698.64 NA SLIDE 1500 1500 LB Capacity Caro Glide Bed Slide [CG 8048/9548] Y g [ O O o $ 1,762.12 A Extendo 15 1500# Capacity Extendo Bed for [EB 1 575/EB 1590] O 0 $ 2,699.00 NA Extendo 20 Extendo 2000# Capacity Extendo Bed [EB2075]EB2090] O 0 $ 2,863,00 NA EX`7ANG SFT ..... Extang Tri Fold Locking Bedcover, Soft [92486/92488] O O $ 659.00 NA ,IG FID Extang Tri Fold Locking Bedcover, Hard [83486183488] Q 0 1,230.00 NA t'�'�PANES [Require Reinforced body or Crane Body] A31C 3,000 Lb Auto Crane EHC3 PRX- Hardwired Control, Boom Rest, Auxiliary 0 0 $ 15,200.00 NA Batt , Circuit Breaker and Crane Annual Inspection Decal LC3K -.- 3,000 Lb. Liftmoore Electric Crane 3612REE- Hardwired Control, Boom 0 0 $ 14,300.00 NA Rest, Auxiliary Battery, Circuit Breaker and Crane Annual Inspection Decal,, --....... 1K 3,000 Lb, Stellar EC3200- FM CONTROL, Boom Rest, Auxiliary Battery, O 0 $ 13,800.00 NA Ni Circuit Breaker and Crane Annual Inspection Decal DUVAL FORD Page 387 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 VC3K 3,000 Lb. Venturo ET12KX- HARDWIRED CONTROL, Boom Rest, Auxiliary 0 0 $ 14,900.00 NA Batte!y, Circuit Breaker and Crane Annual InsLoection Decal Battu, 'VC3K FM 3,000 Lb. Venturo ET12KXXP-16 FM CONTROL, Boom Rest, Auxilia�i—j- 0 0 $ 16,400.00 NA Battteiry, Circuit Breaker and Crane Annual Ins action Decal B — 'REINFORCE Body Reinforcment on Knapheide service body or flatbed for use with 3000# �cranes. 0 0 34 0. NA U Includes one outriiiiii er . ............. .... 1 ER OVERS TOPPERSCo' FCHT High Fiberglass Topper with Sliding Side Windows. 0 0 $ 2,041.00 NA 'y AKI k R Rack with Adjustable Round Bars a ima 0 f 0 0 515.60 ,FCHT OPT 1 Fiberglass Toolbox with Shelf for Cab High Toppers Only (Each) 0 O $ 565.00 NA FCHT OPT 2 Glass Side Windoors Flip out for easy access, req topper mc O O $ 495.00 INA FCHT OPT 3 Solid Painted Windoors for added security. req. topper mc 0 O $ 635.00 NA FBI Ranch legacy series fiberglass painted bad lid, dual shock, black powder 0 0 [$ 1,935.00 NA coated hardware. single lock with two keys Cargo Viz Two white led steady burn lights inside pickup bed for closed cover visibility 0 01$ 362.00 NA AR,&LSIIA.R.E. LSII Series Tonneau Cover 0 0 2,165.00 INA ARE -4 A.R.E. V Series Fiberglass Topper. Includes front, side, and rear windows. 0 0 $ 2474.00 , NA ARE-DCU i A.R.E.DCU 23"Tall . Includes hatch rear door with T -lock, rear tinted 0 0 $ 3,395.00 N_ A window, full length tool box on each side, and _ _-j— RETRAX Retrax retractable bed cover for 6 3/4 foot bed. NA for Elft bed 0 0 $ 1,550.00 NA deli N Lock ��Il N lock retractable bed cover [LGISMI LGI52MI 0 0 $ 14596.00 lVA Require [(31*) Ship Thru option and Camera Relocate] ,T0S;'TPV 1300# Tommy Gate G2 60 1342 TP27 Steel Platform 0 0 $ 3,440.00 NA rGA TP27 1300# Tommy Gate G2 60 X 27 Aluminum 0 $ 4,050.00 NA ,TG$ TP38 . . . . . . . . . . . . . . . 1300# Tommy Gate G2 601342 TP38 2 Piece Steel Platform ["6" 'o $ 3,625.00 NA TGA EA38 1300# Tommy Gate G260 1342 EA38 2 Piece Aluminum 0 0 $ 4,210.00 NA 1500# Tommy Gate G260 1642 TP27 Steel Platform o '-6- t- 3,625.00 Na, 1500# —Tommy Gate G260 1642 TP38 2 Piece Steel 0 0 $ 3,810.00 NA 1500# Tommy Gate G260 1642 EA27 Aluminum 0 0 $ 3,925.00 NA J" 1;,IfR r7i"130 1500# Tommy Gate G260 1642 EA38 Aluminum 2 Piece 0 $ 4,390.00 NA 500# Tommy Gate G260 1642 EA48 Aluminum 2 Piece 10 10 0 1 $ 4,700.00 INA THS 1500 Thieman 1500# TTI 5ET 56 X 26 Steel 1 Piece 0 0 $ 4,000.00 NA 11-jS 1500 B Thleman 1600# TT1 5ET 56 X 42 Steel 2 Piece 0 O _$4,45{3.00 NA THA 1500 Thieman 1500# TT15ET"56 X-26 Aluminum 1 Piece 0 0 $ 4,350.00 NA THA 1500_B Thleman 1500# TT1 5ET 56 X 32 Aluminum 2 Piece O 0 $ 4,800.00 NA THA 1500 6— Thieman 1500# TT1 5ET 56 X 44 Aluminum 2 Piece O 0 $ 5,240.00 NA omRACKS Si -R Single Side Ladder Rack, Aluminum 0 0 $ 1,1120.00 NA j�a_tftck S ,,Over Cab Material Rack, Steel 0 0 $ 2,190.00 NA rZ_tRack T3_ver —Cab Material Rack, Aluminum 0 0 $ 2,640.00 NA �WlRack SB " Over "Cab "Material Rack with Basket, Steel 0 Ol$ 2,690.00 NA r0alRack, AB Over Cab Material Rack with Basket, Aluminum 0 Cab Material F 0 $ 2,950.00 NA DAKOTA SERVICE BODY E OT 77 NA 987 ,jr 8VVSS Dakota 8ft SRW "SB" Svc Body - Steel a 0 8ftS 0 Call For Price NA VV SBG9878FF Dakota 8ft SRW "SB" Svc Body - Steel w/ Fliptop Lids 0 0 Call For Price NA DUVAL FORD Page 388 of 895 EPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28P. WV8 SS ... tSBA9878VVFF G9878VVSS ..�.. 252 Masterlock Dakota 8ft SRW "SB" Svc Body -Aluminum Dakota 8ft SRW "SB" Svc Body - Aluminum w/ Fliptop Lids a 8ft SRW Crane Body. Supports a 1,000 to 4,000 -pound capacityCall crane. ** Add raised front compartment for $950 (specify streetside or curbside Dakota Masterlocking option for Dakota `SB" Svc Body O 0 O Q O O 0 Q Call For Price Call For Price Far Price Call For Price Call For NA NA NA NA Alec Lock Dakota Remote Lock Electronic Remote Lock Kit for Dakota "SB" Svc Body O O Price N 254 Comp Lite LED Compartment Light - LED strip lighting in each compartment option O 0 Call For Price NA 255 1 =KNAPHEIDE SERVICE BODY 256 1 /S B 6 3/4 Knapheide 680/682 40/42" CA (Requires Option 31V Ship Through) 0 0 $- 8,600 NA SSB 6 3/4 knapheide 68OF1682F Flip Top 40/42" CA (Requires Option 31V Ship 0 0 $ 9,500.00 NA Throu h' 2580 11SB 8' Knapheide 696 SRW 56" CA (Requires Option 31V Ship Through) 0 0 $ 8,675.00 NA SSB F 8' Knapheide 696F SRW Flip Top 56"CA , 37" Body Height (Requires Option 0 O $ 9,550.00 VA 31V Shl Throu h, 8SB FT 8' Knapheide 696F40 SRW Flip Top 56" CA 41" Body Height (Requires260 O O $ 9,640.00 NA O tion 31V Ship Throu h 7AB Knapheide Aluminum Utility Bodies, A682 F250 40" CA. Includes Step 0 Q $ 11,900.00. NA Bumper, LED Tail Lights, Interior and Exterior Paint`Onl` for 6 3/4` Bed` 8AB Knapheide Aluminum Utility Bodies, A698-2 56" CA. Includes Step Bumper, 0 O $ 12,500.00 NA LED Tail Li+ hts, Interior and Exterior Paint BAB F Knapheide Aluminum Utility Bodies, A698F-2 FLIP TOP 56" CA. Includes 0 Q $ 13,800.00 NA §,u er LED Tail Li `hts, Interior and Extenor Paint 8AB FT Klepnapheide p Aluminum Utility Bodies, A698F40-2 FLIP TOP 56" CA. Includes r O O $ 14,000.00 NA Ste' Bum r, LED Tail Lights, Interior and Exterior Paint Ksb OPT 1 Knaphelde Master Locks 0 0 $ 645.00 NA Ksb OPT 2 Compartment Lighting 0 0 $ 610.00 NA Ksb OPT 3 LED Tailights0 O $ 425.00 NA Ksb OPT 4 Electric Locks 0 O $ 1,336.00 NA Ksb OPT 5 Single Point T Handles 0 '0 $ 395.00 NA Ksb OPT 6 Knapheide Factory Paint 0 O $ 1,275.00 NA Ksb OPT 7 Pull Out Shelves (each) 0 O $ �� 615.00 .........�_ NA Ksb OPT 8 Pull out Tray 0 0 $ 875.00 NA Ksb OPT 9 Stationary Shelves Q 0 $ 216.00 NA Ksb OPT 10 Spare tire retainerO 0 $ 250.00 NA K,sb OPT 11 D Rings in Cargo Area 0 O $ 440.00 NA Ksb OPT 12 Paint Compartment Interior 0 O 1,300.00 NA Ksb OPT 13 5 Drawer Mechanics Tool box 0 0 $ 1,936.00 NA Ksb OPT 14 Treadplate Overlay Compartment Tops O 0 $ 1,100.00 NA ib OPT 15 Treadplate Overlay Cargo Area 0 0 $ 1,100.00 NA Ksb OPT 16 Led Work Lights (2) 0 O $ 550.00 NA Ksb OPT 17 Grab Handles (2) 0 0 $ 276.00 NA ` Ksb OPT 18 Cable Step 0 0 $ 295.00 NA ' Ksb OPT 19 6" Wilton Vise 0 0 $ 525.00 NA '+ Ksb OPT 20 Vise Bracket 0 O $ 209.00 NA ` Ksb OPT 21 w..... Mud & Stone G. Guard J O 10 $ .. ..... 250.00 NA DUVAL FORD Page 389 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] 0 0 B 45 FSA20-VEL28.0 Ksb OPT 22 E Track In Cargo Area 0 0 $ 450.00 NA Ksb OPT 23 3 Tool Shovel Rack 0 0 $ 325.00 NA Ksb OPT 24 Tail Shelf Bumper 16" 01 0 $ 1,350.00 NA Ksb OPT 25 Cone Holder 0 0 $ 217.00 NA 290Ksb OPT 26 !2 . . ..... . . ... . ... HD Folding Cone Holder P 0' 01$ 432.00 . . . ........ NA 291 sb OPT 27 9 Igloo Cooler Mount 10 0,$ 225.00 Nh 292 sb OPT 28 Igloo Cooler 0 ols 110.00 60"11� NA 293 MACHINES AF SLU98ASW 8' Reading SL Service Body for SRW (Requires 31 B Ship Through) 0 0 2194 Ksb OPT 29 Tanair Pro Compressor/Generator, 20 CFM, 5000 Waft 0 0 295.00 NA 295 b OPT 30 20 CFM Gas Air Compressor and Reel o 0! $ 5,380.00 NA 71<sb OPT 31 VMAC VR70 Gas 0 0 $ 12,500.00 NA Ksb OPT 32 VMAC VR70 Diesel Application 0 0 $ 15,100.00 NA Ksb OPT 33 Enoac Welder Generator Compressor, Diesel 0 0 $ 21,030.00 NA sb OPT 34 Enpac Welder Generator Compressor, Gas 0 O- $ 16,540.00 NA 1111111111M, Ksb OPT 35 Willer Bobcat 250 Welder 0 0 $ 9,490.00 NA AF U98A SW 8' Reading Classic 11 Service Body for SRW (Requires 31 B Ship Through) 0 0 B 45 9,553.00 NA L-Uw 18' Reading Classic 11 Aluminum Service Body for SRW (Requires 31B Ship LED Tail lights and Step Bum pqr 0 $ 10,600.00 NA Through� B 51 Includes Master Lock, Interior Dome Light, Solid Rear Doors, (2) Rear Shelf 0 0 $ 13,300.00 NA AF U98A —SW 8' Reading Classic 11 Service Bodywith Flip top Lids for SRW (Requires 31B 0 0 $ 11,743.00 NA SML Ship, Throuqh� 0 0 $ 13,570.00 NA Doorspe .a LED Tail fights and Stop Bumr ,AF AL -98A DW .............. 18' Reading Classic 11 Aluminum Service Body with Flip top Lids for SRW 0 0 12,2963 00 NA SM J,'Reqvires 31B Sh!gThrou, hj GA' . .......... . '18' Knapheide Aluminum Gooseneck Flatbed RW 0 0 1 $ 8,500.00 NA AF SLU98ASW 8' Reading SL Service Body for SRW (Requires 31 B Ship Through) 0 0 $ 8,462.00 NA SL 21201 AF 8' Reading SL Service Body with Flip top lids for SRW (Requires 31 B Ship 7T'hroughl 0 0 $ 9,460.00 NA SL rc 1 Rsb, OPT 1 Reading Compartment Lighting 0 0 $ 758.00 NA ks4 OPT 2 Master Locking System (installed at Reading) 0 10 $ 1,116.00 NA Rsb OPT 3 Steel Sliding Til 0 0 $ 2,793.00 NA R OPT 4 Latchmatic —6- —O$ 1,446.00 NIA Rsb OPT 5 SST T Handle Latches 0 0 $ 175.00 NA Rsti,'Opt 6 DEF tank modification on Dual Fuel Tank Configurations, Rear on GM 0 0 $ 625m00 WA IDE ENCLOSED SERVICE BODY [Requires (31v) ship thru] DUVAL FORD Page 390 of 895 8' Knapheide Enclosed Utility Body KC96U 1478, 45" Interior Height. Includes B 45 Master Lock, Interior Dome Light, Solid Rear Doors, (2) Rear Shelf Doors, 0 0 $ 13,020.00 NA LED Tail lights and Step Bum pqr 8' Knapheide Enclosed Utility Body KC961-1478, 51" Interior Height. B 51 Includes Master Lock, Interior Dome Light, Solid Rear Doors, (2) Rear Shelf 0 0 $ 13,300.00 NA Doors, LED Tail lights and Step Bumper 8' Knapheide Enclosed Utility Body KC96M1478, 61" Interior Height. B 61 Includes Master Lock, Interior Dome Light, Solid Rear Doors, (2) Rear Shelf 0 0 $ 13,570.00 NA Doorspe .a LED Tail fights and Stop Bumr GOOSENECK [Requires (31v) ship thru] ON, 8' Knapheide Gooseneck Flatbed PGND (Storage Goose Neck) 0 0 $ 12,40I.6B NA GA' . .......... . '18' Knapheide Aluminum Gooseneck Flatbed RW 0 0 1 $ 8,500.00 NA DUVAL FORD Page 390 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 DUVAL FORD Page 391 of 895 FLATBED PLATFORM [Requires (31v) ship thru] 8AFB ' 8' Knapheide Aluminum Flatbed, Model ALPB89. Includes Bulkhead with 0 NA O O reno"On Window and 40" Stake Sides . FB OPT 1 ...... Credit Stake Sides O O $ ,.00� - ' NA KFB OPT 2 Ratchet& Straps (Each) O O $ 1$5.00 NA a.WW......., KFB OPT 3 30" Aluminum Underbody Box O O $ 640.00 NA 8' Flatbed Single Rear Wheel Action 11 Ga. Smooth Galvannealed steel AF SRW FB Skin on Headboard and floor, Painted Black, Structural Steel Cross O O AVAILABLE NA Members on 12" Centers, 40"Headboard with Punched Window and 40 Sides Re vires 31 B ShipThrou ° h RUGBY iher 8ft Platform - 56" CA SRW *** Add $425 to get Gooseneck Rugby Ranc O O AVAILABLE NA Body**EP0806-84PB-N-N-B-N CIOGBOX: Requires (31*) ship-thru option for Second stage body modifier. Requires (872) Camera Option and LWB A fiberglass one piece molded animal transportation unit with (6) six animal compartments and (1) storage compartment with the access door in the back of the unit. Featuring our fresh air ventilation system vented to each compartment, a pass through swing door in the front compartment, solid partitions creating 6 individual compartments, sloped floor drainage system, Ultimate Safety doors with large louvers and small catch pole door within the door, and bright white L.E.D. lighting in individual compartments. Available with air conditioning and heating, back saver hoist, catch pole holder, rear blind spot mirror, custom strobe and light bar lighting, work lights and pet step folding ramp. PRO 6WS7 Animal Compartment Sizes: Measured from center of partitions O 0 $ 15,700.00 NA Street Side: Front 36" Wide x 36" High x 39" Deep (w/ pass through door open 36" Wide x 78" Deep) Center 36" Wide x 36" High x 30" Deep Rear 38" Wide x 36" High x 30" Deep Curb Side. Front 36" Wide x 36" High x 39" Deep (w/ pass through door open 3''�6" x 78" Deep) }Wide /� Center 36" Wide x 36"" High x 30" Deep Rear 38" Wide x 36" High x 30°" Deep Rear Center Storage: 18" Wide x 32" High x 74" Deep DUVAL FORD Page 391 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 DUVAL FORD Page 392 of 895 A fiberglass one piece molded animal transportation unit with (8) F1 eight animal compartments and (1) storage compartment with the access door in the back of the unit. Featuring our fresh air ventilation system vented to each compartment, a pass through swing door in the front compartment, solid partitions creating 8 individual compartments, sloped floor drainage system, Ultimate Safety doors with large louvers and small catch pole door within the door, and bright white L.E.D. lighting in individual compartments. Available with air conditioning and heating, back saver hoist, catch pole holder, rear blind spot mirror, custom strobe and light bar lighting, work lights and pet step folding ramp. Animal Compartment Sizes: Measured from center of partitions PRO 8WS9 Street Side: 0 0 $ 18,460.00 NA Front 30" Wide x 36" High x 39" Deep (w/ pass through door open Wide x 78" Deep) Center 24" Wide x 36" High x 30" Deep Center 24" Wide x 36" High x 30" Deep Rear 32" Wide x 36" High x 30" Deep Curb Side: Front 30" Wide x 36" High x 39" Deep (w/ pass through door open 30" Wide x 78" Deep) Center 24" Wide x 36" High x 30" Deep Center 24" Wide x 36" High x 30" Deep Rear 32" Wide x 36" High x 30" Deep Rear Center Storage: 18" Wide x 32" High x 80" Deep Ship Through To Custom Fiberglass Coaches, 53Y600 O 011s 625-00 NA High Capacity AC/ Heat with Twin Fan Condensor and AuxilliaTD-edicated IDB OPT 1 Compressor. For Dog Box Option. AC Vents Included, 28K BTU AND 0 0 $ 3,626.00 NA Teme Monitor In the Cab B OPT 2 AC Unit Up To 28 BTU AND Temp Monitor, Runs Off Factory Compressor. 0 0 $ 3,650.00 NA FLegi. Dog ox 0� lion DB OPT 3 Pull out Ramps For Use with Dog Box Option, Front Passenger Side 0 0 $ 650.00 NA 66 60t 4 Heavy Duly Safety Door - Stainless Steel (Set of 0 01 $ 1,700.00 NA DB OPT 5 ... Heavy Duty Safety Door - Stainless Steel (Set of 8) 0 0 $ 2,100.00 NA DB OPT 6 Two Slide out tra s �rn re�arcompartment 61 0.00 NA DB OPT 7 LED 3" x 5" Surface Mount Amber Strobe - rear O 0 365.00 NA D8 OPT 8 LED 2" x 5" Surface Mount - Amber or White - side or rear 0 01 $ 365.00. NA NA DB OPT 9 LED 1" x 5" Mini 6 Diode Strobe - Surface Mount Amber - side or rear 0 0 $ 365.00 DB OPT 10 LED I" x 4" Mini 4 Diode Strobe - Amber or White - surface or grill mount 0 0 $ 365.00 NA DB OPT 11 Traffic Advisor LED with 8 Amber Lightheads and digital controller in cab 0 0 $ 895.00 NA DB OPT` 12 BackSaver Hoist with Large Cage - front passenger compartment 0 0 $ 3,995.00-[' NA DB, 0 PT 13 Rear Blind Spot Mirror 0 0 . $ 365.00 ......................... NA D8,,0PT 14 Roll Out Tray in Rear Storage Compartment, ... 0, q, $, 464J60- N�A W Diesel P$CKUP E.Aended Service Man Bass Care,zko Deductible. Five GB575 Year, 75000 Mile. Call Dealer for plan specifics and optional Terms. Price 0 0 $ 2,145.00 $ 2,145.00 ,Guide JAN 2021 Diesel PICKUP Extended Service Plan Base Care, Zero Deductible. Five GB51 00 Year, 100000 Mile. Call Dealer for plan specifics and optional Terms. Price 0 0 $ 2,905.00 $ 2,905-00 JAN 2021 .E575 .............. -,Guide IDiesel PICKUP Extended Service Plan Extra care, zero Deductible. Five • G 5 Year, 75000 M ile. Call Dealer for plan specifics and optional Terms. Price � $ 2,425.00 2,425.00 Guide JAN 2021 �±0 DUVAL FORD Page 392 of 895 SPEC 140 F-250 XL Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 DUVAL FORD Page 393 of 895 Diesel PICKUP Extended Service Plan Extra Care, Zero Deductible. Five .................................. 1 t'E5100 Year, 100000 Mile. Call Dealer for plan specifics and optional Terms. Price OO 11 $ 3,405.00 $ 3,405.00 Guide JAN 2021 Diesel PICKUP Extended Service Plan Premium Care, Zero Deductible. Five 3 511CP575 Year, 75000 Mile. Call Dealer for plan specifics and optional Terms. Price 0 0 $ 3,275.04 $ 3,275.00 Guide JAN 2021 Diesel PICKUP Extended Service Plan Premium Care, Zero Deductible. Five P51 00 Year, 100000 Mile. Call Dealer for plan specifics and optional Terms. Price O O $ 3,900.00 $ 3,900.00 Guide JAN 2021 GAS PICKUP Extended Service Plan Base Care, Zero Deductible. Five 355 33G8575 Year, 75000 Mile. Call Dealer for plan specifics and optional Terms. Price 0 0 $ 2,035.00 1 $ 2,035.00 ,Guide JAN 2021 il GAS PICKUP Extended Service Plan Base Care, Zero Deductible, Five 354 'B51 00 Year, 100000 Mile, Call Dealer for plan specifics and optional Terms. Price O O $ 2,720.00 $ 2,720.00 Guide JAN 2021 GAS PICKUP Extended Service Flan Extra Care, Zero Deductible. Five 355 6E575 Year, 75000 Mile. Call Dealer for plan specifics and optional Terms. PriceO 0 $ 2,290.00 $ 2,290.00 Guide JAN 2021 GAS PICKUP Extended Service Plan Extra Care, Zero Deductible. Five 356 GE5100 Year, 100000 Mile. Call Dealer for plan specifics and optional Terms. Price . O 0 $ 3,205.00 $ 3,205.00 Guide JAN 2021 GAS PICKUP Extended Service Plan Premium Care, Zero Deductible. Five 357 GP575 Year, 75000 Mile. Call Dealer for plan specifics and optional Terms. Price U 0 3,080.00 $ 3,080.00 Guide JAN 2021 GAS PICKUP Extended Service Plan Premium Care, Zero Deductible. Five GP5100 Year, 100000 Mile. Call Dealer for plan specifics and optional Terms. Price 0 O $ 3,785.00 $ 3,785.00 Guide JAN 2021 Base Care Ford Protect Extended service plan for Incomplete GAS IGGB575 ENGINE chassis. Five Year, 750001 Miles, 3000 Hour Zero 0 0 $ 2,975.0+0 $ 2,975.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 Base Care Ford Protect Extended service plan for Incomplete GAS IGGB5100 ENGINE chassis. Five Year, 100,000 Miles, 4000 Hour Zero 0 0 $ 3,500.00 $ 3,500.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 .... ExtraCare Ford Protect Extended service plan for Incomplete GAS IGGE575 ENGINE chassis. Five Year, 75000 Miles, 3000 Hour Zero 0 0 $ 3,220.00 $ 3,220.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 ExtraCare Ford Protect Extended service plan for Incomplete GAS IGGE5100 ENGINE chassis. Five Year, 100,000 Miles, 4000 Hour Zero 0 0 $ 3,930.00 $ 3,930.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 PremiumCare Ford Protect Extended service plan for Incomplete IGGP575 GAS ENGINE chassis. Five Year, 75000 Miles, 3000 Hour Zero 0 0$ 3,690.00 $ 3,690.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 PremiumCare Ford Protect Extended service plan for Incomplete IGGP5100 GAS ENGINE chassis. Five Year, 100,000 Miles, 4000 Hour Zero 0 0 $ 4,510.00 $ 4,510.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 ........ ...... � Base Care Ford Protect Extended service plan for Incomplete IDDB575 DIESEL ENGINE chassis. Five Year, 75000 Miles, 3000 Hour Zero 0 0 $ 3,200.00 $ 3,200.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 Base Care Ford Protect Extended service plan for Incomplete IDDB5100 DIESEL ENGINE chassis. Five Year, 100,000 Miles, 4000 Hour 0 0 $ 4,225.00 $ 4,225.00 Zero deductible. Pricing per Ford Protect Florida Retail Jan 2021 .......... _- - ExtraCare Ford Protect Extended service plan for Incomplete IDDE575 DIESEL ENGINE chassis. Five Year, 75000 Miles, 3000 Hour Zero 0 0 $ 3,485.00 $ 3,485.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 DUVAL FORD Page 393 of 895 SPEC 240 F-250 A Super Duty Regular Cab SRW [F2A] FSA20-VEL28.0 DUVAL FORD Page 394 of 895 ExtraCare Ford Protect Extended service plan for Incomplete «` IDDE5100 DIESEL ENGINE chassis. Five Year, 100,000 Miles, 4000 Hour 0 0 $ 4,800.00 $ 4,800.00 ,Zero deductible. Pricing per Ford Protect Florida Retail Jan 2021 PremiumCare Ford Protect Extended service plan for Incomplete (DDP575 DIESEL ENGINE chassis. Five Year, 75000 Miles, 3000 Hour Zero 0 0 $ 4,015.00 $ 4,015.00 deductible. Pricing per Ford Protect Florida Retail Jan 2021 PremiumCare Ford Protect Extended service plan for Incomplete IDDP5100 DIESEL ENGINE chassis. Five Year, 100,000 Mlles, 4000 Hour U O $ 5,595.00 $ 5,595.00 Zero deductible. Pricing per Ford Protect, Florida Retail Jan 2021 Out of Zone purchase and Delivery. Does not include unique shipping OZN circumstances when final product demands shipping outside the state of 0 0 $ 446.00 Florida. Note: Emmissions codes forspecific region. Tag and Title processing and handling fee. Tags are processed at the local f I tag office and physically picked up for client and affixed to vehicle prior to 0 0 $ 48.00 deliver. Cost includes electronic administrative fee, manual processing courier, and Fedex related ex Anse. mm TMP 30 Day Florida Temporary Tag. Requires (TTO) Tag/Title Option 0 0 $ 7.00 TransferTag Charge: Florida only) Please send scan of cy T with tagIDleanly indicated. Requires (TTO) Tag/Title Option, includestration 0 0 $ KOO TMP° TAG New Tag Charge (Florida only) Requires (TTO) Tag/Title option. Specify 0 0 $ 125.00 ]Cil, , State, orSheriffs Ta . Includes TMP'p DUVAL FORD Page 394 of 895 6. Q. Consent Agenda 11/16/2021 Requested Action by Commission: Approve minutes from the November 2, 2021 City Commission meeting. Explanation of Request: The City Commission met on November 2, 2021 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Alternatives: Approve, amend and approve, or do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Iliiruutes Minutes 11 02 2021 Page 395 of 895 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, November 2, 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 Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk Mayor Grant called the meeting to order at 5:40 p.m. The meeting was delayed due to technical issues. Roll Call City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Pastor Chuck Brannon, Gateway Community Church The Invocation was given by Pastor Brannon, Gateway Community Church. Pledge of Allegiance to the Flag led by Mayor Grant Mayor Grant led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Hay added Agenda Item 913, an update on the Sara Sims Amphitheater under the City Manager's Report. Commissioner Katz added under Future Agenda Items, a discussion regarding the end date for the hybrid model of meetings given the declining severity of COVID, to be added to the next City Commission meeting. 2. Adoption Motion Vice Mayor Hay moved to approve the agenda as amended. Commissioner Katz seconded the motion. The motion passed unanimously. Page 396 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 2. Other A. Informational items by the Members of the City Commission. Commissioner Katz stated that he had no disclosures. Commissioner Romelus disclosed that she attended the Piratefest. She thanked everyone that participated in making the event a success. She met with Brian Fitzpatrick regarding his property. Commissioner Penserga stated that he had no disclosures. Vice Mayor Hay stated he had no disclosures. He attended the Piratefest on Saturday and Sunday. He did note that November is American Indian Heritage Month. Mayor Grant disclosed that on October 21St, he attended the Palm Beach County Transportation Planning Agency's meeting. That afternoon, he attended the Boynton Beach Veterans Task Force meeting. On October 23rd, he attended the Boca Rockabilly Gala. On October 25th, he met with Sara Barton of Ethic Events and Michael Oiner. He also attended the ribbon cutting at the Schoolhouse Children's Museum, celebrating 20 years. That evening he attended the Wastewater Treatment Board meeting. On October 26th and 27th, he attended the Florida Public Transportation Association and the Commission for Transportation Disadvantage Conference in Daytona Beach where he was nominated for the Elected Official of the Year for the State of Florida. On October 28tH he participated in Read for the Record and attended the Palm Tran Service Board meeting. In the evening, he attended the Ribbon Cutting for Shaking Changes. On October 30th, he attended the Piratefest. Mayor Grant requested a timeline on the County's 561 Plan. 3. Announcements, Community and Special Events and Presentations A. Announcement by Gabrielle Favitta, Events Manager, regarding the First Friday @ 5 concert on November 5, 2021. Gabrielle Favitta, Events Manager, announced the First Friday @ 5 Concert on November 5, 2021. The Shane Duncan will perform they are a Southern Rock and Country band based out of South Florida. There will be line dancing class, children art activities and yard games for all ages. This is a family friendly free event that ends at 8 p. M. Mayor Grant inquired about the 3rd and 4th floor balconies and if they can be reserved. Ms. Favitta stated Ms. Krusell may know how to reserve the 3rd and 4th floor balconies. Page 397 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 Commissioner Romelus asked about movie night. Ms. Favitta responded that movie night is the third Friday of every month. The next movie night will be on November 19th at 5 p.m. Harry Potter and the Sorcerer's Stone will be shown. Food trucks will be at the event. There will be children activities and attendees are encouraged to wear Harry Potter garb and join the costume contest. Commissioner Romelus inquired why the movie was starting at 5 p.m. when people are just getting out of work. Maybe the event can be started at 6 p.m. instead of 5 p.m. Eleanor Krusell, Director, Marketing and Events, commented that the event starts at 5 p.m. so that people who are downtown stay downtown and have opportunity to eat before the movie starts. There are activities for children and adults during the first hour. B. Announcement by Crystal Spears, Community Outreach Director for Habitat of Humanity of South Palm Beach County, regarding the Veterans Build Event on November 5, 2021. Crystal Spears, Outreach Director for Habitat of Humanity of South Palm Beach County, announced the Veterans Build Event on November 5, 2021. On November 5th, ten homes in the City will be painted and landscaped. Gayla Hill and Patrick Hart of the Community Standards Division have been wonderful to work with, identifying the homes that need repair. There are approximately forty City employees that will be participating in the event. She invited all veterans who are employed with the City to a luncheon on November 5th, at the Carolyn Sims Center. C. Veterans Day Ceremony Announcement by Kacy Young, Recreation & Parks Department Director, is scheduled for Thursday, November 11, 2021 at Tom Kaiser, USN, Boynton Beach Veterans Memorial Park starting at 12:00 p.m. Kacy Young, Director of Recreation and Parks, announced the Veterans Day Ceremony will be on November 11, 2021 at Tom Kaiser, USN, Boynton Beach Veterans Memorial Park starting at 10 a.m. The event will honor veterans of all branches of the Armed Forces. Also during the event, there will be special recognition to honor the 100th year anniversary of the Tomb of the Unknown Solider. For more information on the event, contact the Recreation and Parks Department at 561-742-6650 or visit the City's website at www.Boynton-beach.org. Mayor Grant inquired about the different start times of the event. Mr. Young replied that the event was scheduled for Noon. Unfortunately, due to unforeseen circumstances, the event was rescheduled to 10 a.m. Mayor Grant stated he would like to have a City representative at the Veteran Task Force meetings. He asked Ms. Krusell to update the newsletter with the correct time. D. Citation recognizing Dr. Dwight Reynolds and Centers for Health Promotion, LLC for their partnership in the vaccination events hosted Page 398 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 by the City on September 18 and October 16, 2021. Dr. Reynolds accepted the citation. He thanked the City Commission and the City Manager for the citation. He stated he does not seek recognition, he just does his job as a doctor. By having open conversations with people regarding the vaccination, he has been able to convert a large number of people to be vaccinated. He is happy to come back to Boynton and do another vaccination event. Mayor Grant stated that there are still gift cards available so there needs to be another vaccine event. He does not believe the gift cards can be given to people under the age of 18. Lori LaVerriere, City Manager, stated that gift cards were given to children and their families. Vice Mayor Hay complimented Dr. Reynolds on a job well done. E. Citation recognizing Pathways to Prosperity for their partnership in the vaccination events hosted by the City on September 18 and October 16, 2021. Kemberly Bush, Executive Director of Pathways to Prosperity, accepted the citation. She thanked the City, Dr. Reynolds, his strike team, her staff at Pathways to Prosperity and volunteer nurse Janine Town. It was a wonderful event to come together on behalf of the community. F. Proclamation recognizing the month of November as Family Court Awareness Month. Lisa Browne-Banic of Families Against Court Travesties (FACTS) and Tina Swithin of One Mom's Battle will accept the proclamation. Lisa Browne-Banic, Families Against Court Travesties (FACTS), accepted the proclamation. She stated that FACTS is a coalition of family court victims and activists created in 2003. FACTS is concerned that the court systems are harming the children by treating them as property. FACTS is seeking awareness and change in the family court system. Over 100 children this year have been murdered by a parent after the court rejected the other parent's plea for protection. FACTS has been instrumental in removing judges from the bench. Mayor Grant commented that not all judges understand what it means to be a family court judge. He believes there needs to be additional education for family court judges. G. Proclaim the month of November as National Family Caregivers Month. Ricky Petty, Project Director for Healthier Boynton Beach, will accept the proclamation. Ricky Petty, Project Director for Healthier Boynton Beach, accepted the proclamation. 4 Page 399 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 He thanked the City for recognizing November as National Family Caregivers Month. Mr. Petty encouraged all to thank a caregiver. On November 9th, Healthier Boynton Beach will be hosting a luncheon for caregivers at Benvenuto's. For more information, please contact him at 561-635-8785 or by email at ricky(a-htpdc.org. Mayor Grant requested that Item 9A, "Announce the 2021 recipient of the Tim Howard Excellence in Public Service Award", be heard before Public Audience. Motion Commissioner Romelus moved to approve the agenda as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Grant announced that Gail Mootz is the 2021 recipient of the Tim Howard Excellence in Public Service Award. City Manager LaVerriere stated that in addition to receiving this award, Ms. Mootz's name will be placed on a plaque in the lobby of City Hall. Ms. Mootz will also be receiving a check for $1,000 from the City's donation account that is provided by Christ Fellowship Church. She stated that Mr. Howard had tremendous respect for Ms. Mootz. Gail Mootz, Project Supervisor, thanked everyone for the award. Mayor Grant was pleased that the City was able to honor her this year after all of the hard work she put into moving City Hall twice in one year. 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 Commissioner Penserga is no better than the state governments of Texas, Georgia, and Florida. They have passed laws that suppress voting. He said that Commissioner Penserga did not have the decency to provide an actual effective date in his resignation and that his ambiguous letter of resignation shows how narcissistic he is. He claimed that because of him and him alone, District IV will not have an election in March of 2022. He asked Commissioner Penserga what gives him the sole right to decide how the residents of District IV will have a Commissioner chosen. He exclaimed that the Commissioner was selfish and his self- serving decision is shameful. He said that his desire to stay in office to the very end shows how he wants to influence matters that may affect special interests, developers, and organizations that may help with his campaign. He stated that the Commissioner tries to come across like he is all that and a bag of chips and that he pontificates to sound like he cares. He said he is the puddle at the end of the light. He added that 5 Page 400 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 maybe the Commissioner can explain why he decided to prevent an election in District IV. On March 8, 2022, voters of District I and District III will vote for a new Mayor and new Commissioners to represent them. He stated that because of Commissioner Penserga's egregious decision, the voters in District IV will only be able to vote for Mayor. Commissioner Katz stated that he wishes Commissioner Penserga the best in his election and he looks forward to voting for him. He said that Commissioner Penserga is a great elected official who was elected twice by the voters in your District. Mayor Grant stated he sees why Commissioner Penserga won both elections. Vice Mayor Hay stated that what Commissioner Penserga is doing is not outside of the law. Commissioner Romelus said that she agreed with all of the Commission's sentiments. Sheldon Fishkin, 1819 Sunglow Street, commented that he was informed that the customer is responsible for paying their utility bill even if they did not receive one. He feels that the City should not be holding the resident responsible for not paying their bill and charging them a late fee. The policy should be changed for the elderly who have a difficult time understanding these things. City Manager LaVerriere confirmed Mr. Fishkin's address and stated that she would look into the issue. Ramona Young, 101 S. Federal Highway, stated that Chief Clemons deserves more than just the settlement. Chief Clemons deserves a written apology from the City. Ms. Young attended the last meeting virtually. She said she had raised her hand to comment on the subject and was not recognized. Mayor Grant admitted that it was his fault for not seeing her hand raised. Whitewashing the mural of Chief Clemons hurts her heart. How the City treated Chief Clemons after working for the City for 20 years is despicable. She is outraged, angry, and hurt. Mayor Grant stated that he did make a private apology to Chief Clemons. The City Manager issued an apology in June of 2020. He appreciated Ms. Young's comments, and she is correct the City does need to do more for Chief Clemons. Ernest Mignoli, 710 NE 7th Street, stated that the public should know the details regarding racism and drug use in Boynton. Racism and bias in a city like this; the City is involved in so many cases, yet they do not talk about it. He asked the Mayor and the City Attorney for their state license numbers to file a complaint against them. He claimed that neither of them provided that information. He claimed that the Mayor was involved with his neighbors who left a threatening letter on his door. He claimed that the Police Department refused to take the letter. 1.1 Page 401 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 Pastor Rae Whitely, 239 NE 12th Avenue, stated that he would like to go on record speaking on behalf of the Coalition of Clergy. Latosha Clemons is a hero in Boynton Beach. He agreed with Ms. Young it was painful for everyone to be a part of that. The City needs to do something to honor the first black woman firefighter in Boynton Beach. How can the community be part of the memorialization of Chief Clemons? Mayor Grant stated that there will be a discussion on the consideration of naming the Urban Orchard after Chief Clemons. The Commission will do what they can to make things right. Pastor Whitely inquired how will the ideas on memorializing Chief Clemons from the community be collected. Mayor Grant responded that the City is open to all options. Ideas from the community are welcome during public audience or by email to the Commission. 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisoryboards. Motion Commissioner Romelus nominated Hector Velazquez as a regular member to the Art Advisory Board. Commissioner Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Penserga nominated Sean Conklin as a regular member to the Recreation and Parks Advisory Board. Commissioner Romelus seconded the motion. The motion passed unanimously. 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. Legal Expenses - September 2021 - Information at the request of the City Commission. No action required B. Proposed Resolution No. R21-144 - Authorize the City Manager and Police Chief to sign all documents associated with the acceptance and grant Page 402 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 agreement for the Florida Department of Transportation (FDOT) Speed and Aggressive Driving grant subject to the approval of the CityAttorney. C. Proposed Resolution No. R21-145 - Authorize the City Manager and Police Chief to sign all documents associated with the acceptance and grant agreement for the Florida Department of Transportation (FDOT) Impaired Driving grant subject to the approval of the City Attorney. D. Proposed Resolution No. R21-146 - Authorize the City Manager and Police Chief to sign all documents associated with the acceptance and grant agreement for the Florida Department of Transportation (FDOT) Motorcycle Safety grant subject to the approval of the City Attorney. Mayor Grant and Vice Mayor Hay pulled Items 8, C, and D. Vice Mayor Hay inquired about the significance of each of the FDOT Grants. Mayor Grant asked that Chief Gregory address all three at once and the Commission will vote on each one individually. Michael Gregory, Police Chief, stated that these are annual grants and we are honored to have opportunity to win these grants again. These grants will supplement traffic enforcement within the City limits. The FDOT Speed and Aggressive Driving grant will allow the Police Department to target locations known for speed and aggressive driving. FDOT Impaired Driving grant will allow the Police Department to target locations known for DUls. The FDOT Motorcycle Safety grant is new to the City. The grant will allow the Police Department to target locations known for motorcycle accidents or complaints of motorcycle traffic violations. Mayor Grant inquired about vehicles that do not have proper lighting. Does the grant allow the Police Department to enforce that violation? Chief Gregory replied that they all do indirectly although each grant is designed to target these particular problems. Once we are in the area, we can do education enforcement for any violation that the Officer observes. Motion Vice Mayor Hay moved to approve Proposed Resolution No. R21-144. Commissioner Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Penserga moved to approve Proposed Resolution No. R21-145. Vice Mayor Hay seconded the motion. The motion passed unanimously. Motion Page 403 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 Vice Mayor Hay moved to approve Proposed Resolution No. R21-146. Commissioner Romelus seconded the motion. The motion passed unanimously. E. Proposed Resolution No. R21-147 - Approve piggy -backing the GSA Contract Number GS- 07F-173GA for the purchase of ethernet cable installation services from Broadcast Systems, Inc., of Pompano Beach, FL in the amount not to exceed $50,000.00 and authorize the City Managerto sign the Piggy -back Contract with Broadcast Systems, Inc. F. Proposed Resolution No. R21-148 - Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 4th, for the 50th Annual Holiday Parade. Vice Mayor Hay pulled the item Vice Mayor Hay asked for an update on the preparation for the City's 50th Annual Holiday Parade. Ms. Krusell commented that the 50th Annual Holiday Parade is scheduled for Saturday December 4th starting at 4 p.m. The application to participate in the parade is available on www.boynton-beach.org/parade. The community is asked to help select a Grand Marshall for the parade. The individual can be someone who lives or works within City limits and who has helped out or assisted a fellow resident during the pandemic. For a complete list of holiday events in Boynton Beach, go to www.HolidaVslnBoVnton.com. We encourage our partners to submit free public marketing events for consideration and a placement on the City website. Vice Mayor Grant inquired if there has been good participation from the high schools. Ms. Krusell replied that they reached out to the high schools prior to making a decision to have the parade and the feedback was positive. Motion Commissioner Romelus moved to approve Proposed Resolution No. R21-148. Vice Mayor Hay seconded the motion. The motion passed unanimously. G. Approve minutes from the October 19, 2021 City Commission meeting. Motion Commissioner Romelus moved to approve the remainder of Consent Agenda. Vice Mayor Hay seconded the motion. The motion passed unanimously. 7. Consent Agenda Bids and Purchases of $100,000 Page 404 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 A. Approve the purchase of these thirty-eight (38) replacement vehicles as approved in the FY21-22 budget for an estimated amount of $2,496,474 by utilizing the following contracts: Florida Sheriffs Association, FSA20- VEL28.0, FSA20-VEH18.0, Sourcewell contract #031121-TTC, and Sourcewell contract #060920 -NAF. The Florida Sherriffs and Sourcewell contracts complies withthe City of Boynton Beach procurement requirements. Mayor Grant pulled the item. Mayor Grant stated that he is happy that the City is using fuel efficient vehicles. He hopes that the City is on the waiting list for the electric trucks that will be released soon. Motion Commissioner Katz moved to approve Item 7A. Vice Mayor Hay seconded the motion. The motion passed unanimously. B. Proposed Resolution No. R21-149 - Approve the ranking as recommended by the Evaluation Committee and Authorize the City Manager to sign an agreement with Ferreira Construction Company, Inc. of Hobe Sound, FL as a result of RFP No. 090-2511-21 for Harvey E. Oyer, Jr. Park Marina Boat Ramp Improvement Project (Re -Bid) in the amount of $1,155,856.00. Vice Mayor Hay pulled the item. Vice Mayor Hay inquired when the boat ramps will be closed. Kevin Ramsey, Senior Project Manager, responded that the boat ramps will be closed for two months. He does not have the hard dates yet. He is thinking mid-January through early March of 2022. Vice Mayor Hay asked if the other two boat ramps will be assessable during construction. Mr. Ramsey stated that the boat ramp will be completely shut down, which will give the City opportunities to do other things around the park. Mayor Grant inquired if the boat permits are being issued at the same price. Kathryn Matos, Assistant City Manager, stated that the City is prorating the permits for the year, which will be minus two months for the closure. Motion Commissioner Katz moved to approve the remainder of Consent Bids and Purchases over 10 Page 405 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 $100,000. Vice Mayor Hay seconded the motion. 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 PlanningAgency and City Commission. 9. City Manager's Report A. Announce the 2021 recipient of the Tim Howard Excellence in Public Service Award. Item was heard before Public Audience. B. An update on the Sara Sims amphitheater. Mr. Ramsey stated that construction on the amphitheater started on August 30t" Currently there is no construction happing at the amphitheater. He explained that they are waiting for the railings and shutters to be delivered. Once they are delivered and installed, the completion date will be December 15t" Vice Mayor Hay inquired about the height between the slab of concrete on the bottom to the top of the stage. Mr. Ramsey stated that height is 30 inches. He said they originally wanted to do 36 inches, but to meet ADA requirements a lot more space would be needed. Vice Mayor Hay asked how many outlets are on the platform. Mr. Ramsey replied there are five boxes with 10 outlets. The boxes can hold 20 amps each. Mayor Grant inquired about the total number of amps that will be available. Mr. Ramsey stated it is 100 amps worth of service. Vice Mayor Hay commented that anyone who wants to use the amphitheater would have to go through the City. 10. Unfinished Business 11. New Business Page 406 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 A. Proposed Resolution No. R21-150 - Adopt the Boynton Beach Complete Streets Mobility Planand Mobility Fee Technical Report. Amanda Radigan, Principal Planner and Jonathan Paul, Nue Urban Concepts, gave a presentation on Boynton Beach Complete Streets Mobility Plan and Mobility Fee Technical Report. Commissioner Romelus asked what does LRTP stand for. Jonathan Paul, Nue Urban Concepts, responded that LRTP stands for Long Range Transportation Plan that is prepared by the Palm Beach County Transportation Planning Agency. It projects out into the future what the community's roadway needs are, what the bicycle needs are, sidewalk needs and also transit needs within the community. There is a lot of community input that goes into that plan. Commissioner Penserga inquired about the justification to collect $30 million from the City and only bring $1 million back into the City. Mr. Paul responded that it was in 2016 when our report was done on a restaurant in downtown West Palm Beach and its assessment on mobility and road impact fees. He thinks the restaurant was going to be assessed $154,000 for basically just remodeling the interior of an existing building. After that, the Downtown Development Authority in West Palm Beach took a pretty broad look into how the County is collecting its money and how it is spending its money. There were some big disparities. Delray Beach and Boynton Beach are number 1 and 2 within the community where a large portion of the money was being collected by the County and spent in the western suburbs. Communities started to question why is that? Also, a lot of communities especially east of Interstate 95 throughout the County, there are only a handful of road capacity projects that are needed, and to the extent they are needed, they are largely state roads, not County roads or city roads. Palm Beach Gardens and the City of West Palm Beach started in 2016, developing a Mobility Plan and mobility fee, primarily to address the County's collection of money, the lack of road projects in the city, but a significant need for multimodal projects. Boynton Beach in 2018, started the process to look at it and as we looked further and further into the details, that is when the stark reality came out about how much money the City is missing out on and how little of it has been invested back in this community. There are several communities in Palm Beach County that are going through this right now. The County is not necessarily going away lightly. They have sued Palm Beach Gardens. It is something a lot of cities are questioning and struggling with. There are communities that are looking at Boynton Beach and looking at Palm Beach Gardens and West Palm to move forward and to come up with a different way. Ms. Radigan added that the County has zones called benefits zones. Money collected within the City can be spent anywhere within the benefits zone. Boynton Beach's benefit zone does stretch from the east coast to the other side of the County. The County's benefit zones include much more than just the City of Boynton Beach. 12 Page 407 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 Commissioner Penserga inquired who determines the benefit zones and how can they be changed. Mr. Paul replied that when the County first started doing fees in the late 1970s early 80s, there were 41 zones in Palm Beach County. In 2011, they reduced the zones to 14. Then in 2005, they reduced the zones down to five. Therefore, the zones continued to get bigger and bigger, allowing them greater flexibility to spend money within that zone. The City zone goes all the way out to the urbanized area of Western Palm Beach County. It is a large zone. The funds can be spent anywhere in there. Questioning the updated zones will be a challenge. The City can avoid this challenge by adopting a mobility plan and a mobility fee to keep money local. Commissioner Penserga asked if the mobility fee is an addition to or a replacement of the road impact fee. Mr. Paul stated that it is intended to replace the County's roadway impact fee. Commissioner Penserga inquired what authority does the City have to do that. Mr. Paul replied that Florida Statute provides local governments the opportunity to adopt an alternative mobility funding system. Such as a mobility fee, you have to have a mobility plan to do that. In essence, Palm Beach County is challenging Palm Beach Gardens whether or not the statute does or does not permit that. That is a challenge and an issue that goes before the courts. Hopefully, there is some resolution. Commissioner Penserga inquired about the current status of the West Palm Beach Downtown Authority and the challenge of the lawsuit with Palm Beach Gardens. Mr. Paul responded that West Palm Beach Downtown Authority is waiting for the outcome of the lawsuit with Palm Beach Gardens. Commissioner Katz noted that Mr. Paul stated that Boynton and Delray are the two worst in terms of the disparity of payments versus return. The City did get $1 million back on $30 million, that is 3%. What does the average municipality get back? Are they getting back 10, 20, 40 versus the City's 3%? Mr. Paul stated that it varies. Palm Beach Gardens got back what it put in. Jupiter received more back than what they put in. It does depend on which area of the community. Boca and West Palm both received 35% back of what they put in. Delray contributed $23 million and their return was approximately $2 million. The return has not been uniformed within Palm Beach County. Commissioner Katz inquired about the funds the County receives. Are they used purely for County roadway improvements or are there instances where these funds are used to 13 Page 408 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 offset the costs of development and developers' costs? If a developer had to adjust a County roadway west of the City, would this be an enticement or subsidy from the County? Mr. Paul responded not directly. The County does charge a uniform road impact fee throughout the whole County. What that uniform rate says is traveling downtown Delray or downtown Boynton is the same as out in the suburban part of the community. Part of the back and forth is the County using monies collected from the cities to keep the fee lower in the western portion of the County, or that has the greatest roadway needs. Commissioner Katz commented that it is painful enough to just simply look at the ratio under return, but then to know that it might be used to offset costs of private enterprises that are seeking profit through development of no benefit to the City. That is just salting the wound that it might be being used as a subsidy of some sort indirectly or directly. Mayor Grant commented that he knows that the City has the worst return on impact fees. Are there other cities that are worse than Boynton Beach? Mr. Paul stated that there are a lot of communities throughout Florida that have this issue. He has yet to see a municipality as this is extreme. Boynton Beach is an extreme example. It would not be extreme statewide, it certainly is extreme in Palm Beach County. Mayor Grant inquired about the successful cities in the State of Florida. Has a city won the lawsuit against a county, allowing the city to have mobility fees? Mr. Paul stated that except for Palm Beach County most counties have come to an agreement with their municipalities in terms of either revenue, cost-sharing, or funding of county improvements as part of the city's plan. Palm Beach County has taken a different approach and moved forward with the suit. Commissioner Romelus inquired about the potential developments that are coming to the City. Is there any way that the City can cease having to pay out those impact fees with the understanding of the injustice that has been committed against the City for the last few years? Mr. Paul stated that he would have to talk further with the City's counsel. He does not want to get into the details, yet there are venues available that would have to be discussed with legal counsel. Commissioner Penserga asked is the County is willing to develop alternatives? Mr. Paul replied that the County stated no. The City Manager has reached out to see if there are some options available. City Manager LaVerriere commented that the City and the County will be discussing 14 Page 409 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 compromise or perhaps alternatives. Commissioner Penserga stated it is his understanding that for the City to move forward, there will be a lawsuit. Mr. Paul remarked not necessarily. Commissioner Penserga questioned if a private developer can specify how the funds are spent. Mr. Paul replied that in general, if the developer made a compacity improvement occurred on a County facility, the developer could request credit from the County. Commissioner Penserga inquired how would that work? Mr. Paul stated the improvements would have to be identified in a plan such as the Capital Improvement Program or a long-range transportation plan. Except for High Ridge and Minor, there are not a lot of projects identified for road capacity. A private developer can always request a credit. It has been done in the past. It would have to be the decision of the County to whether or not to grant credit. Commissioner Penserga inquired if the road improvements are required to be adjacent to the project. Mr. Paul replied the issue is when you have media adjacent to the project, they consider that a slight impact, not external capacity. They will not give site -related improvements. If it benefited the community and provided capacity beyond the developer's project, the developer certainly can request credit. Commissioner Penserga stated that he is looking for a solution or an alternative. Could the City make a requirement of the developers to request that the County makes certain road improvements within the City? Mr. Paul commented you can also ask the development community where is the money being spent. Then the developers themselves could mount the challenge to the County. Commissioner Katz asked what is the county's legal objection to Gardens, West Palm, and potentially ours? If there is a statutory parallel route to take, what is their argument that the parallel route being exercised by Gardens or West Palm or us is not permissible under state law? Mr. Paul replied that the County Charter gives them the right to establish level of service standards on County roads and to collect County road impact fees throughout the County. They are stating their charter authority charter gives them the right to do so. 15 Page 410 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 Commissioner Katz questioned if someone prevailed in this effort in Palm Beach County and the argument from the challenging party is our Charter says this. It is essentially a ruling in a city's favor. Your Charter is inconsistent with State law, which supersedes the County Charter. City Attorney Cherof stated that there is a recent pleading in the Garden's lawsuit that would be very informative for the Commission to read, which sets forth the County's position regarding the authority or the power of their Charter over what is being proposed by the cities that are engaged in litigation. Mayor Grant commented that the City can still move forward with the mobility fee. It is just that the City cannot touch their impact fee. The City cannot state that the money that is collected for impact fees. One of the things the City can do, as a developer of the Town Square project is to ask them to prove the nexus. City Attorney Cherof stated that is part of it. Their position is that they are going to collect their fee. If the City wants to collect a mobility fee that is just going to be a supplemental fee. If you think of the end result of that the developers here will be paying two sets of fees if the County is right about the balance of power issue. Commissioner Katz noted that it would be a similar situation to how we pay for Fire and Police, where residents of our City remit taxes to the County that pay for PBSO and County Fire while simultaneously footing the bill. The City would be forced to double tax if that was the route to take. City Attorney Cherof stated another example would be that the residents in Boynton pay to the School Board fees that are spent to build schools in other parts of the County as well. Vice Mayor Hay commented that would be like double dipping. Is this the best practice? Mayor Grant noted that the County is a chartered County and has different rates versus a non -chartered County according to Florida Statutes. That is an aspect of Florida Constitutional Law that the Commission really should not be getting too much into at this meeting. However, if the Commission is so inclined, that the City look into filing a lawsuit against the County preemptively asking them to prove the nexus. The hundreds of thousands of dollars that the City spent in order to build chambers and other buildings. The City would have to have them prove the nexus that the money our impact fees that are paid to them actually benefits us as the developer. City Attorney Cherof commented that these issues being raised are issues that the City administration and consultants to the City have been exploring for quite some time. There are a lot of options available. The item tonight is not to make decisions regarding what type of litigation to engage in, or to threaten, but to move the Complete Streets Mobility Plan a step forward to position it for adoption by ordinance. Sometime in the near future, T Page 411 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 we will have the benefit, or the outcome of the Gardens' case at that particular time. And that will certainly influence the kinds of choices the Commission would make to decide what to do about trying to get a better deal for the City. As the City Manager has pointed out, she will be engaged in that same process with the County Administrator. Commissioner Penserga asked when will the Gardens be going to trial? City Attorney Cherof replied that they are at trial now. Mr. Paul stated that he believes trial ends on Friday. He does not know when the judge will provide a ruling. City Attorney Cherof stated that the outcome of that trial which was on an injunction issued in the case may not be dispositive to all of the issues that could be reached and in other litigations. It may answer some of the questions; it may not answer all of them. Mayor Grant commented that the Gardens' stopped remitting payments to the County. The legal question is Palm Beach Gardens allowed to stop paying the County based upon their mobility ordinance, not whether their mobility ordinance is valid. Commissioner Romelus inquired what would happen if the City stopped paying the fee to the County? Mr. Paul stated if the City moves forward with an ordinance, upon the effective date of adoption, the City can stop paying the impact fee. Commissioner Romelus asked for clarification on blue improvements. What exactly is going to take place? Will pesticides be used? Ms. Radigan replied the improvements will be adding additional crossings to the blue ways and recreational launches. It is not clearing out the greenery. Commissioner Romelus stated that she would like to see Jaycee Park added to the list. Commissioner Romelus asked what roads make up the demarcation line? Mr. Paul replied that the line consists of Congress Avenue to the west including the mall. The area that jogs out from that straight line is Congress Avenue and then north of Boynton Beach Boulevard, it follows one of the canals. Mayor Grant asked does that mean the City cannot do mobility and infrastructure on the westside? Mr. Paul replied that the mobility fee assessment area is where mobility fees are assessed on new development at the building permit stage. Mobility Fee Benefit District is where the money can be spent. That is the issue currently with the County. Their district spreads all the way out to the very western extent of the urbanized area of the County. What we 17 Page 412 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 propose is that the City would be included in the Benefit District. Folks that are in the City do not necessarily stop right at City limits or stop at the mobility fee assessment area. There is travel outside of that. We are providing the City's flexibility to spend money outside of the assessment area. One thing we are doing, as part of the ordinance, is requiring that they have to make a written finding of why that is being spent outside the assessment boundaries, to provide a check and balance. To the extent that there is a mobility benefit provided, it could be spent outside those limits. We do want to require analysis and documentation that says why you can do so. The intent is the assessment area would be the primary area where the fees are spent. There may be an instance outside of that area within the City that you would want to spend funds. Khurshid Mohyuddin, Principal Planner for Palm Beach County, stated that he is defending the County. The County has submitted a written letter objecting to any attempt by the City to recede the County's road impact fee. The County strongly believes that such an attempt would be illegal. A municipality cannot unilaterally refuse these laws pursuant to the County Charter. The County wants it to be clear that it is not opposed to the City's mobility plan and fee, only if it is implemented in addition to the County's impact fee and traffic performance standard ordinance. Mr. Mignoli complained that he could not hear the discussion. He said he feels waiting an hour to allow the audience to ask questions is too long and he believes the Commission should not be voting on this matter. Commissioner Romelus inquired about the timeline. Ms. Radigan stated that the timeline has not been finalized. Staff is prepared to start the adoption of the ordinance in January or February, then final approval and adoption in March. Commissioner Romelus remarked this is much more than how the County has done the City an injustice. How does the County explain our bottom line to our residents and the disservice done to them, to the developers who have contributed millions of dollars to their coffers? How does the County explain the lack of expended funds within City limits? How do we plan for the future and make sure that we accommodate the growth that we cannot stifle? What the Commission does now will affect residents 20 years from now. She believes that this is the right direction to take. Ms. Young recalled the road improvements that were made to Federal Highway. She does not understand why those improvements were not made along Boynton Beach Boulevard. Mayor Grant replied that Boynton Beach Boulevard is a State road and is part of FDOT improvement plan over the next five years. Vice Mayor Hay inquired if a building is expanded, can the City get the funds that are 18 Page 413 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 designated for the particular benefit zone? Ms. Radigan responded that when the County collects the impact fees, by right they can spend their money according to their rules anywhere in the benefit zone. Vice Mayor Hay asked if impact fee credit has ever been used within Palm Beach County? Ms. Radigan replied that impact fee credit is for the developer to petition that his improvements be credited towards his impact fee. Commissioner Romelus stepped away from the dais at 8:30 p.m. Ms. Radigan gave a brief history on the process that developed the Complete Streets Mobility Planand Mobility Fee. Commissioner Penserga inquired if anyone from the business community has taken a position on this. City Manager LaVerriere stated she believes that the Economic Council of Palm Beach County supports the Gardens. Ms. Radigan commented that chambers has written letters of support for the mobility fee implementation for Palm Beach Gardens. The PPA has also written a letter of support for some of the initiatives. City Manager LaVerriere commented that staff will be presenting this to the Chamber as well as the Government Affairs Committee. Commissioner Katz thanked Ms. Radigan and Mr. Paul for the abundance of information that they provided. Motion Commissioner Katz moved to approve Proposed Resolution No. R21-150. Vice Mayor Hay seconded the motion. The motion passed unanimously. 12. Legal A. This item is an update on the status of the City's participation in the opioid litigation settlement. City Attorney Cherof stated that one of the steps to complete this process is to register the City to participate in the process. The Mayor did sign on behalf of the City and there will be additional updates. The next update will be available for the next meeting or the first meeting in December. There is approximately $26 billion at task on a national basis. 19 Page 414 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 Those funds will be divided amongst the states that participate. Mayor Grant inquired if the City filed a lawsuit. City Attorney Cherof stated the City did not file an independent action. The class action suit is where the money is being provided. Commissioner Romelus returned to the dais at 8:37 p.m. Motion Commissioner Katz moved to approve. Vice Mayor Hay seconded the motion. The motion passed unanimously. 13. Future Agenda Items A. Climate Action Plan Annual Update. - November 16, 2021 B. National Flood Insurance Program Community Rating System Update - November 16, 2021 C. Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question inAugust 2022 - November 16, 2021 D. Draft Ordinance for Disposition of City -owned Property. - November 16, 2021 E. Representatives from FIU will present the Diversity & Equity Assessment of City Systems (Internal Assessment) - November 16, 2021 F. Sign Code Amendments - December 7, 2021 G. City lobbyist Mat Forest to give a preview of the 2022 State Legislative Session 2022 and discussthe City's annual Legislative Agenda. - December 7, 2021 H. Consultant Presentation of Housing Needs Assessment - December 7, 2021 School Board Member Erica Whitfield to present report on the state of education to the CityCommission. -January 4, 2022 J. FIU Presentation of Racial and Social Equity Community Needs Assessment Findings - January18, 2022 K. City of Boynton Beach FY20/21 Strategic Plan Update and 5 -Year FY 20 Page 415 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 2022-2027 Strategic Plan Framework -January 18, 2022 L. Building Department staff will present an update on the implementation of the new Sag esGovsoftware for permitting and inspections - January 2022 M. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8thAvenue -TBD N. Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - TBD O. Discuss Building Safety Inspection Program - TBD P. Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD Q. Proposed Ordinance No. 21-026 - Second Reading. Amending the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 4, Article X. Flood Prevention Requirements to maintain compliance with FEMA requirements and to maximize the City's National Flood Insurance Program's Community Rating System (CRS) class rating. - TBD R. Mayor Grant has requested a discussion regarding asking Latosha Clemons if she would considerhaving an Urban Orchard named after her. - TBD Mayor Grant requested that approval for travel to Palm Beach County Days be added to the next agenda. City Manager LaVerriere stated that five registrations will be completed for the Commission. Mayor Grant stated that according to Florida Statute, in any action challenging an impact fee of the government's failure to provide required dollar -for -dollar credits for the payment of impact fees as provided, the government has the burden of proof proving by a preponderance of the evidence, which is more than 51 %, that the imposition or amount of the fee or credit meets the requirements of the state legal precedent. And this section, the Court may not use a different standard for the benefit of the government. So this is something that the City as a developer, within the past few years, he believes, can challenge the nexus where the City does not necessarily have to worry about the County suing for an injunction because they have to prove that they are allowed to collect an impact fee for the widening of our roads where it will be difficult for them to have that rational nexus based upon the numbers that we got of the amount of money collected and the amount of money spent. He stated that he would like to put this on future agenda to discuss the estimated cost of filing the lawsuit. 21 Page 416 of 895 Meeting Minutes City Commission Boynton Beach, FL November 2, 2021 City Manager LaVerriere suggested putting the discussion on the next agenda. Mayor Grant stated that he would like to have a consensus from the Commission. He noted that he received a couple of thumbs up and a nod. City Manager LaVerriere stated it would be on a future agenda, date to be determined. Mayor Grant commented it could be the next meeting or the meeting in December to bring back the information of the filing of a lawsuit and the last item to be added to future agenda is a discussion on hybrid meetings and an end date. 14. Adjournment There being no further business, Mayor Grant adjourned the meeting at 8:41 p.m. ATTEST: Crystal Gibson, MMC, City Clerk Tammy Stanzione, Deputy City Clerk 22 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner —Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga Page 417 of 895 7.A. Requested Action by Commission: Approve an increase to the approved annual contract expenditure for Building Division "Supplemental Plan Review and Inspection Services" from $350,000 to $525,000. Explanation of Request: On February 16, 2021, the City Commission approved bid no. 021-2411-20RW (Resolution No. 21-026) for "Supplemental Building Inspections and Plan Review Services". A one (1) year agreement with the option for annual renewals was executed with C.A.P Government, Inc., Universal Engineering Sciences, Inc., and Calvin, Giordano & Associates. Due to shortages in qualified inspectors and plan reviewers, the Building Division has been primarily utilizing the contractual services for single disciplined inspectors to help supplement some of the City inspectors, as well as Division vacancies, in order to satisfy the inspection requirements of the Florida Building Code (FBC). However, staff has recently been successful in implementing a new building inspector/plans examiner training program and has filled one of the vacant positions with an in-house candidate and anticipates filling a second position in the next 90 days. It is also important to note that the Department is finalizing a few initiatives that staff anticipates will substantially decrease inspections for many home projects while streamlining many of these permit types as well. The contractual services expenditures for the previous three (3) fiscal years are as follows: • FY 19 - $417,059.80 • FY20 - $517,071.28 • FY21 - $544,993.83 As of September 30, 2021, the Department has expended $350,000 of the authorized expense from February 2021. Therefore, staff is requesting an increase of $175,000 to the current contract amount totaling $525,000. How will this affect city programs or services? This increase will allow the Building Division to continue operating and providing services at our current levels and pursuant to local and state code requirements. CAP Government, Building Division's primary vendor due to the lower costs of the three, has been a reliable vendor and provides services as needed by the City. Fiscal Impact: The Building Division Fund has sufficient funding for this request within the FY22 budgeted accounts. Alternatives: Request new FTE's to perform inspection services in order to continue current levels of service. Page 418 of 895 Strategic Plan: Strategic Plan Application: Not Applicable Climate Action Application: Not Applicable Is this a grant? No Grant Amount: Attachments: Type Attar: tirn"n(:9int Description C: on°ntiractu..nall Services dice 11= eollulllioire airnct Agirf,eirneirnt s Page 419 of 895 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 R.E.SOI.A.TTION NO. R21 - A RESOLUTION OF THE (TTY OF BOYNTON BEACH, Fl..,ORIDA, APPROVING THE AWARD OF RFP NO. 021-2411- 20/14W FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES TO C.A.P. GOVERNMENT, INC., UNIVERSAL ENGINEEIRING S( IENCES, INC. AND CAI..,VIN, GIORDANO & ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO SIGN PROFESSIONAL SERVICES AGREEMENTS FOR SERVICES TO BE UTILIZED ON AN "AS NEEDED BASIS" WITH A NOT TO EXCEED AMOUNT OF $350,000.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, On November 18, 2020, Purchasing issued a Request for Proposals (RFP) with the intent to establish qualified and experienced firms to perform fire, building, 16 electrical, mechanical and/or plumbing inspections and plan review services oil an "as 17 needed basis"; and 18 WHEREAS, this Rf]) was issued to maintain good service and responsiveness for 19 plan review l'or residential and commercial applications. review Business (.,Tse. 20 21 22 23 24 25 26 27 28 29 30 31 32 (. I -. ertif ication Im- change in occupancy requirements, and inspection services for structures in which permits have been issued by the City of Boynton Beach; and WHEREAS, after reviewing all proposals, the l'ire and Building Divisions are requesting a multi -award to three (3) firms. C.A.P. Government, Inc., Universal Engineering Sciences., Inc. and Calvin, Giordano & Associates; and WHEREAS, by awarding to these three (3) vendors, the Y'ire and Building Departments will be assured that there will be personnel available to provide immediate set -vices as reqUired; and WHEREAS, the City Commission of' the City of Boynton Beach upon recommendation ofstaff, deems it to be in tile best interestt of the citizens and residents to approve the award Approve the award of'RI, P No. 021-2411-20/RW for SUpplelliental 1311ilding Inspections and plan Review Services to (1..AJ). Government, Inc., Universal Engineering Sciences, Inc. and Calvin, Giordano & Associates, Inc. and authorize the S \('A\ltl,So\AtircenerGts\Avk2tfd ofRIT fi)t Supplememal Budding, Ins1wetionq and tlfan� review - I %endms - Roo docx Page 420 of 895 1 City Manager to sign Professional Services Agreements for services to be utilized on an 2 "as needed basis" with a not to exceed amount Cal" $350,000.00( 3 NOW, 'rYIEREFORE, BE 11' RESOLVED BY 'rim CITY COMMISSION 4 OF THE CITY OF BOYN,rON BEACH, FLORIDA, T'HA,r: 5 Section 1. The 66regoing "Whereas" clauses are hereby ratifiecl and confirmed 6 as being true and correct and are hereby made as specific part of' this ReSOIL16011 Upon 7 adoption. 8 Section 2. The City Commission of the City, of Boynton Beach. f1orida, 9 hereby approves the award of RUT No. 021-24II-20/RW for Supplemental Building 10 Inspectionsand Plan Review Services to (.7.A.P. Government, Inc., Universal Frigineering 11 Sciences, Inc. and Calvin, Giordano & Associates, Inc. and authorize the City Manager 12 to sign Prol'essional Services Agreements for services to be Utilized on an "as needed 13 basis" with a not to exceed of' $350,000,00. A copy of each Professional Services 1 14 Agreement is attached hereto and incorporated herein as Composite Flxhibit "A'*. 15 Section 3. That this Resolution shall become efTective immediately. 16 PASSED AND ADOPTED this 16th day ot'l-ebrUary, 2021, 17 CITY OI-130YNT'ON BEACH. ILORIDA 18 Y Ll S NO 19 20 Mayor - Steven 13, (irant. 21 22 Vice -Mayor --Ty Penserga 23 24 Commissioner -JUStin Katz 25 26 Commissioner— Woodrow L. flay 27 28 Conrinissioner (.1iristina L, Romelus 29 30 A"I"I"Ll"S"I': VO ITS„ 31 32 33 I'annny St, an, zio'ne 34 Deputy City Cierk Olt 35 (Corporate Seal) S WATLS( )\AgYeemenB\Awmd of RHI fiw Supiflenwmal J3utkfitq,,, Inspections and Nans reviem- 3 ve�jdms - Reso docx Page 421 of 895 M I N Les I ZR4:j;x" I I*] Myll Z I 10I U W-11 Z a NW, 11 CONSULTANT agrees to perform Supplemental Building Inspections and Plan Review Services outlined in RFP No. 021-2411-20/RW and incorporated herein: Sections "RESPONSIBILITIES" and "EQUIPMENT". Inspection and Plan Review services shall include, but not be limited to, fire, general building, mechanical (HVAC), plumbing, structural and electrical, as well as providing all administrative documentation as required by the City. b, Inspect permitted construction within the City limits, for compliance with City codes anl- ordinances and permitted plans and specifications. c. Receive and investigate alleged complaints of working without permits, code violations, etc., by citizens, City employees, and others including appearances before the Code Enforcement Board where appropriate. INA2,83691 W*-5V0W8211RFP No, 021-2411 ZO/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES C-1 Page 422 of 895 I J d. Prepare written reports of inspections and investigations of complaints and other reports as may be reasonably requested by the City. City inspection forms must be used, e. Maintain records of inspection and investigations. Log daily inspections and results in the computer system. f. Review plans for code compliance. Maintain records of reviews and investigations. Log daily reviews and results in the computer system. g. Contact contractors, architects, engineers, and citizens about construction projects, code questions, and other concerns. h. Perform other duties that are related to or incidental to Inspector's or Plan Reviewer's primary duties as herein described and that the City may from time to time assign. I. Perform these duties during normal business hours of 7:00 AM to 6:00 PM, Monday through Thursday as needed, or as may be altered with mutual agreement. j, Report to the City's Building Official or designee, k. Inspection Services and Plan Review shall be provided in the event of a natural disaster (i.e. hurricane). 1. Inspection personnel may be required to attend meetings or to provide consultation to the City. JMZ1 =''011rinimillilimill 111111nig 1111 1 i I A. a) An inspection vehicle in good operating condition, subject to approval by the C�ity, capable of transporting one ladder. Vehicle may be required to display a City of Boynton Beach magnetic sign (provided by the City) on the doors. b) Cellular telephone. c) One ladder capable of reaching the roof of a typical one-story home. d) Uniform provided by the firm contracting with the City. e) Safety shoes, hardhats, and other safety related equipment. 91"ITIM05MWRIM 561-742-6121, The CONSULTANT'S Representative during the performance of the Contract shall be John M. Stone: 954-921-7781. [W42.8369I14ua69001921RFP No, 021.2A11.20/RW FOR A PROFESSIONAL SERVICES AGREEMEN I FOR SUPPLE MENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES C-2 Page 423 of 895 �l J 220�� 2.1 The initial Contract period shall be for an initial term of one (1) year, commencing on February 17, 2021The City reserves the right to renew the contract for three (3)additional one (1) year periods, under the same terms, conditions. The Services to be performed during the initial one (1) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant. 22 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. 3.1 Work under this Contract shall commence upon the issuance of a purchase order by the CITY to the CONSULTANT. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the purchase order, unless an extension of: time is granted in writing by the CITY. 41 PAYMENT, The Professional shall be paid by the City for completed work and for services rendered under this agreement as follows: a, Payment for the work provided by Professional shall be made promptly on all invoices submitted to the City property and in accordance with YPROPOSAL" (Exhibit"A"). b. The Professional may submit invoices to the City once per month during the progress of the contract term, Such invoices wifl be reviewed by the City, and upon approval thereof, payment will be made to the Professional in the amount approved. c. Final payment of any balance due the Professional of the total price earned will be the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Professionai'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 URI 51 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 p42�nr,a txEmmgn�RFT No, 021-2411-20/14W FOR A PROFESSIONAL SERVICES AGREE ME NT FOR SUPPLTMENTAI BU I LDIN6 VNSPECTIONS AND PLAN REVIEW SERVICES C-3 Page 424 of 895 J Ku"911 ELIMUMI 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. 71 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 PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES. In submifting its response to the RFP, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANTshall 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. 9A CONSULTANT shall indemnify and hold harrnless the CITY, its offices , agents ar employees, from and against any and all third -party claims, losses or liability, or a portion thereof, including attorney's fee s and costs, arising from injury or death to person a a 'o ni including injuries, sickness, disease or death to CONSULTANT's own employees, damage to property to extent caused by a negligent act, emission of the CONSULTAN Neither party to this Agreement shall be liable to any third party claiming directly or throu the other respective party, for any special, incidental, indirect or consequential damag of any kind, including but riot limited to lost profits or use that my result from this Agreeme or out of the services or goods furnished hereunder. e-Taimmol Zide I tx_j� 10A During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. [w42,ms i lob, gomsmUP Nm 02&,-24'H 3-20/RAW FOR A PRC+ESSIONAL SERVICES AGREE MEN 7 FOR SUPPLEMENTAL BUILMNG MSPECTIONS AND PLAN R[VVEW SERWCES Page 425 of 895 E I 10.1 I Worker's Compensation Insurance, The CONSULTANT shall procure and maintain for the life of this Contract, 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-CONSULTr ANT that does riot have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability, The CONSULTANT shall procure and maintain for the life of this Contract, 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 of 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 .• *•. 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, 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance, The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. . ............. [CK)428368I30691%1182i)RFPNo. 021-241,1,-20/RW I'ORA PROFESSIONAL SERWCESAGREEMMI FOR SUPPI.FIVIENIAL BUILMN6 INSPECI IONS AND PLAN REVIEW SERVICES C-5 Page 426 of 895 J 111 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 parfies hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtLIO 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. 121 The CONSULTANT warrants that he has riot 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. 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 favoreM customer for the same or substantially similar service, 13,2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non- current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTs, The CITY shall exercise its rights under thiis "Certificate" within one (1) year following payment. 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 emp�oyees or procurement of materials or supplies. 151 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express, written consent of the CITY. [cm8368,1 rb 4xivi�RFIP No. 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENIAt BUILDING INSPECTIONS AND PLAN REViEW SERWCES C-6 Page 427 of 895 Ll I I . ZIONRIAMII 161 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. 17A Termination for Convenience:_ This Agreement may be terminated by the CITY for convenience, upon ten (10) 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 termination date, including services reasonably related to termination, In the event that the CONSULTANT abandons the Agreement or causes it to be unlawfully terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this abandonment or unlawful termination. CONSULTANT may terminate this contract, or any part of this contract upon ninety (90) days written notice, with or without cause and with no penalty or additional cost beyond the rates stated in this contract. in case of such termination, CONSULTANT shall be entitled to receive payment for work completed up to and including the date of termination within thirty (30) days of the termination. 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 Uncontroilable Forces, the effect of which, by the exercise of reasonable gence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or 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 riot limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmentaI 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-perfo�rming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollabie forces M reventing continued performance of the obligations of this Agreement. gx42,n6siiofi9xu2iIRFPNo. 021-2411-20/RW FOR A PROFESS0NAL. SERVICES AGREEMENTFOR SUPPLEMENTAL EE ALDING pNSPECTIONS AND PLAN REVIEW SERVtCES C-7 Page 428 of 895 Cl 211 This Agreement, together with the MM MF and any addenda arid/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes aIl prior negotiations, representations, oor oral, This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT, p4n%g ixb,qwmRIFP No. ]21,-2411..20/RW FOR A PROFESSIONAL SEMCES AGREEMENT FOR SUPPLEMENTAL BLPLIDING INSPECTIONS AND PLAN REVIEW SERVICES C-8 Page 429 of 895 I d CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1 [PIK"] MIM4116 MAI I MIMH M 2. The parties agree that any action arising out of this Agreement shall take place in PaIrn Beach County, Florida. W I �_1#11110JUSIMMM1110121 I MAN• •1111111111=2=_i �i � 1� � � B. Upon request from the CITY's custodian of public records, provide the CITY with—a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; CEnsure 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 complefion 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 req Liest from the CiTY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6061 GIBSONC@BBFL.US Fcxwnc,a,i r6qmmRFP No021-2411-2C?/RW FOR A PROFESSIONAL SEWCES AGREEMENTFOR SUPPLEMENIM BLHLDNG MPECI IONS AND PLAN MMEW SERVICES CI -19 ................. Page 430 of 895 D I d FWFfr4W*Z =401 *Wl IIZIIrA 94601M ZVI I 4414M KWW" Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: UU11LIdUl TUL11 d pUJVIIIQ -bell exchange for salary, wages, or other remuneration. "Contractor" inc�udes, 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 �n exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by' the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement, Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register 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 Oie contract" and b) All persons (including SLjbvendors/subconsultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of (004MmA v 10fi9IkI821jRW Nm 021-2411 20/RW FOR A PROF ESSUDNAL SERVUS AGREE ME NT FOR SUPPUMENTAI BLHLWNG UNSPECIIONS AND PLAN REWEW SERVICES C - Page 431 of 895 j j 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; This Agreement wili take effect on February 17, 2021 or once signed by both parties. This Agreement may be signed by the parties in counterparts which together sha�l constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. (00429368A 3064mmiERW No, 021-2411-20/RW MR A PROFFSSIONAL SERMES AGREEMENTWK SOPPLEMENTAL BUILDING INSPECIONS AND PLAN RMEW SERWES Page 432 of 895 11 I Ill WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day arM year set foow their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following date& 9 r DATED this day of .v � -) 2Q Q , CITY OF BOYNTON EACH City e ager Aftest/Authenticated: City Clerk Approved a to . ... . ...... . us= Calvin, Giordano & Associates, Inc. Chris Giordano, MSC, CCM Prpqidont joow%si ob-swig. RPP No. 021-2411-20/RW FOR A PROFESSIONAL SERVK"ES AGREEMENT FORSUPPLEMENTAL BUILINING ENSPECT IONS AND PLAN REVIEW SERVICES (.;_12. Page 433 of 895 F - E J City qf Boynton Beach Risk Management Department INSURANCE ADVISORY FQ" 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 lnSUranco listing Ore City as "Certificate Hoider" 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 AM, Best Co. of "'B+" or higher. (NOTEF., 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 consultants, lessees, etc,,, and the brirts required by tine City: (NOTE. This list is not all inclusive, and the City reserves the right to require additional types of Insuranve, or to raise or, lower the stated limits, based upon Identified risk.) TYPE (Occurrence Based Only) Mi- General Liatrikly ....... . ..... ...... General Aggregate $ 1,000,000.00 Commercial General Liability Products-ComplOp Agg, $ 1,000,000M Owners & Consultant's Protective (OCP) Personal & Adv. injury $ 1,000,000W Liquor LiatAlity Each Occurrence $ 1,000,000M Professional Liability Fire Darnage (any one fire) $ 50,00000 Employees & 011ficers Man Expense (any one person) $ 5,000,00 Pollution Lability Asbestos Abatement Lead Abatement Broad Foran Vendors Premises Ckerations Underground Explosion & Collapse Products Completed Operat'loris Contractual Independent Consultants Broad Form Property Darriage, Fire Legal Liability ............ --------------------- - ------- Automobile bability - ------ Combined Smngle Linrift ------ $ 300,000 00 Any Auto Bodily Injury (per person) to be detennined All Owned ALAOS 5 Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000M Non -Owned Autos PIP Basic Intermodal ............. . ........... Garage Liability --- -------- -- - - ------ - ---- ------- Auto Only, Each Accident - — --------- -------------- $ 1,0W,000,00 Any Auto Other Than AUtO Only $ 100,000,00 Garage Keepers Liability Each Accident $ 1,0010,000M Aggregate $ 1,000,000,00 ----------- Excess Liability ---------------- - ------ -- ....... Each Occurrence to be determined Umbrella Form Aggregate to he determined Worker's Compensation Statutory Urrifts Ernooyers I lability Each Accident $ 100,00000 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000,00 Property Homeowners Revocable Permit Builder's Risk Other - As Risk Idenfified (9W8001 t 4M-1KPW82f p $ 300,0,00 00 Urnts used on Projecl Cost RFPNo 021�2411 20/RW WR A PROFESSIONAL SECES AGREEMENT FOR SUPPLEMENTM. BUILWNG INSPEC110NS AND PLAN RFVWW SERVICES C-1 I Page 434 of 895 11 I j EXHIBIT "A" SCHEDULE OF PRICES The Proposer agrees to provide Supplemental Ins ections and Plan Review Services as called for by the Scope of Services and Proposal Documents and Agreement, in the manner prescribed therein and to the standards of quality and performance established by the City for, the unit price stated in the spaces herein provided, SINGLE CERTIFICATION (Any one discipline as a Fire, Building, Mechanical, Electrical, or Murnbing Inspector/Plan Review) ;o MULTIPLE CERTIFICATIONS (Any cornbInafion of Fire, BUilding, Mechanical, Electricat, or Plumbing Inspector/Plan Review) ONE DAY EQUALS EIGHT (8) HOURS TWO HOURS MINIMUM FOR HOURLY All hourly rates provided shall be inclusive of all reimbursable expenses (travel, mileage, copies, etc). Iterrr Description Hourly Rate Per Estimated Total Annual No. of Services, Individual Hours Annualiv Cost Single Discipline 1 Field $95,00 5,613 $533,235M Single Discipline 2 Plans MOM 2,406 $240,600M ALL __1733,835M .. . . ........... ... ... SERVIt Multi 3 Discipline $95,00 Field mulfi 4 Discipline $100.00 Plans Exarrsirler 5 Business $95.00 jnp ��or eqL. . . . . Application $65.000 6 'Fechnician w4_'Ms 4mmmX.110P No, E'821-2411-20/'RW FOR A PROFESSVONAL SERWCESACRE E MEN r FOR SUPPLEMENTAL B(ALMNG INSPECPONS AND PGAN REVIEW SE RVCES C_12 Page 435 of 895 * : 0 0 Rol lzml Z[11:1:0111 III! i I I� 11 .1 Ri M 1 6 [41 to] mum= r7rArs I *III I 1111Q I I! MI I i! RI :1 Moll [*I i"RRY-11ilk 11811 *jw-,l 0111:4WIFA ITTYWISENTArej 3. -Mr, WHEREAS, the CITY Manager administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of supplemental building inspections and plan review service within the scope of the Request for Proposal, and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows - ARTICLE 1 - §ERVICE 1.1 CONSULTANT agrees to perform Supplemental Building Inspections and Plan Review Services outlined in RFP No. 021-2411-20/RW and incorporated herein: Sections "RESPONSIBILITIES" and "EQU I PMENT". 11N4-11-:1*K a. Inspection and Plan Review services shall include, but not be limited to, fire, genera' building, mechanical (HVAC), plumbing, structural and electrical, as well as providing all administrative documentation as required by the City. I It. Inspect permitted construction within the City limits, for compliance with CRY codes and ordinances and permitted plans and specifications, c. Receive and investigate alleged complaints of working without permits, code violations, etc., by citizens, City employees, and others including appearances before the Code Enforcement Board where appropriate. RFP No. 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES C-1 L e. fflaintain records of inspection and investigations. Log daily inspections and results in the computer system, Review plans for code compliance, Maintain records of reviews and investigations. Log daily reviews and results in the computer system. g. Contact contractors, architects, engineers, and citizens about construction projects, code questions, and other concerns, h. Perform other duties that are related to or incidental to Inspector's or Plan Reviewe primary duties as herein described and that the City may from time to time assign. i I, Perform these duties during normal business hours of 7,00 AM to 6:00 PM, Monday through Thursday as needed, or as may be altered with mutual agreement, Inspection Services and Plan Review shall be provided in the event of a natural disaster (i.e. hurricane). I. Inspection personnel may be required to attend meetings or to provide consultation to the City. a) An inspection vehicle in good operating condition, subject to approval by th City, capable of transporting one ladder, Vehicle may be required to display City of Boynton Beach magnetic sign (provided by the City) on the doors. b) Cellular telephone, c) One ladder capable of reaching the roof of a typical one-story home, d) Uniform provided by the firm contracting with the City. e) Safety shoes, hardhats, and other safety related equipment, The CITY's Representative during the performance of this Contract shall be John Kuntzman, Deputy Building Official Development: 561-742-6376 and Adam Temple, Director Community Standards Boynton Beach Fire Rescue - 561 -742-6121. The CONSULTANT'S Representative during the performance of the Contract shaH Michael Mayall: 561-347-0070. 1 REP No. 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUU.DING INSPEcriON5 AND PLAN REVIEW SERVICES C-2 2201231PM 2.1 The initial Contract period shall be for an initial term of one (1) year, commencing on February 17, 2021. The City reserves the right to renew the contract for three (3) additional one (1) year periods, under the same terms, conditions, The Services to be performed during the initial one (1) 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 3A Work under this Contract shall commence upon the issuance of a purchase order by the CITY to the CONSULTANT, CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the purchase order, unless an extension of time is granted in writing by the CITY. 1. HOM-12112MV1111 4.1 PAYMENT, The Professional shall be paid by the Cit for completed work and for services 'y rendered under this agreement as follows - b. The Professional may submit invoices to the City once per month during the progress of the contract term, Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Professional in the amount approved, d. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work, e, *I 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 ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 51 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in REP No, 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES C-3 irm MMUNT4 0 ra reference and use in connection with CONSULTANT s en eavors,,, ny use of documents for purposes other than as originally intended by this Agreement, without t written consent of CONSULTANT, shall be at the CITY's sole risk and without liability CONSULTANT and CONSULTANT'S sub -CONSULTANTS. iy. 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. MOM 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 PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES. 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. 9, I 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, 0 9,11 CONSULTANT shall indemnify and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission of the CONSULTANT. 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 my result from this Agreement or out of the services or goods furnished hereunder, # Ilzrx'Ll 101 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, ani I shall be written by an insurance company, authorized to do business in Florida. RFP No. 021-.2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT' FOR SUPPLEMENTAL RUBLDING INSPECTIONS AND PLAN REVIEW SERVICES C-4 10,11 maintain for the life of this Contract, 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. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 50.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, 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 of 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. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance, The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT, 10,1.4 Professional Liability (Errors and Omissions) Insurance: TheCONSULTANTsh procure and maintain for the life of this Contract in the minimum amount $1,000,000 per occurrence. 01 10,2 It shall be the responsibility of the CONSULTANT to ensure that all sub -consultants comply with the same insurance requirements referenced above, 10.3 In the judgment, of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice Of Such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10A CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims -made policy only RFP No, 021-2411 20/RWFOR A PROF ESS9ONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES C-5 111 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 -!gQVgNANT AGAIN§T CONTINGENT FEES 121 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, 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, 112 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non- current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTs, The CITY shall exercise its rights under this "Certificate" within one (1) year following payment, 141 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, REP No, 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGRE EMENT FOR SUPPLEMENTAL BUR.UNG INSPEIcTiONS AND PLAN REVIEW SERVICES C-6 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. 171 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon ten (10) 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 termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination, Ilk-j;j4kj �wjvlqfil Ion 401;RK01111 &Sq Bare] d[oftm allij I U4 momZ201 19A 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 or 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 fire, flood, earthquakes, storms, ligg, 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 performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. Notices to the CITY of Boynton Beach shall be sent to the following address: . .... . . . ...... . .... . .......... ....... Attn- Lori LaVerriere, Ci Ma er It B, ocean Aven.ue,,,,.-,,., ---- - Bcayrtcn Beach, FIL 33435 REP No. 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL, BUILDING INSPECTIONS AND PLAN REVIEW SEWCES C-7 2111 This Agreement, together with the RFP/RFP and 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, 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity, Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768 .28, Florida Statute, as may be emencled from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 221 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post -judgment proceedings. CITY's liability for costs and attorney's fees, hM wever, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1, Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law, The CITY does not consent to mediation or arbitration for any matter connected to this Agreement, 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. . I*L ;a1i -14 1*1 1*14 4401:4 01-1 231 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 annM unces intent to award sooner, in accordance with Florida Statutes 1 M07 RFP No 021-2411 20/RW FOR A PROFESSIONAL SERVRZFSAGREEMENT FORSUPPLEWNTAL BU I WING INSPECTIONS AND PLAN REVIEW SERVICES C-8 oar 0111WHIRIMIM2 -*I WUpon request from the CITY's custodian of public records, provide the CITY with-& 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 exemA t records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY; and DUpon 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. 0 RION 1.041961-140); CRYSTAL, GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6061 GIBSONC@BBFL.US ��IWMWK I M 9 NX0101 MW.11 NI *1P*1rANJ.1Fr4r1#IK 241 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 CONSULTANT 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 RFP No. 021-2411 20/RW FOR A PROFESSIONAL SE',RVICCS AGREEMENT FOR SUPPLEMENTAL, BUILDING INSPECrIONS AND PIAN REVIEW SERVICES C-9 shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to CONSULTANT of the CITY's determination concerning 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 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 firte, ARTICLE 25 — E -VERIFY Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a ublic em•lo er to Mrovide labor su Ii • ZZ • # # C) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibilityas amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien, The Contractor shall maintain a copy of such affidavit for the RFP No, 1421-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECT*NS AND PLAN REVIEW SERVICES C:-10 May PONT a7artelt a A7111ilc comr, tul d �ler Ou ul one k i j year aner ine aa of termination. I This Agreement will take effect • February 17, 2021 • • signed • both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set • below their respective signatures, DATED this day of RFP No. 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENI At. BUILDING INSPECTIONS AND PLAN REVIEW SERVICES C-1 1 it City of Boynton Beach # isk 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 AM, 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 consultants, 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.) . . . . ...... ........... I .... . .... .. ......... . . TYPE (Occurrence.. . .... Based Only) . ..........-----------— ............ ............ MMMVM_J.��RE � — -------- ----------- General Liability ----- __-_..._1 ..... .. . ................ . . .... General Aggregate . . . ------- $ 1,000,000,00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Consultant'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 Consultants Broad Form Property Damage Fire Legal Liability Automobile Liability ........... .............. . ...... .......... Combined Single Limit , ------ - ......... $ 300,000,00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined HIred Autos Trailer Interchange $ 50,000.00 Non -Owned Autos PIP Basic Intermodal .......... .................... Garage Liability . ..... . ........ Auto Only, Each Accident . ......... $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000m . . ... . . ....... Excess Liability ............. . ........ Each Occurrence ............ . ........ . to be determined Umbrella Form Aggregate to be determined Workers Compensation Statutory Limits Employers Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000,00 Property Home hers Revocable Permit Builder's Risk REP No, 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL. BUILDING INSPECTIONS AND PLAN REVIEW SERVICES C-1 I EXHIBIT "A" SQ=L&E QE eMC SCHEDULE OF PRICES ES CQAMI: QE = FOLLQWM; The Proposer agrees to provide Sypplemerital, ILilpections and Plan Review serviggs as called for by the Scope of Services and Proposal Documents and Agreement, in the manner prescribed therein and to the standards of quality and performance established by the City for the unit price stated in the spaces herein provided. SINGLE CERTIFICATION (Any one discipline as a Fire, Building, Mechanical, Electrical, or Plumbing Inspector/Plan Review) MULTIPLE CERTIFICATIONS (Any combination of Fire, Building, Mechanical, Electrical, or Plumbing Inspector/Plan Review) ONE DAY EQUALS EIGHT (8) HOURS TWO HOURS MINIMUM FOR HOURLY All hourly rates provided shall be inclusive of all reimbursable expenses (travel, mileage, copies, etc.). ription Per Estimated Total Annual No. of Services Individual Hours Annual4 Cost Single Discipline 1 Field $72.50 5,613 $406,942.50 Ins ector Single Discipline 2 Plans $9735 2,406 $235,186.50 Examiner 0 P T 10 k 4kU . . ...... . ..... -.-,SERVICES ..1.--- Multi 3 Discipline $95m Field Multi 4 Discipline $125.00 Plans Examiner Busyness $65.00 Application $46.50 6 Technician RFP No021 2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTONS AND PLAN REVIEW SERVICES C- 12 1-ZIgn 2t2tS of 89b' 0 THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY", and C.A.P. Government, Inc., hereinafter referred to as "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive Contract to perform building inspections and plan review services, and WHEREAS, THE CITY issued a Request For Proposal for SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES, RFP No. 021-2411-201'RW; and WHEREAS, RFP No. 021-2411-20/RW defined Scope of Services as SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES; and WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in RFP No. 021-2411-20/RW; and WHEREAS, the CITY Manager administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of supplemental building inspections and plan review service within the scope of the Request for Proposal; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE I - SERVICES 1.1 CONSULTANT agrees to perform Supplemental Building Inspections and Plan Review Services outlined in RFP No. 021-2411-20/RW and incorporated herein: Sections "RESPONSIBILITIES" and "EQUIPMENT". RESPONSIBILITIES a. Inspection and Plan Review services shall include, but not be limited to, fire, general building, mechanical (HVAC), plumbing, structural and electrical, as well as providing all administrative documentation as required by the City. b. Inspect permitted construction within the City limits, for compliance with City codes and ordinances and permitted plans and specifications. c. Receive and Investigate alleged complaints of working without permits, code violations, etc., by citizens, City employees, and others including appearances before the Code Enforcement Board where appropriate. REP No. 021-2411-20/RW FOR A PROFESSIONAL. SERVICES AGREEMENT FOR SUPPLEMENTAL. BUILDING INSPECTIONS AND PLAN REVIEW SERVICES GI d. Prepare written reports of inspections and investigations of complaints and other reports as may be reasonably requested by the City. City inspection forms must be used. e. Maintain records of inspection and investigations. Log daily inspections and results in the computer system. t Review plans for code compliance. Maintain records of reviews and investigations. Log daily reviews and results in the computer system. g. Contact contractors, architects, engineers, and citizens about construction projects, code questions, and other concerns. h. Perform other duties that are related to or incidental to Inspector's or Plan Reviewer's primary duties as herein described and that the City may from time to time assign. I. Perform these duties during normal business hours of 7:00 AM to 6:00 PM, Monday through Thursday as needed, or as may be altered with mutual agreement. j. Report to the City's Building Official or designee. k. Inspection Services and Plan Review shall be provided in the event of a natural disaster (i.e. hurricane). 1. Inspection personnel may be required to attend meetings or to provide consultation to the City. EQUIPMENT Each inspector shall be required to provide the following items at their own cost: a) An inspection vehicle in good operating condition, subject to approval by the City, capable of transporting one ladder. Vehicle may be required to display a City of Boynton Beach magnetic sign (provided by the City) on the doors. b) Cellular telephone. c) One ladder capable of reaching the roof of a typical one-story home. d) Uniform provided by the firm contracting with the City. e) Safety shoes, hardhats, and other safety related equipment. 561-742-6121. The CONSULTANT'S Representative during the performance of the Contract shall be Carlos A. Penin, PE: 305-666-717& RFP Na. 021,.-241.1-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES C-2 2A The initial Contract period shall be for an initial term of one (1) year, commencing on February 17, 2021. The City reserves the right to renew the contract for three (3) additional one (1) year periods, under the same terms, conditions. The Services to be performed during the initial one (1) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant, 22 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 i- • r i r r- HE 411'*16111400 . walk"*"15111 ON" r• `• 01:411115ONZIE, nal-lWiltyki, 4.1 PAYMENT. The Professional shall be paid by the City for completed work and for services rendered under this agreement as follows - b. The Professional may submit invoices to the City once per month during the progress of the contract term. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Professional in the amount approved. c. Final payment of any balance due the Professional 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. i. 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. &t. The Professional's records and accounts pertaining to this agreement are to be kept years after the termination of the Agreement. Copies shall be made available upon request 5.1 it 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 RFP No, 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPI.EMENTAL BUILDING INSPECflONS AND PLAN REVIEW SERVICES C-3 Lots] miriffK01,121 1141111] a R101 I W*M'#xK*J ILI 6"11JEFTA110 I 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 PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES. 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. A ----------- 9.1 CONSULTANT shall indemnify and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission of the CONSULTANT. 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 my result from this Agreement or out of the services or goods furnished hereunder. I waLli'Lom REP No. 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES C-4 10,11 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and f -i- i .i' deoverage 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, The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, 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 of ArticIe 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. 10.1 3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10 .1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence. 102 It shall be the responsibility of the CONSULTANT to ensure that all sub -consultants comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 1 0A CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims -made policy only RFP No. 021 2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES C-5 ARTICLE 11 -INDEPENDENT CONSULTANT 111 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 121 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 conitingent 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, 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. 112 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non- current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTs. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. "T _:W$J 4 � & E I I F. _41 aM UffffJ0JiT, 1! 9 M*Tx I [ ti k i Ail 14.1 The CONSULTANT, with regard to the work performed by it under this Agreement, will nol discriminate on the grounds of race, color, national origin, religion, creed, age, sex or thei 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. RFP No. 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES C-6 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 ten (10) 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 termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 - DISPUTES 191 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 or 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 fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 191 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. I roll 9 [111 __q �to_t_qqyr�t _9n Beach . . .......... . . ........ . — -- -------- . ....... ............ . .......... . Attn: Lori LaVerriere, C r iiy ......................... . . . . . . 100 E. Ocean Avenue ------- . . . .............. . ..... . ............... `r • •n Beach, FL 33435 1 REP No. 021-2411.20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES C-7 r--", -"-- - - - - - - - -------------------------- - C.A.P. Government, Inc. .............. ...................... --.- .. .......... . . .................................... . .. . ........ . . 343 Almeria Avenue ........................... . .............. ......... Coral Gables, FIL 33134 Attn: Carlos A. Penin, PE . .. . ........................... ........... . ..... . . ..... . ...... Tel: 350-448-1711 Fax: 305-448-1712 .............. . . . . ...... Email: cap@qa pa .com .................................. . .... . . .......... 21A This Agreement, together with the RFP/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and M 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. 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunes and limitations on liability provided for in Section 768 .28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 222 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post -judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 2. The parties agree that any action arising out of this Agreement shall take place in PaIrr. Beach County, Florida. 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 Florida Statutes 119 07. RFP No. 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES (1-8 • • • $ , --01011 LOS gm -all &V-144010 0110111 LOU I im OMEN 01 MV In IfflON I In AIR I •• • • t • • *• `• • • i! B. Upon requestfrom •• of public records,provide copy of the requested records or allow the records to be inspected or copied within a reasonable time at * cost that does not*A the cost provided .• • Stat. or as otherwise provided I CEnsure that public recordsi or that are confidentiali exempt from public record disclosure requirementsnot *d except as • *i by law exemptfor 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 i • • in its possession once the CONSULTANT records in its possession to . • Upon completioncontract,II to the CITY, at no cost to the CITY, all public recordspossession. All * • • • *N electronicallyby CONSULTANT must be provided t11 the CITY, upon.•from the custodian of public records,. format that is compatible with the information technology of E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS MYELATING TO THIS CONTRACT, CUSTODIAN PUBLIC iM i WII IM CRYSTAL • OCEANSON, CITY CLERK 100 E. AVENUE BOYNTON BEACH, FLORIDA, 33435 ' •NE: 561-742-606 GIBSONC@BBFL.US 24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Proposer Proposer • on -• Companies Boycott • on *• CompaniesActivities in Sudanand not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONSULTANT been engaged in business operations in Syria. Subject to limited exceptions provided • for provision of goods II scrutinizedservices with any company referred to above. Submitting a false certification RFP No, 0121-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES C- A IMP57N allegation. If such false certification is discovered during the active contract ter CONSULTANT shall have ninety (90) days following receipt of the notice to respond writing and demonstrate that the determination of false certification was made in error. CONSULTANT ♦r- not demonstrate that the CITY's determination of false certificati was made in error then the CITY shall have the right to terminate the contract and se civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time time. Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below, 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration, "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement, Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including subvendors/subconsultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Contractor shall comply with the provisions of Section 448,095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the RFP No. 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES C-10 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, This Agreement will take effect on February 17, 2021 or once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. - IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. M M= I 14K41011a-MQ' IN a ILYA 0 M i1j6JW.11M oltz*161111 [f m t;4#1rt I I KOJI I* I I a n I Kill I a I I L;Aou 11sly"i I #I# nor. City Clerk" %)( Atte,Lst/AMW 901111MMM"IM RFP Na. 021-2411-20/RW FOR A PROFESSIONAL SERVICES AGREEMENT FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN RMEW SERVICES C-11. Page 459 of 895 7.B. Consent Bids and Purchases Over $100,000 11/16/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/16/2021 Requested Action by Commission: Approve Amendment No. 2 to Task Order UT -1C-05 with Carollo Engineers in the amount of $69,930.00 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C awarded by City Commission on August 22, 2018 for additional task associated with the Community Rating System 2022 yearly recertification. Explanation of Request: The National Flood Insurance Program's (NFIP) Community Rating System (CRS) was implemented in 1990 as a voluntary program for recognizing and encouraging community floodplain management activities exceeding the NFIP's minimum standards. Flood insurance rates, which are calculated by the Federal Emergency Management Agency's (FEMAs) National Flood Insurance Program, are determined in part by the work that each community does to reduce the effects of flooding in the community. The CRS uses a Class Rating system that is similar to fire insurance rating to determine flood insurance premium reductions for residents. The CRS Class Ratings are rated from 10 (no premium reduction) to 1 (45% premium reduction). Each class rating improvement accounts for an additional 5% premium reduction for the City's residents. The City of Boynton Beach CRS Class 6 rating became effective on October 1, 2017 giving residents a 20% discount on flood insurance premiums within the City's Special Flood Hazard Area. Properties outside of this area receive a 10% discount. As a result of the 2021 CRS verification the City will improve its CRS classification to Class 5 effective on April 1, 2022. On February 4, 2020, the City Commission approved Task Order UT -1C-05 with Carollo Engineers for Community Rating System (CRS) support services for the verification process. On February 16, 2021, the City Commission approved Amendment No. 1 for additional services to comply with new requirements in the 2021 Addendum to the 2017 CRS Manual. Now Staff recommends the approval of Amendment No. 2 for services in support of the 2022 yearly recertification process. The scope of work to be provided by Carollo Engineers and their subconsultant, Lori Lehr Inc., include: extensive review of the City's Elevation Certificates; yearly update of the Program for Public Information, outreach materials and website; reports and documentation for each department involved in the production of the documentation for CRS compliance (Utilities, Public Works, Building Department, Fire Rescue, Community Standards, Planning & Zoning, Information Technology Services, and City Manager's Office); and • providing additional activities to support advancement in the CRS program. The majority of the services will be provided by Lori Lehr Inc., as Ms. Lehr is a Certified Floodplain Manager and specializes in services and support for the Community Rating System (CRS) program. The original task order, existing and proposed amended fee for this Task Order are as follows: Page 460 of 895 Original Task Order fee: $73,600.00 Amendment No. 1: $52,500.00 Amendment No. 2: $69,930.00 For a total Task Order fee of $196,030.00 How will this affect city programs or services? Activities related to the documentation require for the 2022 CRS annual recertification submission are due on or before May 1, 2022. Then the City must respond to the post -recertification inquires conducted by the CRS program administrator, the Insurance Services Office (ISO), in order for the City residents and businesses to continue to receive the current discounts on their flood insurance. Fiscal Impact: Funding is available in the Utilities Fund account: 401-2824-536.49-17 Alternatives: Not to approve the requested Amendment No. 2. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Trill Order Description I:"ircposell Page 461 of 895 'C 11 SWAM Uot Engineers ... Watking Wonder's With G Waterlv, October 25, 2021 Mrs. Angela Primas Boynton Beach Utilities 124 E. Woolbright Road Boynton Beach, FL 33435 J )O \f'vsl ,i Il,v"x ,uIu. J /100, r �;I I' �I i i II.h, I Io J" , 31'1 P ',FA 1 8,68 6,100 1 )6 1 P (� G,lii:I Subject: Amendment No. 2 to Task Order No. UT -1C-05 under Contract No. 046282117A Dear Mrs. Primas: Enclosed is Carollo documentation to support Addendum No. 2 to the subject Task Order, due to necessary work beyond the original scope of work for the Community Rating System Evaluation and Support Services forthe Community Rating Verification Process. The original and proposed amended fee for this Task Order are as follows: • Original Task Orderfee: $73,600.00 • Amendment No. 1: $52,500.00 • Amendment No. 2: $69,930.00 For a total Task Order fee of $196,030.00 We look forward to keep working with the City in this important project. Sincerely, CAROLLO ENGINEERS, INC. 0� , M. Angelica Gregory, PhD., PE. Associate Vice President ag CC: Liz Fujikawa, Chris Roschek F'rrrler.P.; No I p:I......F,rnendrnurnP IVo1.....Cnve~r I...cP;t<sr,,.f)ctcrbei' 22,202 d8 WATER OUR FOCUS �a OUR BUSINESS OUR FRAgIC462 of 895 Community Rating System Evaluation and Support Services for the Community Rating Verification Process Contract No.: 046-2821-17/TP-General Consulting Services Scope Category "C" Task Order No. UT -1 C-05 AMENDMENT NO. 2 October 25, 2021 In an effort to accommodate needs of the Community Rating System Evaluation and Support Services for the Community Rating Verification Process project beyond the original scope, Carollo shall facilitate sub consultant Lori Lehr, Inc. to complete the following additional work: Extensive review of the City's Elevation Certificates for compliance with the National Flood Insurance Program and the CRS Program. Elevation Certificate compliance is a prerequisite to participation in the CRS program. All requested Elevation Certificates are to be submitted to me for review and processing no later than March 15, 2022. 2. Activities related to the documentation required for the 2022 CRS annual recertification submission due to ISO on or before May 1, 2022. All requested documentation must be submitted to me for review and processing no later than April 15, 2022. a. Guidance with completing the Program Data Table. b. Review of map services log and data sources. c. Conduct annual Program for Public Information (PPI) meeting in March of 2021 and prepare PPI progress report to include an evaluation of flood insurance trends with the promotion of flood insurance. d. Review annual outreach projects for compliance with the PPI. e. Review flood protection information in the Palm Beach County Library and on the Boynton Beach website. f. Review open space calculations if new Flood Insurance Rate Maps (FIRMs) have been adopted. g. Review flood data maintenance mapping for compliance with the current CRS credit. h. Review the repetitive loss data for potential updates and prepare the annual progress report for the Repetitive Loss Area Analysis. i. Prepare the annual progress report for the Palm Beach County Local Mitigation Strategy as it applies to Boynton Beach. j. Review drainage maintenance activities for compliance with CRS commitment. k. Assist with identifying required documentation for annual activities to maintain CRS credit for flood warning and response activities. Boynton Page 1 of 2 Page 463 of 895 Beach is expected to conduct a flood exercise and a test of the emergency broadcast systems. 3. Collate, format and submit documentation to ISO the annual recertification process. All requested documentation must be submitted to me no later than April 15, 2022, to guarantee delivery to ISO on or before May 1, 2022. Through this amendment, Carollo kindly requests compensation as summarized in the following table. The attached letter dated September 27, 2021 provides further detail and substantiation of this additional work. Task Description Sub Consultant Carollo Fee Total Fee 1. Elevation Certificate review $4,500.00 $495.00 $4,995.00 2. Annual Recertification Review $48,000.00 $5,280.00 $52,800.00 3. Annual Certification Submission $10,500.00 $1,155.00 $11,550.00 Total = $63,000.00 $6,930.00 $69,930.00 Page 2 of 2 Page 464 of 895 f Lori Lehr, CFM 0( LORI LEHR INC. r��ll 727.235.3875 YOUR LINK TO CRS SUCCESS lori@lorilehrinc.com September 27, 2021 Angela Prymas, P.E. Utilities — Senor Engineer Boynton Beach Utilities City of Boynton Beach 124 East Woolbright Road Boynton Beach, Florida 33453 Via Email: PrymasA@bbfl.us RE: Proposal to Amend the Current Agreement to Perform Continued Professional Community Rating System Services and Support. Dear Ms. Prymas, On December 5, 2019, a proposal was submitted Boynton Beach for CRS services related to an anticipated 2020 CRS Verification. An agreement was reached in June of 2020 to provide the services listed in the proposal to assist Boynton Beach staff with the upcoming CRS 5 -year verification process. In September of 2020 an amendment was approved for additional services related to the City's goal of reaching a better CRS Class. The review period was extended by four (4) months to include the 2021 Addendum to the 2017 CRS Coordinator's Manal. In June of 2021, the City was notified that the City had qualified for a CRS Class improvement to a CRS Class 5, affording a 25% discount on most NFIP policies beginning April 1, 2022. The additional service outlined in this proposal are for ongoing CRS related services to assist the City of Boynton Beach with ongoing activity requirements related to the 2022 CRS annual recertification process. The additional proposed services related to these activities were not included in the original proposal or the previous amendment to the agreement. Additional proposed service related these activities that were not included in the original proposal for services are the following: Task 1. Extensive review of the City's Elevation Certificates for compliance with the National Flood Insurance Program and the CRS Program. Elevation Certificate compliance is a prerequisite to participation in the CRS program. All requested Elevation Certificates are to be submitted to me for review and processing no later than March 15, 2022. Task 2. Activities related to the documentation required forthe 2022 CRS annual recertification submission due to ISO on or before May 1, 2022. All requested documentation must be submitted to me for review and processing no later than April 15, 2022. Task 2a. Guidance with completing the Program Data Table. Task 2b. Review of map services log and data sources. Page 465 of 895 City of Boynton Beach Community Rating System Program Support Service Task 2c. Conduct annual Program for Public Information (PPI) meeting in March of 2021 and prepare PPI progress report to include an evaluation of flood insurance trends with the promotion of flood insurance. Task 2d. Review annual outreach projects for compliance with the PPI. Task 2e. Review flood protection information in the Palm Beach County Library and on the Boynton Beach website. Task 2f. Review open space calculations if new Flood Insurance Rate Maps (FIRMs) have been adopted. Task 2g. Review flood data maintenance mapping for compliance with the current CRS credit. Task 2h. Review the repetitive loss data for potential updates and prepare the annual progress report for the Repetitive Loss Area Analysis. Task 2i. Prepare the annual progress report for the Palm Beach County Local Mitigation Strategy as it applies to Boynton Beach. Task 2j. Review drainage maintenance activities for compliance with CRS commitment. Task 2k. Assist with identifying required documentation for annual activities to maintain CRS credit for flood warning and response activities. Boynton Beach is expected to conduct a flood exercise and a test of the emergency broadcast systems. Task 3. Collate, format and submit documentation to ISO the annual recertification process. All requested documentation must be submitted to me no later than April 15, 2022, to guarantee delivery to ISO on or before May 1, 2022. Professional Fee for Proposed Changes: Task Hours Rate Cost Task 1. EC Review 30 $150.00 $4,500.00 Task 2. Annual Recertification Review Task 2a. Program Data Table 10 $150.00 $1,500.00 Task 2b. Map Services 10 $150.00 $1,500.00 Task 2c. PPI Meeting and Report 80 $150.00 $12,000.00 Task 2d. Outreach Projects 40 $150.00 $6,000.00 Task 2e. Flood Protection 10 $150.00 $1,500.00 Task 2f. Open Space 15 $150.00 $2,250.00 Task 2g. Flood Data Maintenance 10 $150.00 $1,500.00 Task 2h. Repetitive Loss 75 $150.00 $11,250.00 Task 2i. Local Mitigation Strategy 40 $150.00 $6,000.00 Task 2j. Drainage Maintenance 10 $150.00 $1,500.00 Task 2k. Flood Warning and Response 20 $150.00 $3,000.00 Task 3. Annual Recertification Submission 70 $150.00 $10,500.00 420 1 1 $63,000.00 LORI LEHR INC. Page 466 of 895 City of Boynton Beach Community Rating System Program Support Service Total Fee of $63,000 The total fee shall not be exceeded without further written authorization by the City of Boynton Beach. This Proposal is only for the items specifically mentioned in the tasks listed in this proposal. The project shall be billed monthly based upon the hourly rate schedule above. Please Note: Reimbursable travel expenses, such as mileage, hotel, and per diem is not included in the estimated. I look forward to working with you and appreciate the opportunity to submit this proposal for additional CRS support services. The Contract Amendment will be effective to September 30, 2022. Please contact me if you have any questions. Sincerely, A G"L (- Lori Lehr, CFM Lori Lehr Inc. LORI LEHR INC. Page 467 of 895 7.C. Consent Bids and Purchases Over $100,000 11/16/2021 Requested Action by Commission: Proposed Resolution No. R21-162 - Approve utilizing the City of Hollywood, FL. Bid No. F -4664 -21 -RL and Authorize the City Manager to sign an agreement with Juniper Landscaping of Florida, LLC. of Fort Myers, FL for Athletic Field Maintenance for an estimated annual cost of $335,770.81. The City of Hollywood's procurement process satisfies the City's competitive bid requirements. Explanation of Request: Agreement Term: December 6, 2021 thru December 5, 2024 Juniper Landscaping of Florida, LLC has been awarded the athletic field grounds maintenance services from the City of Hollywood under a continuing services contract. The Contractor shall provide labor, supervision, equipment, supplies, tools, materials, and other necessary incidentals required to perform maintenance and irrigation services, with additional items such as turf fertilizer and aeration. The Parks and Grounds Division is seeking consent to piggyback this contract and establish an agreement with Juniper Landscaping of Florida, LLC to provide athletic field maintenance services at designated parks within the City of Boynton Beach at the level of service that is expected by users. Little League Park athletic field maintenance is currently performed through an maintenance agreement with the Boynton Beach Athletic Association, which provides BBAA with four (4) payments, one (1) per quarter, totaling $10,500.00 per year. The City's other athletic facility maintenance is being performed by City staff on a very limited basis. Staff currently mow, edge and occasionally fertilize and treat fields for insects. Moving forward with Juniper Landscaping will bring in a professional contractor with a strong specialized knowledge in athletic field maintenance. The athletic facilities shall be partitioned into five (5) locations, pricing for each location is based on acreage, with a price for monthly maintenance at $542.80 per acre and $31.66 per acre for irrigation services. LOCATION ACRES MAINTENANCE IRRIGATION Ezell Hester Park 9.1 $4,939.48 $288.11 (Athletic Areas) Galaxy Park 4 $2,171.20 $126.64 Little League Park 12 $6,513.60 $379.92 Pence Park 3 $1,628.40 $94.98 Wilson Park 5.5 $2,985.40 $174.13 TOTAL FOR ALL LOCATIONS PER 33.6 $18,238.08 $1,063.78 MONTH Page 468 of 895 How will this affect city programs or services? The newly proposed and adequately budgeted maintenance program will improve the City's athletic facilities and and provide for correct agronomic maintenance practices. The effect of improved field conditions will allow the City to provide a better level of service to residents and program participants. Field improvements will also lead to revenue potential in the form of athletic field rentals and additional City programming. Fiscal Impact: Budgeted: 001-2730-572.46-98 Alternatives: Do not utilize the City of Hollywood's bid and issue the City's own bid. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Contracts Vendor Name: Juniper Landscaping of Florida, LLC Start Date: 12/6/2021 End Date: 12/5/2024 Contract Value: 335,770.81 per year Minority Owned Contractor?: Extension Available?: Yes Extension Explanation: Two (2) one-year renewal options (City of Hollywood) Attachments: Page 469 of 895 Ty pe D Resolution D Bid D Contract Description FResolk.1tion alppuromiin1piggy back Agreement Wth Juniper I aindscaping City of If llolllly wood Bid [..)o(,,uirn(,,in[ City of lollywood Amairdhl::10 Page 470 of 895 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING UTILIZING THE CITY OF HOLLYWOOD, FL. BID NO. F- 4664 -21 -RL AND AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT WITH JUNIPER LANDSCAPING OF FLORIDA, LLC. OF FORT MYERS, FL FOR ATHLETIC FIELD MAINTENANCE FOR AN ESTIMATED ANNUAL COST OF $335,770.81; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Boynton Beach has been very limited in our capabilities to perform effective athletic field maintenance to the level of service that is expected by users; and WHEREAS, the newly proposed and adequately budgeted maintenance program will improve our athletic facilities and align us with the correct agronomic maintenance practices; 17 and 18 19 20 21 22 23 24 25 26 27 WHEREAS the Parks and Grounds Division is seeking consent to piggyback this contract and establish an agreement with Juniper Landscaping of Florida, LLC to provide athletic field maintenance services at designated parks within the City of Boynton Beach; and WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City of Boynton to approve utilizing the City of Hollywood, FL. Bid No. F -4664 -21 -RL and authorize the City Manager to sign an Agreement with Juniper Landscaping of Florida, LLC. of Fort Myers, FL for Athletic Field Maintenance for an estimated annual cost of $335,770.81. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Agreements\Piggy-Back Hollywood For Juniper Landscaping (Athletic Field Maintenance) - Reso.Docx Page 471 of 895 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission hereby approves utilizing the City of Hollywood, FL. 32 Bid No. F -4664 -21 -RL and authorizes the City Manager to sign an Agreement with Juniper 33 Landscaping of Florida, LLC. of Fort Myers, FL for Athletic Field Maintenance for an estimated 34 annual cost of $335,770.81, a copy of which is attached hereto as Exhibit "A. 35 Section 3. This Resolution shall become effective immediately upon passage. 36 37 PASSED AND ADOPTED this 16th day of November, 2021. 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ATTEST: 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga VOTE YES NO S:ACA\RESO\Agreements\Piggy-Back Hollywood For Juniper Landscaping (Athletic Field Maintenance) - Reso.Docx Page 472 of 895 City of Hollywood, Florida Bid F -4664 -21 -RL Solicitation F -4664 -21 -RL Athletic Field Maintenance Bid Designation: Public I' Y o wf: City of Hollywood, Florida 3/11/2021 8:54 AM Page 473 of 8p9 City of Hollywood, Florida Bid F -4664 -21 -RL Athletic Field Maintenance Bid Number F -466421 -RL Bid Title Athletic Field Maintenance Bid Start Date Feb 11, 2021 11:44:31 AM EST Bid End Date Mar 23,20213:00:00 PM EDT Question & Mar 2,20215:00:00 PM EST Answer End Date Bid Contact Robert Lowery Procurment Contracts Officer 954921-3552 RLOWERY@hollywoodfl.org Bid Contact Daniel Mainero Procurement Specialist 954921-3248 dmainero@hollywoodfl.org Contract Duration 3 years Contract Renewal 2 annual renewals Prices Good for 180 days Bid F -4664 -21 -RL Bid Comments The CITY of Hollywood is seeking proposals from qualified Contractor's to establish a contract to provide athletic field maintenance services at designated parks within the CITY limits in conformity with the requirements as specified herein. Addendum # 1 Item Response Form Item F -466421 -RL --01-01- BOGGS FIELD: Boggs East / Police Athletic League Field Maintenance Quantity 12 month Unit Price 3/11/2021 8:54 AM Page 474 of 8p9 City of Hollywood, Florida Delivery Location City of Hollywood, Florida No Location Specified Qty 12 Description Boggs East / Police Athletic League Field Maintenance Item F -4664 -21 -RL --01-02- BOGGS FIELD: Boggs West Field Maintenance Quantity 12 month Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 12 Description Boggs West Field Maintenance Item F -4664 -21 -RL --01-03- BOGGS FIELD: Boggs East/ Police Athletic League Irrigation Maintenance Quantity 12 month Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 12 Description Boggs East / Police Athletic League Irrigation Maintenance Item F -4664 -21 -RL --01-04- BOGGS FIELD: Boggs West Irrigation Maintenance Quantity 12 month Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 12 Description Boggs West Irrigation Maintenance Bid F -4664 -21 -RL Item F -4664 -21 -RL --01-05 - BOGGS FIELD: Bermuda Turf Installation (includes removal, disposal, site prep and installatio Quantity 10000 square foot Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 10000 Description 3/11/2021 8:54 AM Page 475 of 8p§ City of Hollywood, Florida Bid F -4664 -21 -RL Bermuda Turf Installation (includes removal, disposal, site prep and installation) Item F -4664 -21 -RL --01-06- BOGGS FIELD: Irrigation Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesal Quantity 1 each Percentage Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Irrigation Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesale Item F -4664 -21 -RL --01-07- BOGGS FIELD: Chemicals & Fertilizers Quantity 1 each Percentage Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Chemicals & Fertilizers Item F -4664 -21 -RL --01-08- BOGGS FIELD: Miscellaneous supplies and materials Quantity 1 each Percentage Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Miscellaneous supplies and materials Item F -4664 -21 -RL --02-01 - DRIFTWOOD: Driftwood Field Maintenance Quantity 12 month Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 12 Description Driftwood Field Maintenance Item F -4664 -21 -RL --02-02- DRIFTWOOD: Driftwood Irrigation Maintenance Quantity 12 month 3/11/2021 8:54 AM Page 476 of 8P& City of Hollywood, Florida Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 12 Description Driftwood Irrigation Maintenance Bid F -4664 -21 -RL Item F -4664 -21 -RL --02-03 - DRIFTWOOD: Bermuda Turf Installation (includes removal, disposal, site prep and installatio Quantity 10000 square foot Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 10000 Description Bermuda Turf Installation (includes removal, disposal, site prep and installation) Item F -4664 -21 -RL --02-04- DRIFTWOOD: Irrigation Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesa Quantity 1 each Percentage Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Irrigation Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesale Item F -4664 -21 -RL --02-05- DRIFTWOOD: Chemicals & Fertilizers Quantity 1 each Percentage Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Chemicals & Fertilizers Item F -4664 -21 -RL --02-06- DRIFTWOOD: Miscellaneous supplies and materials Quantity 1 each Percentage Delivery Location City of Hollywood, Florida No Location Specified 3/11/2021 8:54 AM Page 477 of 8p§ City of Hollywood, Florida Qty 1 Description Miscellaneous supplies and materials Item F -4664 -21 -RL --03-01 - HOLLYWOOD WEST: Hollywood West Field Maintenance Quantity 12 month Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 12 Description Hollywood West Field Maintenance Item F -4664 -21 -RL --03-02- HOLLYWOOD WEST: Hollywood West Irrigation Maintenance Quantity 12 month Unit Price Delivery Location City of Hollywood, Florida No Location Specified Bid F -4664 -21 -RL Qty 12 Description Hollywood West Irrigation Maintenance Item F -4664 -21 -RL --03-03 - HOLLYWOOD WEST: Bermuda Turf Installation (includes removal, disposal, site prep and installatio Quantity 10000 square foot Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 10000 Description Bermuda Turf Installation (includes removal, disposal, site prep and installation) Item F -4664 -21 -RL --03-04- HOLLYWOOD WEST: Irrigation Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesa Quantity 1 each Percentage Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Irrigation Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesale 3/11/2021 8:54 AM Page 478 of 8p§ City of Hollywood, Florida Item F -4664 -21 -RL --03-05- HOLLYWOOD WEST: Chemicals & Fertilizers Quantity 1 each Percentage Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Chemicals & Fertilizers Item F -4664 -21 -RL --03-06 - HOLLYWOOD WEST: Miscellaneous supplies and materials Quantity 1 each Percentage Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Miscellaneous supplies and materials Item F -4664 -21 -RL --04-01- ROTARY PARK: Rotary Park Field Maintenance Quantity 12 month Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 12 Description Rotary Park Field Maintenance Item F -4664 -21 -RL --04-02 - ROTARY PARK: Rotary Park Irrigation Maintenance Quantity 12 month Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 12 Description Rotary Park Irrigation Maintenance Bid F -4664 -21 -RL Item F -4664 -21 -RL --04-03 - ROTARY PARK: Bermuda Turf Installation (includes removal, disposal, site prep and installatio Quantity 10000 square foot 3/11/2021 8:54 AM Page 479 of 8p9 City of Hollywood, Florida Bid F -4664 -21 -RL Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 10000 Description Bermuda Turf Installation (includes removal, disposal, site prep and installation) Item F -4664 -21 -RL --04-04- ROTARY PARK: Irrigation Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesa Quantity 1 each Percentage Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Irrigation Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesale Item F -4664 -21 -RL --04-05 - ROTARY PARK: Chemicals & Fertilizers Quantity 1 each Percentage Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Chemicals & Fertilizers Item F -4664 -21 -RL --04-06 - ROTARY PARK: Miscellaneous supplies and materials Quantity 1 each Percentage Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Miscellaneous supplies and materials Item F -4664 -21 -RL --05-01- WASHINGTON PARK: Washington Park Field Maintenance Quantity 12 month Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 12 3/11/2021 8:54 AM Page 480 of 8p§ City of Hollywood, Florida Description Washington Park Field Maintenance Item F -4664 -21 -RL --05-02- WASHINGTON PARK: Washington Park Irrigation Maintenance Quantity 12 month Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 12 Description Washington Park Irrigation Maintenance Bid F -4664 -21 -RL Item F-4664-21-RL--05-03-WASHINGTON PARK: Bermuda Turf Installation (includes removal, disposal, site prep and installatio Quantity 10000 square foot Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 10000 Description Bermuda Turf Installation (includes removal, disposal, site prep and installation) Item F -4664 -21 -RL --05-04- WASHINGTON PARK: Irrigation Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesa Quantity 1 each Percentage Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Irrigation Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesale Item Quantity Percentage Delivery Location Description Chemicals & Fertilizers F -4664 -21 -RL --05-05 -WASHINGTON PARK: Chemicals & Fertilizers 1 each City of Hollywood, Florida No Location Specified Qty 1 3/11/2021 8:54 AM Page 481 of 8p§ City of Hollywood, Florida Bid F -4664 -21 -RL Item F -466421 -RL --05-06- WASHINGTON PARK: Miscellaneous supplies and materials Quantity 1 each Percentage Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Miscellaneous supplies and materials Item F -4664 -21 -RL --06-01- SUPPLEMENTAL WORK: St. Augustine "Floratam" Sod Quantity 1 square foot Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description St. Augustine "Floratam" Sod Item F -4664 -21 -RL --06-02 - SUPPLEMENTAL WORK: Tifway 419 Sod Quantity 1 square foot Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Tifway 419 Sod Item F -4664 -21 -RL --06-03- SUPPLEMENTAL WORK: Celebration Bermuda Sod Quantity 1 square foot Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Celebration Bermuda Sod Item F -4664 -21 -RL --06-04- SUPPLEMENTAL WORK: Bahia Sod Quantity 1 square foot Unit Price Delivery Location City of Hollywood, Florida No Location Specified 3/11/2021 8:54 AM Page 482 of �.q§ Qty 1 Description Bahia Sod City of Hollywood, Florida Item F -466421 -RL --06-05 - SUPPLEMENTAL WORK: Red Mulch - 2 cu. ft bag Quantity 1 each Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Red Mulch - 2 cu. ft bag Item F -466421 -RL --06-06 - SUPPLEMENTAL WORK: Spanish Gold Mulch - 2 cu. ft bag Quantity 1 each Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Spanish Gold Mulch — 2 cu. ft bag Item F -4664 -21 -RL --06-07 - SUPPLEMENTAL WORK: Soil - 70/30 mix Quantity 1 cubic yard Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Soil — 70/30 mix Item F -466421 -RL --06-08- SUPPLEMENTAL WORK: Soil 80/20 mix Quantity 1 cubic yard Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Soil — 80/20 mix 3/11/2021 8:54 AM Bid F -4664 -21 -RL Page 483 of �.q� City of Hollywood, Florida Bid F -4664 -21 -RL Item F -466421 -RL --06-09 - SUPPLEMENTAL WORK: Red Mulch - Blown Quantity 1 cubic yard Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Red Mulch - Blown Item F -4664 -21 -RL --06-10- SUPPLEMENTAL WORK: Spanish Gold Mulch -Blown Quantity 1 cubic yard Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Spanish Gold Mulch — Blown Item F -4664 -21 -RL --06-11- SUPPLEMENTAL WORK: Annuals Mix Quantity 1 cubic yard Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Annuals Mix Item F -4664 -21 -RL --06-12 - SUPPLEMENTAL WORK: Sand - Golf Course Trap Sand Quantity 1 cubic yard Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Sand — Golf Course Trap Sand Item F -4664 -21 -RL --06-13 - SUPPLEMENTAL WORK: Sand - 70/30 mix Quantity 1 cubic yard Unit Price Delivery Location City of Hollywood, Florida No Location Specified 3/11/2021 8:54 AM Page 484 of �.q Qty 1 Description Sand - 70/30 mix City of Hollywood, Florida Bid F -4664 -21 -RL Item F -4664 -21 -RL --06-14- SUPPLEMENTAL WORK: Crimson Stone for Baseball/Softball Warning Tracks (Installed 1/2 inch thick) Quantity 1 square foot Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Crimson Stone for Baseball/Softball Warning Tracks (installed % inch thick) Item F -4664 -21 -RL --06-15- SUPPLEMENTAL WORK: Field Clay for Baseball/Softball Infields and Pitcher's Mounds Quantity 1 ton Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Field Clay for Baseball/Softball Infields and Pitcher's Mounds Item F -4664 -21 -RL --06-16- SUPPLEMENTAL WORK: Bio -Barrier 12" Root Barrier Quantity 1 linear foot Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Bio -Barrier 12" Root Barrier Item F -4664 -21 -RL --07-01- LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Laborer/Groundskeeper Quantity 1 hour Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Laborer/Groundskeeper 3/11/2021 8:54 AM Page 485 of �.q§ Item Quantity Unit Price Delivery Location Description Irrigation Helper City of Hollywood, Florida F -4664 -21 -RL --07-02 - LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Irrigation Helper 1 hour City of Hollywood, Florida No Location Specified Qty 1 Bid F -4664 -21 -RL Item F -466421 -RL --07-03 - LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Irrigation Technician - Certified Quantity 1 hour Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Irrigation Technician - Certified Item F -4664 -21 -RL --07-04- LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Large Equipment Operator Quantity 1 hour Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Large Equipment Operator Item F -4664 -21 -RL --07-05 - LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Supervisor/Foreman Quantity 1 hour Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Supervisor/Foreman Item F -4664 -21 -RL --07-06 - LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Graduate Horticulturist Quantity 1 hour Unit Price 3/11/2021 8:54 AM Page 486 of �.q& City of Hollywood, Florida Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Graduate Horticulturist Item F -466421 -RL --07-07 - LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Bobcat w/operator Quantity 1 hour Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Bobcat w/operator Bid F -4664 -21 -RL Item F -4664 -21 -RL --07-08 - LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Front end loader w/operator Quantity 1 hour Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Front end loader w/operator Item F -4664 -21 -RL --07-09 - LABOR and EQUIPMENT - SUPPLEMENTAL WORK: 18 -yard dump truck w/driver Quantity 1 hour Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description 18 -yard dump truck w/driver Item F -4664 -21 -RL --07-10 - LABOR and EQUIPMENT - SUPPLEMENTAL WORK: 75 -ton crane w/operator Quantity 1 hour Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description 75 -ton crane w/operator 3/11/2021 8:54 AM Page 487 of �.q§ City of Hollywood, Florida Item F -4664 -21 -RL --07-11- LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Work boat w/operator Quantity 1 hour Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Work boat w/operator Item F -4664 -21 -RL --07-12 - LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Climber/trimmer Quantity 1 hour Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Climber/trimmer Bid F -4664 -21 -RL Item F -4664 -21 -RL --07-13 - LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Chipper truck w/operator Quantity 1 hour Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Chipper truck w/operator Item F -4664 -21 -RL --07-14- LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Bucket truck w/operator Quantity 1 hour Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Bucket truck w/operator Item F -4664 -21 -RL --07-15 - LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Water Truck w/operator Quantity 1 hour Unit Price 3/11/2021 8:54 AM Page 488 of �.q§ Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Water Truck w/operator City of Hollywood, Florida Item F -4664 -21 -RL --07-16- LABOR and EQUIPMENT -SUPPLEMENTAL WORK: Spray Technician Quantity 1 hour Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Spray Technician Bid F -4664 -21 -RL Item F -4664 -21 -RL --07-17 - LABOR and EQUIPMENT - SUPPLEMENTAL WORK: Laser Grading of Sports Field Quantity 1 hour Unit Price Delivery Location City of Hollywood, Florida No Location Specified Qty 1 Description Laser Grading of Sports Field 3/11/2021 8:54 AM Page 489 of �.q City of Hollywood, Florida ACKNOWLEDGMENT AND SIGNATURE PAGE This form must be completed and submitted by the date and the time of bid opening. Legal Company Name (include d/b/a if applicable): If Corporation - Date Incorporated/Organized: State Incorporated/Organized: Company Operating Address: City Remittance Address (if different from ordering address): City Company Contact Person: Phone Number (include area code): Company's Internet Web Address: Federal Tax Identification Number: State Zip Code State Zip Code Email Address: Fax Number (include area code): Bid F -4664 -21 -RL IT IS HEREBY CERTIFIED AND AFFIRMED THAT THE BIDDER/PROPOSER CERTIFIES ACCEPTANCE OF THE TERMS, CONDITIONS, SPECIFICATIONS, ATTACHMENTS AND ANY ADDENDA. THE BIDDER/PROPOSER SHALL ACCEPT ANY AWARDS MADE AS A RESULT OF THIS SOLICITATION. BIDDER/PROPOSER FURTHER AGREES THAT PRICES QUOTED WILL REMAIN FIXED FOR THE PERIOD OF TIME STATED IN THE SOLICITATION. Bidder/Proposer's Authorized Representative's Signature: Date Type or Print Name: THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER/PROPOSER TO BE BOUND BY THE TERMS OF ITS PROPOSAL. FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED BY AN AUTHORIZED REPRESENTATIVE SHALL RENDER THE BID/PROPOSAL NON-RESPONSIVE. THE CITY MAY, HOWEVER, IN ITS SOLE DISCRETION, ACCEPT ANY BID/PROPOSAL THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER/PROPOSER TO THE TERMS OF ITS OFFER. Bid/RFP/RFQ Number: F -4664 -21 -RL Title: Athletic Field Maintenance 3/11/2021 8:54 AM Page 490 of.� City of Hollywood, Florida Procurement Services Division 2600 Hollywood Boulevard, Room 303 Hollywood, Florida 33020 Bid F -4664 -21 -RL 3/11/2021 8:54 AM Page 491 of �.q§ City of Hollywood, Florida Issue Date SUBMISSION Proposal Due Date: Mar 23, 2021 3:00:00 PM EDT Bid F -4664 -21 -RL City of Hollywood, Florida Solicitation # F -4664 -21 -RL How to submit bids/proposals: Vendor's solicitation response must be submitted electronically through BidSync, the City's designated electronic bidding system. It is the Vendor's sole responsibility to assure its response is submitted and received through BidSync by the date and time specified in the solicitation. The City will not consider solicitation responses received by other means. Any timeframe references are in Eastern Standard Time. The official time for electronic submittals is BidSync's servers, as synchronized with the atomic clock. All parties without reservation will accept the official time. Important Notice: The Procurement Services Division shall distribute all official changes, modifications, responses to questions or notices relating to the requirements of this document. Any other information of any kind from any other source shall not be considered official, and bidders relying on other information do so at their own risk. The responsibility for submitting a bid/proposal on or before the time and date is solely and strictly the responsibility of the bidder/proposer, the City will in no way be responsible for delays caused by technical difficulty or caused by any other occurrence. No part of a bid/proposal can be submitted via FAX or via direct Email to the City. No variation in price or conditions shall be permitted based upon a claim of ignorance. 3/11/2021 8:54 AM Page 492 of929 City of Hollywood, Florida CONE OF SILENCE Bid F -4664 -21 -RL The City of Hollywood City Commission adopted Ordinance No. 0-2007-05, which created Section 30.15(F) imposing a Cone of Silence for certain City purchases of goods and Services. The Cone of Silence refers to limits on communications held between vendors and vendor's representatives and City elected officials, management and staff during the period in which a Formal Solicitation is open. The Ordinance does allow potential vendors or vendor's representatives to communicate with designated employees for the limited purpose of seeking clarification or additional information. The names and contact information of those employees that may be contacted for clarification or additional information are included in the solicitation. The Cone of Silence does not prohibit a vendor or vendor's representative from communicating verbally, or in writing with the City Manager, the City Manager's designee, the City Attorney or the City Attorney's designee on those procurement items to be considered by the City Commission. The Cone of Silence does not prohibit a vendor or vendor's representative from making public presentations at a duly noticed pre-bid conference or duly noticed evaluation committee meeting or from communicating with the City Commission during a duly noticed public meeting. The Cone of Silence shall be imposed when a formal competitive solicitation has been issued and shall remain in effect until an award is made, a contract is approved, or the City Commission takes any other action which ends the solicitation. To view the Cone of Silence, Ordinance No. 0-2007-05, go to the City of Hollywood's Official website at http://www.hollywoodfi.org/ConeOfSilence All communications regarding this bid should be sent in writing to the Procurement Services Division as identified in this bid. Bid/RFP/RFQ Number: F -4664 -21 -RL Title: Athletic Field Maintenance 3/11/2021 8:54 AM Page 493 of 9zf City of Hollywood, Florida Issue Date 1.0 GENERAL TERMS AND CONDITIONS 1.1 INSTRUCTIONS TO BIDDERS Bid F -4664 -21 -RL City of Hollywood, Florida IFB # F -4664 -21 -RL It is the policy of the City to encourage full and open competition among all available qualified vendors. All vendors regularly engaged in the type of Work specified in the Bid Solicitation are encouraged to submit bids. To receive notification and to be eligible to bid vendor should be registered with BidSync. Vendors may register with the BidSync (registration is free) to be included on a mailing list for selected categories of goods and Services. In order to be processed for payment, any awarded vendor must register with the City by completing and returning a Vendor Application and all supporting documents. For information and to apply as a vendor, please visit our website at hollywoodfl.org to download an application and submit it to Procurement Services Division. 1.2 BIDDERS RESPONSIBILITIES Bidders are required to submit their bids upon the following express conditions: A. Bidders shall thoroughly examine the drawings, specifications, schedules, instructions and all other contract documents. B. Bidders shall make all investigations necessary to thoroughly inform themselves regarding delivery of material, equipment or Services as required by the bid conditions. No plea of ignorance, by the bidder, of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations, or failure to fulfill in every detail the requirements of the contract documents, will be accepted as a basis for varying the requirements of the City or the compensation due the bidder. C. Bidders are advised that all City contracts are subject to all legal requirements provided for in the City of Hollywood Charter, Code of Ordinances and applicable County Ordinances, State Statutes and Federal Statutes. 1.3 PREPARATION OF BIDS Bids will be prepared in accordance with the following: A. The City's enclosed Bid Proposal Form, in its entirety, is to be used in submitting your bid. NO OTHER FORM WILL BE ACCEPTED. B. All information required by the bid form shall be furnished. The bidder shall sign each continuation sheet (where indicated) on which an entry is made. C. Unit prices shall be shown and where there is an error in extension of prices, the unit price shall govern. D. Alternate bids will not be considered unless authorized in the Invitation to Bid document. E. Proposed delivery time must be shown in calendar days, which shall include weekends and holidays. The City of Hollywood is exempt from payment to its vendors of State of Florida sales tax and, therefore, such taxes should not be figured into the bid. However, this exemption does not apply to vendors' purchases of goods or Services used in Work or goods supplied to the City. Vendors are responsible for any taxes, sales or otherwise, levied on their purchases, subcontracts, employment, etc. An exemption certificate will be signed where applicable, upon request. The City will pay no sales tax. 3/11/2021 8:54 AM Page 494 of 92z City of Hollywood, Florida 1.4 DESCRIPTION OF SUPPLIES Bid F -4664 -21 -RL Any manufacturer's names, trade names, brand names, or catalog numbers used in these applications are for the purpose of describing and establishing minimum requirements or level of quality, standards of performance, and design required, and are in no way intended to prohibit the bidding of other manufacturers' items of equal material, unless specifications state "NO SUBSTITUTIONS." Bidders must indicate any variances to the specifications, terms, and conditions, no matter how slight. If variations are not stated in the Proposal, it shall be construed that the bid fully complies with the Specifications, Terms and Conditions. Bidders are required to state exactly what they intend to furnish; otherwise they shall be required to furnish the items as specified. Bidders will submit, with their bids, necessary data (factory information sheets, specifications, brochures, etc.) to evaluate and determine the quality of the item(s) they are bidding. The City shall be the sole judge of equality and its decision shall be final. 1.5 ADDENDA The Procurement Services Division may issue an addendum in response to any inquiry received, prior to Bid opening, which changes, adds to or clarifies the terms, provisions or requirements of the solicitation. The Bidder should not rely on any representation, statement or explanation, whether written or verbal, other than those made in this Bid solicitation document or in any addendum issued. Where there appears to be a conflict between this Bid solicitation and any addendum the last addendum issued shall prevail. It is the Bidder's responsibility to ensure receipt of all addenda and any accompanying documents. Bidder(s) shall acknowledge receipt of any formal addendum by signing the addendum and including it with their Bid. Failure to include a signed formal Addendum in its Bid shall deem the Bid non-responsive; provided, however, that the City may waive this requirement in its best interest. 1.6 REJECTION OF BIDS The City may reject a bid if: A. The Bidder fails to acknowledge receipt of an addendum, or if B. The Bidder misstates or conceals any material fact in the bid, or if C. The bid does not strictly conform to the law or requirements of the bid, or if D. The bid is conditional, except that the Bidder may qualify its bid for acceptance by the City on an "all or none" basis, group basis, or a "low item" basis. An "all or none" basis bid must include all items upon which bids are invited. E. The City is under a pre -lawsuit claim from the Bidder or is involved in current litigation with the Bidder. The City may reject all bids whenever it is deemed in the best interest of the City to do so, and may reject any part of a bid unless the bid has been qualified as provided in paragraph D above. 1.7 WITHDRAWAL OF BIDS A. Bids shall be deemed enforceable for a period of 120 days after the time set for the bid opening. B. Bids may be withdrawn prior to the time set for the bid opening. Such request must be in writing. 3/11/2021 8:54 AM Page 495 of 929 City of Hollywood, Florida Bid F -4664 -21 -RL C. The City may permanently retain as liquidated damages the bid deposit furnished by any Bidder who requests to withdraw a bid after the bid opening. 1.8 LATE BIDS OR MODIFICATIONS Only bids or proposals received as of the opening date and time will be considered timely. Bids and modifications received after the time set for the bid opening will be returned un -opened to the sender and rejected as late. 1.9 CONFLICTS WITHIN THE BID SOLICITATION Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid Submittal Section, or any addendum issued, the order of precedence shall be the addenda in reverse chronological order, the Bid Submittal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. 1.10 CLARIFICATION OR OBJECTION TO BID SPECIFICATIONS If any person contemplating submitting a bid for this contract is in doubt as to the true meaning of the specifications or other bid documents or any part thereof, he or she may submit to the Procurement Services Division on or before the date specified for a request for clarification. All such requests for clarification shall be made in writing and the person submitting the request will be responsible for its prompt delivery. Any interpretation of the bid, if made, will be made only by Addendum duly issued. A copy of such Addendum will be made available to each person receiving an Invitation for Bids. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. Any objection to the specifications and requirements as set forth in this bid must be filed in writing with the Director of Procurement Services on or before the date specified for a request for clarification. 1.11 INVOICING/PAYMENT All invoices should be sent to: City of Hollywood, Financial Services Department, P.O. Box 229045, Hollywood, Florida 33022- 9045. In accordance with Florida Statutes Chapter 218, payment will be made within 45 days after receipt of Services and a proper invoice. The City cannot make advance payments, make deposits in advance of receipt of goods, or pay C.O.D. Bidders should state any payment discount in the space provided on the proposal form. Payment will be made by the City after commodities/Services have been received, accepted and properly invoiced as indicated in the contract and/or order. Invoices must reference the purchase order number or contract number. When a contractor receives from the City of Hollywood any payment for contractual Services, commodities, materials, supplies, or construction contracts, the contractor shall pay such moneys received to each Subcontractor and Material Supplier in proportion to the percentage of Work completed by each Subcontractor and Material Supplier at the time of receipt. If the contractor receives less than full payment, then the contractor shall be required to disburse only the funds received, on a pro rata basis, to the Subcontractors and Material Suppliers, each receiving a prorated portion based on the amount due on the payment. If the contractor, without reasonable cause, fails to make payments required by this section to Subcontractors and Material Suppliers within fifteen (15) Working days after the receipt by the contractor of full or partial payment, the contractor shall pay to the Subcontractors and Material Suppliers a penalty in the amount of one percent (1%) of the amount due, per month, from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed. Retainage is also subject to the prompt payment requirement and must be returned to the Subcontractor or Material Supplier whose Work has been completed, even if the prime contract has not been completed. The Contractor shall include the above obligation in each subcontract it signs with a Subcontractor or Material Suppler. 1.12 TOTAL BID DISCOUNT If a Bidder offers a discount for the award of all items listed in the bid, such discount shall be deducted from the total of the firm net unit prices bid and shall be considered in the tabulation and award of the bid. 3/11/2021 8:54 AM Page 496 of 924 City of Hollywood, Florida Bid F -4664 -21 -RL Bidder may offer cash discounts for prompt payment; however, such discounts shall NOT be considered in determining the lowest net cost for bid evaluation purposes. Bidders are encouraged to reflect cash discounts in the unit prices quoted. In connection with any discount offered, time will be computed from the date of receipt of supplies or Services or from the date a correct invoice is received, whichever is the later date. Payment is deemed to be made on the date of mailing of the check. 1.13 COMPETENCY OF BIDDERS A. Pre -award inspection of the Bidder's facility may be made prior to the award of a contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or Services as described in this Bid; have a record of performance for a reasonable period of time; and have sufficient financial support, equipment and organization to ensure that they can satisfactorily deliver the material and/or Services if awarded a Contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. B. The City may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience), in making the award in the best interest of the City. In all cases, the City of Hollywood shall have no liability to any contractor for any costs or expenses incurred in connection with this bid or otherwise. 1.14 NOTICE REQUIREMENTS All notices required or permitted under the Agreement shall be in writing and shall be deemed sufficiently served if delivered by Registered or Certified Mail, with return receipt requested; or delivered personally; or delivered via fax or e-mail (if provided below) and followed with delivery of a hard copy; and in any case addressed as follows: To the City Project Manager: Robert Lowery City of Hollywood Attention: Robert Lowery Phone: 954-921-3552 Fax: E-mail: RLOWERY@hollywoodfl.org and, To the Contract Compliance Officer: Paul A. Bassar Office of the City Manager P.O. Box 229045 Hollywood, FL 33022-9045 Phone: (954) 921-3628 Fax: (954) 921-3086 Email: pbassar@hollywoodtl.org To the Contractor Notices will be sent to the contractor at the physical address, e-mail address, fax number and to the person listed in the Contractor's proposal, as applicable. 3/11/2021 8:54 AM Page 497 of926 City of Hollywood, Florida Bid F -4664 -21 -RL Either party may at any time designate a different address and/or contact person by giving written notice as provided above to the other party. Such notices shall be deemed given upon receipt by the addressee. 1.15 EMPLOYEES All employees of the Contractor shall be considered to be at all times the sole employees of the Contractor, under the Contractor's sole direction, and not employees or agents of the City of Hollywood. The Contractor shall supply competent and physically capable employees and the City is authorized to require the Contractor to remove any employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose presence on City property is not in the best interest of the City. Each employee at all times shall have and display in plain view proper identification. The names of the employee and the company shall be displayed on the front of the employee's shirt. 1.16 AWARD OF BID A. The Evaluation Committee will make a recommendation based upon the lowest responsive and responsible bidder(s) whose bid(s) conforms to the Invitation for Bids and is most advantageous to the City. B. The City reserves the right to accept and award item by item, and/or by group, or in the aggregate, unless the bidder qualifies its bid by specified limitations. C. One or more Contractors may be designated as approved Primary or Secondary Vendor(s) for the delivery of material and/or Services from this contract through the effective period of the award. In any situation where obtaining Services from the Primary Vendor (s) is not in the best interest of the City, or the vendor cannot deliver material and/or Services within 24 hours of the date required, or on an emergency basis, staff may obtain Services from the Secondary Vendor (s). D. One or more Contractors may be designated as approved on an alternating/rotating basis for the delivery of materials and/or Services from this contract through the effective period of the award. In situations where obtaining Services from the alternating vendor is not in the best interest of the city, or the vendor cannot deliver material and/or Services within 24 hours of the date required, or on an emergency basis, staff may obtain material and/or Services from the next available vendor. E. The successful Bidder shall be notified in writing of the award. F. Delivery of materials and/or Services shall be performed upon receipt by the successful bidder of a numbered, signed purchase order, blanket purchase order or fully executed agreement. 1.17 BID PROTESTS The City shall provide notice of its intent to award or reject to all bidders by posting such notice on the City's website. After a notice of intent to award a contract is posted, any actual or prospective bidder who is aggrieved in connection with the pending award of the contract or any element of the process leading to the award of the contract may protest to the Director of Procurement Services. A protest must be filed within five business days after posting or any right to protest is forfeited. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest, including a deposit, is received by the Procurement Services Division.. Failure to file a protest within the time -frame specified herein shall constitute a full waiver of all rights to protest the City's decision regarding the award of the bid. A. The written protest shall state in detail the specific facts and law or ordinance upon which the protest of the proposed award is based, and shall include all pertinent documents. 3/11/2021 8:54 AM Page 498 of 926 City of Hollywood, Florida B. A written protest may not challenge the relative weight of evaluation criteria or a formula for assigning points. Bid F -4664 -21 -RL C. Upon receipt of a formal written protest, the City may stop award proceedings until resolution of the protest; unless it has been determined that the award of the contract without delay is necessary to protect substantial interests of the City. Any and all costs incurred by a protesting party in connection with a bid protest pursuant to this section shall be the sole responsibility of the protesting party. Upon receipt of a protest of the pending award of a contract, a copy of the protest shall promptly be forwarded to the City Attorney. The City Attorney shall thereupon review the charge to determine its sufficiency, including whether the protest was timely filed. If upon review the City Attorney determines that the charge is insufficient, the City Attorney may issue a summary dismissal of the protest. If upon review the City Attorney determines that the charge is sufficient, a hearing of the protest committee shall be scheduled. A protest committee shall have the authority to review, settle and resolve the protest. The committee shall consist of three members appointed by the City Manager. The committee's review shall be informal. If the protest committee determines that the pending award of a contract or any element of the process leading to the award involved a significant violation of law or applicable rule or regulation, all steps necessary and proper to correct the violation shall be taken. If the committee determines that the protest is without merit,. the Directory shall promptly issue a decision in writing stating the reason for the decision and furnish a copy to the protestor and any other interested party, and the process leading to the award shall proceed. 1.18 AGREEMENT An agreement shall be sent to the awarded bidder to be executed and returned to the City for execution. The City will provide a copy of the fully executed agreement to the awarded bidder. 1.19 NOTICE TO PROCEED A signed Purchase Order, blanket purchase order or fully executed agreement will be the Contractor's authorization to proceed and may substitute for a "Notice to Proceed" form. 1.20 OTHER GOVERNMENTAL ENTITIES If the Bidder is awarded a contract as a result of this IFB, the bidder may, if the bidder has sufficient capacity or quantities available, provide to other governmental agencies so requesting the products or Services awarded in accordance with the terms and conditions of the IFB and resulting contract. 1.21 DISQUALIFICATION OF BIDDERS A bidder may be disqualified temporarily or permanently and its bid(s) rejected for: A. Poor performance or default, in the City's opinion, on one or more previous contracts with the City. B. Poor performance or default, in the City's opinion, on one or more previous contracts with other public entities. C. Insufficient financial or company size, in the City's opinion, to perform the requirements of the contract. 1.22 RESERVATIONS FOR AWARD AND REJECTION OF BIDS The City reserves the right to accept or reject any or all bids, part of bids, and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City also reserves the right to award the 3/11/2021 8:54 AM Page 499 of92F City of Hollywood, Florida Bid F -4664 -21 -RL contract on a split order basis, lump sum basis, individual item basis, or such combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product or service meets the terms, conditions, and specifications of the IFB and whose bid is considered to best serve the City's interest. In determining the responsiveness of the offer and the responsibility of the Bidder, the following shall be considered when applicable: the ability, capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified, without delay or interference; the character, integrity, reputation, judgment, experience and efficiency of the Bidder; the quality of past performance by the Bidder; the previous and existing compliance by the Bidder with related laws and ordinances; the sufficiency of the Bidder's financial resources; the availability, quality and adaptability of the Bidder's supplies or Services to the required use; the ability of the Bidder to provide future maintenance, service or parts; the number and scope of conditions attached to the bid. If the IFB provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform satisfactorily, to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder, if that bidder has successfully provided Services to the City in the past. This procedure will continue until a bidder is selected or the contract is re- bid, at the sole option of the City. 1.23 SUBCONTRACTING Unless otherwise specified in this Bid Solicitation, the successful Bidder shall not subcontract any portion of the Work without the prior written consent of the City. The ability to subcontract may be further limited by the Special Conditions. Subcontracting without the prior consent of the City may result in termination of the contract for default. 1.24 ASSIGNMENT The successful Bidder shall not assign, transfer, hypothecate, or otherwise dispose of this contract, including any rights, title or interest therein, or its power to execute such contract to any person, company or corporation without the prior written consent of the City. 1.25 LOCAL, STATE AND FEDERAL COMPLIANCE REQUIREMENTS Bidders shall comply with all local, state and federal directives, orders and laws as applicable to this bid and subsequent contract(s) including, but not limited to: A. Equal Employment Opportunity (EEO), in compliance with Executive Order 11246 as amended and applicable to this contract. B. All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Material Safety Data Sheet (MSDS). C. The Immigration and Nationality Act prohibits (i) the employment of an unauthorized alien when the employer knows the individual is an unauthorized alien and (ii) the employment of an individual without complying with the requirements of the federal employment verification system. If a contractor commits either of these violations, such violation shall be cause for unilateral cancellation of the contract. D. This Section applies to any contract for goods or Services of $1 million or more: The Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria as provided in section 287.135, Florida Statutes (2011), as may be amended or revised. The City may terminate this Contract at the City's option if the Contractor is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2011), as may be amended or revised, or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has 3/11/2021 8:54 AM Page 500 of.�_29 City of Hollywood, Florida Bid F -4664 -21 -RL engaged in business operations in Cuba or Syria, as defined in Section 287.135, Florida Statutes (2011), as may be amended or revised. 1.26 FRAUD AND MISREPRESENTATION Any individual, corporation or other entity that attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement, may be debarred from doing business with the City. The City as further sanction may terminate or cancel any other contracts with such individual, corporation or entity. Such individual, corporation or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney's fees. 1.27 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS The bidder certifies, by submission of a response to this solicitation, that neither it nor its principals and subcontractors are presently debarred or suspended by any Federal department or agency. 1.28 COLLUSION The bidder, by affixing its signature to this proposal, agrees to the following: "Bidder certifies that its bid is made without previous understanding, agreement, or connection with any person, firm or corporation, making a bid for the same items, or the initiating City department, and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 1.29 COPELAND "ANTI -KICKBACK" Contractor and all subcontractors will comply with the Copeland Anti -Kickback Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). 1.30 FORCE MAJEURE The Agreement which is awarded to the successful Bidder may provide that the performance of any act by the City or Contractor thereunder may be delayed or suspended at any time while, but only so long as, either party is hindered in or prevented from performance by acts of God, the elements, war, rebellion, strikes, lockouts or any cause beyond the reasonable control of such party, provided however, the City shall have the right to provide substitute service from third parties or City forces and in such event the City shall withhold payment due Contractor for such period of time. If the condition of force majeure exceeds a period of 14 days the City may, at its option and discretion, cancel or renegotiate the Agreement. 1.31 ASBESTOS STATEMENT All material supplied must be 100% asbestos free. A Bidder, by virtue of bidding, certifies that if awarded any portion of the IFB, it will supply only material or equipment that is 100% asbestos free. 1.32 GOVERNING LAW This Contract, including appendices, and all matters relating to this Contract (whether in contract, statute, tort (such as negligence), or otherwise) shall be governed by, and construed in accordance with, the substantive and procedural laws of the State of Florida. This will apply notwithstanding such factors as where the contract is entered into and the place where the accident occurs and notwithstanding conflicts of law principles that would otherwise apply. 1.33 LITIGATION VENUE The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take place in Broward County, Florida and that all litigation between them in the federal courts shall take place in the Southern District of Florida. 3/11/2021 8:54 AM Page 501 of.�_29 City of Hollywood, Florida 1.34 SOVEREIGN IMMUNITY Bid F -4664 -21 -RL Nothing in this agreement shall be interpreted or construed to mean that the City waives its common law sovereign immunity or the limits on liability set forth in Section 768.28, Florida Statute. 1.35 SURVIVAL The parties acknowledge that any of the obligations in this Agreement will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Contractor and the City under this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. 1.36 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT The Contractor shall indemnify and hold harmless the City of Hollywood and its officers, employees, agents and instrumentalities from any and all liability, losses or damages. In addition, the City shall be entitled to attorney's fees and costs of defense, which the City of Hollywood, 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 or resulting from the performance of this project by the awarded bidder or its employees, agents, servants, partners, principals or subcontractors. Furthermore, the awarded bidder shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind of nature in the name of the City of Hollywood, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The awarded bidder expressly understands and agrees that any insurance protection required by the resulting agreement or otherwise provided by the awarded bidder shall cover the City of Hollywood, its officers, employees, agents and instrumentalities and shall include claims for damages resulting from and/or caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed by or utilized by the Contractor in the performance of the contract. 1.37 PATENT AND COPYRIGHT INDEMNIFICATION A. The Contractor warrants that all Deliverables furnished hereunder, including but not limited to: Services, equipment programs, documentation, software, analyses, applications, methods, ways, processes, and the like, do not infringe upon or violate any patents, copyrights, service marks, trade secrets, or any other third party proprietary rights. The Contractor shall be liable and responsible for any and all claims made against the City for infringement of patents, copyrights, service marks, trade secrets or any other third party proprietary rights, by the use or supplying of any programs, documentation, software, analyses, applications, methods, ways, processes, and the like, in the course of performance or completion of, or in any way connected with, the Work, or the City's continued use of the Deliverables furnished hereunder. Accordingly, the Contractor at its own expense, including the payment of attorney's fees, shall indemnify, and hold harmless the City and its officers, agents and employees and defend any action brought against the City or any of its officers, agents or employees with respect to any claim, demand, and cause of action, debt, or liability. C. In the event any deliverable or anything provided to the City hereunder, or a portion thereof is held to constitute an infringement and its use is or may be enjoined, the Contractor shall have the obligation, at the City's option, to (i) modify, or require that the applicable subcontractor or supplier modify, the alleged infringing item(s) at the Contractor's expense, without impairing in any respect the functionality or performance of the item(s), or (ii) procure for the City, at the Contractor's expense, the rights provided under this Agreement to use the item(s). D. The Contractor shall be solely responsible for determining and informing the City whether a prospective supplier or subcontractor is a party to any litigation involving patent or copyright infringement, service mark, trademark, violation, or other proprietary rights claim or is subject to any injunction which may prohibit it from providing any deliverable hereunder. The Contractor shall enter into agreements with all suppliers and subcontractors at the 3/11/2021 8:54 AM Page 502 of.� City of Hollywood, Florida Bid F -4664 -21 -RL Contractor's own risk. The City may reject any deliverable that it believes to be the subject of any such litigation or injunction, or if, in the City's judgment, use thereof would delay the Work or be unlawful. E. The Contractor shall not infringe any copyright, trademark, service mark, trade secret, patent right, or other intellectual property right in the performance of the Work. 1.38 PUBLIC RECORDS LAW If applicable, for each public agency contract for Services, the Contractor is required to comply with F.S. 119.0701, which includes the following: A. Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. B. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the public agency, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. Non-exempt public records may be inspected and examined by anyone desiring to do so, at a reasonable time, under reasonable conditions, and under supervision by the custodian of the public record. Sealed bids become subject to this statute, notwithstanding bidders' or proposers' requests to the contrary, at the time the City provides notice of a decision or intended decision, or 30 days after bid or proposal opening, whichever is earlier. Financial statements submitted in response to a request by the City may be confidential, and exempt from disclosure. Data processing software obtained under a licensing agreement which prohibits its disclosure is also exempt. Bidders are hereby notified and agree that all information submitted as part of, or in support of bid submittals will be available for public inspection after opening of bids in compliance with Chapter 119 of the Florida Statutes. The bidder shall not, unless required as part of this IFB, submit any information in response to this invitation which the bidder considers to be a trade secret, proprietary or confidential. The submission, not required as part of this this IFB, of any information to the City in connection with this invitation shall be deemed conclusively to be a waiver of any trade secret or other protection, which would otherwise be available to the bidder. 1.39 ACCESS TO RECORDS The City reserves the right to require the Contractor to submit to an audit. The Contractor shall provide access to all of its records which relate directly or indirectly to this Agreement at its place of business during regular business hours. The Contractor shall retain all records pertaining to this Agreement and upon request make them available to the City for three years following expiration of the Agreement. The Contractor agrees to provide such assistance as may be necessary to facilitate the review or audit by the City to ensure compliance with applicable accounting and financial standards at no cost to the City. 1.40 INFORMATION 3/11/2021 8:54 AM Page 503 of.C31 City of Hollywood, Florida Bid F -4664 -21 -RL Further information, if desired, may be obtained from the Procurement Services Division, 2600 Hollywood, Boulevard, Room 303, Hollywood, Florida 33020, 954-921-3552. Questions or requests for clarification of the specifications shall be in writing and received by the Procurement Services Division by the date specified for a request for clarification. They may be mailed or faxed to (954) 921-3086 or emailed to RLOWERY@hollywoodfl.org. 1.41 LOCAL PREFERENCE Pursuant to §38.50 of the City of Hollywood Code of Ordinances, the City shall grant a preference to Hollywood vendors if their initial bid is within 5% of the bid of the lowest responsive responsible bidder that is a non -local Hollywood vendor. The preference shall allow the local Hollywood vendor to submit a second and final offer which must be at least 1 % less than the bid of the lowest responsible responsive non -local Hollywood vendor to be awarded. The local Hollywood vendor shall have the burden of demonstrating that it maintains a permanent place of business with full-time employees within the City limits and has done so for a minimum of one (1) year prior to the date of issuance of a bid solicitation within Hollywood, Florida. All supporting documentation (e.g. City of Hollywood valid local business tax receipt) for local preference eligibility must be received with the bid package prior to the bid opening date and time. 1.42 ELIGIBILITY If applicable, the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida Statutes, prior to entering into a contract with the City. 1.43 VENDOR REGISTRATION You do not need to be a City of Hollywood registered vendor to bid. However follow the instructions when you go to: www.hollywoodfl.org The Contractor shall be a registered vendor with the City Procurement Services Division for the duration of this Agreement. It is the responsibility of the Contractor to file the appropriate vendor application and to update the application file for any changes for the duration of this Agreement, including any option years. 1.44 CONFLICT IN SPECIFICATIONS Where there appears to be a variance or conflict between these General Conditions and the Special Conditions or Technical Specifications outlined in the Bid Package, the order of preference shall be Technical Specifications, Special Conditions, and General Terms and Conditions. 1.45 EXCEPTIONS TO PROPOSAL The bidder shall list on the space provided on the bid page or on a separate sheet of paper any exceptions to the conditions of this Bid. This sheet shall be labeled, "Exceptions to Bid Provisions," and shall be attached to the Bid. If no exceptions are stated, it will be understood that all General, Special and Technical Conditions will be complied with, without exception. 1.46 APPROVED EQUAL When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired and acceptable to the City. In such cases, the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal. In that the specified make and model represent a level of quality and features desired by the City, the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's responsibility to provide adequate information in the bid, to enable the City to ensure that the bid meets the required criteria. If adequate information is not 3/11/2021 8:54 AM Page 504 of .csY City of Hollywood, Florida Bid F -4664 -21 -RL submitted with the bid, it may be rejected. The City will be the sole judge in determining if the item bid qualifies as an approved equal. 1.47 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS The technical specifications may include items that are considered minimum, mandatory, or required. If any Bidder is unable to meet or exceed these items and feels that the technical specifications are overly restrictive, the Bidder must notify the Procurement Services Division immediately. Such notification must be received by the Procurement Services Division prior to the deadline contained in the IFB, for questions of a material nature, or prior to five (5) days before bid due and open date, whichever occurs first. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to all Bidders. 1.48 MODEL NUMBER CORRECTIONS If the model number for the make specified in this IFB is incorrect or no longer available and replaced with an updated model with new specifications, the Bidder shall enter the correct model number on the bidder proposal page. In the case of an updated model with new specifications, Bidder shall provide adequate information to allow the City to determine if the model bid meets the City's requirements. 1.49 INTERPRETATION OF THE APPROXIMATE QUANTITIES The Bidder's attention is called to the fact that the estimate of quantities to be furnished under the specifications is approximate only and not guaranteed. The City does not assume any responsibility that the final quantities shall remain in strict accordance with the estimated quantities, nor shall the Bidder plead misunderstanding or deception because of such estimate of quantities. 1.50 QUANTITIES The City specifically reserves the right to accept all or any part of the bid, to split the award, and to increase or decrease the quantity to meet additional or reduced requirements of the City, without such change affecting the contract unit price set forth in the bid form by the Bidder. 1.51 DELIVERY, INSPECTION & TITLE Prices quoted and deliveries are to be FOB Destination and unloaded, unless otherwise specified in the Invitation for Bids, and made during regular business hours. Inspection and acceptance will be destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful Bidder until acceptance by the City unless loss or damage results from negligence by the City. If the materials or Services supplied to the City are found to be defective or not to conform to specifications, the City reserves the right to cancel the order upon written notice to the Bidder and return the product at the Bidder's expense. 1.52 DELIVERY TIME Unless actual date of delivery is specified (or if specified, delivery cannot be met), the Bidder shall show the number of days required to make delivery after receipt of the purchase order in the space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal Working hours of the user, Monday through Friday, excluding holidays, unless otherwise specified and incorporated into the contract document. Delivery shall be to the location specified in the bid specifications. 1.53 CLAIMS Successful bidder(s) will be responsible for making any and all claims against carriers for missing or damaged items. 1.54 WARRANTY 3/11/2021 8:54 AM Page 505 of.�-v City of Hollywood, Florida Bid F -4664 -21 -RL Unless otherwise specified, all items proposed by the Bidder shall include a warranty covering Services, parts and/or labor for a specified period of time. The Bidder shall submit information on both manufacturer and dealer warranties, where applicable, with the bid. All goods furnished shall be fully guaranteed by the successful Bidder against factory defects and Workmanship. At no expense to the City, the successful Bidder shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. The Special Conditions of the Bid solicitation may supersede the manufacturer's standard warranty. 1.55 DURATION OF AGREEMENT This Agreement will be for the terms identified in this document, unless the Contractor is otherwise notified by the City. Any extension of this Agreement shall be in writing and approved by the same approval processes as the original agreement, except the City Manager is authorized to extend for up to 90 days when operationally necessary. 1.56 CONTRACT RENEWAL Any contract or agreement executed in conjunction with the award of a bid may be renewed for the time identified in the bid if agreed to in writing by both parties. 1.57 MODIFICATION OF CONTRACT The contract may only be modified by mutual consent, in writing through the issuance of a modification to the contract, purchase order, blanket purchaser order or change order, as appropriate. 1.58 MATERIAL SAFETY DATA SHEET (MSDS) Under the terms of the Florida Right -to -Know Law (Chapter 442, Florida Statutes), all suppliers of products deemed to be toxic in substance, as indicated in the State of Florida Substance List, are required to submit a Material Safety Data Sheet (MSDS) for each substance as a condition of the award of the bid by the City. 1.59 CONDITION OF MATERIALS AND PACKAGING All equipment, materials, supplies, and components supplied under this bid must be new and unused, free from defects, and shall be the latest manufacturer's models unless otherwise specified. No others will be accepted under the terms and intent of this bid. All containers shall be new and suitable for storage or shipment, and the bid price shall include standard commercial packaging. Any exceptions to this provision shall be detailed on the bid page under exceptions to specifications. 1.60 SAMPLES Samples, when required, must be submitted within the time specified at no expense to the City. If not destroyed or used up during testing, samples will be returned upon request at the bidder's expense. Each individual sample must be labeled with the bidder's name and the manufacturer's brand name and number. 1.61 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or Services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public Work, may not submit bids on leases of real property to a public entity, may not be awarded or perform Work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statutes, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.62 DISCRIMINATION 3/11/2021 8:54 AM Page 506 of. City of Hollywood, Florida Bid F -4664 -21 -RL Any entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or Services to a public entity, may not submit a bid on a contract with a public entity for 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 award or perform Work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.63 DRUG-FREE WORKPLACE PROGRAM 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 State 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. 1.64 SOLICITATION, GIVING, AND ACCEPTANCE OF GIFTS POLICY Bidders shall sign and submit this attached form indicating their understanding of and compliance with the City's and State's policies prohibiting solicitation and acceptance of gifts by public officers, employees, and candidates. Failure to submit this signed form will result in your bid being declared non-responsive; provided, however, the bidder that otherwise is the lowest responsive responsible bidder may be given the opportunity to submit the form to the City within five calendar days after notification by the City, if this is determined to be in the best interest of the City. 1.65 PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES It is hereby made part of this Invitation to Bid that the submission of any bid response to this advertised request constitutes a bid made under the same terms and conditions, for the same price, to other government agencies if agreeable by the bidder and the government agency. At the option of the vendor/contractor, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, political subdivisions, counties, and cities. Each governmental agency allowed by the vendor/contractor to use this contract shall do so independently of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or Services ordered, received, and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 1.66 INSURANCE REQUIREMENTS Upon the City's notification, the Contractor shall furnish to the Procurement Services Division, Certificates of Insurance that indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Workers' Compensation Insurance for all employees of the Contractor as required by Florida Statute Chapter 440. Should the Contractor be exempt from this Statute, the Contractor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt contractor shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. B. General Liability Insurance on a comprehensive basis in an amount not less than $1,000,000 each Occurrence for bodily injury and property damage. The City of Hollywood must be shown as an additional insured with respect to this coverage. The mailing address of City of Hollywood, Florida, 2600 Hollywood Boulevard, Hollywood, Florida 33021, as the certificate holder, must appear on the certificate of insurance. 3/11/2021 8:54 AM Page 507 of.� City of Hollywood, Florida Bid F -4664 -21 -RL C. Automobile Liability Insurance covering all owned, non -owned, and hired vehicles used in connection with the Services, in an amount not less than $1,000,000 Combined Single Limit. D. The City reserves the right to require any other insurance it deems necessary depending on the exposure. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operation of the Contractor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the following qualifications: Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A -VII, as assigned by the A.M. Best Company. Compliance with the foregoing requirements shall not relieve the Contractor of any liability or obligation under this section or under any other section in this Agreement. Award of this Contract is contingent upon the receipt of the insurance documents, as required, within fifteen (15) calendar days after City notification to Contractor to comply before the award becomes final. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Agreement, the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Agreement within twenty (20) calendar days after City notification to comply, the Contractor shall be in default of the contractual terms and conditions and award of the Contract will be rescinded, unless such time frame for submission has been extended by the City. The Certificate shall contain a provision that coverage afforded under the policy will not be cancelled until at least thirty (30) days' prior written notice has been given to the City. The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period of the Contract, including any and all option years or extension periods. If insurance certificates are scheduled to expire during the contractual period, the Contractor shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall suspend the Contract until such time as the new or renewed certificates are received by the City in the manner prescribed herein; provided, however, that this suspended period does not exceed thirty (30) calendar days. Thereafter, the City may, at its sole discretion, terminate this contract. The insurance policy shall not contain any exceptions that would exclude coverage for risks that can be directly or reasonably related to the scope of goods or Services in this bid. A violation of this requirement at any time during the term, or any extension thereof, shall be grounds for the immediate termination of any contract entered in to pursuant to this bidl. In order to show that this requirement has been met, along with an insurance declaration sheet demonstrating the existence of a valid policy of insurance meeting the requirements of this bid, the successful Bidder must submit a signed statement from the insurance agency of record that the full policy contains no such exception. 1.67 CITY WEBSITE Bids, addenda, bid tabulations, lists of pre-bid conference attendees and other information are available on the Procurement Services Division's page, which can be found at: www.hollywoodfl.org 1.68 DISCLAIMER The City of Hollywood may, in its sole and absolute discretion, accept or reject, in whole or in part, for any reason whatsoever any or all Bids; re -advertise this Bid; postpone or cancel at any time this Bid process; or, waive any formalities or irregularities in the bidding process. Bids that are not submitted on time and/or do not conform to the City of Hollywood's requirements will not be considered. After all bids are analyzed, organization(s) submitting bids that appear, solely in the 3/11/2021 8:54 AM Page 508 of.CS6 City of Hollywood, Florida Bid F -4664 -21 -RL opinion of the City of Hollywood, to be the most competitive, shall be submitted to the City of Hollywood's City Commission, and the final selection will be made shortly thereafter with a timetable set solely by the City of Hollywood. The selection by the City of Hollywood shall be based on the bid, which is, in the sole opinion of the City Commission of the City of Hollywood, in the best interest of the City of Hollywood. The issuance of this bid constitutes only an invitation to make presentations to the City of Hollywood. The City of Hollywood reserves the right to determine, at its sole discretion, whether any aspect of the bid satisfies the criteria established in this Bid. In all cases the City of Hollywood shall have no liability to any Contractor for any costs or expense incurred in connection with this bid or otherwise. 1.69 CONFIDENTIALITY As a political subdivision, the City of Hollywood is subject to the Florida Sunshine Law and Public Records Law. By submitting a Bid, the Contractor acknowledges that the materials submitted with the Bid and the results of the City of Hollywood's evaluation may be open to public inspection upon proper request. The Contractor should take special note of this as it relates to proprietary information that might be included in its Bid. 1.70 ORDER OF PRECEDENCE If there is a conflict between or among the provisions of the Agreement, the order of precedence is as follows: A. The terms and conditions of the agreement B. The City of Hollywood's IFB and any associated addenda and attachments thereto, and C. The Contractor's Proposal. 1.71 NATURE OF THE AGREEMENT The Agreement incorporates and includes all negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in the Agreement. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of the Agreement that are not contained in the Agreement, and that the Agreement contains the entire agreement between the parties as to all matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that the Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. The Contractor shall provide the Services set forth in the Scope of Services, and render full and prompt cooperation with the City in all aspects of the Services performed hereunder. The Contractor acknowledges that the Agreement requires the performance of all things necessary for or incidental to the effective and complete performance of all Work and Services under this Contract. All things not expressly mentioned in the Agreement but necessary to carrying out its intent are required by the Agreement, and the Contractor shall perform the same as though they were specifically mentioned, described and delineated. The Contractor shall furnish all labor, materials, tools, supplies, and other items required to perform the Work and Services that are necessary for the completion of this Contract. All Work and Services shall be accomplished at the direction of and to the satisfaction of the City's Project Manager. The Contractor acknowledges that the City shall be responsible for making all policy decisions regarding the Scope of Services. The Contractor agrees to provide input on policy issues in the form of recommendations. The Contractor agrees to implement any and all changes in providing Services hereunder as a result of a policy change implemented by the City. The Contractor agrees to act in an expeditious and fiscally sound manner in providing the City with 3/11/2021 8:54 AM Page 509 of9 City of Hollywood, Florida Bid F -4664 -21 -RL input regarding the time and cost to implement said changes and in executing the activities required to implement said changes. 1.72 PAYMENT FOR SERVICES/AMOUNT OBLIGATED The Contractor warrants that it has reviewed the City's requirements and has asked such questions and conducted such other inquiries as the Contractor deemed necessary in order to determine the price the Contractor will charge to provide the Work and Services to be performed under this Contract. The compensation for all Work and Services performed under this Contract, including all costs associated with such Work and Services, shall be in the total amount submitted on the Bid Form. The City shall have no obligation to pay the Contractor any additional sum(s) in excess of this amount, except for a change and/or modification to the Contract which is approved and executed in writing by the City and the Contractor. All Services undertaken by the Contractor before the City's approval of this Contract shall be at the Contractor's risk and expense. 1.73 PRICING Prices shall remain firm and fixed for the initial term of the Contract, however, the Contractor may offer incentive discounts to the City at any time during the Contract term, including any renewal or extension thereof. 1.74 GUARANTEE The Contractor shall be responsible for technically deficient designs, reports, or studies due to its errors and omissions, and shall promptly correct or replace all such deficient Work due to its errors and omissions without cost to the City upon the request of the City for the established period of time after the date of acceptance of the project by the City, as stated in the bid, which are judged to have been in error by a court of competent jurisdiction. Contractor shall also be responsible for the cost of correcting deficient construction which was built from technically deficient designs. Payment in full by the City for Work performed does not constitute a waiver of this guarantee. 1.75 MANNER OF PERFORMANCE A. The Contractor shall provide the Services described herein in a competent and professional manner satisfactory to the City in accordance with the terms and conditions of this Agreement. The City shall be entitled to a satisfactory performance of all Services described herein and to full and prompt cooperation by the Contractor in all aspects of the Services. At the request of the City, the Contractor shall promptly remove from the project any Contractor's employee, subcontractor, or any other person performing Services hereunder. Such removal of any of its employees does not require the termination or demotion of any employee by the Contractor. B. The Contractor agrees to defend, hold harmless and indemnify the City and shall be liable and responsible for any and all claims, suits, actions, damages and costs (including attorney's fees and court costs) made against the City, occurring on account of, arising from or in connection with the removal and replacement of any Contractor's personnel performing Services hereunder at the behest of the City. C. The Contractor agrees that at all times it will employ, maintain and assign to the performance of the Services a sufficient number of competent and qualified professionals and other personnel to meet the requirements to which reference is hereinafter made. The Contractor agrees to adjust its personnel staffing levels upon reasonable request from the City, should the City make a determination, in its sole discretion, that said personnel staffing is inappropriate . D. The Contractor warrants and represents that its personnel have the proper skill, training, background, knowledge, experience, rights, authorizations, integrity, character and licenses as necessary to perform the Services described herein in a competent and professional manner. E. The Contractor shall at all times cooperate with the City and coordinate their respective Work efforts to most effectively and efficiently maintain progress in performing the Services. 3/11/2021 8:54 AM Page 510 of.CS6 City of Hollywood, Florida Bid F -4664 -21 -RL F. The Contractor shall comply with all provisions of all federal, state and local laws, statutes, ordinances, and regulations that are applicable to the performance of this Agreement. 1.76 INDEPENDENT CONTRACTOR RELATIONSHIP The Contractor is, and shall be, in the performance of all Work Services and activities under this Agreement, an independent contractor, and not an employee, agent or servant of the City. All persons engaged in any of the Work or Services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Contractor's sole direction, supervision and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the Work, and in all respects the Contractor's relationship and the relationship of its employees to the City shall be that of independent contractors and not that of employees or agents of the City. The Contractor does not have the power or authority to bind the City in any promise, agreement or representation other than specifically provided for in this Agreement. 1.77 PROPRIETARY INFORMATION As a political subdivision of the State of Florida, the City of Hollywood is subject to the provisions of Florida's Public Records Law. The Contractor acknowledges that all computer software in the City's possession may constitute or contain information or materials which the City has agreed to protect as proprietary information from disclosure or unauthorized use and may also constitute or contain information or materials which the City has developed at its own expense, the disclosure of which could harm the City's proprietary interest therein. During the term of the contract, the Contractor will not use directly or indirectly for itself or for others, or publish or disclose to any third party, or remove from the City's property, any computer programs, data compilations, or other software which the City has developed, has used or is using, is holding for use, or which are otherwise in the possession of the City (hereinafter "Computer Software"). All third -party license agreements must also be honored by the Contractors and their employees, except as authorized by the City and, if the Computer Software has been leased or purchased by the City, all third party license agreements must also be honored by the Contractor's employees. This includes mainframe, minis, telecommunications, personal computers and any and all information technology software. The Contractor will report to the City any information discovered or which is disclosed to the Contractor which may relate to the improper use, publication, disclosure or removal from the City's property of any information technology software and hardware and will take such steps as are within the Contractor's authority to prevent improper use, disclosure or removal. 1.78 PROPRIETARY RIGHTS A. The Contractor hereby acknowledges and agrees that the City retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the City to the Contractor hereunder or furnished by the Contractor to the City and/or created by the Contractor for delivery to the City, even if unfinished or in process, as a result of the Services the Contractor performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Contractor as well as its employees, agents, subcontractors and suppliers may use only in connection with the performance of Services under this Agreement. The Contractor shall not, without the prior written consent of the City, use such documentation on any other project in which the Contractor or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Contractor to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the City's copyrights or other proprietary rights. B. All rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Contractor and its subcontractors specifically for the City, hereinafter 3/11/2021 8:54 AM Page 511 of.CS9 City of Hollywood, Florida referred to as "Developed Works" shall become the property of the City. Bid F -4664 -21 -RL C. Accordingly, neither the Contractor nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Contractor, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the City, except as required for the Contractor's performance hereunder. D. Except as otherwise provided in subsections A, B, and C above, or elsewhere herein, the Contractor and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all licensed software provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Contractor hereby grants, and shall require that its subcontractors and suppliers grant, if the City so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and/or permit any other person(s) or entity(ies) to use all such licensed software and the associated specifications, technical data and other documentation for the operations of the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. Such license specifically includes, but is not limited to, the right of the City to use and/or disclose, in whole or in part, the technical documentation and licensed software, including any source code provided hereunder, to any person or entity outside the City for such person's or entity's use in furnishing any and/or all of the Deliverables provided hereunder exclusively for the City or entities controlling, controlled by, under common control with, or affiliated with the City, or organizations which may hereafter be formed by or become affiliated with the City. No such licensed software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect. 1.79 AUTHORITY OF THE CITY'S PROJECT MANAGER A. The Contractor hereby acknowledges that the City's Project Manager will determine in the first instance all questions of any nature whatsoever arising out of, under, or in connection with, or in any way related to or on account of, this Agreement including without limitations: questions as to the value, acceptability and fitness of the Services; questions as to either party's fulfillment of its obligations under the Contract; negligence, fraud or misrepresentation before or subsequent to acceptance of the Bid; questions as to the interpretation of the Scope of Services; and claims for damages, compensation and losses. B. The Contractor shall be bound by all determinations or orders and shall promptly obey and follow every order of the Project Manager, including the withdrawal or modification of any previous order and regardless of whether the Contractor agrees with the Project Manager's determination or order. Where orders are given orally, they will be issued in writing by the Project Manager as soon thereafter as is practicable. C. The Contractor must, in the final instance, seek to resolve every difference concerning the Agreement with the Project Manager. In the event that the the Contractor and the Project Manager are unable to resolve their difference, the Contractor may initiate a dispute in accordance with the procedures set forth in the section below. Exhaustion of these procedures shall be a condition precedent to any lawsuit permitted hereunder. D. In the event of such dispute, the parties to this Agreement authorize the City Manager or designee, who may not be the Project Manager or anyone associated with this Project, acting personally, to decide all questions arising out of, under, or in connection with, or in any way related to or on account of the Agreement (including but not limited to claims in the nature of breach of contract, fraud or misrepresentation arising either before or subsequent to execution hereof) and the decision of each, with respect to matters within the City Manager's purview as set forth above, shall be conclusive, final and binding on the parties. Any such dispute shall be brought, if at all, before the City Manager within 10 days of the occurrence, event or act out of which the dispute arises. The City Manager may base this decision on such assistance as may be desirable, including advice of experts, but in any event shall base the decision on an independent and objective determination of whether the Contractor's performance or any deliverable meets the requirements of this Agreement and any specifications with respect thereto 3/11/2021 8:54 AM Page 512 of14V City of Hollywood, Florida Bid F -4664 -21 -RL set forth herein. The effect of any decision shall not be impaired or waived by any negotiations or settlements or offers made in connection with the dispute, whether or not the City Manager participated therein, or by any prior decision of others, which prior decision shall be deemed subject to review, or by any termination or cancellation of the Agreement. All such disputes shall be submitted in writing by the Contractor to the City Manager for a decision, together with all evidence and other pertinent information in regard to such question, in order that a fair and impartial decision may be made. The parties agree that whenever the City Manager is entitled to exercise discretion or judgment or to make a determination or form an opinion pursuant to the provisions of this Article, such action shall be deemed fair and impartial when exercised or taken. The City Manager shall render a decision in writing and deliver a copy of the same to the Contractor. Except as such remedies may be limited or waived elsewhere in the Agreement, the Contractor reserves the right to pursue any remedies available under law after exhausting the provisions of this Article. 1.80 MUTUAL OBLIGATIONS A. This Agreement, including attachments and appendices to the Agreement, shall constitute the entire Agreement between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereof unless acknowledged in writing by the duly authorized representatives of both parties. B. Nothing in this Agreement shall be construed for the benefit, intended or otherwise, of any third party that is not a parent or subsidiary of a party or otherwise related (by virtue of ownership control or statutory control) to a party. C. In those situations where this Agreement imposes an indemnity or defense obligation on the Contractor, the City may, at its expense, elect to participate in the defense if the City should so choose. Furthermore, the City may at its own expense defend or settle any such claims if the Contractor fails to diligently defend such claims, and thereafter seek indemnity for costs and attorney's fees from the Contractor. 1.81 QUALITY ASSURANCE/QUALITY ASSURANCE RECORD KEEPING The Contractor shall maintain, and shall require that its subcontractors and suppliers maintain, complete and accurate records to substantiate compliance with the requirements set forth in the Scope of Services. The Contractor and its subcontractors and suppliers shall retain such records, and all other documents relevant to Services furnished under this Agreement for a period of three (3) years from the expiration date of this Agreement and any extension thereof. 1.82 AUDITS The City, or its duly authorized representatives or governmental agencies shall, until the expiration of three (3) years after the expiration of this Agreement and any extension thereof, have access to and the right to examine and reproduce any of the Contractor's books, documents, papers and records and those of its subcontractors and suppliers which apply to all matters of the City. Such records shall conform to Generally Accepted Accounting Principles requirements, as applicable, and shall only address those transactions related to this Agreement. The Contractor agrees to grant access to the City's Auditor to all financial and performance -related records, property, and equipment purchased in whole or in part with government funds. The Contractor agrees to maintain an accounting system that provides accounting records that are supported with adequate documentation, and adequate procedures for determining the allowability and allocability of costs. 1.83 SUBSTITUTION OF PERSONNEL In the event the Contractor wishes to substitute personnel for the key personnel identified by the Contractor's Bid, the Contractor must notify the City in writing and request written approval for the substitution at least ten (10) business days prior to effecting such substitution. 1.84 SUBCONTRACTUAL RELATIONS 3/11/2021 8:54 AM Page 513 of141 City of Hollywood, Florida Bid F -4664 -21 -RL A. If the Contractor will cause any part of this Agreement to be performed by a subcontractor, the provisions of this Contract will apply to such subcontractor and its officers, agents and employees in all respects as if it and they were employees of the Contractor; and the Contractor will not be in any manner thereby discharged from its obligations and liabilities hereunder, but will be liable hereunder for all acts and negligence of the subcontractor, its officers, agents, and employees, as if they were employees of the Contractor. The Services performed by the subcontractor will be subject to the provisions hereof as if performed directly by the Contractor. B. The Contractor, before making any subcontract for any portion of the Services, will state in writing to the City the name of the proposed subcontractor, the portion of the sServices which the subcontractor is to do, the place of business of such subcontractor, and such other information as the City may require. The City will have the right to require the Contractor not to award any subcontract to a person, firm or corporation disapproved by the City. C. Before entering into any subcontract hereunder, the Contractor will inform the subcontractor fully and completely of all provisions and requirements of this Agreement relating either directly or indirectly to the Services to be performed. Such Services performed by such subcontractor will strictly comply with the requirements of this Contract. D. In order to qualify as a subcontractor satisfactory to the City, in addition to the other requirements herein provided, the subcontractor must be prepared to prove to the satisfaction of the City that it has the necessary facilities, skill and experience, and ample financial resources to perform the sServices in a satisfactory manner. To be considered skilled and experienced, the subcontractor must show to the satisfaction of the City that it has satisfactorily performed Services of the same general type which is required to be performed under this Agreement. E. The City shall have the right to withdraw its consent to a subcontract if it appears to the City that the subcontract will delay, prevent, or otherwise impair the performance of the Contractor's obligations under this Agreement. All subcontractors are required to protect the confidentiality of the City and City's proprietary and confidential information. Contractor shall furnish to the City copies of all subcontracts between Contractor and subcontractors and suppliers hereunder. Within each such subcontract, there shall be a clause for the benefit of the City permitting the City to request completion of performance by the subcontractor of its obligations under the subcontract, in the event the City finds the Contractor in breach of its obligations, and the option to pay the subcontractor directly for the performance by such subcontractor. Notwithstanding, the foregoing shall neither convey nor imply any obligation or liability on the part of the City to any subcontractor hereunder as more fully described herein. 1.85 ASSUMPTION, PARAMETERS, PROJECTIONS, ESTIMATES AND EXPLANATIONS The Contractor understands and agrees that any assumptions, parameters, projections, estimates and explanations presented by the City were provided to the Contractor for evaluation purposes only. However, since these assumptions, parameters, projections, estimates and explanations represent predictions of future events, the City makes no representations or guarantees, the City shall not be responsible for the accuracy of the assumptions presented, the City shall not be responsible for conclusions to be drawn therefrom, and any assumptions, parameters, projections, estimates and explanations shall not form the basis of any claim by the Contractor. The Contractor accepts all risks associated with using this information. 1.86 SEVERABILITY If this Agreement contains any provision found to be unlawful, the same shall be deemed to be of no effect and shall be deemed stricken from this Agreement without affecting the binding force of this Agreement as it shall remain after omitting such provision. 1.87 TERMINATION FOR CONVENIENCE AND SUSPENSION OF WORK A. The City may terminate this Agreement if an individual or corporation or other entity attempts to meet its contractual obligation with the City through fraud, misrepresentation or material misstatement. 3/11/2021 8:54 AM Page 514 of City of Hollywood, Florida Bid F -4664 -21 -RL B. The City may, as a further sanction, terminate or cancel any other contract(s) that such individual or corporation or other entity has with the City. Such individual, corporation or other entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. C. The foregoing notwithstanding, any individual, corporation or other entity which attempts to meet its contractual obligations with the City through fraud, misrepresentation or material misstatement may be debarred from City contracting in accordance with the City debarment procedures. The Contractor may be subject to debarment for failure to perform and any other reasons related to contractor's breach or failure of satisfactory performance. In addition to cancellation or termination as otherwise provided in this Agreement, the City may at any time, in its sole discretion, with or without cause, terminate this Agreement by written notice to the Contractor and in such event: D. The Contractor shall, upon receipt of such notice, unless otherwise directed by the City: 1. Stop Work on the date specified in the notice ("the Effective Termination Date"); 2. Take such action as may be necessary for the protection and preservation of the City's materials and property; 3. Cancel orders; 4. Assign to the City and deliver to any location designated by the City any non -cancelable orders for Deliverables that are not capable of use except in the performance of this Agreement and which have been specifically developed for the sole purpose of this Agreement and not incorporated in the Services; 5. Take no action which will increase the amounts payable by the City under this Agreement. E. In the event that the City exercises its right to terminate this Agreement pursuant to this Article the Contractor will be compensated, as stated in the payment Articles herein, for the: 1. Portion of the Services completed in accordance with the Agreement up to the Effective Termination Date; and 2. Non -cancelable Deliverables that are not capable of use except in the performance of this Agreement and which have been specifically developed for the sole purpose of this Agreement but not incorporated in the Services. F. All compensation pursuant to this Article is subject to audit. 1.88 EVENT OF DEFAULT A. An Event of Default shall mean a breach of this Agreement by the Contractor. Without limiting the generality of the foregoing and in addition to those instances referred to herein as a breach, an Event of Default, shall include the following: 1. The Contractor has not delivered Deliverables on a timely basis; 2. The Contractor has refused or failed, except in any case for which an extension of time is provided, to supply enough properly skilled staff personnel; 3. The Contractor has failed to make prompt payment to subcontractors or suppliers for any Services; 4. The Contractor has become insolvent (other than as interdicted by the bankruptcy laws), or has assigned the proceeds received for the benefit of the Contractor's creditors, or the Contractor has taken advantage of any insolvency statute or debtor/creditor law or if the Contractor's affairs have been put in the hands of a receiver; 3/11/2021 8:54 AM Page 515 of City of Hollywood, Florida Bid F -4664 -21 -RL 5. The Contractor has failed to obtain the approval of the City where required by this Agreement; 6. The Contractor has failed to provide "adequate assurances" as required under subsection "B" below; and 7. The Contractor has failed in the representation of any warranties stated herein. B. When, in the opinion of the City, reasonable grounds for uncertainty exist with respect to the Contractor's ability to perform the Services or any portion thereof, the City may request that the Contractor, within the time frame set forth in the City's request, provide adequate assurances to the City, in writing, of the Contractor's ability to perform in accordance with the terms of this Agreement. Until the City receives such assurances, the City may request an adjustment to the compensation received by the Contractor for portions of the Services which the Contractor has not performed. In the event that the Contractor fails to provide to the City the requested assurances within the prescribed time frame, the City may: 1. Treat such failure as a repudiation of this Agreement; 2. Resort to any remedy for breach provided herein or at law, including but not limited to, taking over the performance of the Services or any part thereof either by itself or through others. C. In the event the City shall terminate this Agreement for default, the City or its designated representatives may immediately take possession of all applicable equipment, materials, products, documentation, reports and data. 1.89 REMEDIES IN THE EVENT OF DEFAULT If an Event of Default occurs, the Contractor shall be liable for all damages resulting from the default, including but not limited to: A. Lost revenues; B. The difference between the cost associated with procuring Services hereunder and the amount actually expended by the City for procurement of Services, including procurement and administrative costs; and, C. Such other damages as the City may sustain. The Contractor shall also remain liable for any liabilities and claims related to the Contractor's default. The City may also bring any suit or proceeding for specific performance or for an injunction. 1.90 NONDISCRIMINATION During the performance of this Contract, the Contractor agrees to not discriminate against any employee or applicant for employment because of race, religion, color, sex, handicap, marital status, age or national origin, and will take affirmative action to ensure that they are afforded equal employment opportunities without discrimination. Such action shall be taken with reference to, but not be limited to, recruitment, employment, termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training. By entering into this Contract with the City, the Contractor attests that it is not in violation of the Americans with Disabilities Act of 1990 and related Acts (the "Act"). If the Contractor or any owner, subsidiary or other firm affiliated with or related to the Contractor is found by the responsible enforcement agency or the City to be in violation of the Act, such violation shall render this Contract void. This Contract shall be void if the Contractor submits a false affidavit or the Contractor violates the Act during the term of this Contract, even if the Contractor was not in violation at the time it submitted its affidavit. 1.91 CONFLICT OF INTEREST The Contractor represents that: 3/11/2021 8:54 AM Page 516 of City of Hollywood, Florida Bid F -4664 -21 -RL A. No officer, director, employee, agent, or other consultant of the City or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the grant of this Agreement. B. There are no undisclosed persons or entities interested with the Contractor in this Agreement. This Agreement is entered into by the Contractor without any connection with any other entity or person submitting a bid for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the City, or member of the immediate family or household of any of the aforesaid: 1. Is interested on behalf of or through the Contractor directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement, or in the Services, supplies or Work, to which this Agreement relates or in any portion of the revenues; or 2. Is an employee, agent, advisor, or consultant to the Contractor or to the best of the Contractor's knowledge, any subcontractor or supplier to the Contractor. C. Neither the Contractor nor any officer, director, employee, agent, parent, subsidiary, or affiliate of the Contractor shall have an interest which is in conflict with the Contractor's faithful performance of its obligations under this Agreement; provided that the City, in its sole discretion, may consent in writing to such a relationship, and provided the Contractor provides the City with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the City's best interest to consent to such relationship. D. The provisions of this Article are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shall apply. E. In the event the Contractor has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, the Contractor shall promptly bring such information to the attention of the City's Project Manager. The Contractor shall thereafter cooperate with the City's review and investigation of such information, and comply with the instructions the Contractor receives from the Project Manager in regard to remedying the situation. 1.92 PRESS RELEASE OR OTHER PUBLIC COMMUNICATION Under no circumstances shall the Contractor, its employees, agents, subcontractors and suppliers, without the express written consent of the City: A. Issue or permit to be issued any press release, advertisement or literature of any kind which refers to the City, or the Work being performed hereunder, unless the Contractor first obtains the written approval of the City. Such approval may be withheld if for any reason the City believes that the publication of such information would be harmful to the public interest or is in any way undesirable; and B. Represent, directly or indirectly, that any product or service provided by the Contractor has been approved or endorsed by the City, except as may be required by law. 1.93 BANKRUPTCY The City reserves the right to terminate this contract if, during the term of any contract the Contractor has with the City, the Contractor becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, 3/11/2021 8:54 AM Page 517 of City of Hollywood, Florida Bid F -4664 -21 -RL or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the Contractor under federal bankruptcy law or any state insolvency law. 1.94 CANCELLATION FOR UNAPPROPRIATED FUNDS The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law. 1.95 VERBAL INSTRUCTIONS PROCEDURE No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City representative may be considered. Only written communications from Contractors, which are signed by a person designated as authorized to bind the Contractor, will be recognized by the City as duly authorized expressions on behalf of Contractors. 1.96 COST ADJUSTMENTS The cost for all items as quoted herein shall remain firm for the first term of the contract. Costs for any extension term shall be subject to an adjustment only if increases occur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 3% per year or, whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPU -U) (National) as published by the Bureau of Labor Statistics, U.S. Dept. of Labor. The yearly increase or decrease in the CPI shall be that latest index published and available ninety (90) days prior to the end of the contract year then in effect compared to the index for the same month one year prior. Any requested cost increase shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the City shall have the right to receive from the Contractor reduction in costs that reflect such cost changes in the industry. The City may, after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the contract can be cancelled by the City upon giving thirty (30) days written notice to the Contractor. 1.97 PROHIBITION OF INTEREST No contract will be awarded to a bidding firm who has City elected officials, officers or employees affiliated with it, unless the bidding firm has fully complied with current Florida Statutes and City Ordinances relating to this issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder or termination of the agreement, removal of the Bidder from the City's bidder lists, and prohibition from engaging in any business with the City. 1.100 NO CONTINGENT FEES The Vendor warrants that it has not employed or retained any company or person other than a bona fide employee Working solely for the Vendor to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee Working solely for the Vendor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or infraction of this provision, the City shall have the right to terminate the Agreement without liability at its discretion and to deduct from the contract price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 1.101 E -VERIFY The Contractor acknowledges that the City may be utilizing the Contractor's Services for a project that is funded in whole or in part by State funds pursuant to a contract between the City and a State agency. The Contractor shall be responsible for 3/11/2021 8:54 AM Page 518 of City of Hollywood, Florida Bid F -4664 -21 -RL complying with the E -Verify requirements in the contract and using the U.S. Department of Homeland Security's E -Verify system to verify the employment of all new employees hired by the Contractor during the Agreement term. The Contractor is also responsible for e -verifying its subcontractors, if any, pursuant to any agreement between the City and a State Agency, and reporting to the City any required information. The Contractor acknowledges that the terms of this paragraph are material terms, the breach of any of which shall constitute a default under this Agreement. 1.102 BUDGETARY CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all Services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Contractor shall also be provided with a minimum 30 -day notice prior to any such reduction in budget. 1.103 ANNEXATION Contractor agrees to extend all terms, conditions and pricing in this agreement and any amendments thereto, to any areas annexed into the City. 1.104 DEFINITIONS & TERMS When used in Contract Documents or in related documents, the following terms shall have the meanings given below: Addendum: A modification of the Plans, Specifications or other Contract Documents distributed to prospective Bidders prior to the opening of Bids. Advertisement for Bids: The public notice inviting the submission of Bids for the Work. Bid: The written offer of a Bidder to provide product or perform Work or service. Bid Bond: A bond executed by a Bidder and its Surety in the attached form guaranteeing that the Bidder, if awarded the Contract will execute the same and will timely furnish the required Performance Bond, Payment Bond, and evidence of Insurance. Bidder: Any individual, firm, partnership or corporation submitting a Bid in accordance with the Instructions to Bidders. Bid Documents: The Advertisement for Bids, Instructions to Bidders, Bid Form, Bid Bond, Contract, Performance Bond, Payment Bond, Insurance Requirements, COMMISSION General Conditions, Special Provisions, Technical Specifications and Plans, together with all Addenda. Bid Form: The form on which Bids are submitted. Calendar Day: Everyday shown on the calendar. Change Order: A written agreement executed by the City, the Contractor and the Contractor's Surety, covering modifications to the Contract recommended by the Project Manager and approved by the City Manager and/or City Commission. Contract: The written agreement between the City and the Contractor for performance of the Work in accordance with the requirements of the Contract Documents and for the payment of the agreed consideration. Contract Documents: The Instructions to Bidders, Bid Form, Bid Bond, Contract, Performance Bond, Payment Bond, General Conditions, Special Provisions, Supplemental Provisions, Technical Specifications and Plans, together with all Addenda, Change Orders, Schedules and Shop Drawings. 3/11/2021 8:54 AM Page 519 of �.`49 City of Hollywood, Florida Contract Manager: Duly authorized representative designated to manage the Contract. Bid F -4664 -21 -RL Contractor: The individual, firm, partnership, corporation or joint venture whose Bid is accepted and who enters into a Contract with the City of Hollywood and who is liable for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Work. Contract Date: The date on which the Agreement is effective. Contract Time: The number of days allowed for completion of the Work. The Contract Time will be stipulated in the Bid Form, unless extended by a Change Order. All contract time shall be measured in calendar days. City: A political subdivision, Incorporated City within Broward County of the State of Florida, whose governing body is a City Commission consisting of a Mayor, Vice Mayor and five City Council members. City Manager: The Manager of the City of Hollywood, Florida. Days: Reference made to Days shall mean consecutive calendar days. Deliverables: All documentation and any items of any nature submitted by the Contractor to the City's Project Manager for review and approval in writing pursuant to the terms of this Agreement. IFB: Invitation For Bid. Lessee: Any individual, partnership or corporation having a tenant relationship with the City of Hollywood. Liquidated Damages: The amount that the Contractor accepts, as stipulated in the Bid Form, which will be deducted from the Contract Sum for each Calendar day of delay due to a Non -excusable Delay to be determined by the City's Contract Manager. Notice To Proceed (NTP): The written communication issued by the City to the Contractor directing the Contractor to begin contract Work and establishing the date of commencement of the Work. Owner: The term Owner as used in this Contract shall mean the City of Hollywood. Performance and Payment Bonds: Bonds executed by the Contractor and his Surety, on the attached forms, assuring that the Contractor will, in good faith, perform and guarantee the Work in full conformity with the terms of the Contract Documents and will promptly pay all persons supplying the Contractor with labor, materials, or supplies, used directly or indirectly by the Contractor in the execution of the Work. Plans: The drawings or reproductions thereof, prepared and sealed by the Architect/Engineer, which show the locations, character, dimensions and details of the Work to be done and which are part of the Contract Documents. Project: The construction and Services required by the Contract Documents, which includes all labor, materials, equipment, and Services to be provided by the Contractor to fulfill the Contractor's obligations. Project Cost: The sum of the construction costs, allowances for contingencies, the total cost of design professional and related Services provided by consultant, and allowances for such other items as charges of all other professionals and consultants. Project Manager: The duly authorized representative designated to manage the Project. Scope of Service: Document which details the Work to be performed by the Contractor. 3/11/2021 8:54 AM Page 520 of 14� City of Hollywood, Florida Bid F -4664 -21 -RL Subcontractor or Sub consultant: Any person, entity, firm or corporation, other than the employees of the Contractor, who furnishes labor and/or materials, in connection with the Work, whether directly or indirectly, on behalf of and/or under the direction of the Contractor and whether or not in privity of Contract with the Contractor. The words "Work", "Services", "Program", or "Project": All matters and things required to be done by the Contractor in accordance with the provisions of the Contract. The words "Directed", "Required", "Permitted", "Ordered", "Designated", "Selected", "Prescribed", or words of like import to mean respectively, the direction, requirement, permission, order, designation, selection or prescription of the City's Project Manager; and similarly the words "approved", acceptable", "satisfactory", "equal", "necessary", or words of like import to mean respectively, approved by, or acceptable or satisfactory to, equal or necessary in the opinion of the City's Project Manager. In resolving disputes and in all respects the City Manager's decision shall be final. 3/11/2021 8:54 AM Page 521 of City of Hollywood, Florida Bid F -4664 -21 -RL SECTION 2: ATHLETIC FIELD MAINTENANCE 2.1 PURPOSE The CITY of Hollywood is seeking proposals from qualified Contractors to establish a contract to provide athletic field maintenance services at designated parks within the CITY limits in conformity with the requirements as specified herein. 2.2 MINIMUM QUALIFICATIONS Contractor shall have a minimum of five (5) years experience in providing athletic field grounds maintenance and related services, of a similar scope, size and complexity as those services desired by the CITY. Relevant experience includes the maintenance and installation of athletic fields with Bermuda turf, including fields with clay surfaces; St. Augustine grass, plants, shrubs, small trees and palms under 10 feet in height and other plant materials; irrigation management; fertilizer and herbicide applications; and disease and pest management. Contractor shall have been in continuous operation for a minimum of the past five (5) years from the date that this proposal is issued and shall have a resident branch office in Miami -Dade, Broward or Palm Beach County, Florida. Contractor must be fully licensed/certified with all required State and/or local government licenses, certifications and permits, including, but not limited to, disease and pest control/pesticides, herbicides, irrigation, horticultural services, etc., as required to perform the requested services in this proposal. Education and Degree: CONTRACTOR must have at least one full time employee with a degree in turf management, agronomy, horticulture or a related field to manage this project. Licenses: CONTRACTOR must have staff licensed with all required State and/or Local government licenses and permits, including, but not limited to, disease and pest control, herbicides, irrigation, horticultural services, etc. Pesticide Certification: CONTRACTOR must have a certified pesticide applicator through the State of Florida, Department of Agriculture & Consumer Services. This individual will perform any pesticide, herbicide, and fungicide applications for this contract. Florida Green Industries Certification: CONTRACTOR must have at least one full time employee who has completed the Florida Green Industries Best Management Practices workshop dedicated to this contract. Know -the -Flow Certification: CITY prefers CONTRACTOR have at least one full time employee who has completed Broward County's "Know -the- Flow" course. 3/11/2021 8:54 AM Page 522 of �.q§ City of Hollywood, Florida 2.3 CONTRACT TERM Bid F -4664 -21 -RL The term of this contract shall be for a period of three (3) years beginning upon date of award. The CITY may renew this contract for two (2) additional one (1) year periods subject to CITY's option, vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the CITY. 2.4 SCOPE OF SERVICES The CITY is requesting proposals from qualified contractors for athletic field grounds maintenance services under a continuing services contract. The Contractor shall provide labor, supervision, equipment, supplies, tools, materials, and other necessary incidentals required to perform maintenance and operations of the CITY's athletic facilities. Scope of work includes but is not limited to the maintenance of natural turf sports fields, and irrigation. The Athletic Facilities Maintenance Services shall be partitioned into six (6) locations and it is the CITY's intent to request pricing for each location: Boggs East/Police Athletic League Football Fields. 6.9 acres. Boggs West Soccer Fields. 7.35 acres. Driftwood Baseball Fields. 9.7 acres. Hollywood West Baseball Field. 3 acres. Rotary Park Baseball Fields. 17.27 acres. Washington Park Football Fields. 6 acres. Proposers may submit a proposal for one facility, all facilities, or a combination of facilities. CITY may award one facility or multiple facilities to a CONTRACTOR. City intends to award services to a maximum of two CONTRACTORS. All proposers are advised that the CITY has NOT authorized the use of the CITY's seal by individuals or entities responding to the CITY's solicitation, and that any such use by unauthorized persons or entities constitutes a second-degree misdemeanor pursuant to Section 165.043, Florida Statutes. 2.5 DESCRIPTION OF SERVICE The CONTRACTOR shall provide labor, supervision, equipment, supplies, tools, materials, and other necessary incidentals required to perform the maintenance and management aspects of athletic facilities maintenance and operation. The CONTRACTOR may open and close athletic facilities in accordance with the days and hours of operation. The opening and closing the facilities include but is not limited to the unlocking and opening and closing and locking all entry gates. 3/11/2021 8:54 AM Page 523 of �.q� City of Hollywood, Florida Bid F -4664 -21 -RL The CITY shall open and close all public restrooms buildings within the athletic facilities in accordance with the days and hours of operation. The opening and closing the parks restrooms includes but is not limited to the unlocking and opening and closing and locking all restroom doors. The CONTRACTOR shall be responsible for the maintenance and turf management of all sports field turf which includes but not limited to installation and renovation. The CONTRACTOR shall maintain and manage all clay sports field surfaces and other ancillary areas of the sports fields. The CONTRACTOR shall prepare and line all sports fields for use, including practices, games and during tournaments. The CONTRACTOR shall have the necessary staff on site to accomplish the tasks set forth herein. See Section 2.6 Sports Field Usage. The CONTRACTOR shall maintain all landscaping within the CITY athletic facilities. Work shall include but is not limited to St. Augustine sod mowing and edging; shrubs & hedges maintenance; pruning of small trees and palms under 10 feet in height; fertilization; disease and pest management; application of herbicides; sod replacement and debris cleanup. The CONTRACTOR shall inspect, maintain, and repair the landscape irrigation system. The maintenance and repair of irrigation pumps is NOT included in the Scope of Work. The following activities are NOT included in the Scope of Work: pruning or removal of trees and palms 10 feet or more in height, building repairs & maintenance, fence and gate repair, playground repairs, parking lot and asphalt repairs, parking light pole repairs and maintenance, sports field lighting repairs & maintenance, sidewalk repairs and maintenance, and maintenance of the water body of CITY lakes and canals. 2.6 FIELD USAGE The parks operations and sports field maintenance shall include but is not limited to the adequate coverage to support the following organized sports. Boggs East Date Season Januar — April Flag Football June — November Tackle Football Boggs West Date Season January — May Soccer May — August Soccer Tryouts 3/11/2021 8:54 AM Page 524 of �.q§ City of Hollywood, Florida September - December Soccer Driftwood Date Season January — May Spring Baseball June — August Baseball Academy September — December Fall Baseball Hollywood West Date Season January — May Spring Baseball June — August Baseball Academy September — December Fall Baseball Rotary Park Date Season Januar — May Rec Baseball Januar - May Travel Baseball June — August Travel Baseball August - December Rec Baseball August - November Travel Baseball Washington Park Date Season Feb — April Flag Football June — December Tackle Football FEE SCHEDULE AND ESTIMATED QUANTITIES Bid F -4664 -21 -RL The proposed amount for each item in the Fee Schedule - Exhibit B, shall be inclusive of all the costs to complete the work within the proposed completion time. No guarantee is expressed or implied as to the quantity of services to be procured under this Agreement. ATHLETIC FACILITIES Athletic facilities are listed below with the name, size (in acres), address and usual hours of operation. A summary of the amenities at each park is provided. In addition to the amenities listed for each facility, all facilities have a grass swale, landscape consisting of trees, palms, shrubs, hedges, and sod. A. Boggs Field East/Police Athletic League. 6.9 acres 3/11/2021 8:54 AM Page 525 of �.q§ City of Hollywood, Florida 2311 North 23rd Ave, Hollywood, FL 33020. Monday — Friday: 5pm — 9:30pm and Saturday: 9am — 10pm. Two (2) natural grass football fields Two (2) outdoor basketball courts One (1) multi-purpose natural grass field approx. 200 ft X 165 ft Crushed shell walking path CITY of Hollywood Police Department maintains the Police Athletic League building. B. Boggs Field West. 7.35 acres 2310 North 23rd Ave, Hollywood FL 33020. Monday — Friday: 5pm — 9:30pm and Saturday: 9am — 5pm. Two 312' X 210' (11 vs 11) natural grass soccer fields One 180'X 105' (7 vs 7) natural grass soccer fields Five 90'X 60' (3 vs 3) natural grass soccer fields One playground One (1) building with concession stand, multi-purpose room, and restrooms C. Driftwood Baseball Fields. 9.7 acres North 69 Way, Hollywood FL 33024. Monday — Friday: 5pm — 9:30pm and Saturday: 9am — 5pm Four (4) natural grass baseball/softball fields One (1) baseball batting cage One (1) building with concession stand, and restrooms D. Hollywood West. 3 acres 6770 Garfield Street, Hollywood FL 33024. Monday — Friday: 5pm — 9:30pm and Saturday: 9am — 3pm. One natural grass baseball/softball field One (1) building with concession stand, and restrooms E. Rotary Park. 17.27 acres 3150 Taft St, Hollywood, FL 33021. Monday — Friday: 5pm — 9:30pm and Saturday: 9am — 5pm. Eight (8) baseball/softball fields with dugouts and bullpen pitching rubbers and home plates One (1) playground Three (3) batting cages Three (3) practice pitching mounds and home plates Bid F -4664 -21 -RL 3/11/2021 8:54 AM Page 526 of �. City of Hollywood, Florida One (1) building with concession stand, multi-purpose room, and restrooms One (1) boat launch F. Washington Park 5199 Pembroke Road, Hollywood FL 33021. Monday — Friday: 5pm — 9:30pm and Saturday: 9am — 3pm. One (1) Bermuda natural grass football field One (1) Bermuda natural grass multipurpose field One (1) building with concession stand, multi-purpose room, and restrooms One (1) basketball court Two (2) paddleball courts Note: CITY may request Contractor reconfigure field layout and/or paint different size fields in addition to or in lieu of above. Bid F -4664 -21 -RL CITY OWNED MAINTENANCE BUILDINGS AND YARD The CONTRACTOR shall have use of CITY owned athletic maintenance buildings at Boggs Field West, Driftwood, Hollywood West, Rotary Park, and Washington Park as well as a yard at Rotary Park. Use of these facilities for any other purpose other than for the performance of services related to this Agreement is strictly prohibited. Use by the CONTRACTOR for non -CITY related business or activities shall constitute a breach of this Agreement and may result in termination of this Agreement. Prior to taking occupancy of these facilities, the CONTRACTOR shall make a video recording an inventory of CITY owned furniture, equipment and supplies in order to record the existing conditions. After review and verification by the CITY and the CONTRACTOR, the CONTRACTOR shall submit the video and the inventory to the CITY as a record of the existing conditions. Boggs Field West Maintenance Shop. 47 X 26 ft. Driftwood Baseball Field Maintenance Building. 29 X 16 ft. Hollywood West Maintenance Building. 39 X 34 ft. Rotary Park Maintenance Shop. 38 X 29 ft. Rotary Park West Yard. 19 X 102 ft. Rotary Park South Yard. 50 X 105 ft. Washington Park Maintenance Shop. 26 X 15 ft. The CONTRACTOR shall be responsible for maintaining all CITY owned maintenance facilities in a neat, clean, and functional manner, and shall be responsible for any damages beyond normal wear and tear, and/or vandalism. The CONTRACTOR shall notify CITY of any damaged facilities or infrastructure discovered during their routine maintenance and service activities. 3/11/2021 8:54 AM Page 527 of �.q§ City of Hollywood, Florida Bid F -4664 -21 -RL The CONTRACTOR shall be responsible to obtain and maintain cabinets and other containers as warranted by the requirements to store and house all chemicals, pesticides, herbicides, fuel containers and other products utilized by the CONTRACTOR for the work specified in this Agreement. The CITY shall inspect the maintenance facilities regularly. The CONTRACTOR shall be notified by the CITY of unacceptable conditions or deficiencies found. The CONTRACTOR shall correct the deficiencies within the time frame stipulated in the notice from the CITY. Failure to correct the deficiencies and come into compliance shall result in liquidated damages as specified herein. The CONTRACTOR shall correct all unsafe or dangerous conditions due to the Contractor's activity immediately. The CONTRACTOR shall be responsible for custodial or janitorial cleaning of the athletic maintenance buildings areas to include: shop/bay, offices, floors, hallways. Custodial cleaning shall include tasks such as cleaning of floors, sinks, removal of garbage, dusting of desks and windowsills and other customary custodial type tasks. Failure of the CONTRACTOR shall result in the liquidated damages as outlined in herein. The CONTRACTOR shall be responsible for any damage to the facilities determined to be the result of the CONTRACTOR. This shall include any and all above ground and below ground damage. The CONTRACTOR is responsible to obtain and maintain in good standing, all necessary Federal, State and Local registration and licenses required for operations to service the requirements of this Agreement. The CONTRACTOR shall comply with all applicable National Pollution Discharge Elimination System (NPDES) and other Federal, State, and local environmental regulations at it relates to the use of this facilities. During restoration work on sports fields, the CONTRACTOR shall comply with the requirements for erosion and sedimentation control in accordance with the NPDES regulations as promulgated by the Florida Department of Environmental Protection. Outdoor Storage of Materials: The CONTRACTOR shall, at all times, comply with applicable regulatory requirements including NPDES regulations and proper housekeeping maintained at all times. The CITY is responsible for the payment of the utilities (water, sewer, and electric) at all CITY owned Maintenance Buildings and Yards. 3/11/2021 8:54 AM Page 528 of �.q§ City of Hollywood, Florida BERMUDA TURF REPLACEMENT The CONTRACTOR shall supply all labor, equipment, and materials to perform Bermuda turf field replacement as directed by the CITY. The CONTRACTOR shall remove existing deteriorated turf, prepare the field for receiving new Bermuda turf, deliver and install new Bermuda turf. The CONTRACTOR shall provide a single unit price for the entire removal and installation. IRRIGATION SYSTEM The CITY's irrigation system in the parks is comprised of the following: Bid F -4664 -21 -RL A transmission network of underground pipes and valves located within the facilities and ranging in size from 2" to 6". These are pressurized and a clock starts mains. Athletic fields are supplied with non -potable reclaimed water or well water supplied by CITY. Rotary Park utilizes reclaimed water. Boggs Field, Driftwood, Hollywood West, and Washington Park utilize well water. Irrigation systems which includes but not limited to; time clocks, irrigation zones, lateral (zone) lines, risers, sprinkler heads, electrical wires, valves, valve boxes and controllers. SUPPLEMENTAL SERVICES Beyond the regular routine athletic facilities maintenance and operations; landscape and irrigation maintenance, the CONTRACTOR shall, upon the request and approval by the CITY, provide on an as -needed basis Supplemental Services (otherwise called Additional Services) for the purposes of: Total re -installation of infill for artificial turf fields. The installation of plants, shrubs, trees, and palms; and the application of chemicals and fertilization. LASER GRADING OF SPORTS FIELDS Other tasks as requested by the CITY. These Supplemental Services shall be based on the unit prices and markup/discount of wholesale prices provided in Exhibit B of the Agreement, Fee Schedule. No guarantee is made as to the quantity or frequency of the Supplemental Services and the CITY reserves the right to have this provided by others. 3/11/2021 8:54 AM Page 529 of �.q� City of Hollywood, Florida Bid F -4664 -21 -RL 2.7 INSURANCE REQUIREMENTS Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A -VI, as assigned by the A.M. Best Company. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self -insurer, the CITY shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the CITY. If applicable, any sub-CONTRACTOR(s) used by the CONTRACTOR shall supply such similar insurance required of the CONTRACTOR. Such certificate shall name the CITY as additional insured on the general liability and auto liability policies. Contractor shall maintain, at its sole expense, during the term of this agreement the following insurances: A. Commercial General Liability Insurance naming the CITY of Hollywood as an additional insured with not less than the following limits: Each Occurrence $1,000,000 Personal & Adv. Injury $1,000,000 Products Comp/OP $1,000,000 General Aggregate $1,000,000 Damages to Rented Premises $50,000 B. Commercial Automobile Liability Insurance naming the CITY as an additional insured with not less than the following limits: Owned, Non -Owned, and Hired Vehicles - The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL). If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person, $1,000,000 per Occurrence, $100,000 Property Damage. C. Worker's Compensation Insurance Covering the CONTRACTOR and the CONTRACTOR's employees with not less than the following limits: Employers Liability: $500,000/500,000/500,000 3/11/2021 8:54 AM Page 530 of �.q§ City of Hollywood, Florida D. Pollution Liability $500,000 each claim / $1,000,000 aggregate. City additional insured. Bid F -4664 -21 -RL Please Note: The Certificate shall contain a provision that coverage afforded under the policy will not be cancelled until at least thirty (30) days prior written notice has been given to the CITY. In the event the Certificate of Insurance provided indicates that the insurance shall terminate and lapse during the period of this Agreement, the vendor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreement or extension thereunder is in effect. The insurance policy shall not contain any exceptions that would exclude coverage for risks that can be directly or reasonably related to the scope of goods or services in this bid/proposal. A violation of this requirement at any time during the term, or any extension thereof shall be grounds for the immediate termination of any contract entered in to pursuant to this bid/proposal. In order to show that this requirement has been met, along with an insurance declaration sheet demonstrating the existence of a valid policy of insurance meeting the requirements of this bid/proposal, the successful proposer must submit a signed statement from insurance agency of record that the full policy contains no such exception. The CITY reserves the right to require additional insurance in order to meet the full value of the contract. The CITY reserves the right to require any other insurance coverage it deems necessary depending upon the exposures. 3/11/2021 8:54 AM Page 531 of �.q§ City of Hollywood, Florida SECTION 3 STANDARDS OF WORK Bid F -4664 -21 -RL 3.1 SCHEDULE OF WORK Schedule of Work: On the first business day of each week, the CITY shall furnish to the CONTRACTOR a list of both priority and routine maintenance Work Orders to be considered for completion during the following week. The CONTRACTOR shall then provide to the CITY within three days a preliminary schedule of the work for the following week for review by the CITY. Upon approval by the CITY, the schedule of work shall become final. In addition, the CITY reserves the right to direct the CONTRACTOR to rearrange the schedule to meet the needs of the CITY. WORK CYCLE The CONTRACTOR shall perform the Work Cycle as specified herein and within the defined duration of time. A Work Cycle consists of the completion of all the specified work at ALL facilities Name of Cycle Duration Litter Control on Athletic Fields Dail Bermuda Turf Mowing 120 every 12 months Turf Disease and Pest Management 30 Calendar days St Augustine Turf Mowing 10 Calendar days The CONTRACTOR shall complete the Work Cycle in scope and duration as prescribed in the Agreement. Any deviation from the requirements of this provision must be approved by the CITY Manager, or the CITY's designated representative. LITTER CONTROL CYCLE CONTRACTOR shall at all times, and especially prior to mowing, retrieve and dispose of all litter and debris on or immediately adjacent to the athletic field(s) This shall include regular monitoring of the athletic fields and areas immediately adjacent prior to hours of operation or while performing maintenance work and disposing of all litter and debris. If the CONTRACTOR becomes aware of the existence of hazardous wastes located within the park(s), the CONTRACTOR shall immediately notify the CITY. CONTRACTOR may dispose of litter only (does not include palm fronds, tree limbs, branches, or other landscaping debris) in CITY dumpsters or CITY facilities. CONTRACTOR shall be responsible for the disposal costs of all other landscape related debris collected. Trash and recycling receptacles on the athletic fields and areas immediately adjacent shall be emptied by CONTRACTOR on a regular basis as needed before and after 3/11/2021 8:54 AM Page 532 of �.�§ City of Hollywood, Florida Bid F -4664 -21 -RL operating hours of the athletic facility to avoid overflow and at a minimum once per day prior to opening time of each facility. CONTRACTOR shall keep trash and recycling receptacle lids in a clean and sanitary condition. Trash and recycling receptacles shall be cleaned with an environmentally safe cleaning product once every month. The exterior surface and trash and recycling liners shall be cleaned at minimum of once each week to prevent odors. The CONTRACTOR shall maintain the dumpster area. TURF MOWING WORK CYCLE Turf Mowing: A mowing schedule for each week of service shall be provided to the CITY on the last business day of the week prior to service and shall be subject to CITY approval. Mowing wet grass shall be avoided whenever possible. Mower blades must be kept sharp so that the cut grass edge is clean and not ragged. Mowing patterns shall be changed frequently to avoid wear. Any grass clippings or other plant debris remaining on the grass surface shall be removed the same day as the mowing service is performed. Clippings, mulch, or other plant debris must be prevented from entering ponds, lakes, water features, or drains. In the event that this occurs, the materials shall be removed immediately. Bermuda grass: Mow regular playing surfaces, with a reel type mower, at a minimum of once every two or three days for a total of 120 cuts per year. The Bermuda grass shall be cut to a minimum height of 1" to a maximum height of 1.25" above soil level. The Bermuda grass shall be cut when the grass height reaches 1.50" and the grass height shall not exceed 1.5". The baseball/softball infields and outfields shall be cut to a minimum height of 1" to a maximum height of 1.5" above soil level. The baseball/softball infields may be cut when the grass height reaches 1.75" and the grass height shall not exceed 1.75". The Bermuda grass shall be cut often enough such that no more than 1/3 of the leaf surface is removed during each cutting. Edging: The CONTRACTOR shall trim and properly edge all shrubs and flowerbeds as well as tree rings, curbs, walks, lighting, and all other obstacles in the landscape and remove clippings. Paved areas (hard edges) shall be edged every mowing with respect to the turf type adjacent to the edging. Edging of beds and tree rings (soft edging) shall be executed every mowing with respect to the turf type adjacent to the edging. Damage to property or existing vegetation caused by improper trimming or edging shall be repaired or replaced within 48 hours at the CONTRACTOR'S expense. Cleanup: All sidewalks, walkways, roadways, and other paved areas shall be vacuumed, swept, or blown off while the mowing, edging, or trimming is in process so that the appearance suffers for the least amount of time. Landscape lighting shall be wiped, blown off or vacuumed as needed to prevent accumulation of clippings and dead 3/11/2021 8:54 AM Page 533 of �.q� City of Hollywood, Florida Bid F -4664 -21 -RL insects. Landscape areas shall be raked and cleaned of clippings, leaves, sticks, twigs and all litter and debris each time the soft edging is done. All mowing schedules shall be subject to approval by the CITY. No chemical edging allowed. Tire Ruts in Swale Areas: The CONTRACTOR shall tamp and/or replace sod damaged by tire ruts in swale areas within 48 hours of the daily inspection. Turf Disease and Pest Management Work Cycle: The CONTRACTOR shall adhere to the following for disease and pest management of all turf grass. The CONTRACTOR shall control or eradicate diseases and infestations by chewing or sucking insects, leaf miners, fire ants and other pests by spraying affected plants and shrubs with chemical sprays and combinations of sprays suitable for that particular disease or pest when the infestation or infection becomes evident and as often thereafter as necessary. All applications shall be performed by persons holding a valid pesticide application license as issued by the State of Florida and shall be done in accordance with the pesticide manufacturer's recommended rates and all applicable Federal, State, County and Municipal regulations. The CONTRACTOR shall respond within 72 hours after a request or notice from CITY. The CONTRACTOR shall be fully licensed to spray pesticides and shall use sound cultural practices that aid in preventing the presence or proliferation of insects and diseases. The CONTRACTOR shall maintain all turf, planting beds and tree rings in a weed free condition. The CONTRACTOR shall apply various herbicides by means of spray type devices to aid in the control of unwanted weeds and vegetation. All applications shall be performed by persons holding a valid herbicide application license as issued by the State of Florida and shall be done in accordance with the herbicide manufacturer's recommended rates and all applicable Federal, State, County and Municipal regulations. Herbicides shall be used only with prior written approval by the CITY as to type, location, and method of application. The CONTRACTOR shall exercise extreme care so as not to overspray and affect areas not intended for treatment. Areas adversely affected by such overspray shall be restored at the CONTRACTOR'S expense. The CONTRACTOR shall, after a chemical application, remove all signs in accordance with the chemical products' recommended standards. IRRIGATION SYSTEM MAINTENANCE MANAGEMENT WORK CYCLE The CONTRACTOR shall be responsible for the operation, maintenance and repair of the irrigation system which includes but is not limited to setting and adjusting the time clocks to insure proper watering of all plants, shrubs, trees, palms, turf, landscaping, and ground cover contained within the athletic field and immediately adjacent areas to provide for a uniform lush green landscape appearance. Any damage to the irrigation system discovered must be reported to the CITY immediately. 3/11/2021 8:54 AM Page 534 of �.W City of Hollywood, Florida Bid F -4664 -21 -RL The CONTRACTOR shall have thirty (30) days from the start of the Agreement to perform an initial inspection of the irrigation system and provide a report to the CITY of any existing damage and/or incorrect operation and coverage. The CONTRACTOR shall be responsible for the system working properly, as specified herein, after the initial inspection report and subsequent repairs. The CONTRACTOR shall adjust the irrigation during the various seasons to maintain the uniform lush green landscape appearance. The CONTRACTOR shall manage and irrigate areas as needed during periods of little or no rainfall using the irrigation system and/or any supplemental watering necessary to keep the plant material, turf, and landscaping in optimum health. Supplemental watering may require a large portable watering tank, impact sprinklers or additional hose to be supplied by the CONTRACTOR. The CONTRACTOR shall be responsible for controlling the amount of water used for irrigation. Damage that results from over -watering or insufficient watering shall be the responsibility of the CONTRACTOR to repair or replace at the CONTRACTOR'S expense. Irrigation watering schedules must comply with all local, County, regional and state watering restrictions. There shall be no watering on any day between the hours of 10:00 AM and 4:00 PM unless an irrigation technician is at the site being irrigated. The CONTRACTOR shall, within forty five (45) calendar days, fully operate all the irrigation zones from the irrigation clock and replace, repair or clean all irrigation heads, lateral lines, electrical wires, valve boxes and controllers as needed. Any equipment damaged by the CONTRACTOR'S operation shall be replaced at the CONTRACTOR'S expense with the same equipment/part and by the same manufacturer unless otherwise approved by the CITY. The CONTRACTOR shall perform all irrigation repairs to the lateral lines, risers and sprinkler heads as required to keep the system operating. For this category of work the CITY shall reimburse the CONTRACTOR for materials ONLY. The CONTRACTOR shall perform repairs on main lines; pump in -take piping; electrical wires from zone valves back to the clock; and replace damaged or broken valve boxes. For this category, the CITY shall reimburse the CONTRACTOR for labor and materials. The CONTRACTOR shall provide written report of the following: Once per week, a list of all the irrigation zones clocks serviced. Once per workday, a list of irrigation parts and materials used for repairs. 3/11/2021 8:54 AM Page 535 of �.�§ City of Hollywood, Florida Bid F -4664 -21 -RL Reimbursable Items: THE CONTRACTOR shall obtain authorization by the CITY prior to commencement. The CONTRACTOR shall be reimbursed based markup provided in Exhibit B of the Agreement, Fee Schedule. See Section 5.3 for details on the required source for wholesale pricing The CITY may choose to purchase irrigation parts, supplies directly from supplier(s) or manufacturer(s). ATHLETIC SPORT FIELDS MAINTENANCE AND MANAGEMENT CYCLE BASEBALL/SOFTBALL FIELDS The CONTRACTOR shall be responsible for the inspection, maintenance, upkeep, and repair of all clay areas including home plate/batter's box, pitcher's mounds, base paths, and warning tracks. The CONTRACTOR will provide consistent and safe playing conditions. Clay areas shall be inspected on a daily basis and any large stones or clumping material, ruts, holes, wet or dry areas, soft or hard spots, bowled out areas shall be repaired or replaced. Clay areas shall be scarified, dragged, and watered daily until the desired texture is achieved. Maintain at least 1/4" of calcide or conditioner on the clay areas at a minimum of once annually. The CONTRACTOR shall install home plates, pitcher's rubbers, bases, and anchors at dimensions as specified by the CITY. On game days, the CONTRACTOR shall line the fields and install bases as needed, including between games, at dimensions as specified by the CITY. Pitcher's mounds and batter's boxes shall be repaired daily or, at a minimum, after being used. The clay areas shall be lined with marble dust. CONTRACTOR shall maintain all batting cages, which shall be kept clean and free of vegetation and debris. CONTRACTOR shall report all visible net and cages damage to the CITY. Any hazardous conditions shall be reported to the CITY immediately verbally and documented in writing/email. BERMUDA TURF - SOCCER/FOOTBALL/BASEBALL/SOFTBALL FIELDS The CONTRACTOR shall inspect all turf areas on a daily basis and any large stones, ruts, holes, or bowled out areas shall be repaired or replaced. In preparation for game days, the CONTRACTOR shall line the fields as needed, including between games, at dimensions specified by the CITY. Latex marking paint (provided by CITY) shall be used for all lines on turf areas, and more than one color paint may be required. The CONTRACTOR shall place sandbags on soccer goals at all times to prevent tipping. Two sandbags shall be utilized on 6'x 12' and 6'x 18' goals, three sandbags on 7'x 21' goals, and four sandbags on 8'x 24' goals. The CITY shall provide the sandbags. The CONTRACTOR shall be responsible for the repair of damage to goals and nets caused by the CONTRACTOR. 3/11/2021 8:54 AM Page 536 of �.�& City of Hollywood, Florida Bid F -4664 -21 -RL Regularly Scheduled - The CITY shall provide the CONTRACTOR with a schedule on or before the Sunday of upcoming week to request the lining and preparation of a field. Failure by the CONTRACTOR to perform will result in liquidated damages specified herein. Limited Emergency Requests — The CONTRACTOR shall have the capacity to handle emergency field preparation and lining, limited to one field per request per day. In these cases, the CITY shall provide advance notice of at least 2 hours. On practice and game days, the CONTRACTOR shall: Prepare the fields and properly line/mark for the applicable age group as requested. Monitor activities and have proper materials, equipment, and tools on hand to handle all field issues to keep fields in a safe and playable. During Tournaments (non -regular league games), the CONTRACTOR shall provide field preparation and lining throughout the ENTIRE days of the Tournament. The CONTRACTOR will provide consistent and safe playing conditions. BERMUDA TURF FIELD RENOVATIONS The CONTRACTOR shall perform turf renovations (remove and replace) on athletic fields as directed by the CITY. All labor, materials, supplies and equipment for the removal and installation of new Bermuda turf shall be included in the unit price per square foot stated in the Fee Schedule, Exhibit B. The CITY may choose to purchase Bermuda turf directly from supplier(s). The CONTRACTOR work shall at a minimum include the cutting out the designated damaged or deteriorated sod areas, removal of debris from the field and premises, use 80/20 mix to smooth or level surface prior to planting, installing new turf, cutting in edges, rolling, tamping and smoothing surface to ensure safety and playability. CHEMICALS OR FERTILIZERS The CONTRACTOR shall be prohibited from the use of chemicals or fertilizers on any site without prior written approval from the CITY. In order to obtain written approval for chemical or fertilizer use, the CONTRACTOR shall furnish to the CITY, in writing, the name of the chemical or fertilizer, the manufacturer's label and the Manufacturer's Safety Data Sheet (MSDS). Commercial fertilizer applicators must be certified by the Department of Agriculture and Consumer Affairs pursuant to F.S. 482.1562. All commercial fertilizer applicators shall successfully complete the Florida Department of Environmental Protection's required training program. All commercial fertilizer applicators shall apply fertilizers in accordance with the Florida Department of Environmental Protection through the University of Florida/Institute of Food and Agricultural Sciences Extension's "Florida -Friendly Best Management Practices for 3/11/2021 8:54 AM Page 537 of �.` § City of Hollywood, Florida Protection of Water Resources by the Green Industries." The CITY may choose to purchase chemicals, fertilizers, materials, and supplies directly from supplier(s) or manufacturer(s). MAINTENANCE OF TRAFFIC CONTRACTOR shall be responsible for proper maintenance of traffic (M.O.T.) in accordance with the standards outlined in the Manual on Uniform Traffic Control Devices (M.U.T.C.D.) at all times. Pedestrian traffic may be prohibited when appropriate. Sufficient and proper safety devices, to include and not be limited to signage, flags, barricades, and cones must be used to stage vehicles and equipment and to protect work sites on or near roadways and parking lots. Bid F -4664 -21 -RL UTILITIES CONTRACTOR shall be solely responsible for obtaining the locations of underground utilities when performing work below grade, and for identifying overhead utilities when performing work above grade. The CONTRACTOR shall be responsible to repair any damage to overhead and underground utilities caused by their construction activities. SUPPLEMENTAL SERVICES The CONTRACTOR shall, upon the request and approval by the CITY, provide on as - needed basis, "Supplemental Services," for the purposes of: A) plants, shrubs, trees and palms installation; B) fertilization; and C) application of pest and disease management chemicals to plants, shrubs, hedges. These Additional Services shall be based on the unit prices provided in Exhibit B of the Agreement, Fee Schedule. CITY may choose to purchase plants and shrubs directly from supplier(s). PLANTS AND SHRUBS INSTALLATION All plant material shall be Florida Number One, or better, as provided in the most current edition of Grades and Standards for Florida Nursery Plants, Parts I and II, prepared by the Florida Department of Agriculture. For standards not addressed in the Florida Grades and Standards for Florida Nursery Plants, plant materials shall conform to the American National Standards Institute (ANSI) Standards Z60.1. All plant material and services shall be guaranteed for a period of 90 days from the date of planting or service completion. This guarantee may not apply for plants damaged by "acts of God," such as hurricanes, fires, etc., or by vehicular accidents. FERTILIZATION A schedule of fertilization dates and fertilizer analysis shall be presented to the CITY prior to application and shall be subject to CITY approval. The fertilizer used shall be a commercial grade product and recommended for use on each plant, tree, or grass type. Specific requirements shall be determined by soil test results, soil type and the time of year. Applications shall proceed continuously once begun until all areas have been 3/11/2021 8:54 AM Page 538 of �.�§ City of Hollywood, Florida Bid F -4664 -21 -RL completed. In the event fertilizer is thrown on hard surfaces, it shall be removed immediately to prevent staining. CONTRACTOR shall have the soil tested a minimum of once every four (4) months to determine required additives, and more often if necessary, to diagnose problem areas. Any plants, trees or grass damaged by over - fertilization shall be replaced at the CONTRACTOR'S expense. All commercial fertilizer applicators shall apply fertilizers in accordance with the Florida Department of Environmental Protection through the University of Florida/Institute of Food and Agricultural Sciences Extension's "Florida -Friendly Best Management Practices for Protection of Water Resources by the Green Industries." St. Augustine Grass: St. Augustine turf shall be fertilized with a complete NPK profile. The CONTRACTOR shall establish a program that shall fertilize all St. Augustine grass and shall vary with the time of year of the application and the results of soil analysis. Bermuda Grass: Bermuda grass shall be fertilized with a complete NPK profile. The CONTRACTOR shall establish a program that shall fertilize all Bermuda grass and shall vary with the time of year of the application and the results of soil analysis. The CONTRACTOR shall apply additional fertilizer to treat stressed, worn, or high traffic areas as needed. Plants and Shrubs: The CONTRACTOR shall establish a program that shall fertilize all plants and shrubs, describing the type of fertilizer required for each type of plant and the time of year this work shall be undertaken. Palms: The CONTRACTOR shall establish a program that shall fertilize all palms, describing the type of fertilizer required for each type of palm and the time of year this work shall be undertaken. The fertilization schedule shall be provided to the CITY not less than one month prior to application and shall be subject to CITY approval. Disease and Pest Management: Application of disease and pest management chemicals to plants, shrubs, hedges, trees, and palms. The CONTRACTOR shall control or eradicate diseases and infestations by chewing or sucking insects, leaf miners, fire ants and other pests including, but not limited to white fly, by spraying affected plants and shrubs with chemical sprays and combinations of sprays suitable for that particular disease or pest when the infestation or infection becomes evident and as often thereafter as necessary. All applications shall be performed by persons holding a valid pesticide application license as issued by the State of Florida and shall be done in accordance with the pesticide manufacturer's recommended rates and all applicable Federal, State, County and Municipal regulations. The CONTRACTOR shall respond within 72 hours after a request or notice from CITY. The CONTRACTOR shall be fully licensed to spray pesticides and shall use 3/11/2021 8:54 AM Page 539 of �.`6 City of Hollywood, Florida Bid F -4664 -21 -RL sound cultural practices that aid in preventing the presence or proliferation of insects and diseases. All planting beds and tree rings shall be maintained in a weed free condition. The CONTRACTOR shall apply various herbicides by means of spray type devices to aid in the control of unwanted weeds and vegetation. All applications shall be performed by persons holding a valid herbicide application license as issued by the State of Florida and shall be done in accordance with the herbicide manufacturer's recommended rates and all applicable Federal, State, County and Municipal regulations. Herbicides shall be used only with prior written approval by the CITY as to type, location, and method of application. The CONTRACTOR shall exercise extreme care so as not to overspray and affect areas not intended for treatment. Areas adversely affected by such overspray shall be restored at the CONTRACTOR'S expense. After a chemical application, all signs shall be removed in accordance with the chemical products' recommended standards. AERATION, VERTICUTTING, TOPDRESSING, AND OVERSEEDING On occasion, the CITY may request, aeration, verticutting and topdressing to provide proper air and water exchange for maximum growth potential and health of the Bermuda grass as needed. The topdressing material shall be a mixture similar to the profile of the soil below the turf as determined by soil analysis. The CONTRACTOR shall also be responsible for topdressing worn turf areas, depressed turf areas, etc. as needed on an ongoing basis. Overseeding material shall be with a rye grass blend. The CONTRACTOR shall submit a proposal for these services to the CITY for approval. The topdressing and overseeding material shall be reimbursed to the CONTRACTOR. SPORTS FIELD REPAIRS The CONTRACTOR shall install clay for infields and pitcher's mounds as needed materials supplied by the CITY. Major projects such as turf renovations or drainage replacements will be done on an as needed basis and will be quoted to the CITY by the CONTRACTOR. The CITY shall provide sand and CONTRACTOR shall install volleyball sand on the courts as directed by the CITY. PROJECT WORK The CITY, in its sole discretion, reserves the right to purchase materials for "Supplemental Work" directly from the CONTRACTOR's vendor or another vendor of the CITY's choice. LIQUIDATED DAMAGES 3/11/2021 8:54 AM Page 540 of �.` § City of Hollywood, Florida Bid F -4664 -21 -RL If, in the opinion of the PRCA Director or designee there has been a breach of Agreement, the PRCA Director or designee shall notify the CONTRACTOR, in writing, specifying the basis and reason in which there has been a breach of Agreement. In the event of a breach by CONTRACTOR, CONTRACTOR shall be liable for liquidated damages as provided in this Section. Unless otherwise provided herein, there shall be no cure period of time to avoid the consequences of a breach. Liquidated damage is not a penalty. CONTRACTOR agrees that the amount of liquidated damages assessed pursuant to this section is reasonable and does not constitute a penalty. The parties recognize the difficulty of proving the loss or damage suffered by the CITY due to CONTRACTOR's breach. CONTRACTOR acknowledges and agrees that the amount of liquidated damages approximate the loss anticipated at the time of execution of this Agreement. TURF MOWING WORK CYCLE Failure to comply with the provisions for the completion of the Work Cycle for turf mowing at the following athletic facilities within the thirty (30) calendar day period shall result in the liquidated damages of $1,000 for each day of delay. Boggs East/Police Athletic League Football Fields Boggs West Soccer Fields Driftwood Baseball Fields Hollywood West Football and Baseball Field Rotary Park Baseball Fields Washington Park Football Fields TURF DISEASE AND PEST MANAGEMENT CYCLE Failure to comply with the provisions for the completion of the Work Cycle for turf management at the following athletic facilities within the thirty (30) calendar day period shall result in the liquidated damages of $500 for each day of delay. Boggs East/Police Athletic League Football Fields Boggs West Soccer Fields Driftwood Baseball Fields Hollywood West Football and Baseball Field Rotary Park Baseball Fields Washington Park Football Fields SHRUBS AND GROUND COVER MATERIAL WORK CYCLE Failure to comply with the provisions for the completion of the Work Cycle for shrubs and ground cover material at the following athletic facilities within the thirty (30) calendar day period shall result in the liquidated damages of $500 for each day of delay. 3/11/2021 8:54 AM Page 541 of �.` § City of Hollywood, Florida Boggs East/Police Athletic League Football Fields Boggs West Soccer Fields Driftwood Baseball Fields Hollywood West Football and Baseball Field Rotary Park Baseball Fields Washington Park Football Fields HEDGE PLANT MATERIAL WORK CYCLE Failure to comply with the provisions for the completion of the Work Cycle for hedge plant material at following athletic facilities within the ninety (90) calendar day period shall result in the liquidated damages of $500 for each day of delay. Boggs East/Police Athletic League Football Fields Boggs West Soccer Fields Driftwood Baseball Fields Hollywood West Football and Baseball Field Rotary Park Baseball Fields Washington Park Football Fields IRRIGATION MANAGEMENT WORK CYCLE Bid F -4664 -21 -RL Failure to comply with the provisions for the completion of the Work Cycle for irrigation clock (wet) checks at the following athletic facilities within the thirty (30) calendar day period shall result in the liquidated damages of $300 for each day of delay. Boggs East/Police Athletic League Football Fields Boggs West Soccer Fields Driftwood Baseball Fields Hollywood West Football and Baseball Field Rotary Park Baseball Fields Washington Park Football Fields LINING AND FIELD PREPARATION CYCLE Failure to comply with the provisions for preparing, lining and grooming (if applicable) of a sports field as requested by the City shall result in the liquidated damages as follows: $200 per instance per baseball field. $300 per instance per soccer field/football field MAINTENANCE YARD CONDITIONS Failure to comply with correct deficiencies within the time frame requested by the CITY shall result in the liquidated damages: $200 per day until resolved. 3/11/2021 8:54 AM Page 542 of �.9,§ City of Hollywood, Florida Bid F -4664 -21 -RL PUBLIC RELATIONS CONTRACTOR'S positive interaction with CITY residents is essential to the success of this Agreement and is of equal importance as the ability to competently maintain the parks. CONTRACTOR shall extend the utmost courtesy to CITY residents at all times. All resident inquiries shall be directed to the CITY. DISCOVERY AND NOTIFICATION If the CONTRACTOR discovers damages, vandalism or theft, the CONTRACTOR shall immediately notify the CITY of same, and shall file a police report of the occurrence. PROPERTY DAMAGE Observation of property damage prior to the commencement of work, whether public or private, shall immediately be reported to CITY. Property damage, whether public or private, caused by CONTRACTOR during the course of the work shall be immediately reported to CITY, and repaired by CONTRACTOR at no cost to CITY or Property Owner. If for any reason, the CONTRACTOR damages CITY's equipment/property, they shall be responsible for the cost to repair. In the event of damage to City property, the CITY shall make or cause to be made the required repairs and submit a bill of all related costs to the CONTRACTOR the CITY determines to be responsible. WORK ORDER (SERVICE REQUEST) COMPLETION INFORMATION INPUT The CONTRACTOR shall be responsible to enter/input information on completed work orders (service requests) into the CITY's Work Order and Asset Management Software. The typical information required include but is not limited to: description of service, date serviced, city contract#, location, city asset serviced (e.g. street light pole#, monument sign, irrigation pump, park, etc.), and hours or cost for service. Work Order Completion data input shall be entered no later than 5 working days after the actual performance of the work order or service request. All work orders entered by the CONTRACTOR shall be reviewed by the CITY and the work order closed by the CITY only after completion of the service is verified. Services or work performed by the CONTRACTOR shall not be considered completed and eligible for payment by the CITY until the Work Order Completion Information is entered into the CITY's Work Order System by the CONTRACTOR. 3/11/2021 8:54 AM Page 543 of �. City of Hollywood, Florida Bid F -4664 -21 -RL SECTION 4 STANDARDS OF CONTRACTOR 4.1 INTENT The CONTRACTOR shall be an independent contractor and the individuals assigned to work for the CITY by the CONTRACTOR shall be subject to the approval of the CITY and will not be CITY employees. CONTRACTOR must be fully licensed with all required State and/or Local government licenses and permits and must comply with all Federal, State and local laws, rules, practices and regulations. 4.2 FACILITIES The CITY reserves the right to inspect and review code violations issued to the CONTRACTOR's facilities, at any reasonable time, during normal working hours, without prior notice to determine that the CONTRACTOR has a bona fide place of business and is a responsible CONTRACTOR. 4.3 IDENTIFICATION CONTRACTOR will not use or create any badge containing CITY'S name, seal, logo, or any other reference thereof for identification. 4.4 RELATIONSHIP CONTACT CONTRACTOR shall maintain at a minimum one relationship contact for this contract who will respond to specific CITY requests, twenty-four hours a day, seven days a week, including all public holidays. The relationship contact shall be available by cellular telephone and shall be expected to visit the work site as requested by CITY. The relationship contact shall be able to manage all facets of the contract. The relationship contact must be fluent in English and have excellent communication skills and be capable of directing all regular maintenance and additional services and coordinating these with CITY. The relationship contacts shall use his/her experience and training to prevent, detect and control adverse conditions by physically inspecting the work area regularly. 4.5 PERFORMANCE EVALUATION The CITY shall meet the CONTRACTOR every three months to review the Contractor's performance. The CITY shall provide a written performance evaluation. The evaluation shall include but is not limited to the Contractor's performance in: Bermuda turf management Clay surface management Field game preparation Litter and Debris collection Shrub Trimming 3/11/2021 8:54 AM Page 544 of i.9§ City of Hollywood, Florida Irrigation Management Condition of Maintenance Yard The overall performance evaluations shall be rated in one of the following categories, depending upon the Contractor's performance: EXCELLENT, GOOD or POOR. Bid F -4664 -21 -RL All instances of a rating of POOR shall be documented in writing to the CONTRACTOR and followed by a written commitment from the CONTRACTOR to resolve the issues in a time frame agreed to between the CITY and the CONTRACTOR. Two consecutive quarters of a performance evaluation with a rating of POOR may constitute a breach of this Agreement and may result in termination of this Agreement. 4.6 RESPONDING TO EMERGENCY REQUESTS CONTRACTOR shall provide 24/7 emergency contact telephone number and respond to emergency request after notification by the City, twenty-four (24) hours a day, seven (7) days a week, including all public holidays. Emergency repair will require the following response: CONTRACTOR acknowledgement of the emergency request within thirty (30) minutes of the phone call made by CITY or designee. Acknowledgement must be by live telephone conversation with a CONTRACTOR employee, not a recording or answering service. For Irrigation Emergencies: A technician shall commence work at the affected location within two (2) hours of request for service. CONTRACTOR shall immediately address the problem and immediately inform the CITY of the extent of the problem. For Landscape Emergencies: CONTRACTOR shall commence work at the affected location within four (4) hours of request for service. CONTRACTOR shall immediately address the problem and immediately inform the CITY of the extent of the problem. CONTRACTOR shall provide a list of individuals and their contact information to be contacted for emergency and update it immediately whenever any change occurs. FAILURE TO RESPOND Should the CONTRACTOR fail to meet the thirty (30) minutes acknowledgement time or two (2) hour time requirement to commence irrigation emergency repairs, each failure shall result in liquidated damages due to the CITY in the amount $750.00. Should the CONTRACTOR fail to meet the four (4) hour response time to be on-site for Landscape Emergencies, unless otherwise agreed upon with the CITY, each failure shall result in liquidated damages due to the CITY in the amount of $500.00. 3/11/2021 8:54 AM Page 545 of i.9§ City of Hollywood, Florida Bid F -4664 -21 -RL Consistent failure by the vendor to respond to Emergency Service Repairs Requests and Non -Emergency Service requests within the required response times may, place the CONTRACTOR in breach of the Agreement. Consistent failure to respond is defined as not responding within the required response time on two out of four consecutive occurrences. 4.7 DRUG-FREE WORKPLACE CONTRACTOR shall have implemented and maintain a drug-free workplace program, in accordance with Section 287.087, Florida Statutes. 4.8 TRANSITION PLAN CONTRACTOR shall provide a detailed description of how services will be transitioned under CITY'S current Agreement to CONTRACTOR. CONTRACTOR is responsible for minimizing any negative impacts to CITY by ensuring a smooth and orderly transition of service. Prior to the termination of this Agreement, CONTRACTOR shall use its best efforts to ensure a smooth and orderly transition of service. 4.9 ADHERENCE TO CITY POLICY CONTRACTOR assigned to handle the Parks Maintenance Services for the CITY shall adhere to all CITY policies, procedures, and protocols. Disclosure of Relationships CONTRACTOR agrees to give CITY written notice of any Relationship, as defined herein, that CONTRACTOR enters into with CITY or any of its districts, its elected or appointed officials, its employees or agents, during the period of this Agreement. A "Relationship" for the purpose of this Section shall include but not be limited to employer/employee, consultant, contractor, sub -contractor, associate, officer, partnership, joint venture, ownership greater than one percent, landlord/tenant, or creditor/debtor, gift donor/recipient in excess of $100.00, past or on-going personal relationships, or joint involvement with charitable/voluntary activities. 4.10 REPAIRS CONTRACTOR shall obtain all permits and pay all required fees to any regulatory agency having jurisdiction over any work required to repair or replace damages caused by the CONTRACTOR. Upon completion of the repair work, evidence satisfactory to CITY shall be furnished to show that all work has been performed in accordance with the applicable ordinances and code requirements. Compliance with Code of Federal Regulations and Federal Standards 3/11/2021 8:54 AM Page 546 of �.9,& City of Hollywood, Florida Bid F -4664 -21 -RL All services purchased under this agreement shall be in accordance with the 2 Code of Federal Regulations (CFR), Part 200 for Uniform Administrative Requirements, Cost Principle and Audit Requirements for Federal Awards. In addition, CONTRACTOR shall adhere to all applicable governmental standards, including, but not limited to those issued by the Occupation Safety and Health Administration (OSHA), the National Institute of Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). It shall be the responsibility of the CONTRACTOR to be regularly informed to conform to any changes in standards issued by any regulatory agencies that govern the commodities or services applicable to this agreement. A complete copy of the CFR may be obtained by visiting the following website: https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Titie02/2cfr200_main_02.tpi CONTRACTOR shall assist in ensuring that the City is in compliance with Federal Emergency Management Agency's (FEMA) reimbursement requirements, as set forth in the CFR, §200.318, General Procurement Standards. Pursuant to 2 C.F.R. Part 200.321, if subcontractors are utilized, the CONTRACTOR shall take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce or similar State and County agencies. CONTRACTOR may use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Websites and contact information can be found at Ih :.lp .: .......................................................1 n. ov and I tQ.IIp.;//...........................:..Ir lb .::. ov V. 3/11/2021 8:54 AM Page 547 of �. City of Hollywood, Florida Bid F -4664 -21 -RL SECTION 5 STANDARDS OF LABOR AND MATERIALS 5.1 LABOR CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR'S employees/independent contractors and shall not employ on the work site an unfit person or anyone not skilled in the work assigned to him. Subcontractors, employees or independent contractors of CONTRACTOR whose work is unsatisfactory to CITY or who are considered by CITY'S representatives as careless, incompetent, unskilled or disorderly or who use threatening or abusive language to any person shall be dismissed from work upon notice from CITY and shall not be employed to perform the work under this Agreement thereafter. No liquor, alcoholic beverages, smoking or drugs shall be allowed on the site of the work. CONTRACTOR'S shall provide certified payroll to the City on a monthly basis, along with CONTRACTOR'S invoice. 5.2 BACKGROUND CHECKS Prior to working in the CITY, all managers and employees of CONTRACTOR, independent contractors, and subcontractors shall be required to undergo background checks. A thorough State and national background check that identifies an individual's entire criminal history shall be conducted. The analysis of the background check shall focus only on those offenses that most directly impact both children and adults, which include but are not limited to the following: Any illegal activity of a sexual nature; Acts of violence; Acts of lewd or lascivious behavior; Drug possession and/or drug distribution; and, Repeated public intoxication. A background check shall be conducted on new employees prior to employment and on each employee at least once every three years. All background check related costs shall be the sole responsibility of the CONTRACTOR. Prior to the beginning of the contract term and at the beginning of each City fiscal year (beginning October 1 st) the CONTRACTOR shall submit written certification to the CITY that CONTRACTOR has complied with the City's requirement regarding background checks on all employees. The certifying document shall be signed by the authorized officer of the corporation. Should an employee begin service with the CONTRACTOR after the commencement of the Agreement, during a City fiscal year, the CONTRACTOR shall, as soon as reasonably possible, submit a supplemental certifying document regarding a background check on the new employee. Maintenance, ownership, and control of all background check records, and information generated, received, possessed, and stored shall be the sole responsibility of the CONTRACTOR, and shall be retained for a period 3/11/2021 8:54 AM Page 548 of i.9§ City of Hollywood, Florida Bid F -4664 -21 -RL of not less than three years. Failure to perform a state and national criminal background check in accordance with the rules above shall be cause for termination of the agreement. 5.3 STAFFING REQUIREMENTS CONTRACTOR shall provide a sufficient number of supervised staff to complete the maintenance duties at athletic facilities as outlined in the Scope of Services. Staff shall be courteous, and conduct themselves in a respectable manner while performing the duties on City property. Supervisor: the CONTRACTOR shall maintain at least one supervisor and or lead worker on site at all times. The Supervisor shall be fluent in both English and Spanish and shall have excellent communication skills and be capable of directing all work requested by the CITY. The Supervisor shall constantly use his experience and training to prevent, detect and control adverse conditions by physically inspecting the CITY'S properties. Employee/Independent CONTRACTOR or Subcontractor Performance: CONTRACTOR shall employ (or contract with) personnel competent to perform the work specified herein. CITY reserves the right to request the removal of a CONTRACTOR'S employee/independent contractor or subcontractor from performing maintenance on the CITY'S property where such employee's/independent contractor's or subcontractor's performance or actions, are obviously detrimental to CITY. Uniforms: CONTRACTOR shall provide all employees with color coordinated uniforms including a name tag with the name of the employee that shall meet CITY'S public image requirements and be maintained by CONTRACTOR so that all personnel are neat, clean, and professional in appearance at all times. Non- uniform clothing shall not be permitted. 5.4 EQUIPMENT CONTRACTORS shall provide a comprehensive list of all equipment (or heavy machinery) currently owned or leased utilizing Form 2A provided in the solicitation document. Vehicles: CONTRACTOR shall keep all vehicles in good repair, free from leaking fluids, properly registered, of uniform color and shall bear the company name on each side in not less than 1 �/2" letters. Equipment Safety: CONTRACTOR shall keep all equipment in an efficient and safe operating condition while performing work under this Agreement. Equipment shall have proper safety devices maintained at all times while in use. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the CITY may 3/11/2021 8:54 AM Page 549 of �.9,� City of Hollywood, Florida Bid F -4664 -21 -RL direct CONTRACTOR to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the CITY. CONTRACTOR shall be responsible and liable for injury to persons and property caused by the operation of the equipment. Storage: CITY shall provide limited facilities at which CONTRACTOR may store equipment. CONTRACTOR shall be responsible for mobilization and setup, and demobilization and breakdown, each day. Disaster Preparedness and Response: The CONTRACTOR shall assist the CITY in responding to disaster events within the CITY. There are limited office and storage facilities available at the respective athletic facilities, however the CONTRACTOR may stage their equipment at a location(s), with the CITY's prior authorization, up to 48 hours prior to a storm event. 5.5 IRRIGATION PARTS, CHEMICAL AND FERTILIZERS The CONTRACTOR shall base all costs for irrigation, chemicals, fertilizers, and other supplies on the current supplier wholesale price list as provided to the CITY by SiteOne Landscape Supply Catalog: "Wholesale." The CITY reserves the right to request an updated wholesale price list every three (3) months. The CITY also reserves the right to add or delete items from the wholesale price list and to purchase any items directly from any supplier of the City's choice The CONTRACTOR shall submit the markup or discount percentage in Exhibit B, Fee Schedule. The markup or discount shall be calculated on the wholesale price (See 5.3(A)) of supplies or materials only. Markup shall include the cost of taxes and delivery. Labor costs contained within Exhibit B shall provide for excavation and planting costs. The CITY, in its sole discretion, reserves the right to purchase materials for Supplemental Work directly from the CONTRACTOR or another vendor of the CITY's choice. Labor costs contained within Exhibit B, Fee Schedule, shall provide for excavation and planting costs. All sod must be priced "as installed." The CITY, in its sole discretion, reserves the right to purchase materials for supplemental Work directly from the CONTRACTOR or another vendor of the CITY's choice. 3/11/2021 8:54 AM Page 550 of �.9,§ City of Hollywood, Florida EXHIBIT B FEE SCHEDULE The CONTRACTOR offers the following fee for providing all labor, materials, equipment, supplies, tools, materials, and all other necessary incidentals to perform Parks Maintenance Services in accordance with the Scope of Work and terms of the Agreement. BOGGS FIELD Bid F -4664 -21 -RL Item Description of Task Unit Quantity Cost per Total No. Estimate Discount (-) (Enter Annual Estimate Unit Al Boggs East / Police Athletic Monthly 12 or minus) League Field Maintenance A7 Irrigation Parts & + A2 Boggs West Field Monthly 12 Maintenance - A3 Boggs East / Police Athletic Monthly 12 "Wholesale. League Irrigation A8 Chemicals & + Maintenance Fertilizers A4 Boggs West Irrigation Monthly 12 + Maintenance A5 Bermuda Turf Installation Sq. feet 10,000 A10 SUBTOTAL (items A7 thru A9) (includes removal, disposal, site prep and installation A6 SUBTOTAL items Al thru A5 Item Description of Task Annual % Markup (+) or *Total No. Estimate Discount (-) (Enter Annual Estimate % and circle plus multiplied by (11 or minus) N) A7 Irrigation Parts & + Supplies (based on SiteOne Landscape - Supply Catalog: "Wholesale. A8 Chemicals & + Fertilizers A9 Miscellaneous + supplies and materials - A10 SUBTOTAL (items A7 thru A9) *Example: 12% on $5,000, is (1+0.12) x $5,000=$5,600 All I GRAND TOTAL (items A6 and Al 0) 3/11/2021 8:54 AM Page 551 of �.9§ City of Hollywood, Florida The CONTRACTOR offers the following fee for providing all labor, materials, equipment, supplies, tools, materials, and all other necessary incidentals to perform Parks Maintenance Services in accordance with the Scope of Work and terms of the Agreement. DRIFTWOOD Bid F -4664 -21 -RL Item Description of Task Unit Quantity Cost per Total No. Estimate Discount (-) (Enter Annual Estimate Unit B1 Driftwood Field Maintenance Monthly 12 B2 Driftwood Irrigation Monthly 12 + Maintenance Supplies (based on B3 Bermuda Turf Installation Sq. feet 10,000 Supply Catalog: (includes removal, disposal, "Wholesale. site prep and installation B6 Chemicals & B4 SUBTOTAL items B1 thru 133 Fertilizers Item Description of Task Annual % Markup (+) or *Total No. Estimate Discount (-) (Enter Annual Estimate % and circle plus multiplied by (1+/ - or minus B5 Irrigation Parts & + Supplies (based on SiteOne Landscape - Supply Catalog: "Wholesale. B6 Chemicals & + Fertilizers B7 Miscellaneous + supplies and materials - B8 SUBTOTAL items B5 thru 137 *Example: 12% on $5,000, is 0+0.12) x $5,000=$5,600 B9 I GRAND TOTAL (items B4 and 138) 3/11/2021 8:54 AM Page 552 of �.9,§ City of Hollywood, Florida The CONTRACTOR offers the following fee for providing all labor, materials, equipment, supplies, tools, materials, and all other necessary incidentals to perform Parks Maintenance Services in accordance with the Scope of Work and terms of the Agreement. HOLLYWOOD WEST Bid F -4664 -21 -RL Item Description of Task Unit Quantity Cost per Total No. Estimate Discount (-) (Enter Annual Estimate Unit C1 Hollywood West Field Monthly 12 or minus Maintenance C5 Irrigation Parts & + C2 Hollywood West Irrigation Monthly 12 Maintenance - C3 Bermuda Turf Installation Sq. feet 10,000 "Wholesale. (includes removal, disposal, C6 Chemicals & + site prep and installation Fertilizers C4 SUBTOTAL items C1 thru C3 Item Description of Task Annual % Markup (+) or *Total No. Estimate Discount (-) (Enter Annual Estimate % and circle plus multiplied by (11 or minus C5 Irrigation Parts & + Supplies (based on SiteOne Landscape - Supply Catalog: "Wholesale. C6 Chemicals & + Fertilizers C7 Miscellaneous + supplies and materials - C8 SUBTOTAL items C5 thru 137 *Example: 12% on $5,000, is 0+0.12) x $5,000=$5,600 C9 I GRAND TOTAL items C4 and C8 3/11/2021 8:54 AM Page 553 of �.9,� City of Hollywood, Florida The CONTRACTOR offers the following fee for providing all labor, materials, equipment, supplies, tools, materials, and all other necessary incidentals to perform Parks Maintenance Services in accordance with the Scope of Work and terms of the Agreement. ROTARY PARK Bid F -4664 -21 -RL Item Description of Task Unit Quantity Cost per Total No. Estimate Discount (-) (Enter Annual Estimate Unit D1 Rotary Park Field Monthly 12 or minus Maintenance D5 Irrigation Parts & + D2 Rotary Park Irrigation Monthly 12 Maintenance - D3 Bermuda Turf Installation Sq. feet 10,000 "Wholesale. (includes removal, disposal, D6 Chemicals & + site prep and installation Fertilizers D4 SUBTOTAL items D1 thru D3 Item Description of Task Annual % Markup (+) or *Total No. Estimate Discount (-) (Enter Annual Estimate % and circle plus multiplied by (11 or minus D5 Irrigation Parts & + Supplies (based on SiteOne Landscape - Supply Catalog: "Wholesale. D6 Chemicals & + Fertilizers D7 Miscellaneous + supplies and materials - D8 SUBTOTAL items D5 thru D7 *Example: 12% on $5,000, is 0+0.12) x $5,000=$5,600 D9 I GRAND TOTAL items D4 and C8 3/11/2021 8:54 AM Page 554 of �.96� City of Hollywood, Florida The CONTRACTOR offers the following fee for providing all labor, materials, equipment, supplies, tools, materials, and all other necessary incidentals to perform Parks Maintenance Services in accordance with the Scope of Work and terms of the Agreement. WASHINGTON PARK Bid F -4664 -21 -RL Item Description of Task Unit Quantity Cost per Total No. Estimate Discount (-) (Enter Annual Estimate Unit E1 Washington Park Field Monthly 12 or minus Maintenance E5 Irrigation Parts & + E2 Washington Park Irrigation Monthly 12 Maintenance - E3 Bermuda Turf Installation Sq. feet 10,000 "Wholesale. (includes removal, disposal, E6 Chemicals & + site prep and installation Fertilizers E4 SUBTOTAL items E1 thru E3 Item Description of Task Annual % Markup (+) or *Total No. Estimate Discount (-) (Enter Annual Estimate % and circle plus multiplied by (1+/ - or minus E5 Irrigation Parts & + Supplies (based on SiteOne Landscape - Supply Catalog: "Wholesale. E6 Chemicals & + Fertilizers E7 Miscellaneous + supplies and materials - E8 SUBTOTAL items E5 thru E7 *Example: 12% on $5,000, is 0+0.12) x $5,000=$5,600 E9 I GRAND TOTAL items E4 and E8 3/11/2021 8:54 AM Page 555 of �.9,§ City of Hollywood, Florida Bid F -4664 -21 -RL The CONTRACTOR offers the following unit prices for providing all labor, materials to install the items below on an as needed basis as requested by the CITY. UNIT PRICES FOR MATERIALS - SUPPLEMENTAL WORK Item No.($/Unit) Description Unit Cost F1 St. Augustine "Floratam" Sod Sq. foot F2 Tifway 419 Sod Sq. foot F3 Celebration Bermuda Sod Sq. foot F4 Bahia Sod Sq. foot F5 Red Mulch - 2 cu. ft bag each F6 Spanish Gold Mulch — 2 cu. ft bag each F7 Soil — 70/30 mix Cubic yard F8 Soil — 80/20 mix Cubic yard F9 Red Mulch - Blown Cubic yard F10 Spanish Gold Mulch — Blown Cubic yard F11 Annuals Mix Cubic yard F12 Sand — Golf Course Trap Sand Cubic yard F13 Sand - 70/30 mix Cubic yard F14 Crimson Stone for Baseball/Softball Warning Tracks Installed 1/2 inch thick Sq. foot F15 Field Clay for Baseball/Softball Infields and Pitcher's Mounds Ton F16 Bio -Barrier 12" Root Barrier Linear foot 3/11/2021 8:54 AM Page 556 of �.`,& City of Hollywood, Florida UNIT PRICES FOR LABOR and EQUIPMENT - SUPPLEMENTAL WORK Bid F -4664 -21 -RL The CONTRACTOR offers the following unit prices for providing all labor, tools, equipment, and MOT to install the items below on an as needed basis as requested by the CITY. Item Description No.($/Unit) Unit Cost G1 Laborer/Groundskeeper Hourly G2 Irrigation Helper Hourly G3 Irrigation Technician - Certified Hourly G4 Large Equipment Operator Hourly G5 Supervisor/Foreman Hourly G6 Graduate Horticulturist Hourly G7 Bobcat w/operator Hourly G8 Front end loader w/operator Hourly G9 18 -yard dump truck w/driver Hourly G10 75 -ton crane w/operator Hourly G11 Work boat w/operator Hourly G12 Climber/trimmer Hourly G13 Chipper truck w/operator Hourly G14 Bucket truck w/operator Hourly G15 Water Truck w/operator Hourly G16 Spray Technician Hourly G17 Laser Grading of Sports Field Hourly 3/11/2021 8:54 AM Page 557 of �.9,§ City of Hollywood, Florida EXHIBIT C CONTRACTOR'S SUB -CONTRACTORS LIST Bid F -4664 -21 -RL CONTRACTOR shall provide a comprehensive list of all sub -contractors (if any) and the work to be performed. Item Sub -Contractor Company Work to be Performed No. Name H1 H2 H3 H4 H5 3/11/2021 8:54 AM Page 558 of �.9,§ City of Hollywood, Florida Bid F -4664 -21 -RL EXHIBIT D TRANSITION PLAN 3/11/2021 8:54 AM Page 559 of �.96� City of Hollywood, Florida F L R I IC .) A HOLD HARMLESS AND INDEMNITY CLAUSE (Company Name and Authorized Signature, Print Name) Bid F -4664 -21 -RL , the contractor, shall indemnify, defend and hold harmless the City of Hollywood, its elected and appointed officials, employees and agents for any and all suits, actions, legal or administrative proceedings, claims, damage, liabilities, interest, attorney's fees, costs of any kind whether arising prior to the start of activities or following the completion or acceptance and in any manner directly or indirectly caused, occasioned or contributed to in whole or in part by reason of any act, error or omission, fault or negligence whether active or passive by the contractor, or anyone acting under its direction, control, or on its behalf in connection with or incident to its performance of the contract. nature Printed Name Name of Company Title Bid/RFP/RFQ Number: F -4664 -21 -RL Title: Athletic Field Maintenance Procurement Services Division 2600 Hollywood Boulevard, Room 303 Hollywood, Florida 33020 3/11/2021 8:54 AM Page 560 of �169 City of Hollywood, Florida F L R I IC .) A NONCOLLUSION AFFIDAVIT STATE OF: COUNTY OF: (1) He/she is of , being first duly sworn, deposes and says that: , the Bidder that has submitted the attached Bid. (2) He/she has been fully informed regarding the preparation and contents of the attached Bid and of all pertinent circumstances regarding such Bid; (3) Such Bid is genuine and is not a collusion or sham Bid; (4) Neither 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 contractor 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 communication or conference with any other Bidder, firm or person to fix the price or prices, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure an advantage against the City of Hollywood 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. nature Name of Company Bid/RFP/RFQ Number: F -4664 -21 -RL Title: Athletic Field Maintenance Printed Name Title Bid F -4664 -21 -RL 3/11/2021 8:54 AM Page 561 of �169 City of Hollywood, Florida Bid F -4664 -21 -RL F L R I IC .) A SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This form statement is submitted to By for (Print individual's name and title) (Print name of entity submitting sworn statement) whose business address is and if applicable its Federal Employer Identification Number (FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement. 2. 1 understand that "public entity crime," as defined in paragraph 287.133(1)(g), Florida Statues, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in an federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that "Affiliate," as defined in paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime, or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5 1 understand that "person," as defined in Paragraph 287.133(1)(e), Florida Statues, means any natural person or any entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. 3/11/2021 8:54 AM Page 562 of �-w City of Hollywood, Florida Bid F -4664 -21 -RL The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime, but the Final Order entered by the Hearing Officer in a subsequent proceeding before a Hearing Officer of the State of the State of Florida, Division of Administrative Hearings, determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the Final Order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. nature Printed Name Name of Company Title Bid/RFP/RFQ Number: F -4664 -21 -RL Title: Athletic Field Maintenance 3/11/2021 8:54 AM Page 563 of City of Hollywood, Florida Bid F -4664 -21 -RL F L R I IC .) A CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. Applicant Name and Address: Application Number and/or Project Name: Applicant IRSNendor Number: nature Printed Name Name of Company Title Bid/RFP/RFQ Number: F -4664 -21 -RL Title: Athletic Field Maintenance Procurement Services Division 2600 Hollywood Boulevard, Room 303 Hollywood, Florida 33020 3/11/2021 8:54 AM Page 564 of �_V City of Hollywood, Florida Bid F -4664 -21 -RL ll{Qi � �MIIU uo u�i DRUG-FREE WORKPLACE PROGRAM IDENTICAL TIE BIDS - 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 State 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 specified 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 these requirements. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. VENDOR'S SIGNATURE PRINTED NAME NAME OF COMPANY TITLE Bid/RFP/RFQ Number: F -4664 -21 -RL Title: Athletic Field Maintenance Procurement Services Division 2600 Hollywood Boulevard, Room 303 Hollywood, Florida 33020 3/11/2021 8:54 AM Page 565 of �_99 City of Hollywood, Florida REFERENCES F -4664 -21 -RL Athletic Field Maintenance Bid F -4664 -21 -RL It is the responsibility of the contractor/vendor to provide a minimum of three (3) similar type references using this form and to provide this information with your submission. Failure to do so may result in the rejection of your submission. Company Name: Address: City, State, ZIP: Phone Number: Point of Fax Number: Contact: Email: Explain How This Referenced Work Is Similar To This Request: Date service was provided: Company Name: Address: City, State, ZIP: Phone Number: Point of Fax Number: Contact: Email: Explain How This Referenced Work Is Similar To This Request: Date service, was provided Company Name: Address: City, State, ZIP: Phone Number: Point of Fax Number: Contact: Email: Explain How This Referenced Work Is Similar To This Request: 3/11/2021 8:54 AM Page 566 of �.`& City of Hollywood, Florida Date service was provided: Bid F -4664 -21 -RL 3/11/2021 8:54 AM Page 567 of �.` § City of Hollywood, Florida Bid F -4664 -21 -RL W-9 Request for Taxpayer Give to the (Rev. August 2013)requester. Do not Identification Number and Certification send to the IRS. Department of the Treasury Internal Revenue Service Print or Name (as shown on your income tax return) type See Specific Business name/disregarded entity name, if different from above Instructions on page 2. Check appropriate box for federal tax classification: Exemptions (see instructions): �- .1 Individual/sole proprietor I C Corporation S Corporation I ) Partnership 1 -� Trust/estate Exempt payee code (if any) L j Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership)' Exemption from FATCA reporting LJ Other (see instructions) code (if any) Address (number, street, and apt. or suite no.) Requester's name and address (optional) City, state, and ZIP code List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the Social security number "Name" line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Employer identification number Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. 3/11/2021 8:54 AM Page 568 of �-96 City of Hollywood, Florida Bid F -4664 -21 -RL Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other Sign HereI Signature of U.S. person General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at wwwJrs.gov/w9. Information about any future developments affecting Form W-9 (such as legislation enacted after we release it) will be posted on that page. Purpose of A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the Date - withholding tax on foreign partners' share of effectively connected income. and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. Cat. No. 10231X Form W-9 (Rev. 8-2013) 1 ',ii>> , ' r, 1'.., 1 i01`'�j 1', q; In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this 3/11/2021 8:54 AM Page 569 of City of Hollywood, Florida Bid F -4664 -21 -RL • In the case of a disregarded entity with a U.S. owner, the U.S. owner person. For example, you may need to provide updated information if of the disregarded entity and not the entity, you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust, and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an the name or TIN changes for the account, for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINS. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name/disregarded entity name" line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the "Name" line and any business, trade, or "doing business as (DBA) name" on the "Business name/disregarded entity name" line. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulation section 301.7701-2(c)(2)(iii). Enter the owner's name on the "Name" line. The name of the entity entered on the "Name" line should never be a disregarded entity. The name on the "Name" line must be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has 3/11/2021 8:54 AM Page 570 of �_w City of Hollywood, Florida Bid F -4664 -21 -RL exemption from tax on his or her scholarship or fellowship income a single owner that is a U.S. person, the U.S. owner's name is required would attach to Form W-9 a statement that includes the information to be provided on the "Name" line. If the direct owner of the entity is described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on the "Business name/disregarded entity name" line. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if What is backup withholding? Persons making certain payments to the foreign person has a U.S. TIN. you must under certain conditions withhold and pay to the IRS a percentage of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships on page 1. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information. Note. Check the appropriate box for the U.S. federal tax classification of the person whose name is entered on the "Name" line (Individual/sole proprietor, Partnership, C Corporation, S Corporation, Trust/estate). Limited Liability Company (LLC). If the person identified on the "Name" line is an LLC, check the "Limited liability company" box only and enter the appropriate code for the U.S. federal tax classification in the space provided. If you are an LLC that is treated as a partnership for U.S. federal tax purposes, enter "P" for partnership. If you are an LLC that has filed a Form 8832 or a Form 2553 to be taxed as a corporation, enter "C" for C corporation or "S" for S corporation, as appropriate. If you are an LLC that is disregarded as an entity separate from its owner under Regulation section 301.7701-3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be identified on the "Name" line) is another LLC that is not disregarded for U.S. federal tax purposes. If the LLC is disregarded as an entity separate from its owner, enter the appropriate tax classification of the owner identified on the "Name" line. Other entities. Enter your business name as shown on required U.S. federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name/disregarded entity name" line. Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the Exemptions box, any code(s) that may apply to you. See Exempt payee code and Exemption from FATCA reporting code on page 3. 3/11/2021 8:54 AM Page 571 of �-99 City of Hollywood, Florida Exempt payee code. Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding The following codes identify payees that are exempt from backup withholding: 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies or instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4947 G—A real estate investment trust Bid F -4664 -21 -RL H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined in section 584(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on page 2), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get 3/11/2021 8:54 AM Page 572 ofp8� City of Hollywood, Florida Bid F -4664 -21 -RL Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 - The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13 .IF the payment is for ... THEN the payment is exempt for. Interest and dividend All exempt payees except for 7 payments Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange Exempt payees 1 through 4 transactions and patronage dividends Payments over $600 Generally, exempt payees 1 through required to be reported and 52 direct sales over $5,0001 Payments made in Exempt payees 1 through 4 settlement of payment card or third party network transactions 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 800 -TAX -FORM (1-800-829-3676). If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S, entity that has a foreign owner must use the appropriate Form W-8. Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on the "Name" line must sign. Exempt payees, see Exempt payee code earlier. 2 However, the following payments made to a corporation and Signature requirements. Complete the certification as indicated in reportable on Form 1099-MISC are not exempt from backup items 1 through 5 below. withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and 3/11/2021 8:54 AM Page 573 ofp8� City of Hollywood, Florida Bid F -4664 -21 -RL health care services (including payments to corporations), payments D—A corporation the stock of which is regularly traded on one or more to a nonemployee for services, payments made in settlement of established securities markets, as described in Reg. section 1.1472- payment card and third party network transactions, payments to 1(c)(1)(i) certain fishing boat crew members and fishermen, and gross proceeds E—A corporation that is a member of the same expanded affiliated group as a corporation described in Reg. section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state What Name and Number To Give the Requester For this type of account: 1. Individual 2. Two or more individuals (joint account) 3. Custodian account of a minor Give name and SSN of: The individual The actual owner of the account or, if combined funds, the first individual on the account 1 The minor 2 (Uniform Gift to Minors Act) 4. a. The usual revocable savings trust The grantor -trustee 1 (grantor is also trustee) b. So-called The actual owner 1 trust account that is not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner 3 entity owned by an individual 6. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulation section 1.671-4(b)(2)(i)(A)) 1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. 3 You must show your individual name and you may also enter your business or "DBA" name on the "Business name/disregarded entity" name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 1. paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by 3/11/2021 8:54 AM Page 574 ofp8� City of Hollywood, Florida Bid F -4664 -21 -RL calling the TAS toll-free case intake line at 1-877-777-4778 or *Note. Grantor also must provide a Form W-9 to trustee of trust. TTY/TDD 1-800-829-4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at: spam@uce.gov or contact them at www.ftc.gov/idtheft or 1-877- IDTHEFT (1-877-438-4338). Visit IRS.gov to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. 3/11/2021 8:54 AM Page 575 ofp8� City of Hollywood, Florida Bid F -4664 -21 -RL 3/11/2021 8:54 AM Page 576 ofP8j�& City of Hollywood, Florida Bid F -4664 -21 -RL 3/11/2021 8:54 AM Page 577 ofppg City of Hollywood, Florida Bid F -4664 -21 -RL 3/11/2021 8:54 AM Page 578 ofP8q,§ City of Hollywood, Florida Bid F -4664 -21 -RL 3/11/2021 8:54 AM Page 579 ofP8q,)� City of Hollywood, Florida Bid F -4664 -21 -RL 3/11/2021 8:54 AM Page 580 ofP8p,,§ City of Hollywood, Florida Bid F -4664 -21 -RL 3/11/2021 8:54 AM Page 581 ofppg City of Hollywood, Florida Question and Answers for Bid #F -4664 -21 -RL - Athletic Field Maintenance Question 1 What is the City's budget for this project? (Submitted: Feb 15,202110:49:14 AM EST) Answer - $400,000.00 (Answered: Mar 11, 2021 10:50:25 AM EST) Question 2 May I have a copy of the current contract? (Submitted: Feb 15, 202110:49:51 AM EST) Answer - N/A- there is no existing contract. Work is completed by city staff. (Answered: Mar 11,2021110:50:25 AM EST) Question 3 May I have a copy of the bid tabulations from the last time this contract was out for bid? (Submitted: Feb 15, 2021 10:50:25 AM EST) Answer - N/A- there is no existing or previous contract. (Answered: Mar 11,202110:50:25 AM EST) Question 4 May I have a copy of the pricing submitted by each bidder the last time this contract was out for bid? (Submitted: Feb 15, 202110:50:59 AM EST) Answer - N/A- there is no existing or previous contract. (Answered: Mar 11,202110:50:25 AM EST) Question 5 Is there a copy of the meets and bounds of the parks you can provide? (Submitted: Feb 25, 2021 1:18:18 PM EST) Answer - See attached photos. (Answered: Mar 11, 2021 10:50:25 AM EST) Question 6 Does the city have an estimated amount of sports tournaments, and if so do you have it broken down by sport? (Submitted: Feb 25,20211:19:33 PM EST) Answer - DRAFT: Annual tournaments. Five (S) baseball / softball. Five (S) flag football / tackle football. Six (6) soccer tournaments. (Answered: Mar 11, 2021 10:50:25AM EST) Bid F -4664 -21 -RL 3/11/2021 8:54 AM Page 582 ofpp, § City of Hollywood, Florida Question 7 Does the city have any recreation schedule software for fields. If so will the contractor have access to the software for copies of schedules after award. (submitted: Feb 25,20211:23:30 PM EST) Answer - Contractor will receive copies or permits for sports field. (Answered: Mar 11, 2021 10:50:25 AM EST) Question 8 Who & How are Field closures Determined and/or communicated concerning weather or Restoration work? (City or Contractor?) (Submitted: Mar 2,20219:33:22 AM EST) Answer - City (Answered: Mar 11, 202110:50:25 AM EST) Question 9 Will the City provide Site Plans and/or As-Builts of the Park Facilities irrigation? (Submitted: Mar2, 2021 9:33:33AM EST) Answer -Yes, if available. (Answered: Mar 11,2021110:50:25 AM EST) Question 10 Does the City Provide Home Plates, Pitching Rubbers, Bases, and Base Anchors to be Installed? (Submitted: Mar2, 20219:33:43 AM EST) Answer - Yes (Answered: Mar 11, 202110:50:25 AM EST) Question 11 Are the Liquidated Damages levied when maintenance cannot be performed due to weather related and/or field conditions? (Submitted: Mar 2, 2021 9:33:54 AM EST) Answer - Depending on severity of weather conditions. (Answered: Mar 11, 202110:50:25 AM EST) Question 12 Who has control of the lighting and does it coincide with field closures or general park closure? (Submitted: Mar 2, 20219:34:12 AM EST) Answer - City. Yes. (Answered: Mar 11, 2021 10:50:25 AM EST) Question 13 2.6 Field Usage a. Indicates that Boggs West, Driftwood, Hollywood West and Rotary Park are never "not scheduled" for use. Is this accurate? No down-time? Bid F -4664 -21 -RL 3/11/2021 8:54 AM Page 583 ofpp� City of Hollywood, Florida b. Should the following paragraph be corrected as indicated?: i.'The CONTRACTOR shall be responsible for maintaining all CITY owned maintenance facilities in a neat, clean, and functional manner, and shall NOT be responsible for any damages beyond normal wear and tear., and/or vandalism. The CONTRACTOR shall notify CITY of any damaged facilities or infrastructure discovered during their routine maintenance and service activities." (Submitted: Mar 2, 2021 9:35:04AM EST) Answer - ThereaTMs downtime but minimal. City is willing to adjust as needed understanding the balance between usage and maintenance. (Answered: Mar 11, 202110:50:25 AM EST) Question 14 Under ATHLETIC SPORT FIELDS MAINTENANCE AND MANAGEMENT CYCLE Limited Emergency Requests: a. Please clarify: "The CONTRACTOR shall have the capacity to handle emergencyfield preparation and lining, limited to one field per request per day. In these cases, the CITY shall provide advance notice of at least 2 hours" Is the Contractor obligated to emergency -prepare "one field" in the City ... or "one field" per Park? (Submitted: Mar 2, 20219:35:17 AM EST) Answer - Contractor should be prepared to complete emergency field preparation and lining at one location per day ie, Washington Park. (Answered: Mar 11, 202110:50:25 AM EST) Question 15 There is a pricing schedule for additional services. Would that be utilized for emergencies such as acts of Mother Nature? (Submitted: Mar 2,20219:35:48 AM EST) Answer - Upon City approval, supplemental work pricing would be utilized for work outside the normal description of service. (Answered: Mar 11, 2021 10:50:26 AM EST) Question 16 S.3 STAFFING REQUIREMENTS CONTRACTOR shall provide a sufficient number of supervised staff to complete the maintenance duties at athletic facilities as outlined in the Scope of Services. Staff shall be courteous, and conduct themselves in a respectable manner while performing the duties on City property. Supervisor: the CONTRACTOR shall maintain at least one supervisor and or lead worker "on site at all times". The Supervisor shall be fluent in both English and Spanish and shall have excellent communication skills and be capable of directing all work requested by the CITY. The Supervisor shall constantly use his experience and training to prevent, detect and control adverse conditions by physically inspecting the CITY'S properties. a. Please clarify whether "on site at all times" means available in the City or actually present at each of the sites. (Submitted: Mar 2,20219:36:24 AM EST) Answer - The CityaTMS staff is composed of 11 staff and 1 supervisor. (Answered: Mar 11, 202110:50:26 AM EST) Question 17 The contract calls for our discretion when it comes to ball field maintenance and agronomics. If the city requests additional services is that a billable event? (Submitted: Mar 2,20219:36:37 AM EST) Bid F -4664 -21 -RL 3/11/2021 8:54 AM Page 584 ofpp� City of Hollywood, Florida Bid F -4664 -21 -RL Answer -Upon City approval, supplemental work pricing would be utilized for work outside the normal description of service. (Answered: Mar 11, 2021 10:50:25 AM EST) Question 18 If games run over closing time can the contractor bill for overtime (Submitted: Mar 2, 2021 9:36:47AM EST) Answer - N/A. Contractor role is for field preparation and maintenance only, not game monitoring. (Answered: Mar 11, 2021 10:50:25 AM EST) Question 19 Will the city remove all current city equipment from their yards that they are providing to the contractor? (Submitted: Mar 2,20219:37:00 AM EST) Answer - City reserves the right to store a limited amount of equipment in yard(s). (Answered: Mar 11, 2021 10:50:25AM EST) Question 20 Where should certifications, minimum qualifications, and transition plan be uploaded for the City to review? (Submitted: Mar 2,20219:38:44 AM EST) Answer -Upload into BiclSync. (Answered: Mar 11,2021110:50:26 AM EST) Question 21 If extra staff is needed for tournaments? At who's expense will the extra labor be? Or will Exhibit B schedule fee be applied for extra labor? (Submitted: Mar 2, 20214:18:18 PM EST) Answer - Contractor role is for tournament field preparation and maintenance only. (Answered: Mar 11, 2021 10:50:26AM EST) Question 22 Is CONTRACTOR to provide staff at park during operating hrs. as well? (submitted: Mar 2,20214:18:48 PM EST) Answer - Contractor role is for field preparation and maintenance only, not game monitoring. (Answered: Mar 11, 2021 10:50:26 AM EST) Question 23 Exhibit B fee schedule does not provide an annual estimate for item no. A7 thru A9 so we can provide *Total Annual Estimate multiplied by (1+/-(%)). Can city provide an Annual Estimate per location? (Submitted: Mar 2, 2021 4:19:04 PM EST) Answer 3/11/2021 8:54 AM Page 585 ofpp, § City of Hollywood, Florida -Irrigation parts and supplies estimate is not available. Annual City budget for fertilizer and botanical supplies: $20,000 (Answered: Mar 11, 202110:50:26 AM EST) Question 24 Pg. 26. Award of Bid A. What will the evaluation committee take into consideration other than price? (Submitted: Mar 2, 20214:38:31 PM EST) Answer - We are only evaluating price as this is a bid. (Answered: Mar 11, 202110:50:26 AM EST) Question 25 Pg. 52 paragraph 4 States the Contractor will have sufficient staff for tournaments, will these extra hours be billable to the city? If not how many tournaments does the City host, what size and at which parks? (Submitted: Mar 2,20214:38:44 PM EST) Answer - Contractor role is for field preparation and maintenance only, not game monitoring. DRAFT: Annual tournaments. Five (4) baseball / softball tournaments at Rotary Park. One (1) baseball / softball at Driftwood. Three (3) flag football / tackle football at Boggs East. Two (2) flag football / tackle football at Washington. Four (4) soccer tournaments at Boggs West. Two (2) soccer tournaments at Hollywood West. (Answered: Mar 11, 202110:50:26 AM EST) Question 26 Pg 62. Paragraph 4 Who is responsible for the cost of the materials and labor "to control or eradicate diseases and infestations by insects...'? (Submitted: Mar 2, 20214:38:52 PM EST) Answer - Material N' City, Labor a" Contractor (Answered: Mar 11, 2021 10:50:26AM EST) Question 27 Pg 62, Paragraph 7 Who is responsible for the cost of the materials and labor for irrigation repairs NOT caused by contractor? (Submitted: Mar 2,20214:39:01 PM EST) Answer - City (Answered: Mar 11, 2021 10:50:26 AM EST) Question 28 Pg 63. Paragraph 1 and 5 Who is responsible for the cost of the materials and labor for irrigation repairs NOT caused by contractor in initial system inspection? (Submitted: Mar 2,20214:39:14 PM EST) Answer - City (Answered: Mar 11, 202110:50:26 AM EST) Question 29 Pg 64, Paragraph 3 Bid F -4664 -21 -RL 3/11/2021 8:54 AM Page 586 ofpp, & City of Hollywood, Florida Who is responsible for the cost of the materials and labor for Y4" of calcide conditioner, clay, marble dust, paint, home plates, pitchers rubbers, bases and anchors? (Submitted: Mar2, 2021 4:39:24 PM EST) Answer - City (Answered: Mar 11, 2021 10:50:26 AM EST) Question 30 Pg 64. Paragraph 6 Who is responsible for the cost of the materials and labor for Bermuda turf repairs? (Submitted: Mar 2, 2021 4:39:36 PM EST) Answer - Contractor (Answered: Mar 11, 202110:50:25 AM EST) Question 31 Pg 65. Paragraph Bermuda Turf Field Renovations Is the contractors turf renovation price per square foot all inclusive meaning it should include removal, disposal, 80/20, grading, sod, rolling and labor? (Submitted: Mar 2,20214:39:47 PM EST) Answer - Yes (Answered: Mar 11, 202110:50:25 AM EST) Question 32 Pg. 66. Fertilization Who is responsible for the cost of the materials and labor for fertilization of Bermuda, St Augustine, shrubs and palms? (Submitted: Mar 2,20214:39:56 PM EST) Answer - Material A" City, Labor &' Contractor (Answered: Mar 11, 202110:50:25 AM EST) Question 33 Pg. 68. Aeration, Verticutting, Topdressing, and overseeding States the "topdressing and overseeding material shall be reimbursed to the contractor' is it the citys intent to not allow contractor to mark up these materials per Exhibit B Fee Schedule markup %? (Submitted: Mar 2,20214:40:04 PM EST) Answer - City may purchase materials and provide to Contractor. (Answered: Mar 11, 2021 10:50:25 AM EST) Question 34 Pg.77 Section 5.3 Staffing Requirements Is it the citys intent to have all parks staffed during hours of operation? Supervisor: what is meant by onsite? Is it per park? Or other definition, please clarify? In order to have accurate comparable bids would the city consider stating how many minimum staff per park would be acceptable and what time frames? (Submitted: Mar 2,20214:40:23 PM EST) Bid F -4664 -21 -RL 3/11/2021 8:54 AM Page 587 ofpp, § City of Hollywood, Florida Answer -Contractor role is for field preparation and maintenance only, not game monitoring. Onsite Supervisor would monitor all sites. The CityaTMS staff is composed of 11 staff and 1 supervisor. (Answered: Mar 1111,20211110:50:25 AM EST) Question 35 Section 5.5 irrigation Parts, Chemical and Fertilizers Should a vendors fertilization program not be in alignment with Siteone line of products, what would be the protocol to work with a different supplier? (Submitted: Mar 2,20214:40:38 PM EST) Answer - Contractor should follow manufacturer application instructions. (Answered: Mar 11, 2021 10:50:25AM EST) Question 36 The city states it reserves the right to award all or parts of the contact to one or multiple vendors, what parks would be grouped together, as this will greatly affect how they are bid. (Submitted: Mar 2,20214:40:49 PM EST) Answer - Draft: A. Boggs Field East and Boggs Field West; B. Driftwood and Hollywood West; C. Rotary Park and Washington Park. (Answered: Mar 11, 202110:50:25 AM EST) Question 37 Exhibit B Fee Schedule Would the city consider removing Bermuda Turf Installation (includes removal, disposal, site prep and installation) from the annual cost section and leave it only on the "Unit Prices for Materials - Supplemental Work" (Submitted: Mar 2,20214:40:59 PM EST) Answer - Yes (Answered: Mar 11, 202110:50:26 AM EST) Bid F -4664 -21 -RL 3/11/2021 8:54 AM Page 588 ofpp, § AC"R" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 4(MM/DD 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Brown & Brown of FL, Inc. - Fort Myers 6611 Orion Drive #201 Fort Myers FL 33912 CONTACT NAME: Lorle Frost PHONE FAX vC No Ext): 239-278-0278 A/c, No): 239-278-5306 ADDRESS: Ifrost@bbswfla.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Great American Insurance Company 16691 7/1/2020 INSURED JUNIP-1 Juniper Landscaping of Florida, LLC 5880 Staley Rd INSURER B: Pennsylvania Manufacturers' Association Insurance 12262 INSURER C: The Ohio Casualty Insurance Company 24074 INSURER D: United Specialty Insurance Company Fort Myers FL 33905 INSURER E: Capitol Specialty Insurance Corp INSURER F: Gemini Insurance Company $ 50,000 COVERAGES CERTIFICATE NUMBER: 1268594467 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL I SUBR POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS D X COMMERCIAL GENERAL LIABILITY LIG0058801 7/1/2020 7/1/2021 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR DAMAGETO RENTED PREMISES Ea occurrence $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 GEN'L PRO - POLICY � ECT 1:1 LOC PRODUCTS - COMP/OPAGG $2,000,000 $ OTHER: B AUTOMOBILE LIABILITY 1520751093921 7/1/2020 7/1/2021 COMBINED SINGLE LIMIT Ea accident $2000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIREDNON-OWNED AUTOS ONLY AUTOS ONLY Personal Injury Prot $ 10,000 X Personal Inj A X UMBRELLALIAB X OCCUR TUE316176401 7/1/2020 7/1/2021 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE 2020751093921 7/1/2020 7/1/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? NIP` E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 C Leased & Rented Equipment 57434622BMO 7/1/2020 7/1/2021 Leased/Rented Eqpmt $200,000 E F Professional Liability Pollution Liab. EV2018460702 VPPLO13521 1/1/2021 1/1/2021 1/1/2022 1/1/2022 Pollution Professional 1,000000/3,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Covered Insured locations: 212 Price Street, Naples, FL, 34113, 7000 S. Tamiami Trail, Venice, FL, 34293, 2504 64th St. Ct. E., Bradenton, FL, 34208, 12450 Tower Road, Bonita Springs, FL, 34135, 3300 Burris Road, Davie, FL, 33314, 795 12th Ave. SW, Vero Beach, FL, 32962, 6900 Tavistock Lakes Blvd. Suite 409, Orlando, FL, 32727, 3240 Burris Rd., Davie, FL, 33314, 4000 Avalon Road Winter Garden, FL 34787 Certificate holder is additional insured in regards to the general liability. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 589 of 895 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Hollywood 2600 Hollywood Blvd. Hollywood FL 33022 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 589 of 895 From: Horace McLarty To: Robert Lowery Cc: Daniel Mainero; Malie Raghunath Subject: FW: Insurance Requirements - Athletic Field Maintenance Date: Tuesday, April 20, 2021 1:57:16 PM Attachments: City -of -Hollywood Juniper-Landsca 20 -21 -GL. -Auto. 4-8-2021 1268594467.1df Packet for Bid F-4664-21-RL.PDF "The addresses are the locations of all of our branches where are employees are housed out of and equipment/vehicles that are covered. I can see if I can take out if needed." Horace McLarty Accountant, Human Resources/Risk Management iv Office: 9 921-3678 From: Robert Lowery Sent: Monday, April 19, 20213:19 PM To: Horace McLarty <HMCLARTY@hollywoodfl.org> Cc: Daniel Mainero <DMAINERO@hollywoodfl.org>, Malie Raghunath <MRAGHUNATH@hollywoodfl.org> Subject: RE: Insurance Requirements - Athletic Field Maintenance Please review the provided insurance and if advise if acceptable (insurance requirements can be found on page 58 of attachment 2). From: Horace McLarty Sent: Tuesday, January 26, 2021 11:35 AM To: Robert Lowery <R.Il O\A/E.RY.( ?. tr.l.l.ywoodfl.org> Cc: Daniel Mainero <,DM.AI.ISE.RCJ...�@.hc2.Ily...vyorad:Fl..:a.rg>; Malie Raghunath <.I.MRAG.H.U.N..ATH.. hollywoodfl.org> Page 590 of 895 Subject: FW: Insurance Requirements - Athletic Field Maintenance I would add Pollution liability as a requirement since scope of services includes pesticides, disease and pest control, herbicides, etc Ho/ace McLQ�� Accountant, Human Resources/Risk Management Office: (954) 921-3292 Fax: (954) 921-3678 From: Robert Lowery Sent: Tuesday, January 26,20Z111:17AM To: Horace McLarty Cc:��a|ieRaghunath ��Danie|��ainero Subject: Insurance Requirements Athletic Field Maintenance Good Morning, Can you provide the insurance requirements for the above mentioned solicitation (if any)? The estimated annual amount isS4OO,DUU.O0. The CITY Of Hollywoodis seeking proposals from qualified Contractor's tDestablish 8 contract to D[OVid8 athletic field 0O3iOh3n8OQe services at designated parks with the CITY limits in conformity with the requirements as specified herein. Additional information can befound onthe attachment(s). City of Hollywood Purchasing Agent Financial Services Department 2600 Hollywood Blvd, Suite 303 Page 591 of 895 P.O. Box 229045 Hollywood, FL 33022-9045 * i\!:954-921 ??2 E-mail: doweryphollywoodfl,oM Y C)F V'o F' L.,(") R I D,A i<« » w<»»4MAW subject to disclosure as a matter of public record. Page 592 of 895 PROCUREMENT SERVICES DIVISION Solicitation Request Form (Over $25,000) -. (Use for informal bids and formal Bids, RFPs, RLls, RFQs) C'.) r Date 10/28/20 Department/Office PRCA/Parks & Athletics division/Area 3169 Contract Administrator Karl Chuck Title .arks Manager Phone 954-921-3404 Email kchuck hollywoodfil.org 1. Product/Service being requested (be specific.) Athletic Field Maintenance: grovide all labor, supervision, equipment, supplies, tools, materials, and all other necessary incidentals required to perform the complete maintenance and managemental aspects of athletic facilities maintenance and operation 2. Detailed description of the products/services function and purpose. The CONTRACTOR shall be responsible for the maintenance and turf management of all sports field turf which includes but not limited to installation and renovation. CONTRACTOR shall maintain and manage all clay sports field surfaces and other ancillary areas of the sports fields. The CONTRACTOR shall prepare and line all sports fields for use, including practices, games and during tournaments CONTRACTOR shall be responsible for the, maintenance, turf management and grooming of artificial synthetic turf at Hollywood West In accordance with the manufacturer's recommendations. CONTRACTOR shall maintain all landscaping within the CITY athletic facilities. Work shall include but is not limited to St Augustine sod mowing and edging: shrub & hedg_es, maintenance: pruning of small trees and palms under 10 feet in helght; fertilization• disease and pest management, application of herbicides: sod replacement and debris cleanup CONTRACTOR shall Inspect, maintain, and repair the landscape irrigatlon system. CONTRACTOR shall assist the City with removal and emptying litter and recycling receptacles and provide the required litter and debris collection frequency to maintain the facilities parks free from litter. Are there alternative products/services capable of performing the required function? Yes 3. Has this product/service previously been formally solicited by the City of Hollywood? ® Yes ❑ No ❑ Unsure Procurement Service Dlv1s1m use only Requisition # R Purchase Order # P Blanket Purchase Oder # BPO (As Applicable) (As Applicable) (As Applicable) (Revised 9/2015) Page 593 of If yes, please provide previous solicitation number. 13002891. 4. Has this product/service previously been formally soliolted.by another government agency? Z Yes E] No E] Unsure If yes, please provide details and copy if avallable.See attached from Cltv of Weston 5. Total estimated cost of the requested product/service? $400,000 Has this cost been approved In your budget? 9 Yes El No If yes, provide Account Number (s.) 001,300701.67200531170.00 MIMI 6. Formal Solicitations must be advertised for a minimum of 10 (ten) days and typically not more than 30 (thirty) days. How long Is the Department/Office requesting to advertise this solicitation? 28 Days 7. Is a pre-bid meeting required? Z Yes El No If yes, are you requesting it to be mandatory? [] Yes E No 8. Project location? A. Boggs Field East/Police Athletic League, 2311 North 23rd Ave, Hollywood, FL 33020. B. Bogas Field West, 2310 North 23rd Ave, Hollywood FL 33020. C. Driftwood Baseball Fields. North 69 Way, Hollywood FL 33024, P. Hollywood West. 6770 Garfield Street, Hollywood FL 33024. E. Rotary Park. 3160 Taft St, Hollywood, FL 33021. F. Washington Park. 6199 Pembroke Road, Holl yw _-god FL 33021 9. Completion Time: Final completion of this project shall be in calendar days once a Notice To Proceed (NTP) is given to the awarded vendor. 10. Are you requesting this formal solicitation require liquidated damages (liquidated damages are not penalties, they should represent the amount of monies the City will incur/lose if the project is not completed in require time?) 11. Please list any special licenses or certification require to bid. State of Florida pesticide application license, State of Florida herbicide apiAlcation. certification, Florida Green Industries certification ,_Know the -Flow certification 12. Are there an v outside entities assisting with this solicitation (Le. Architect, Consultant, etc?) El Y, � No If yes, please provide the Information: Entity _ Contact Person Phone- Email 13. Are there attachments associated with this request? Z Yes E] No Procurement Service Division use only Requisition # R Purchase Order # P Blanket Purchase Oder A SPO (As Applicable) (As Applicable) (As Applicable) (Revised 912016) Page 594 of 14. Would this purchase(s) result In the potential of future purchases for related products/services being restricted to a particular vendor or create a specific vendor as sole source provider for related items? ■ QM If yes, please describe the related products/services and estimated cost(s.) 15. Would this purchase(s) result in any future maintenance costs which are not Included in the initial purchase? If yes, please attach a draft maintenance plan which includes cost estimates and funding source($.) This soliticitation is a continuing maintenance -plan for athetlo facilities 16. Is this a grant related purchase? D Yes 0 No If yes, please provide details (timeline, expiration dates, milestones, special procurement requirements, etc.) Will this require matching funds? ❑ Yes 9 No What is the grant source? What Is the grant (dollar) amount? 17. Does this solicitation for product/service work In conjunction with any other Department(Office or will It impact any other Department/Office? ❑Yes 0 No If yes, please provide details on Department/Office and how. Signature(s) below of other Department/Office Director(s) indicates they have reviewed and agree to this Request Form. Signature Signature Department/Office Department/Office 18. Please provide the names of suggested evaluations committee member: (NOTE: Committee members shall not be direct reports,) Requisition # R BPO (As Applicable) (Revised 9/2015) Procurement Service QLi LIsLon use only_ Purchase Order# P (As Applicable) Blanket Purchase Oder A (As Applicable) Page 595 of 895 1Q.Please provide any specific vendor(m) bobeincluded inthe notification ofthese solicitations. Brightview. 844-202-0463; Haverland AG 561-369-7994; Juniper 954-385-0040; LTG Sports Turf One 561 - 225-1113 Tmb*completed byProcurement Services Division upon award recommendation Advanced search of the vendor recommended for award on the Federal Government's Systems for Award Management at www,sa0I�Kv. Date ofAdvanced Search Company Name(s) Searched SignatureContracOAdministrator Signature Di Search Results Date Date APPROVAL (Procurement Service Division Use Only) Verified By: Date Approved Date Roquisitimn# BPO (As Applicable) (Revised 9/2015) Procurement Service Division use oni Purchase Order #P (As Applicable) Blanket Purchase Oda/# (As Applicable) Page 596 of 895 NOTICE OF INTENT TO AWARD Solicitation No.: F -4664 -21 -RL Item: Athletic Field Maintenance Award being recommended to: Juniper Landscaping of Florida LLC Dated and posted: April 13, 2021 Steve Stewart= Assistant Director, Financial Services for Procurement Opened: March 23, 2021 Protest: Any actual or prospective bidder who is aggrieved in connection with this pending award of the contract or any element of the process leading to the award may protest to the director of procurement services. The protest must be filed within five (5) business days of this posting or any right to protest is forfeited. The protest must be in writing, must identify the name and address of the protester, and must include a factual summary of, and the basis for, the protest. Filing shall be considered complete when the protest is received by the Division of Procurement Services. Protest deposit: A deposit is required from the protester to compensate the City for the expenses of administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the protester. If the protest is determined to be without merit, the deposit shall be forfeited to the city. The deposit shall be in the form of cash or cashier's check and shall be in the amount of $250.00 or 1% of the amount of the pending award, whichever is greater, up to the maximum of $1,000.00. Office of Procurement Services 2600 Hollywood Boulevard, Room 303 Hollywood, Florida 33020 Page 597 of 895 Blanket Purchase Order PA600356 Supplier Details: Company Juniper Landscaping of Florida, LLC Contact Carmen Saavedra Address 5880 Staley Road Fort Myers, FL 33905 Submit your response to: Company City of Hollywood, FL - PRCA Administration Contact Chuck, Karl Address 1405 S 28 Ave Hollywood FL 33020 Phone 1-954-921-3404 Fax E-mail kchuck@hollywoodfl.org Dear Vendor: This is to inform you that the City of Hollywood, Florida is entering a Blanket Order with your Company based on the following: Formal Bid F -4664 -21 -RL Page 598 of 895 Blanket Purchase Order PA600356 PA600356 24 -MAY -2021 0 400,000.00 USD VENDORS MUST INCLUDE THE CITY'S PURCHASE ORDER NUMBER ON ALL INVOICES. PLEASE SUBMIT ALL INVOICES TO ACCOUNTSPAYABLECcDHOLLYWOODFL.ORG. OR City of Hollywood Supplier Juniper Landscaping of Florida, LLC Mail To Accounts Payable, Room 119 5880 Staley Road P.O. Box 229045 Fort Myers, FL 33905 Hollywood, FL 33022-9045 Notes Initial Term Approved via R-2021-111 101997 05/20/2021 Initial Award Term 05/20/2021 First Renewal Period 05/20/2024 Second Renewal Period 05/20/2025 Third Renewal Period Fourth Renewal Period Net 30 None 05/19/2024 05/19/2024 05/19/2025 05/19/2026 Destination Type File Name or URL Title File PA600356 Juniper Landscaping PA600356 Juniper Landscaping B Back-up.pdf File bid _F -4664 -21 -RL - bid_F-4664-21-RL_-_Athletic_Fi Field_ Maintenance_Line_It _Athletic—Field — em_Tab_Report.pdf Description Approved via R-2021-111 Lida (tern 0,00 Price Dxptratiort Data 1 BOGGS FIELD: Boggs East/ Month 3,357.32 Police Athletic League Field Maintenance Type File Name or URL Title Description 2 BOGGS FIELD: Boggs West Month 4,904.15 Field Maintenance Type File Name or URL Title Description 2 Page 599 of 895 Blanket Purchase Order PA600356 Line Item UW Price 8xpiratiors [sate 3 BOGGS FIELD: Boggs East / Month 195.80 Police Athletic League Irrigation Maintenance Type File Name or URL Title Description 4 BOGGS FIELD: Boggs West Month 286.01 Irrigation Maintenance Type File Name or URL Title Description 5 BOGGS FIELD: Bermuda Turf Square Foot 1.35 Installation (includes removal, disposal, site prep and installatio Type File Name or URL Title Description 6 BOGGS FIELD: Irrigation Parts & 0.00 Supplies (based on SiteOne Landscape Supply Catalog: Wholesal Type File Name or URL Title Description 7 BOGGS FIELD: Chemicals & 0.00 Fertilizerson SiteOne Landscape Supply Catalog: Wholesal Type File Name or URL Title Description 8 BOGGS FIELD: Miscellaneous 0.00 supplies and materials Type File Name or URL Title Description Page 600 of 895 Blanket Purchase Order PA600356 Line Item UW Price 8xpiratiors [sate 9 DRIFTWOOD: Driftwood Field Month 5,686.55 Maintenance Type File Name or URL Title Description 10 DRIFTWOOD: Driftwood Month 331.64 Irrigation Maintenance Type File Name or URL Title Description 11 DRIFTWOOD: Bermuda Turf Square Foot 1.35 Installation (includes removal, disposal, site prep and installatio Type File Name or URL Title Description 12 DRIFTWOOD: Irrigation Parts & 0.00 Supplies (based on SiteOne Landscape Supply Catalog: Wholesa Type File Name or URL Title Description 13 DRIFTWOOD: Chemicals & 0.00 Fertilizers Type File Name or URL Title Description 14 DRIFTWOOD: Miscellaneous 0.00 supplies and materials II ��NNNNhhnnnnnnn��llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllf Type File Name or URL Title Description 15 HOLLYWOOD WEST: Hollywood Month 4,904.15 West Field Maintenance Page 601 of 895 Blanket Purchase Order PA600356 Line Item UW Price E✓xpiratiors [sate Type File Name or URL Title Description 16 HOLLYWOOD WEST: Hollywood Month 286.01 West Irrigation Maintenance Type File Name or URL Title Description 17 HOLLYWOOD WEST: Bermuda Square Foot 1.35 Turf Installation (includes removal, disposal, site prep and installatio Type File Name or URL Title Description 18 HOLLYWOOD WEST: Irrigation 0.00 Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesa Type File Name or URL Title Description 19 HOLLYWOOD WEST: Chemicals 0.00 & Fertilizers Type File Name or URL Title Description 20 HOLLYWOOD WEST: 0.00 Miscellaneous supplies and materials Type File Name or URL Title Description 21 ROTARY PARK: Rotary Park Month 4,285.07 Field Maintenance Page 602 of 895 Blanket Purchase Order PA600356 Line Item UW F rioe 8xpiratioh [sate Type File Name or URL Title Description 22 ROTARY PARK: Rotary Park Month 249.90 Irrigation Maintenance Type File Name or URL Title Description 23 ROTARY PARK: Bermuda Turf Square Foot 1.35 Installation (includes removal, disposal, site prep and installatio Type File Name or URL Title Description 24 ROTARY PARK: Irrigation Parts 0.00 & Supplies (based on SiteOne Landscape Supply Catalog: Wholesa i Type File Name or URL Title Description 25 ROTARY PARK: Chemicals & 0.00 Fertilizers Type File Name or URL Title Description 26 ROTARY PARK: Miscellaneous 0.00 supplies and materials i Type File Name or URL Title Description 27 WASHINGTON PARK: Month 4,121.95 Washington Park Field Maintenance Type File Name or URL Title Description Page 603 of 895 Blanket Purchase Order PA600356 Line Item UW F rice 8xpiratiors [sate 28 WASHINGTON PARK: Month 240.39 Washington Park Irrigation Maintenance Type File Name or URL Title Description 29 WASHINGTON PARK: Bermuda Square Foot 1.35 Turf Installation (includes removal, disposal, site prep and installatio Type File Name or URL Title Description 30 WASHINGTON PARK: Irrigation 0.00 Parts & Supplies (based on SiteOne Landscape Supply Catalog: Wholesa Type File Name or URL Title Description 31 WASHINGTON PARK: 0.00 Chemicals & Fertilizers Type File Name or URL Title Description 32 WASHINGTON PARK: 0.00 Miscellaneous supplies and materials Type File Name or URL Title Description 33 SUPPLEMENTAL WORK: St. Square Foot 0.95 Augustine "Floratam" Sod Type File Name or URL Title Description Page 604 of 895 Blanket Purchase Order PA600356 Line Item UW [rice E✓xpiratioh [sate 34 SUPPLEMENTAL WORK: Tifway Square Foot 1.60 419 Sod Type File Name or URL Title Description 35 SUPPLEMENTAL WORK: Square Foot 1.60 Celebration Bermuda Sod Type File Name or URL Title Description 36 SUPPLEMENTAL WORK: Bahia Square Foot 0.95 Sod Type File Name or URL Title Description 37 SUPPLEMENTAL WORK: Red Each 4.25 Mulch - 2 cu. ft bag Type File Name or URL Title Description 38 SUPPLEMENTAL WORK: Each 4.25 Spanish Gold Mulch - 2 cu. ft bag Type File Name or URL Title Description 39 SUPPLEMENTAL WORK: Soil - Cubic Yard 78.00 70/30 mix Type File Name or URL Title Description 40 SUPPLEMENTAL WORK: Soil Cubic Yard 79.20 80/20 mix Page 605 of 895 Blanket Purchase Order PA600356 Line Item UW [rice E✓xpiratiors [sate Type File Name or URL............................Title Description 41 SUPPLEMENTAL WORK: Red Cubic Yard 40.00 Mulch - Blown Type File Name or URL Title Description 42 SUPPLEMENTAL WORK: Cubic Yard 41.00 Spanish Gold Mulch - Blown Type File Name or URL Title Description 43 SUPPLEMENTAL WORK: Cubic Yard 117.50 Annuals Mix Type File Name or URL Title Description 44 SUPPLEMENTAL WORK: Sand - Cubic Yard 137.84 Golf Course Trap Sand Type File Name or URL Title Description 45 SUPPLEMENTAL WORK: Sand - Cubic Yard 78.00 70/30 mix Type File Name or URL Title Description 46 SUPPLEMENTAL WORK: Square Foot 235.00 Crimson Stone for Baseball/Softball Warning Tracks (Installed 1/2 inch thick) Type File Name or URL Title Description 47 SUPPLEMENTAL WORK: Field Ton 113.58 Clay for Baseball/Softball Infields Page 606 of 895 Blanket Purchase Order PA600356 Line Item UONf Price 8xpiratiort [sate and Pitcher's Mounds Type File Name or URL Title Description 48 SUPPLEMENTAL WORK: Bio- Linear Foot 19.85 Barrier 12" Root Barrier Type File Name or URL Title Description 49 LABOR and EQUIPMENT - Hour 35.00 SUPPLEMENTAL WORK: Laborer/Groundskeeper Type File Name or URL Title Description 50 LABOR and EQUIPMENT - Hour 55.00 SUPPLEMENTAL WORK: Irrigation Technician - Certified - Type File Name or URL Title Description 51 LABOR and EQUIPMENT - Hour 85.00 SUPPLEMENTAL WORK: Large Equipment Operator Type File Name or URL Title Description 52 LABOR and EQUIPMENT - Hour 55.00 SUPPLEMENTAL WORK: Supervisor/Foreman II ��NNNNhhnnnnnnn��llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllf Type File Name or URL Title Description 53 LABOR and EQUIPMENT - Hour 65.00 SUPPLEMENTAL WORK: Graduate Horticulturist 10 Page 607 of 895 Blanket Purchase Order PA600356 Line Item UW Price E✓xpiratiors [sate Type File Name or URL Title Description 54 LABOR and EQUIPMENT - Hour 85.00 SUPPLEMENTAL WORK: Bobcat w/operator Type File Name or URL Title Description 55 LABOR and EQUIPMENT - Hour 95.00 SUPPLEMENTAL WORK: Front end loader w/operator Type File Name or URL Title Description 56 LABOR and EQUIPMENT - Hour 120.00 SUPPLEMENTAL WORK: 18 - yard dump truck w/driver Type File Name or URL Title Description 57 LABOR and EQUIPMENT - Hour 350.00 SUPPLEMENTAL WORK: 75 -ton crane w/operator Type File Name or URL Title Description 58 LABOR and EQUIPMENT - Hour 350.00 SUPPLEMENTAL WORK: Work boat w/operator Type File Name or URL Title Description 59 LABOR and EQUIPMENT - Hour 65.00 SUPPLEMENTAL WORK: Climber/trimmer 11 Page 608 of 895 Blanket Purchase Order PA600356 Line Item UW Price E✓xpiratiort [sate Type File Name or URL Title Description 60 LABOR and EQUIPMENT - Hour 130.00 SUPPLEMENTAL WORK: Chipper truck w/operator Type File Name or URL Title Description 61 LABOR and EQUIPMENT - Hour 130.00 SUPPLEMENTAL WORK: Bucket truck w/operator Type File Name or URL Title Description 62 LABOR and EQUIPMENT - Hour 45.00 SUPPLEMENTAL WORK: Water Truck w/operator Type File Name or URL Title Description 63 LABOR and EQUIPMENT - Hour 75.00 SUPPLEMENTAL WORK: Spray Technician Type File Name or URL Title Description 64 LABOR and EQUIPMENT - Hour 180.00 SUPPLEMENTAL WORK: Laser Grading of Sports Field Type File Name or URL Title Description 12 Page 609 of 895 Blanket Purchase Order PA600356 TERMS AND CONDITIONS The following Terms and Conditions are applicable to this order entered into by and between the City of Hollywood (referred to as Buyer) and Vendor (referred to as Seller). MODIFICATIONS This purchase order form and any other document pertaining to this transaction which has been acknowledged in writing by the Director is a complete and exclusive statement of this order. Accordingly no modification or amendment shall be binding upon the Buyer unless signed by the Director. The City Attorney has approved these standard terms and conditions as to form and legality. Accordingly no modification of these terms and conditions shall be binding upon buyer unless they are endorsed and approved by the City Attorney. In the event of a conflict between these terms and conditions and any other document pertaining to the transaction covered by this order, these terms and conditions shall prevail. ASSIGNMENT Any assignment of this order or the performance of work hereunder, in whole or in part, is prohibited. EXCUSABLE DELAYS The Buyer may grant additional time for any delay or failure to perform hereunder if the delay will not adversely impact the best interests of the Buyer and is due to causes beyond the control of to Seller. Such grant must be in writing and made part of the order. DEFAULT In the event of default by the Seller, Buyer may procure the articles or services covered by this order from other sources and hold to Seller responsible for any excess costs occasioned thereby, in addition to all other available remedies at law or equity. TERMINATION Buyer, acting through its City Manager or his/her designee, reserves the right to terminate this order In whole or in part for default (a) if Seller fails to perform In accordance with any of the requirements of this order or (b) If Seller becomes insolvent or suspends any of its operations or if any petition is filed or proceeding commenced by or against Seller under any State or Federal Law relating to bankruptcy, reorganization, receivership or assignment for the benefit of creditors. Any such termination will be without liability to Buyer except for completed Items delivered and accepted by the Buyer. Seller, will be liable for excess costs of reprocurement. F.O.B. In those cases where F O.B. point is not Destination, Seller is required to prepay freight charges and list separately on invoice. Collect shipments will not be accepted. TERMS By accepting this order, the Seller agrees that payment terms shall be Net 30 unless otherwise stated. INVOICING Seller must render original invoice to the City of Hollywood, Department of Financial Services, P.O. Box 229045, Hollywood, Florida 33022-9045. TAX The City of Hollywood is exempt from Federal and State taxes for tangible personal property. Sellers doing business with the City, which are not otherwise exempt, shall not be exempt from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Seller be authorized to use the City Tax Exemption Number in securing such materials. RESPONSIBILITY Responsibility will not be accepted for any goods delivered or services performed unless covered by a duly signed and authorized City of Hollywood order, issued by the Procurement Services Division. ACCEPTANCE Seller's acceptance of this order will be presumed unless Seller acknowledges exception, in writing, to Buyer within ten (10) calendar days after date of order. DELIVERIES Deliveries are to be made during the hours of 7:30 a.m. to 4:00 p.m. Monday through Friday, excluding holidays, unless otherwise stipulated. Seller shall notify the Buyer of deliveries that require special handling and/or assistance for off-loading. Failure to notify the Buyer concerning this type of delivery will result in the billing to Seller of any add-on redelivery, storage or handling charges. INSPECTION All Commodities delivered on this order are subject to inspection upon receipt by a representative of the Buyer. All rejected 13 Page 610 of 895 Blanket Purchase Order PA600356 commodities shall remain the property of the Seller and will be returned at the Seller's expense QUANTITIES Quantities specified in the order cannot be changed without Buyer approval. Goods shipped in excess of quantity designated may be returned at the Seller's expense. PAYMENT CHANGES Payments will be made only to the company and address as set forth on order unless the Seller has requested a change thereto on official company letterhead, signed by an authorized officer of the company. ANTI -DISCRIMINATION Sellers doing business with the Buyer are prohibited from discriminating against any employee, applicant or client because of race, creed, color, national origin, sex or age with regard to but not limited to the following: employment practices, rates of pay or other compensations, methods and training selection. UNIFORM COMMERCIAL CODE Florida law, including without limitation the Uniform Commercial Code (Chapter 670 — 680, Florida Statutes), shall apply to and supplement the terms and conditions of this order. Venue shall lie in a court of competent jurisdiction in Broward County, Florida. LEGAL RESPONSIBILITY By accepting this order, Seller understands and agrees that the items covered herein, or services to be rendered, shall be manufactured, sold or performed in compliance with applicable Federal, State, County and Local laws, ordinances, rules and regulations. Lack of knowledge by the Seller shall in no way be a cause for relief from responsibility. LIABILITY - COPYRIGHT/PATENT/TRADEMARK Seller shall save and hold harmless Buyer, its officers, employees and agents from liability for infringement of any United States patent, trademark or copyright for or on account of the use of any product sold to Buyer or used in the performance of this order. INDEMNIFICATION Seller shall indemnify, hold harmless and defend Buyer, its officers, employees and agents from and against any and all claims, damages, liability, judgments or causes of action, including costs, expenses and attorney fees, incurred as a result of any error, omission or negligent act by the Seller, its officers, employees, agents, subcontractors or assignees arising out of this order. OCCUPATIONAL SAFETY AND HEALTH Seller must comply with requirements under Chapter 442, Florida Statutes, that any toxic substance delivered as a part of this order must be accompanied by a Materials Safety Data Sheet (M.S.D.S.). REPRESENTATIVE All parties to this order agree that the representatives named herein are, in fact, bonafide and possess full and complete authority to bind said parties. PUBLICITY No endorsement by the City of the product and/or service will be used by Seller in any way, manner or form in product literature or advertising. INSURANCE The Seller of services must have secured and maintained the required amount of $1,000,000 general and $500,000 automobile liability limits and must list the City as an additional insured of this coverage. The Seller must have worker's compensation coverage as required by law. Any exception to the above stated limits or other requirements must be endorsed and approved by the City of Hollywood Risk Manager. Signature: Steve Stewart Assistant Director, Financial Services for Procurement 14 Page 611 of 895 Public Hearing 11/16/2021 Requested Action by Commission: Proposed Ordinance No. 21-027 - First Reading - CLM Apartments (ABAN 21-004) - Approve request for the abandonment of a 119 -foot long segment of the 57 -foot wide SE 21st Avenue right-of-way, extending from the FEC Railroad right-of-way to SE 3rd Street. Applicant: Lawrence Mastropieri, CLM Capital LLC. Explanation of Request: The applicant, Lawrence Mastropieri with CLM Capital LLC is requesting the abandonment (ABAN 21-004) of a portion of the unimproved 57 -foot wide right-of-way of SE 21St Avenue, approximately 119 feet measured from the Florida East Coast Railroad right-of-way to SE 3rd Street (see Exhibit "K— Location Map). The request for abandonment has been filed concurrent with a Major Site Plan Modification Application (MSPM 21-002), and a Future Land Use Map Amendment and Rezoning Application (LUAR 21-001). The subject request has been filed along with applications for Future Land Use Map Amendment and Rezoning, and a Major Site Plan Modification to allow the addition of a four- (4) unit apartment building to an existing multifamily residential development, associated parking and related site improvements. Staff recommends that the subject request be approved. This Planning & Development Board recommended approval of this item at the October 26, 2021 meeting. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Page 612 of 895 Attachments: Ty pe D Staff FRepoirf. D I ocafJoin IMalp D Dirawlings D Conditions of AIpproval Description Ordnance appiroving abaindoinirneinf. of 119 foot seg IlTient Staff IFRelpoiri. E)dllbit A FROW Abandonirneird. I ocabloin IMap E)dllblt IB SL]IrV(.-'y EAiibit C Al,)uttiing Property Owneii,-s ("lonsent to Abandon II ROW Exhillbit I Clloindfioin,,::n ofAIjppii,-ov,,.-il Page 613 of 895 1 ORDINANCE NO. 21- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING THE ABANDONMENT OF A 119 -FOOT LONG SEGMENT OF 5 THE S7 -FOOT WIDE SE 21ST AVENUE RIGHT-OF-WAY, EXTENDING 6 FROM THE FEC RAILROAD RIGHT-OF-WAY TO SE 3RD STREET; 7 AUTHORIZING THE CITY MANAGER TO EXECUTE A DISCLAIMER, 8 WHICH SHALL BE RECORDED WITH THIS ORDINANCE IN THE PUBLIC 9 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, Applicant is requesting abandonment of a portion of the unimproved 57- 13 foot wide right-of-way of SE 21St Avenue extending from the Florida East Coast Railroad right - 14 of -way to SE 3rd Street for a distance of approximately 119 feet; and 15 16 WHEREAS, staff has determined that the requested abandonment would not 17 adversely impact traffic or other City functions, and would not adversely impact other adjacent 18 property owners; and 19 20 WHEREAS, comments have been solicited from the appropriate City Departments, and 21 public hearings have been held before the City Commission on the proposed abandonment; 22 and 23 24 WHEREAS, staff has determined that the subject right-of-way segment no longer 25 serves a public purpose other than retention of necessary utility easements, if warranted and 26 therefore recommends approval of the request, subject to the accompanying conditions. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 29 BOYNTON BEACH, FLORIDA THAT: 30 31 Section 1. The foregoing whereas clauses are true and correct and incorporated 32 herein by this reference. 33 34 Section 2. The City Commission of the City of Boynton Beach, Florida, does hereby 35 abandon a portion of the unimproved 57 -foot wide right-of-way of SE 21St Avenue extending 36 from the Florida East Coast Railroad right-of-way to SE 3rd Street for a distance of 37 approximately 119 feet. The property being abandoned is more particularly described as 38 follows: 39 40 PARCEL 'B' 41 TOGETHER WITH THE NORTH 1/2 OF LOT 14, SUNNY OAKS ADDITION, 42 ACCORDING TO THE PLAT OR MAP THEREOF AS RECORDED IN PLAT BOOK 22, 43 PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND {S:\CA\Ordinances\AbandonmentsWbandonment of ROW (CLM APTS) - Ordinance.docx Page 614 of 895 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 EXCEPT THE FOLLOWING PORTION OF THE NORTH 1/2 OF LOT 14 HEREIN DESCRIBES AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE AFORESAID LOT 14, THENCE SOUTHERLY ALONG THE EAST LINE OF LOT 14, A DISTANCE OF 57.21 FEET, TO SOUTHEAST CORNER OF LOT 14; THENCE, FORMING AN ANGLE FROM NORTH TO WEST OF 89022'15" ALONG THE SOUTH LINE OF LOT 14 FOR A DISTANCE OF 24.43 FEET TO A POINT ON THE SOUTH LINE OF LOT 14, SAID POINT BEING THE NORTHEAST CORNER OF LOT 31 CREST VIEW, AS RECORDED IN PLAT BOOK 23, PAGE 154, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, FORMING AN ANGLE FROM THE WEST TO NORTH EAST OF 112035'27" FOR A DISTANCE OF 61.95 FEET TO THE POINT OF BEGINNING. CONTAINING 6300 SQ FEET, 0.14 ACRES, MORE OR LESS. Section 3. The City Manager is hereby authorized and directed to execute the attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public Records of Palm Beach County, Florida. Section 4. This Ordinance shall take effect immediately upon passage. FIRST READING this 16th day of November, 2021. SECOND, FINAL READING AND PASSAGE THIS 7th day of December, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner —Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) {S:\CA\Ordinances\AbandonmentsWbandonment of ROW (CLM APTS) - Ordinance.docx VOTE YES NO Page 615 of 895 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon a portion of the unimproved 57 -foot wide right-of-way of SE 21 st Avenue extending from the Florida East Coast Railroad right-of-way to SE 3rd Street for a distance of approximately 119 feet. The property being abandoned is more particularly described as follows: PARCEL 'B' TOGETHER WITH THE NORTH 1/2 OF LOT 14, SUNNY OAKS ADDITION, ACCORDING TO THE PLAT OR MAP THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING PORTION OF THE NORTH 1/2 OF LOT 14 HEREIN DESCRIBES AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE AFORESAID LOT 14, THENCE SOUTHERLY ALONG THE EAST LINE OF LOT 14, A DISTANCE OF 57.21 FEET, TO SOUTHEAST CORNER OF LOT 14; THENCE, FORMING AN ANGLE FROM NORTH TO WEST OF 89022'15" ALONG THE SOUTH LINE OF LOT 14 FOR A DISTANCE OF 24.43 FEET TO A POINT ON THE SOUTH LINE OF LOT 14, SAID POINT BEING THE NORTHEAST CORNER OF LOT 31 CREST VIEW, AS RECORDED IN PLAT BOOK 23, PAGE 154, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, FORMING AN ANGLE FROM THE WEST TO NORTH EAST OF 112035'27" FOR A DISTANCE OF 61.95 FEET TO THE POINT OF BEGINNING. CONTAINING 6300 SQ FEET, 0.14 ACRES, MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of December, 2021. CITY OF BOYNTON BEACH, FLORIDA Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk {S:\CA\Ordinances\AbandonmentsWbandonment of ROW (CLM APTS) - Ordinance.docx Page 616 of 895 STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of ❑ physical presence or ❑ online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of , 2021. NOTARY PUBLIC, State of Florida My Commission Expires: {S:\CA\Ordinances\AbandonmentsWbandonment of ROW (CLM APTS) - Ordinance.docx Page 617 of 895 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-012 TO: Chair and Members Planning & Development Board FROM: Luis Bencosme Planner II THRU: Mike Rumpf Planning & Zoning Administrator DATE: October 18, 2021 SUBJECT: Approve request for Abandonment (ABAN 21-004) of the 119 -foot long segment of the 57 -foot wide SE 21st Avenue right-of-way, between the FEC Railroad Right -of -Way to SE V Street. Applicant: Lawrence Mastropieri, CLM Capital LLC. BACKGROUND The applicant, Lawrence Mastropieri with CLM Capital LLC is requesting to abandon (ABAN 21-004) a portion of the unimproved 57 -foot wide right-of-way of SE 21St Avenue, approximately 119 feet measured from the Florida East Coast Railroad right-of-way to SE V Street (see Exhibit "A" — Location Map). The request for abandonment is concurrent with a Major Site Plan Modification Application (MSPM 21-002)and a Land Use Map Amendment and Rezoning Application (LUAR21- 001) for a proposed Infill Planned Unit Development, CLM Apartments, to construct a new four (4) unit apartment building to an existing multi -family development, associated parking and related site improvements. This abandonment is for the following street segment: PARCEL 'B' TOGETHER WITH THE NORTH 1/2 OF LOT 14, SUNNY OAKS ADDITION, ACCORDING TO THE PLAT OR MAP THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING PORTION OF THE NORTH 1/2 OF LOT 14 HEREIN DESCRIBES AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE AFORESAID LOT 14, THENCE SOUTHERLY ALONG THE EAST LINE OF LOT 14, A DISTANCE OF 57.21 FEET, TO SOUTHEAST CORNER OF LOT 14; THENCE, FORMING AN ANGLE FROM NORTH TO WEST OF 89°22'15" ALONG THE SOUTH LINE OF LOT 14 FOR A DISTANCE OF 24.43 FEET TO A POINT ON THE SOUTH LINE OF LOT 14, SAID POINT BEING THE NORTHEAST CORNER OF LOT 31 CREST VIEW, AS RECORDED IN PLAT BOOK 23, PAGE 154, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, FORMING AN ANGLE FROM THE WEST TO NORTH EAST OF 112°35'27" FOR A DISTANCE OF 61.95 FEET TO THE POINT OF BEGINING. CONTAINING 6300 SQ FEET, 0.14 ACRES, MORE OR LESS. The location map attached as Exhibit "A" shows the location of the right-of-way to be abandoned. The attached Exhibit "B" is a Boundary Survey of the portion of the right-of-way to be abandoned and associated legal description. The segment of the right-of-way to be abandonment has an existing driveway that provides access to the adjacent property to the south (2201 SE 3rd Street, Lot 31). The applicant submitted a letter of consent signed by the adjacent property owner, as well as a written agreement regarding the Page 618 of 895 Page 2 Memorandum No. PZ 21-012 ABAN 21-004 relocation of the existing driveway. According to the agreement, the applicant is fully responsible for the construction of an alternate access driveway connecting to SE 3rd Street, as well as the costs associated with the project" (See Exhibit C). A condition of approval has been added to the Development Order to ensure the required access driveway is constructed prior to recordation of this Abandonment application with Palm Beach County (see Exhibit D). The following is a description of the zoning districts and land uses of the properties that surround the subject right-of-way abandonment request: Adjacent Uses: North: Developed multi -family residential parcel (CLM Apartments) classified Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). South: Developed single-family properties classified Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). East: Right-of-way of SE 31d Street; further east developed single-family properties classified Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). West: FEC Railroad followed by developed multifamily properties classified Medium Density Residential (MEDR) and zoned Duplex (R2). ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and signs posted for the Planning & Development Board and City Commission hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection. Public Works/Utilities No objection, with the following Conditions of Approval: 1. Provide a 25 -foot wide utility easement along the south property—as depicted on the associated Major Site Plan Modification Application (MSPM 21-002) — prior to permitting (see Exhibit D). 2. Walls, fences and other structures are prohibited within the easement (see Exhibit D). Planning and Zoning No objection, with recommended conditions (see Exhibit D) PUBLIC UTILITY COMPANIES Florida Power and Light No response received as of the date of this report. Should any utility companies that have not responded to the request for abandonment as of the date of this report require relocation of utilities, the property owner is responsible forthe Page 619 of 895 Page 3 Memorandum No. PZ 21-012 ABAN 21-004 AT&T relocation and associated costs. No objection. Florida Public Utilities No objection. Comcast No objection. RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions and would not adversely impact other adjacent property owners. Based on the above - analysis, staff has determined that the subject right-of-way segment no longer serves a public purpose other than retention of necessary utility easements and therefore recommends APPROVAL of the requests, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "D" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\CLM Apartments\ABAN 21-004\Abandonment of ROW\CLM Apartments_Staff Report ABAN 21-004.doc Page 620 of 895 Page 621 of 895 Boundary Survey ror CLM CAPITAL ALI WFST LANE AT / 1 r I TV s9 0° L� oo yti gC�9o� " i 1 LOT a o U LOT LOT y T ONE N �r STORY Do EIED j a A GARAGE. M o ISN` I` lye r.nrsui c `ur, / ,I y,0r I u lr ; i1 7' ✓ NOIF f M 9�0, t &,„49.97 (M(M) LOT 1 rwo sToav ^tI;D - I RESIDENCE � n 1 iJ( 11AIII P, l/ CON Drv, 11 IL I.�d iu IF, ((( r LOT � I �N 1 1 � PARCEL A F D, E" LP, R LO I SA, / )� 12 TWOSTORYENCS RF.ASOFNCE u�e. h/11 ) I1 vo I �..1 FLAAS ^qc ff r _ i - w SO b { I 179 4C (F &M)N V: 'razD 6�(a� N 1�2 OF „rE I TMT LOT 14 _ t_ Ll� LT 14 PARCEL e Lor To- AT o LQ " Is soNS AIT 1/2 OF Ac, e I LOT 14 �" S E 20th COURT 0 9F wAY LEGEND �rv..rum 0 X w LAAST- - (i NO 1 9r)D w � t ----L.ESS AND S L 21st AVENUE. EXCEPT TO c,/N1 I u S.E 21st AVENUE__ - III wR t nr LAIL 1 oa.5w (r) .z IT — (IT yFw,,C14-,rtM> � ,N MI r DF 4,A AT vISSUl"0 T PARCEL 'rn j SURVEYORS NOTES .I V,1 �, f MF JVLMLN ll OCAOS I% FI'^I ;,10WN- LFUAL DESCRIPTION LA IL, �� /,l,T, '� -1c o IS AL DEceu IGI AOV IYEc R (F _0) S1 F PF3 73 Fa 154J ., FIT 11 F OI FA ItIVI If I I TTII N,E Gr Y "I'llIVT AI)DI OFF TA .(IUI ( L MAP A AI E. tI(F ; I FT�IU I �/ 0 )h, FALL D11111-iJ,lll 1/ ll)J0, Ni (30f FW AL-. (I Arl AGITIONS F L C fl N A SOO J. ) ) ottl to fT1� (N t N PSI IS C( -I: AIM.3AC: ) Y J"ILA ifl�i FIS N(I DIF10111 A YAll I fA 4 6 A 0 III C I8 (R . U(.RE 'I< FLAE s IF (N IF. LA Lf ( 'IAf L I IAAGIII 11 11 A111N AL V I ( I IFNI LIDS/ I', FTAINITATILL USNNG ,.I + ( /2 D 0 19 Nnv III 1 /,; I ( —a -u - (A AUI ) (CHL G AO I'LI f f I e'LA ,0 ) N IF f00K 1 FAST 0 lC ) C II Fl( T( Jf 1 C III )f l I III 0, r ! P'(DU )I 'ATIO ( CO NTr, (N ( I' Fl 1 f f l ) II l W If EIV 0 FNI IF ITT[ ( t OT 30 I V( PAFFY CIS PART Lf JD XCEFI II I( C �( I(It D Of IT,[ �lnll IIIVATON fE -LE ED 1 I< t AIM1 0 Ii N OIAiION NIGH N(k 1/2'IAl E L L 1L'.AS 2 I C DA.Y N O 0 IFI IL AFF \IRT.CAL DAIUM (IS AV i1 F)R8- ° WESTCOR LAND TITLE INSURANCE COMPANYID1 SICHOACH[S IRCSFILLIFY OS 1AlF ',,I[)F AI v of Al II JF rn TITLE COMMITMENT FILE #20-6�J494, � I I fi n IN M DE FY I(6 RI( Er N Fr Row( I Ill 1c LI'F 1L bl' ACI A fl 1 ICN(( NIII1LRtY ALE N FH" NN 0 I( L I" NI 1`5 O1 ( 111 OJN 111111, LIST IL IT l 1 InNC: IE. DATED SEPT 17, 2020 8:00 A.M. "A', II uN Ls10N F1 -111D BY E S 1 v waYNT,N ILIAL ANI UNION (tNl 0 I ( 4(4 NC AIV 1,4,(N ,IIUo mI nGM NOR (wI DF I /t F ONS SCHEDULE D, SECTION 2 EXCEPTIONS ('I) i NE ( ( , %Dan U I! LE OF 1 r IT -o A / �E VII, HILL or Lor LI (I; ur-N L ,dEIRANCI , A1IVl �,E cLAM NOT FtorrnrstE CERTIFIED TO: pI I )IT'. L (O IR 01 01' ) G2 CIAIJ h LC 4F 4 s ( S JIW P Ik I I 'N IA ( 1 ;) RF I( I CLAIM', ( .V D I+ 110/ L RI '.0131DA F (I O -Y 18IC ICOR I INTUIT q1 l N ISERIND NOT 'IV,OFFE II AFT )Id°ANY (( A I ORIDA LI N N ANGIL `OM 5) AI Sir SU IIF. IARR MATFJILh A[ILL LL(AI LOT 1 (T 51 08/)0/2011 VG F 111 21 f R A fi YF' 4;12 Yf J JO IVOT R V FD JIB 14 N ,1 OF/t. //G/1 L fAhI 0 6t.I.fl II (, Flt" ,I 0f III SIN11NG. I) 11N, 'Gf WA LI/ LWL /CAS ALL (:11—F tt>d CAPITAL (I e.�JO' J 11 0.11 MORE ON 81 IANf II NI FIA IiO IK L2, F/,I 0 S O OWN ON � IiSY LI:S. IA I f'Tn AINA( )'HITT A� CAI D FISTINT 1, (I Attu lair I0 ISIR',TON I AI IA, I t, In I n NAI, I 0 I. CERTIFICATION lTAIA 01 II (R I 1 ( E ' 1 L( ( N c o/ oI n r to oval lIv ON ;u:<vEY 1RE1 (1 r�1A-I e( ASD Bob Bu ee Inc. "I f f IAI [ L I ) , /) / I IJI () I Of III �� 1) r r I C) 1 r I I .( oT n "I ittAF I (- II ( rc Nlv, <v v<r Nr ihE, SURVEYOR I r I) hI I f , J K 1 1 I dl N) J f L I f Y IAll I 1 ) (I Ir ( 1 I ( r ( 10 IL P> IAIIIF 3E (I IN v, IIIA D 1 I, rt n,z e,< o: 1 ) 1 1 1 (1) I I 1 (r (rArLe /ul rr 1/C I 5 U 1 R (tz V%F 1 N 1T IOPF, - zn 1/) NG �V111OFT I A„[:, JI FfJ +AS lAi (All SC` y V�qY HO VIO 031)1 xVl ( F, )SIVA TIES (I 0110111C, S IF 21 Before me, this day personally appeared who, being duly sworn, deposes and says: ~*E�"`)C)«~*~~~~E—x~J� C He is the owner of: 22U2SE3RD STBOYNTONBEACH FL33435 Legal Description: CRGSTVEVVBQYNTON BEACH LOT 31 Parcel Control Number: 20 Owner: EnockE|ie2~�1 \ (Signature) He is the owner of: 2107 SE 3RD ST BOYNTON BEACH FIL 33435 Legal Description: SUNNY OAKS ADD LTS 10 TO 13 INC Parcel Control Number: 08-43-45-33-13-000-0100 Owner: 2107 SE D ST LLC (Managing Mernbel L They have bseenfurnisheclEdraw!ing which cle rly indicates the right-of-way to be abandoned (Lot 14 of the subdivision of Sunny Oaks) and its relationship to their properties. They hereby consent to the abandonment of the described petition site which is North tothe property located at 2201 SE 3RD ST8OYNnOmBEACH FL 33435 (08-43-45-33-03-000-0310). They hereby agnethattheownerof21O7 SE 3RD STBOYNTONBEACH FL33435will construct analternative access driveway to 2201 SE 3RD ST DVYNTOm BEACH FL33435 and incur the cost associated with the project. This agreement is contingent upon the owner cd21O7 SE 3RD ST 8OYNTON BEACH FL 33435 successfully obtaining final approvals from the city of Boynton Beach for the site plan, rezoning and land use amendment & abandonment for the °CLN1 Apartments" project. Additionally, this agreement is contingent upon the owner of2107SE 3RD ST BOYNTDNBEACH FL33435receiving ROW permit application approval for (Lot 14ofthe subdivision ofSunny Oaks) and a building permit application approval for the alternative access driveway to 2201 SE 3RD ST BOYNTON BEACH FL 33435. In the event the owner of2107 SE 3RD ST BOYNTON BEACH FL 33435 successfully obtains all approvals and permits as referenced above, it |sthe owner's option tnmove forward with the "CLIVI Apartments" project, including the of 22O1SE3RD STBOYNTONBEACH FL33435. (Signature) � ignature) 2107 SE 3RD STLLC ( PN�s�oped|d �� Enomk�|e ` *��~q _— STATE OF FLORIDA COUNTY OF PALM BEACH » | onlineThe foregoing instrument was acknowledged before me by means of.p.ty ical p this day of_�� 2021, who is personally know to me or who has produced identification. Signature and name of Notary Public Seal AWAV� Notary Public State of Florida my Commission GG 314360 Expires Page 623 of 895 EXHIBIT D Conditions of Approval Project Name: CLM Apartments File number: ABAN 21-004 Reference: 2nd review plans identified as a Right -of -Way Abandonment with a September 9, 2021 Planning and Zoning Department date stamp marking_ Comments: 1. A 25 -foot wide utility easement along the south property line is X reauired prior to Dermittina. Comments: 2. Right -of -Way Abandonment approval is contingent upon approval of the associated Land Use Map Amendment and X Rezoning (LUAR 21-001) and Major Site Plan Modification MSPM 21-002 applications. 3. The segment of S.E. 21St Avenue (a.k.a. Sunny Oaks Addition, Lot 14) to be abandoned is serving a public purpose as it provides access to the adjacent property (Crestview Boynton Beach, Lot 31). Be advised that Planning and Zoning approval of this Right -of -Way Abandonment request is contingent upon the X construction of an alternate access driveway connecting to SE 3rd Street prior to recording the Abandonment documents with Palm Beach County. Please coordinate the submittal of a Right -of -Way Permit for the required driveway with the City's Engineering Division. Comments: 4. Should any utility companies that have not responded to the request for abandonment as of the date of this report require relocation of utilities, the property owner is responsible for the X relocation and associated costs. Comments: None recommended. 11 Comments: To be Determined I 1 11 Page 624 of 895 CLM Apartments (ABAN 21-004) Conditions of Approval Paae 2 of 2 DEPARTMENTS INGLU©E REJECT ADDITIONAL REPRESENTATIONS / COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\CLM Apartments\ABAN 21-004\Abandonment of ROW\Exhibit D - ABAN 21-004 COA.doc Page 625 of 895 W : Public Hearing 11/16/2021 Requested Action by Commission: Proposed Ordinance No. 21-028 - First Reading - Approve request for Future Land Use Map amendment from Medium Density Residential (MEDR) to High Density Residential (HDR) for CLM Apartments, a property located at 2107 SE 3rd St. Applicant: Lawrence Mastropieri, CLM Capital LLC. Proposed Ordinance No. 21-029 - First Reading - Approve request for Rezoning from R-3, Multi -Family 11 du/ac to I PUD, Infill Planned Unit Development for CLM Apartments, a property located at 2107 SE 3rd St. Applicant: Lawrence Mastropieri, CLM Capital LLC. Explanation of Request: The subject site is developed and contains two (2), four -unit multi -family buildings and associated parking lots which were constructed in 2000 according to Palm Beach County Property Appraiser records. In 2019, the site was sold to 2107 SE 3rd ST. LLC, the current property owner. The site currently has a Future Land Use designation of Medium Density Residential and is zoned R-3, Multi -Family, which permits up to 11 dwelling units per acre, or a total of eight units at the subject site. The site is located within the Federal Highway District of the CRA's Community Redevelopment Plan (CRA Plan). The CRA Plan recommends for the site, the Future Land Use designation of High Density Residential and corresponding Zoning designation, Infill Planned Unit Development. The High Density Residential classification allows a ma)amum density of 15 dwelling units per acre. The owner has submitted an application to amend the Future Land Use Map to High Density Residential and to rezone the property to Infill Planned Unit Development in alignment with the CRA Plan. As per Chapter 2, Article II, Section 2 of the City's Land Development Regulations, a Major Site Plan Modification (MSPM 21-002) and abandonment of SE 21st Ave (ABAN 21-004) has been applied for concurrently with this request. The applicant proposes the construction of one additional two-story, four -unit multi -family residential building to be located north of the two e)asting multi -family residential buildings that currently exist at the site, resulting in a total of 12 dwelling units. Staff recommends that the subject request be approved. The Planning & Development Board recommended approval of this item at the October 26, 2021 meeting. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended Strategic Plan: Page 626 of 895 Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D Oirdinaince, D Slaff IReIpord D I ocation IMap D EAiit)ii D E)Mibil D Exhibit D Exhibit Description Oirdinairx.e appiroving Ila=ind use desiginabon for U JIM Apairtrneints Ordinance approving rezoiniing UL M Apairtirneints Staff IReIport E)d-nibit A I ocaboin IMgp E)d,iibit IB Exisfing Zoining E)d,iibit C Prq,)osed Zoiniing E)d-dt)it I..) Exisfing F:::utuiire II....and L.ise E)d-dt)it IE Piroposed F::uituire I and L)se Page 627 of 895 1 ORDINANCE NO. 21- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE 5 ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY COMMONLY 6 KNOWN AS CLM APARTMENTS AND DESCRIBED HEREIN, CHANGING 7 THE LAND USE DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL 8 (MEDR) TO HIGH DENSITY RESIDENTIAL (HDR); PROVIDING FOR 9 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land Use 13 Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 14 Comprehensive Planning Act; and 15 WHEREAS, the procedure for amendment of a Future Land Use Element of a 16 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 17 WHEREAS, after two (2) public hearings the City Commission acting in its dual 18 capacity as Local Planning Agency and City Commission finds that the amendment 19 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 20 in the best interest of the inhabitants of said City to amend the Future Land Use Element 21 (designation) of the Comprehensive Plan as hereinafter provided. 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 25 herein by this reference. 26 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 27 Future Land Use of the following described land: 28 PARCEL 'A' 29 LOTS 8, 9, 10, 11, 12 AND 13, SUNNY OAKS ADDITION, ACCORDING TO THE MAP 30 OR PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC 31 RECORDS OF PALM BEACH COUNTY, FLORIDA. 32 33 CONTAINING 34,154 SQ FEET, 0.78 ACRES, MORE OR LESS. 34 35 PARCEL'B' S:\CA\Ordinances\Planning\Land Use\CLM Apartments LUA - Ordinance.Docx Page 628 of 895 36 TOGETHER WITH THE NORTH 1/2 OF LOT 14, SUNNY OAKS ADDITION, 37 ACCORDING TO THE PLAT OR MAP THEREOF AS RECORDED IN PLAT BOOK 22, 38 PAGE 10 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 39 40 LESS AND EXCEPT THE FOLLOWING PORTION OF THE NORTH 1/2 OF LOT 14 41 HEREIN DESCRIBES AS FOLLOWS: 42 43 BEGINNING AT THE NORTHWEST CORNER OF THE AFORESAID LOT 14, THENCE 44 SOUTHERLY ALONG THE EAST LINE OF LOT 14, A DISTANCE OF 57.21 FEET, TO 45 SOUTHEAST CORNER OF LOT 14; THENCE, FORMING AN ANGLE FROM NORTH 46 TO WEST OF 89022'15" ALONG THE SOUTH LINE OF LOT 14 FOR A DISTANCE OF 47 24.43 FEET TO A POINT ON THE SOUTH LINE OF LOT 14, SAID POINT BEING THE 48 NORTHEAST CORNER OF LOT 31 CREST VIEW, AS RECORDED IN PLAT BOOK 23, 49 PAGE 154, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, 50 FORMING AN ANGLE FROM THE WEST TO NORTH EAST OF 112035'27" FOR A 51 DISTANCE OF 61.95 FEET TO THE POINT OF BEGINING. 52 53 CONTAINING 6300 SQ FEET, 0.14 ACRES, MORE OR LESS. 54 55 PARCEL 'C' 56 LOT 31, CREST VIEW, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE 57 OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, 58 FLORIDA, RECORDED IN PLAT BOOK 23, PAGE 154. 59 60 CONTAINING 7984 SQ FEET, 0.18 ACRES, MORE OR LESS. 61 62 is amended from Medium Density Residential (MEDR) to High Density Residential (MXL). 63 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 64 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 65 Land Development Regulation Act. No party shall be vested of any right by virtue of the 66 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 67 including appeals, are exhausted. In the event that the effective date is established by state law 68 or special act, the provisions of state act shall control. 69 FIRST READING this 16th day of November, 2021. 70 S:ACA\Ordinances\Planning\Land UseACLM Apartments LUA - Ordinance.Docx Page 629 of 895 71 SECOND, FINAL READING and PASSAGE this 7th day of December, 2021. 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE YES NO S:ACA\Ordinances\Planning\Land UseACLM Apartments LUA - Ordinance.Docx Page 630 of 895 1 ORDINANCE NO. 21- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND 5 DESCRIBED HEREIN AND COMMONLY REFERRED TO AS CLM 6 APARTMENTS FROM MULTI -FAMILY RESIDENTIAL (R-3) TO (IPUD) 7 INFILL PLANNED -UNIT DEVELOPMENT; PROVIDING FOR CONFLICTS, 8 SEVERABILITY, AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 11 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 12 WHEREAS, CLM Capital, LLC., has made application to rezone land, said land being 13 more particularly described hereinafter, from (R-3) Multi -Family Residential to (IPUD) Infill 14 Planned -Unity Development; and 15 WHEREAS, the City Commission conducted public hearings as required by law and 16 heard testimony and received evidence which the Commission finds supports a rezoning for 17 the property hereinafter described; and 18 WHEREAS, the City Commission deems it in the best interests of the inhabitants of said 19 City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing Whereas clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. The land herein described be and the same is hereby rezoned from (R-3) 25 Multi -Family Residential to (IPUD) Infill Planned -Unity Development. A location map is attached 26 hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal Description: 27 PARCEL 'A' 28 LOTS 8, 9, 10, 11, 12 AND 13, SUNNY OAKS ADDITION, ACCORDING TO THE MAP OR 29 PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE PUBLIC RECORDS 30 OF PALM BEACH COUNTY, FLORIDA. 31 32 CONTAINING 34,154 SQ FEET, 0.78 ACRES, MORE OR LESS. 33 34 35 1 S:ACA\Ordinances\Planning\Rezoning\CLM Apartments - Rezone - Ordinance.Docx Page 631 of 895 36 PARCEL 'B' 37 TOGETHER WITH THE NORTH 1/2 OF LOT 14, SUNNY OAKS ADDITION, ACCORDING 38 TO THE PLAT OR MAP THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10 OF THE 39 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, 40 41 LESS AND EXCEPT THE FOLLOWING PORTION OF THE NORTH 1/2 OF LOT 14 HEREIN 42 DESCRIBES AS FOLLOWS: 43 44 BEGINNING AT THE NORTHWEST CORNER OF THE AFORESAID LOT 14, THENCE 45 SOUTHERLY ALONG THE EAST LINE OF LOT 14, A DISTANCE OF 57.21 FEET, TO 46 SOUTHEAST CORNER OF LOT 14; THENCE, FORMING AN ANGLE FROM NORTH TO 47 WEST OF 89022'15" ALONG THE SOUTH LINE OF LOT 14 FOR A DISTANCE OF 24.43 48 FEET TO A POINT ON THE SOUTH LINE OF LOT 14, SAID POINT BEING THE NORTHEAST 49 CORNER OF LOT 31 CREST VIEW, AS RECORDED IN PLAT BOOK 23, PAGE 154, OF THE 50 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, FORMING AN ANGLE 51 FROM THE WEST TO NORTH EAST OF 112°35'27" FOR A DISTANCE OF 61.95 FEET TO 52 THE POINT OF BEGINING. 53 54 CONTAINING 6300 SQ FEET, 0.14 ACRES, MORE OR LESS. 55 56 PARCEL 'C' 57 LOT 31, CREST VIEW, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICE 58 OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, 59 RECORDED IN PLAT BOOK 23, PAGE 154. 60 61 CONTAINING 7984 SQ FEET, 0.18 ACRES, MORE OR LESS. 62 63 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 64 accordingly. 65 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 66 Section 5. Should any section or provision of this Ordinance or any portion thereof be 67 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 68 remainder of this Ordinance. 69 Section 6. This ordinance shall become effective immediately upon passage. 70 FIRST READING this 16th day of November, 2021. 71 72 2 S:ACA\Ordinances\Planning\Rezoning\CLM Apartments - Rezone - Ordinance.Docx Page 632 of 895 73 SECOND, FINAL READING and PASSAGE this 7th day of December, 2021. 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE YES NO 3 S:ACA\Ordinances\Planning\Rezoning\CLM Apartments - Rezone - Ordinance.Docx Page 633 of 895 Page 634 of 895 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-013 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Andrew Meyer, Senior Planner DATE: October 19, 2021 PROJECT: CLM Apartments LUAR 21-001 REQUEST: Approve CLM Apartments request for Future Land Use Map amendment from Medium Density Residential (MEDR) to High Density Residential (HDR), and Rezoning from Multi -Family 11 du/ac (R3) to Infill Planned -Unit Development (IPUD), property located at 2107 SE 3rd St. Applicant: Lawrence Mastropieri, CLM Capital LLC. PROJECT DESCRIPTION Property Owner: CLM Capital LLC through 2107 SE 3rd St LLC Applicant: Lawrence Mastropieri, CLM Capital LLC Agent: Christi Tuttle and Bradley Miller, Urban Design Studio Address: 2107 SE 3rd Street Location: Northwest of where SE 20th Court and SE 3rd Street meet and east of the FEC Railroad. Existing Land Use: Medium Density Residential (MEDR) Proposed Land Use: High Density Residential (HDR) Existing Zoning: Multi -Family Residential (R3) Proposed Zoning: Infill Planned -Unit Development (IPUD) Proposed Use: Multi -Family Residential Acreage: 0.86 acres Page 635 of 895 Page 2 CLM Apartments LUAR 21-001 Adjacent Uses: North: Vacant residential parcel with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3); further north developed parcel with an existing place of worship and with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). South: SE 21st Avenue right-of-way (to be vacated); further south developed single-family property with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). East: Developed single-family properties with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). West: Florida East Coast (FEC) Railroad right-of-way, followed by developed multi -family properties with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Duplex (R2) and Planned Unit Development (PUD). BACKGROUND The existing site is developed, and contains two (2), four -unit multi -family buildings and associated parking lots which were constructed in 2000 according to Palm Beach County Property Appraiser records. In 2019, the site was sold to 2107 SE 31 ST LLC, the current property owner of the site. The site currently has a Future Land Use designation of MEDR and a Zoning designation of R3, which permits up to 11 dwelling units per acre, or a total 8 units at the subject site. The site is located within the Federal Highway District of the CRA's Community Redevelopment Plan (CRA Plan), which recommends a Future Land Use designation of HDR and corresponding zoning designation of IPUD at the site, and allows for a density of up to 15 dwelling units per acre. The owner has submitted an application to change the Future Land Use to HDR and amend the Zoning of the the property to IPUD in alignment with the CRA Plan, which, with a proposed abandonment of SE 21 st Ave, would permit a total of 12 units at the site. As per Chapter 2, Article II, Section 2 of the City's Land Development Regulations, a site plan (MSPM 21-002) and abandonment of SE 21St Ave (ABAN 21-004) has been applied for concurrently with this request. The applicant proposes the construction of an additional two- story, four -unit multi -family residential building to be located north of the two existing multi -family residential buildings that currently exist at the site, resulting in a total of 12 dwelling units. PROCESS Since the size of the property under consideration does not exceed 50 acres, does not involve a text change to the goals, policies, and objectives of the comprehensive plan, and is not located within an area of critical state concern, the proposed Future Land Use Map amendment is subject to the small-scale comprehensive plan amendment process per provisions of Chapter 2 Page 636 of 895 Page 3 CLM Apartments LUAR 21-001 163.3187, Florida Statutes. The final adoption by the City Commission is tentatively planned for December 2021. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and Zoning Map amendments are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3. These criteria are required to be part of a staff analysis when the proposed change includes an amendment to the Comprehensive Plan Future Land Use Map (FLUM) or a Zoning Map amendment. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The City has expressed desire to increase the supply of attainable housing within it's limits. The proposed Future Land Use and Zoning Map amendments, in conjunction with the aforementioned abandonment, would permit the constructon of a total of four (4) dwelling units, or three (3) more than what would be permitted under the current configuration and designations. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. The proposed FLUM amendment is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.7.1 The City shall follow the recommendations of the adopted Community Redevelopment Plan to the maximum extent feasible when reviewing development applications pertaining to property within the Community Redevelopment area. Policy 1.8.2 The City shall discourage urban sprawl by ... continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible Policy 1.9.1 New development and redevelopment shall be consistent with the policies of the Future Land Use Element and conform to the Future Land Use Map or, if applicable, comply with the Future Land Use recommendations of the CRA Community Redevelopment Plan and any future redevelopment plans. Policy 1.11.1 The City shall continue efforts to encourage a variety of housing choices by allowing a full range of residential densities to accommodate a diversity of housing choices including, single family, multi -family, manufactured and mobile dwellings and group homes. Page 637 of 895 Page 4 CLM Apartments LUAR 21-001 Furthermore, the site is located within the Federal Highway District of the CRA Plan, which recommends a Future Land Use designation of HDR and corresponding Zoning of IPUD at the site, and allows for a density of up to 15 dwelling units per acre. As such, the proposed FLUM amendment and Zoning Map amendment is consistent with the CRA Plan. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed four -unit multi -family residential building would be of the same scale of the existing multi -family residential buildings on the site. In addition, the existing land use pattern surrounding the site consists of an assortment of single-family, two-family, and multi -family residential buildings, as well as parking lot facilities for a place of worship. Furthermore, as stated in criterion "b", the site is located within the Federal Highway District of the CRA Plan, which recommends a Future Land Use designation of HDR and corresponding Zoning of IPUD at the site, and allows for a density of up to 15 dwelling units per acre. The CRA Plan was developed to guide more desirable and sustainable growth for the community. As such, the proposed Future Land Use Map amendment and Zoning Map amendment would not create a conflict with the established land use pattern and would result in more desirable and sustainable growth for the community. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The proposed FLU and Zoning designations support increasing density in close proximity to complementary land uses and alternative modes of transportation, resulting in a neighborhood - wide horizontal mix of uses. The site is approximately one-quarter of a mile from both Federal Highway and Seacrest Boulevard, which both contain neighborhood -scale commercial uses. Furthermore, two Palm Tran bus routes, Route 1 and Route 70 are accessible within walking distance from the subject site. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. Both potable water and sewer mains are available adjacent to the site. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage has be reviewed in detail as part of the site plan, land development, and 4 Page 638 of 895 Page 5 CLM Apartments LUAR 21-001 building permit review processes. Traffic. The applicant has provided a letter from the Palm Beach County Traffic Division indicating that the proposal meets the Traffic Performance Standards (TPS) of Palm Beach County. Schools. The School Capacity Availability Determination application has been submitted to the School District of Palm Beach County. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties; and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See the responses to criteria "a", "b" and "c". The property will be difficult to develop under the current R3 Zoning, as it would only allow for one additional dwelling unit next to existing multi- family residential development. As stated earlier in this report, the site is located within the Federal Highway District of the City's Community Redevelopment Plan (CRA Plan), which recommends a Future Land Use designation of HDR and corresponding Zoning of IPUD at the site, and allows for a density of up to 15 dwelling units per acre. The proposed amendments would bring the site up to a density which is consistent with the vision of the area and the City as a whole, and bring the Future Land Use and Zoning Map designations into further consistency with existing redevelopment plans. g. Direct Economic Development Benefits. For rezoning / FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would. (1) Further implementation of the Economic Development (ED) Program; (2) Contribute to the enhancement and diversification of the City's tax base; (3) Respond to the current market demand or community needs or provide services or retail choices not locally available; (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage; (5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects; and (7) Alleviate blight/economic obsolescence of the subject area. The proposed amendment would encourage development of the site and thus contribute to the enhancement of the City tax base, as a demand for multi -family dwellings appears to continue unabated. Page 639 of 895 Page 6 CLM Apartments LUAR 21-001 h. Commercial and Industrial Land Supply. The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above; and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed FLUM amendment and Zoning Map amendment would not reduce the amount of land available for commercial/industrial development as the current zoning designation does not permit commercial uses. The increase of dwelling units would result in a greater building area and valuation than the potential of the existing Future Land Use and Zoning designations. i. Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. There are no comparable sites. The subject site is looking for additional development options, rather than alternate site location). See criterion "a." j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article III and the site development standards of Chapter 4. The proposed site plan complies with the requirements of the IPUD zoning district. RECOMMENDATION Staff has reviewed the proposed Future Land Use and Zoning Map amendments against the review criteria provided in Chapter 2, Article II, Section 2, Subsections B.3.c D.3 and has found the proposal to meet the aforementioned criteria. Therefore staff recommends that the request be approved. Page 640 of 895 Page 641 of 895 Page 642 of 895 Page 643 of 895 Page 644 of 895 Page 645 of 895 B.C. Public Hearing 11/16/2021 Requested Action by Commission: Approve Major Site Plan Modification for CLM Apartments to allow the addition of a four (4) unit apartment building, associated parking and related site improvements, on a 0.86 - acre parcel, located at the northwest corner of SE 20th Court and SE 3rd Street, and east of the FEC Railroad, in the IPUD (Infill Planned Unit Development) zoning district. Applicant: Lawrence Mastropieri, CLM Capital LLC. Explanation of Request: The subject residential property is currently developed with two (2) multi -family buildings, each containing 4 dwelling -units. The applicant is requesting approval of a Major Site Plan Modification application (MSPM 20- 001) to construct an additional four (4) unit apartment building on the north side of the project site, associated site improvements, and required amenities. The project is dependent on City Commission approval of the following requests, which are undergoing concurrent review: (1) Right -of -Way Abandonment of a segment of SE 21 It Avenue; and (2) Land Use Map Amendment from Medium Density Residential (MEDR) to High Density Residential (HDR), and Rezoning from Multi -Family 11 du/ac (R3) to Infill Planned -Unit Development (IPUD). Should these applications be approved, the project site would be of sufficient size (0.86 acres) to accommodate 4 additional dwelling units, required parking lot and amenities. The Planning & Development Board recommended approval of this item at the October 26, 2021 meeting. How will this affect city programs or services? Not applicable. Fiscal Impact: Not applicable. Alternatives: Not applicable. Strategic Plan: Strategic Plan Application: Not applicable. Climate Action Application: Not applicable. Is this a grant? Grant Amount: Page 646 of 895 Attachments: Ty pe D Adden6,.jirn D EAiit)it 7b�=M D Dirawiii,w s D Conditions of Appiroval Description Staff IRealport E)dlibit A I ocation IMgp E)dlik)it IB Justificatioin Stateirnent E)d-dt)it C Project IPlaains E)d-dt)it IIt'.oindboins of Approwil Page 647 of 895 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-010 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Mike Rumpf Planning and Zoning Administrator FROM: Luis Bencosme, Planner II DATE: October 13, 2021 PROJECT NAME: CLM Apartments (MSPM 21-002) REQUEST: Approve request for Major Site Plan Modification (MSPM 21-002) to the CLM Apartments project to allow the construction of a new four (4) unit apartment building and associated parking and related site improvements, on a 0.86 - acre parcel, located northwest of where SE 20th Court and SE 3rd Street meet and east of the FEC Railroad, in the IPUD (Infill Planned Unit Development) Zoning District. Applicant: Lawrence Mastropieri, CLM Capital LLC. PROJECT DESCRIPTION Property Owner: CLM Capital LLC through 2107 SE 3rd St LLC Applicant: Lawrence Mastropieri, CLM Capital LLC Agent: Christi Tuttle and Bradley Miller, Urban Design Studio Address: 2107 SE 3rd Street Location: Northwest of where SE 20th Court and SE 3rd Street meet and east of the FEC Railroad. Existing Land Use: Medium Density Residential (MEDR) Proposed Land Use: High Density Residential (HDR) Existing Zoning: Multi -Family Residential (R3) Proposed Zoning: Infill Planned -Unit Development (IPUD) Proposed Use: Multi -Family Residential Acreage: 0.86 acres Page 648 of 895 CLM Apartments (MSPM 21-002) Memorandum No PZ 21-010 Page 2 Adjacent Uses: North: Vacant residential parcel with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3); further north developed parcel with an existing place of worship and with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). South: SE 21 st Avenue right-of-way (to be vacated); further south developed single-family property with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). East: Developed single-family properties with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Multi -Family Residential (R3). West: Florida East Coast (FEC) Railroad right-of-way, followed by developed multi -family properties with a Future Land Use designation of Medium Density Residential (MEDR) and zoned Duplex (R2) and Planned Unit Development (PUD). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The subject residential property is currently developed with two (2) multi- family buildings, each containing four (4) dwelling -units. The applicant is requesting approval of a Major Site Plan Modification application (MSPM 20- 001) to construct an additional four (4) unit apartment building on the north side of the project site, associated site improvements, and required amenities. The project is dependent on City Commission approval of the following requests, which are undergoing concurrent review: (1) Right -of -Way Abandonment of a segment of SE 21St Avenue; and (2) Land Use Map Amendment from Medium Density Residential (MEDR) to High Density Residential (HDR), and Zoning Map amendment from Multi -Family 11 du/ac (R3) to Infill Planned -Unit Development (IPUD). Should these applications be approved, the project site would be of sufficient size (0.86 acres) to accommodate four (4) additional dwelling units, required parking lot and amenities. 2 Page 649 of 895 CLM Apartments (MSPM 21-002) Memorandum No PZ 21-010 Page 3 ANALYSIS Traffic: A traffic statement was sent to the Palm Beach County Traffic Division for review. The applicant provided an approval letter from the Palm Beach County Department of Engineering and Public Works confirming the proposed development would meet the County's Traffic Performance Standards (TPS). The traffic statement indicates the project is expected to generate 88 net daily trips, six (6) net AM peak hour trips and seven (7) net PM peak hour trips, which is a net increase of 29 daily trips. School: The proposed development is required to submit an approved SCAD (School Capacity Availability Determination) application to ensure the area schools have adequate capacity to accommodate the potential public -school students who will reside in the proposed dwelling units with their families. An approval letter from the County is required prior to permit issuance (See Exhibit "D" - Conditions of Approval). Utilities: The Utility Department has reviewed the proposed Civil Engineering plans and agree the City's water capacity would meet the projected potable water demand for this project. Additionally, sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project. Additionally, a 25 feet wide utility easement has been proposed to ensure the existing utilities are protected from future improvements and ensure service providers have adequate access (See Exhibit "D" - Conditions of Approval). Police/Fire: The Police Department has reviewed the proposed Site Plan (SP -1) and Photometric Plan (A3.0) to ensure the project meets the CPTED (Crime Prevention Through Environmental Design) standards. The review comments have been addressed by the applicant. Also, the Fire Department will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: The applicant submitted a preliminary Engineering Plan with conceptual drainage information. The Engineering Division has found the conceptual information to be adequate and is recommending that further review of specific drainage solutions will be conducted at time of permitting. Access: The development would maintain two (2) points of ingress/ egress, each providing vehicular access to the north and south parking lots. The entry drive located on the south side of the site would provide access to the south parking lot from SE 3rd Street; and, the second entry drive on the north side would provide access to the second parking lot from SE 20th Court. Both parking lots have a two-way drive isle that is of sufficient width to ensure safe, adequate and efficient vehicular circulation. Walkways are also proposed in front of each building. The walkaways 3 Page 650 of 895 CLM Apartments (MSPM 21-002) Memorandum No PZ 21-010 Page 4 provide a safe route to the recreational areas located on opposing sides (north and south) of the property. The walkways also connect to the existing sidewalk running parallel to SE 3rd Street. Parking: Multi -Family Residential Developments consisting of two (2) or more bedroom apartments are required to provide two (2) parking spaces per unit, as well as additional parking spaces for guests calculated at a rate of 0.15 spaces per unit. The project proposes a total of twelve (12) dwelling units, each consisting of 3 bedrooms and two (2) baths. Therefore, a total of 26 parking spaces — including two (2) spaces for guests and two (2) accessible handicap spaces — would be required. The project meets the parking requirements as it proposes 23 standard size parking spaces and three (3) accessible handicap parking spaces. Landscaping: The proposed landscape improvements will meet the City's minimum code requirements. According to the Existing Tree Plan (L-1), the site currently has a total of seven (7) trees. The applicant proposes to remove three (3) Live Oak trees and preserve three (3) Gumbo Limbo trees and one (1) Bismarck Palm tree. The Plant List included on the Planting Plan (L-2) indicates that the great percentage of the proposed trees would be native and drought tolerant. According to the Plant List, the landscape will include 89 trees — including 51 large trees (Gumbo Limbo, Green Buttonwood, East Palatka Holly, Live Oak, Paradise Tree and Bald Cypress), 21 medium size trees (Yellow Elder, Spanish Stopper and Wild Lime) and 17 palm trees (Sabal Palm and Solitaire Palm) — 763 shrub specimens, and 2,737 small shrubs/groundcover plants. The plant material would be located around the site perimeter, building base and within the parking lot landscape islands. Additionally, the applicant included a note on the Planting Plan (L-2) indicating Florida number one grade plant material would be utilized. The applicant is proposing a variety of butterfly attracting plant species, which have been identified on the Landscape Plan (L-2) with an asterisk. The plant species include Live Oak, Dune Mistflower, Sweet Almond Verbena, Cocoplum and Dwarf Firebush. The Landscape Plan (L-2) proposes dense landscape buffers along the interior side property lines abutting the existing residential properties to the south and east. The twelve (12) foot wide landscape buffer along the south property line consists of Green Buttonwood trees and staggered wild Lime understory trees. The buffer also includes two rows of staggered shrubs (Green Island Ficus and Small Leaf Clusia). The ten (10) foot wide landscape buffer along the east interior side property line consists of a six (6) foot tall decorative wall landscaped with closely spaced Green Buttonwood trees, Live Oak trees and a dense Small Leaf Clusia hedge. The proposed five (5) foot wide landscape strip along SE 3rd Street includes Yellow Elder canopy trees and two rows of shrubs (Gold shower and Nora Grant Ixora). Lastly, the five (5) foot wide landscape strip along the west property line 4 Page 651 of 895 CLM Apartments (MSPM 21-002) Memorandum No PZ 21-010 Page 5 consist of a six (6) foot tall chain link fence, East Palatka Holly trees and a dense Cocoplum Hedge. Building and Site: The existing aparment development is comprised of two (2) parcels totaling 0.78 AC and developed with two (2) multi -family residential buildings, a single -story garage and two (2) parking lots. Approval of the associated Right -of -Way Application would increase the project area to 0.86 acres, which is required in order to build four (4) additional dwelling units. The project proposes one (1) additional multi -family residential building and associated site improvements and amenities. The new building would be located on the north side of the site. The proposed building size and design is consistent with existing buildings on site. It would contain four (4) dwelling units, each comprising of three (3) bedrooms, two (2) bathrooms, kitchen, dining/ living room, closet and covered patio/ balcony. Access to the second floor is provided with an exterior staircase located on the east side of the building. Building Height: The building height allowed in the IPUD (Infill Planned Unit Development) Zoning District is flexible. The flexibility is intended to ensure compatibility and consitency of scale by requiring height of new buildings to be consistent surrounding buildings. According to the building elevations (A2.1 and A2.2), the new building will be the same height as the existing buildings on site, 23'5" as measured from finished graded. Setbacks: The required IPUD (Infill Planned Unit Development) Zoning District setbacks are flexible. According to the Site Plan (SP -1), the new building would be located on the north side of the site and setback from the property lines as follows: Amenities: IPUD (Infill Planned Unit Developments) projects are required to provide a programmed open space area in addition to pedestrian and bicyclist amenities. According to the Site Plan (SP -1), the project would include two (2) outdoor recreational areas, totaling 3,703 SF. The larger (3,053 SF) recreational area is located on the south side of the site and includes one (1) barbecue grill, two (2) benches and one (1) picnic table; the smaller (650 SF) recreational area located on the north side includes one (1) picnic table and barbecue grill. Design: The building mass, architectural features, color palette, size and height of the proposed building is consistent with the existing buildings on site, and in harmony with the neighborhood character. The building design is inspired by 5 Page 652 of 895 Required Setback ProposedYard .. Front East Side Flexible 23.5 Interior North Side Flexible 36.4' Rear West Side Flexible 10.2' Interior South Side Flexible 53.2' Amenities: IPUD (Infill Planned Unit Developments) projects are required to provide a programmed open space area in addition to pedestrian and bicyclist amenities. According to the Site Plan (SP -1), the project would include two (2) outdoor recreational areas, totaling 3,703 SF. The larger (3,053 SF) recreational area is located on the south side of the site and includes one (1) barbecue grill, two (2) benches and one (1) picnic table; the smaller (650 SF) recreational area located on the north side includes one (1) picnic table and barbecue grill. Design: The building mass, architectural features, color palette, size and height of the proposed building is consistent with the existing buildings on site, and in harmony with the neighborhood character. The building design is inspired by 5 Page 652 of 895 CLM Apartments (MSPM 21-002) Memorandum No PZ 21-010 Page 6 the Floribbean style, which is a combination of Florida Vernacular Architecture and Key West Architecture. The project architect designed the building with adequate horizontal and vertical fagade articulation. The building design includes step backs, stucco banding and pitched standing seam metal roof. The building will be painted with cool light colors (Sea Salt and High Reflective White). A textured stucco horizontal band has been added between the 1 s' and 2nd floors. Suspended aluminum canopies are proposed above the front bedroom windows. The upper portions of the building (2nd floor) include covered, recessed balconies with white railings. Sustainability: According to the City's Sustainability Development Standards, new multi- family residential developments consisting of a minimum of three (3) dwelling units and up to 25 dwelling units shall achieve at least fifteen (15) points. Projects are required to incorporate a mix of sustainable site and building design features, which are listed on the Sustainable Design Options (Table 3-1) of the Land Development Regulations. The Sustainable Development Chart on the Site Plan (SP -1) indicates the project would achieve the required 15 points by incorporating the following options: SUSTAINABLE DEVELOPMENT STANDARDS POINTS Energy Efficient Cooling - All air conditioners are Energy Star 2 qualified. Minimum SEER 16. Efficient Water Heating - At least 75% of hot water on premises is heated via Energy Star Certified water heaters 2 or solar water heaters. Cool Roof - Use roofing materials that have a Solar Reflective Index (SRI) 75 for low -sloped roofs (<2:12) or 25 2 for steep- sloped roofs (>2:12) for a minimum of 75% of the roof surface. Building Color — Utilization of white or cool light colors for the body of buildings to reflect rather than absorb heat and 2 reduce cooling costs. Accent and trim colors are not limited to these choices. Lighting — Provide energy efficient lighting such as LED 1 for building interiors for 100% of proposed lighting. -lighting Energy star appliances — All appliance with in a building are 2 100% energy star. Urban Nature Tree Canopy — Provide canopy trees in an amount that 4 exceeds the minimum number of required trees by 20%. Total Points 15 Lighting: The Photometric Plan (A3.0) includes a 20 feet tall freestanding light pole. It also includes two (2) light fixtures mounted to the building walls to illuminate the parking lot located between buildings A and B. The City's Land Development Regulations restricts the lighting levels to a maximum of 5.9 foot-candles. The Site Photometric Plan depicts lighting levels below the 6 Page 653 of 895 CLM Apartments (MSPM 21-002) Memorandum No PZ 21-010 Page 7 above-mentioned foot-candles limit. Signage: The project scope of work does not include signage. However, permit approval would be required for new signs. Public Art: The applicant is in communication with Glenn Weiss, Public Art Manager, in regards to the Public Arts Program requirements applicable to the project. RECOMMENDATION Staff has reviewed this request for a Major Site Plan Modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "D" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\CLM Apartments\MSPM 21-002\Staff Report\Staff Report-CLM Apartments (MSPM 21-002).doc Page 654 of 895 Page 655 of 895 urimn CLM APARTMENTS d ign JUSTIFICATION STATEMENT mstuclio Request(s): Abandonment of ROW, Rezoning and Land Use Amendment, Major Site Plan Modification, Engineering µ,mr g g ��IV�°�m,rumr III��,ulmulm�m� �;'mrm�� Waiver gmmmftµ wpeuikr h e: w" urlam lam:�rm"mrm"iunmrlrmu"m�:'Wm' n 4ii„7om"um�'r�m'�d'`s Submitted: August 4, 2021 /DART 09.14.2021 PROJECT DESCRIPTION Property Owner: CLM Capital, LLC Applicant: Larry Mastropieri Agent: Christi Tuttle / Bradley Miller AICP, Urban Design Studio Location: On the northwest corner of SE 21 st Avenue and SE 31 Street, 2107 SE 3rd Street Existing Land Use/Zoning: MEDR/ R-3 Existing Uses: 8 Multi -Family units in Buildings A & B Proposed Land Use/Zoning: HDR / IPUD Proposed Uses: 4 Multi -Family units in Building C Parent Parcel Area: 0.78 acres / 34,154 Square Feet Abandonment Area: 0.08 acres/ 3,484 Square Feet Gross Site Area: 0.86 acres/ 37,638 Square Feet Adjacent Uses: North: Multi -Family Residential Use - Future Land Use of LRC and Zoning is R-3 South: Multi -Family Residential Use with a Future Land Use of HDR and Zoning is R-3 East: Single -Family Residential Use with a Future Land Use of HDR and Zoning is SFR 1 Page 656 of 895 West: 100' Right -of -Way for Florida East Coast Railroad and west of that is Multi -Family Residential Use with a Future Land Use of MEDR and Zoning is PUD BACKGROUND The parent parcel of subject property consists of .78 acres of developed land located at the northwest corner of SE 21St Avenue and SE 3rd Street, 2107 SE 311 Street, within the boundaries of the City Community Redevelopment Area (CRA). The site contains two multi -family residential buildings (Buildings A & B) with 4 units in each building and parking to support the existing residential units. The site is currently designated with a MEDR land use and a zoning of R-3. The CRA Redevelopment Plan identifies this property and the surrounding area to ultimately be developed under the HDR land use designation. In addition, there is a 57' foot wide unused right of way abutting the south line of the parent parcel in which the northern .08 acres of the right of way is being proposed to be added to the parent parcel. The remainder of the abandoned area will be added to the residential parcel to the south. APPLICATION REQUEST The proposed development is to construct an additional freestanding 4 multi -family unit residential building (Building C) on the northern portion of the property for a total of 12 units, plus additional parking. Accordingly, Urban Design Studio, agent for the applicant and owner of the property, is requesting concurrent approvals of the following: • Abandonment of the right of way in which the northern .08 acres of land will be added to the parent parcel for a total of 0.86 acres. • An amendment to the Land Use designation from MEDR to HDR to allow for a density of 15 units per acre, equating to the 12 units proposed. • A change to the zoning from R-3 to an Infill Planned Unit Development (IPUD). • A Major Site Plan to implement applicable regulations for the proposed development of the additional building, parking and related site improvements. • An Engineering waiver for the minimum sidewalk width for the new sidewalk proposed along the eastern side of the multifamily residential building. The sidewalk for this location is covered and 4' in width. The Engineering Standards require a 5' sidewalk width, therefore this waiver request is for a reduction in width of one foot. PROPOSED DEVELOPMENT With the approval of the above, the proposed CLM Apartment development will provide attainable housing consisting of 3 two-story buildings and a total of 12 residential units (4 additional). All buildings are two stories in height and will contain 4 units, each with three -bedrooms and two baths. The units sizes within Buildings A & B are approximately 1,100 square feet. The units within the proposed building Care approximately 1,138 square feet each. The overall building area for Buildings A & B is 2,132 square feet per floor and 2,275 square feet per floor for Building C. Each unit in Building C will also provide approximately 95 square feet of outdoor covered living space, directly accessible from each living room. The main entrances will be covered and include a porch for comfortable access with a 4 foot covered walkway along the front of building. 2 Page 657 of 895 The exterior finish consists of smooth stucco surfaces with stucco banding surfaces to provide an aesthetically pleasing fagade. Each window and sliding glass door will be picture framed with an accent band to provide architectural interest. All windows and doors include code mandated and approved hurricane impact resistant products. The construction will consist of exterior concrete masonry unit (CMU) load bearing partitions, with code required concrete tie columns and beams. The interior partitioning will consist of industry standard metal framing and gypsum board sheathing. The building will include a series of hip roofs including covered porch and balcony areas. The sloped metal roofs are a pleasing 4/12 slope and include a variety of intersecting roof lines. The exterior finish color palate will consist of finishes which are consistent with the surrounding residential neighborhood and match the existing apartment buildings on the property. Access to the property will be provided by two full access driveways from SE 31 Street. To support the residential community, a new parking lot will be constructed for 13 additional parking spaces located at the northern portion of the site, for a total of 26 spaces on the property, including 3 handicap spaces. Based on current code, 26 parking spaces required. A new dumpster enclosure will be constructed south of the proposed parking area with improved access from SE 3rd Street and SE 10th Court. The existing dumpster which has no enclosure and located at the west end of the existing parking lot will be removed from site. Recreational open space area is also provided for use by the residents of the community as required by the IPUD zoning district. Based on the 12 total units, a minimum of 2,400 square feet of useable open space is required. As shown on the Site Plan, there is 3,703 square feet provided in two areas so that all units have access to a grills, tables, benches and open space for outdoor recreation. According to Sustainable Development, found in Chapter 4, Article XII of the City Code, multifamily residential development with less than 20 units are required to achieve at least 15 points based on listed criteria. The proposed development proposes to satisfy the minimum 15 points by at least providing the following: Energy All air conditioners are Energy Star qualified, minimum SEER 16 - 2 points Use roofing material that has a SRI > 5 for low sloped roofs for a minimum of 75% of the roof surface. — 2 points Use of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce cooling costs - as shown on architectural plans. — 2 points Provide energy efficient lighting such as LED lighting for building interiors for 100% of proposed lighting - 1 point. All appliances within a building are 100% Energy Star — 2 points At least 75% of hot water on premises is heated via Energy Star Certified watrer heaters or solar water heaters. — 2 points Urhan Nature Page 658 of 895 Provide canopy trees in an amount that exceeds the minimum number of required trees by 20% - 4 points. Based on the elements above, the criteria for sustainable development will be met for the proposed development. The area along SE 31d Avenue between the proposed parking area and the single-family home will be landscaped with a 10 -foot -wide buffer and 6' high wall as shown on the provided landscape plans. The plan also provides for a 5 -foot wide landscape buffer along the frontages of SE 31 Street and SE 2011 Court, and a 12 -foot wide landscape buffer on the south property line with dense vegetation barrier in place of a 6 -foot wall. There is existing vegetation along the west property line, adjacent to the railroad, that is proposed to remain as the required buffer. A traffic study has been submitted to Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. We will be applying for school concurrency through The School District of Palm Beach County confirming that adequate capacity exists to accommodate student residents of the proposed 12 multi -family units. We have included that application for you to execute and return to UDS for submittal to the school board. REVIEW CRITERIA FOR FUTURE LAND USE MAP AMENDMENTS/REZONING Section 2.13.3. of the Land Development Regulations contains the following review criteria for a future land use map amendment and rezoning. Approval of a FLUM amendment/zoning request shall be based on one (1) or more of the following factors. Following each of these criteria is an explanation of how this application complies with each of the criteria. (1) Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data must be provided within the application. It has been indicated that the City is in need of additional workforce/attainable housing. Approval of these application will allow for the construction of 4 additional units that will be priced accordingly for workforce/attainable housing. Although this site is small in size, the proposed HDR land use and IPUD rezoning will implement the regulations to allow for the construction of these 4 additional units. (2) Consistency. Whether the proposed FLUM amendment and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, redevelopment plans, and Land Development Regulations. Approvals of requests to rezone to a planned zoning district may include limitations or requirements imposed on the site plan in order to maintain such consistency. This property is identified by the City's Future Land Use Maps and is planned for the proposed HDR land use which is consistent on the CRA Redevelopment Plan. After meeting with staff it was agreed that the HDR land use is much more consistent with the surrounding area and a better fit with this site. The IPUD zoning is specifically established for infill redevelopment sites such as the subject parcel and therefore is consistent with the intent of the Land Development Regulations. 11 Page 659 of 895 (3) Land Use Pattern. Whether the proposed FLUM amendment and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezoning's that would result in more desirable and sustainable growth for the community. The pattern for HDR land use is established on the property to the south as well as the properties to the east. The HDR land use and IPUD zoning will be a continuation of that pattern and not create an isolated district or land use classification. The entire surrounding properties in this area are residential. (4) Sustainability. Whether the proposed rezoning/FLUM amendment would support the integration of a mix of land uses consistent with the smart growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation; and 3) interconnectivity within the project and between adjacent properties. The site and proposed building offer sustainable features in its proposed design and construction as indicated above. Covered bicycle storage will be provided with the proposed new development to encourage alternative modes of transportation. There are also connecting sidewalks within the development for the residents to have comfortable access to all recreational space. The proposed HDR land use and IPUD zoning are certainly consistent with and complement other development within the area as planned for by the CRA Redevelopment Plan. (5) Availability of Public Services/Infrastructure. Requests for rezoning to planned zoning districts and FLUM amendments shall be subject to review pursuant to Chapter 1, Article VI, Concurrency. All public services and infrastructure required for the development are available and provided by the City of Boynton Beach. (6) Compatibility. The application shall consider the following factors to determine compatibility: (a) Whether the proposed FLUM amendment and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties. (b) Whether the proposed FLUM amendment and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the city as a whole. The City has planned for this property to be designated with the proposed HDR land use by the CRA Redevelopment Plan and the IPUD zoning regulations have been established to provide for regulations for development to be compatible for smaller infill parcels such as the subject site. The IPUD regulations are found in Chapter 3, Article III, Section 2, G of the Land Development Regulations and are addressed below. Where there are adjacent single family or duplex residential uses, the Site Plan incorporates the required buffering and screening. (7) Alternative Sites. Whether there are adequate sites elsewhere in the city for the proposed use in zoning districts where such use is already allowed. Alternative sites are likely available in the City for this type of development, however the subject site and proposed development further the goals for development of infill parcels within the City. 5 Page 660 of 895 INFILL PLANNED UNIT DEVELOPMENT OPUD) CRITERIA Chapter 3, Article III, Section 2.G.1. of the City's Land Development Regulations states the purpose and intent of the Infill Planned Unit Development District as well as the prerequisite location standards. This property and the proposed development is the perfect example of why these regulations were established as justified by the following according to the sequential paraphrased sections of the referenced code: The purpose of the IPUD zoning district is to implement the high density residential (HDR) future land use map (FLUM) classification of the Comprehensive Plan. The subject site is identified on the CRA Redevelopment Plan for High Density Residential (HDR) land use and therefore eligible for a maximum of 15 dwelling units per acre. As specifically indicated by the code reference, the purpose of the IPUD zoning district is to implement the HDR land use classification for the promotion of new development on infill properties. The proposed rezoning to IPUD implements the HDR land use classification and the proposed multi -family units are permitted uses in the IPUD zoning district and promotes the development of this infill property. This district is intended for infill purposes, promoting new development and redevelopment within the Community Redevelopment Area (CRA) area consistent with land use recommendations from the Community Redevelopment Plan at densities no greater than fifteen (15) dwelling units per acre. • The boundaries of the CRA extend along Federal Highway and to the west on SE 31 Street, including this property. • With the inclusion of the .08 acre area being abandoned, the total site will consist of 0.86 acres of land. The proposed development of 12 residential units therefore yields a density of 13.95 units per acre which is less than the maximum allowed density of 15 units per acre of the HDR land use. The IPUD district will include design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The design of the property and architectural features described above and from the applicant's perspective, exceed the standards. Each unit provides a significant amount of living space, outdoor covered living space /porches, covered walkway along the front side of the proposed building and recreational use of a benches, grills and picnic tables. The units are positioned near the roadways with pedestrian walkways and porch/balcony areas consistent with the goals of the CRA Redevelopment Plan. The landscape areas will be enhanced with plant material, especially along the common property lines of existing residential properties to the south and east. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design and setbacks will be dependent on how well the proposed project otherwise exceeds the other applicable standards. 6 Page 661 of 895 The standards for IPUD developments are flexible to allow for creative and responsible infill developments. This is a small site and will only be developed if the regulations are more flexible than standard zoning districts. The site regulations for IPUD development found in Table 3-11 mostly indicate "flexible" relative to project area, frontage and setbacks. The proposed development plan complies with the standards for IPUD developments and other applicable sections of the Code. The minimum standard drive aisle width is 24 feet which is provided along with 9'x 18' parking spaces. • Setbacks for the building area have been established as close to the property lines as possible to not conflict with sight/visibility triangles but yet provide a more pedestrian friendly frontage with sidewalks leading to all units. There is an existing concrete walk along SE 3rd Street which will be removed for landscape and setbacks along interior property lines have complied with the minimum setbacks of the adjacent residential uses. Although the maximum building height allowed by IPUD zoning is 45 feet, the proposed structure is designed at 21'-6" to Mean Roof Height as defined by City code. The IPUD shall minimize adverse impacts on surrounding property. In order to be approved an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. The proposed development is consistent with the character of other multi -family developments along SE 3rd Street, just northeast of our property there are several multi- family developments including the PUD to the west of the site on the other side of the FEC railroad. The proposed development is also compatible in height and architectural style of the other referenced multi -family developments. The proposed multi -family design is encouraged and supported by the intent of the CRA Redevelopment Plan, HDR land use classification and the IPUD zoning district. The IPUD district is optimum when there is an opportunity to promote sustainability with respect to land use, energy conservation, resource management and social equity. Rezoning to the IPUD district is encouraged for proposed development on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The subject property and proposed development satisfy many of the sustainability goals of this regulation by providing condensed housing with pedestrian routes to local employment opportunities as close as the commercial businesses just to the south of our site and bus route opportunities on Federal Highway that extend to other communities throughout the entire County. The closest bus stop is 0.18 miles from the property. The other locational standards only pertain to non-residential uses and therefore are not applicable to this application. Overall, the applications are following the policies and goals of the Comprehensive Plan to apply the HDR and IPUD zoning on infill parcels along SE 3rd Street. The proposed development and design are consistent with the character of new development along the CRA South Federal Highway corridor which were also established and approved after consideration of these same policies, goals and standards. 7 Page 662 of 895 Abandonment Criteria - LDR Chapter 2, Article II, Section 2.G.3. Review Criteria. The vacation and abandonment of a right-of-way, special purpose easement, or other non -fee interest of the city shall be based on a demonstration that the above interest no longer serves a public purpose and there is no encumbrance which would prohibit the clear transfer of ownership of such land. The following review criteria shall be used to justify an application: a. Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? The 57.1' Right -of -Way will be split between the north and south property owners. We have included the consent from the property owner to the South to abandon the Right -of -Way. S.E. 211t Avenue dead ends in the area we are proposing to abandon. The driveway for the property to the south will be reconstructed once the abandonment application is approved and during construction of the subject parcel improvements. There are two driveways to the subject site along SE 3rd Street for all access. b. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently stopped or interrupted, or cause an unacceptable level of service to the subject lot or neighboring lots, subdivisions, or developments? All utilities are currently servicing the subject site. A 20 -foot utility easement will be recorded over existing utilities within the area of abandonment. Consent from some of the utility companies is provided with this application for the abandonment of the right-of-way. As demonstrated in the attached correspondence, several attempts have been made since May 2021 for contact with FPL and Comcast to obtain their consent. We will continue pursuing them throughout this process for same. c. Drainage and Wastewater Management. Does the subject land contain, support, or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments, which would cause or result in a stoppage, interruption, or unacceptable level of service? • Approximately 4,317 square feet of onsite drainage areas are proposed within the site. Exfiltration trenches will also be used to allow a legal means of drainage for the site. d. Conservation. Does the subject land contain, support, or allow the means for the conservation or preservation of flora or fauna? • There is no native significant flora or fauna to be preserved and any that can be relocated has been identified on the landscape plans. 8 Page 663 of 895 REVIEW CRITERIA FOR MAJOR SITE PLAN APPLICATION The review of the site plan will satisfy the review criteria of Section 2.B.3. of the Land Development Regulations for a major site plan application to confirm compliance with the applicable land development regulations of setbacks, landscape buffers, parking, and building height. CONCLUSION Based on the information provided, this application complies with the CRA Redevelopment Plan for the South Federal corridor, the purpose and intent of the HDR land use classification, this IPUD zoning and review criteria and regulations for the proposed development plan of 4 Multi -Family unit development project requiring an amendment to the Future Land Use Map, Re -zoning, Abandonment of a Right -of -Way, Engineering Waiver and Final Site plan approval. Christi Tuttle is the Senior Project Manager should additional information be required. 9 Page 664 of 895 Cc <E E E Id ,;IS /jam 4 eplaold `yaeag uo;uAo8 o = a� S1N3WIUVd`d W13 yoo o nav F ��LL _ SgNLL aim„m_ a�m_ oamo_ LCH H 5 v lal 0 E 1Y-- - o y 03� 10130' --,I 1 0 E m - O IN IY - - I wLL I U� tt mO :v � O zFtiN JO Qm Q ul 16 S.E. 3rd STREET 03� 1 0 2aa2a _ IN - - I wLL I U� tt mO :v � O zFtiN JO Qm I n �m r I Q w`D I Om o- oar 0 mmXZ`"'dO Q s I I _ w w 1CD LLaw _ � p.� =Iz aaw Q ul 16 - atloaTlba 1SbOO 1Stl3 b4laplj LLo S.E. 3rd STREET 03� 2aa2a _ - - I wLL I U� tt mO :v � O zFtiN JO Qm I n �m r I Q w`D I Om o- oar 0 mmXZ`"'dO Q s I I _ w w 1CD LLaw _ � p.� =Iz aaw - atloaTlba 1SbOO 1Stl3 b4laplj LLo Boundary Survey ror CLM CAPITAL ALI WFST LANE AT / 1 r I TV s9 0° L� oo yti gC�9o� " i 1 LOT a o U LOT LOT y T ONE N �r STORY Do EIED j a A GARAGE. M o ISN` I` lye r.nrsui c `ur, / ,I y,0r I u lr ; i1 7' ✓ NOIF f M 9�0, t &,„49.97 (M(M) LOT 1 rwo sToav ^tI;D - I RESIDENCE � n 1 iJ( 11AIII P, l/ CON Drv, 11 IL I.�d iu IF, ((( r LOT � I �N 1 1 � PARCEL A F D, E" LP, R LO I SA, / )� 12 TWOSTORYENCS RF.ASOFNCE u�e. h/11 ) I1 vo I �..1 FLAAS ^qc ff r _ i - w SO b { I 179 4C (F &M)N V: 'razD 6�(a� N 1�2 OF „rE I TMT LOT 14 _ t_ Ll� LT 14 PARCEL e Lor To- AT o LQ " Is soNS AIT 1/2 OF Ac, e I LOT 14 �" S E 20th COURT 0 9F wAY LEGEND �rv..rum 0 X w LAAST- - (i NO 1 9r)D w � t ----L.ESS AND S L 21st AVENUE. EXCEPT TO c,/N1 I u S.E 21st AVENUE__ - III wR t nr LAIL 1 oa.5w (r) .z IT — (IT yFw,,C14-,rtM> � ,N MI r DF 4,A AT vISSUl"0 T PARCEL 'rn j SURVEYORS NOTES .I V,1 �, f MF JVLMLN ll OCAOS I% FI'^I ;,10WN- LFUAL DESCRIPTION LA IL, �� /,l,T, '� -1c o IS AL DEceu IGI AOV IYEc R (F _0) S1 F PF3 73 Fa 154J ., FIT 11 F OI FA ItIVI If I I TTII N,E Gr Y "I'llIVT AI)DI OFF TA .(IUI ( L MAP A AI E. tI(F ; I FT�IU I �/ 0 )h, FALL D11111-iJ,lll 1/ ll)J0, Ni (30f FW AL-. (I Arl AGITIONS F L C fl N A SOO J. ) ) ottl to fT1� (N t N PSI IS C( -I: AIM.3AC: ) Y J"ILA ifl�i FIS N(I DIF10111 A YAll I fA 4 6 A 0 III C I8 (R . U(.RE 'I< FLAE s IF (N IF. LA Lf ( 'IAf L I IAAGIII 11 11 A111N AL V I ( I IFNI LIDS/ I', FTAINITATILL USNNG ,.I + ( /2 D 0 19 Nnv III 1 /,; I ( —a -u - (A AUI ) (CHL G AO I'LI f f I e'LA ,0 ) N IF f00K 1 FAST 0 lC ) C II Fl( T( Jf 1 C III )f l I III 0, r ! P'(DU )I 'ATIO ( CO NTr, (N ( I' Fl 1 f f l ) II l W If EIV 0 FNI IF ITT[ ( t OT 30 I V( PAFFY CIS PART Lf JD XCEFI II I( C �( I(It D Of IT,[ �lnll IIIVATON fE -LE ED 1 I< t AIM1 0 Ii N OIAiION NIGH N(k 1/2'IAl E L L 1L'.AS 2 I C DA.Y N O 0 IFI IL AFF \IRT.CAL DAIUM (IS AV i1 F)R8- ° WESTCOR LAND TITLE INSURANCE COMPANYID1 SICHOACH[S IRCSFILLIFY OS 1AlF ',,I[)F AI v of Al II JF rn TITLE COMMITMENT FILE #20-6�J494, � I I fi n IN M DE FY I(6 RI( Er N Fr Row( I Ill 1c LI'F 1L bl' ACI A fl 1 ICN(( NIII1LRtY ALE N FH" NN 0 I( L I" NI 1`5 O1 ( 111 OJN 111111, LIST IL IT l 1 InNC: IE. DATED SEPT 17, 2020 8:00 A.M. "A', II uN Ls10N F1 -111D BY E S 1 v waYNT,N ILIAL ANI UNION (tNl 0 I ( 4(4 NC AIV 1,4,(N ,IIUo mI nGM NOR (wI DF I /t F ONS SCHEDULE D, SECTION 2 EXCEPTIONS ('I) i NE ( ( , %Dan U I! LE OF 1 r IT -o A / �E VII, HILL or Lor LI (I; ur-N L ,dEIRANCI , A1IVl �,E cLAM NOT FtorrnrstE CERTIFIED TO: pI I )IT'. L (O IR 01 01' ) G2 CIAIJ h LC 4F 4 s ( S JIW P Ik I I 'N IA ( 1 ;) RF I( I CLAIM', ( .V D I+ 110/ L RI '.0131DA F (I O -Y 18IC ICOR I INTUIT q1 l N ISERIND NOT 'IV,OFFE II AFT )Id°ANY (( A I ORIDA LI N N ANGIL `OM 5) AI Sir SU IIF. IARR MATFJILh A[ILL LL(AI LOT 1 (T 51 08/)0/2011 VG F 111 21 f R A fi YF' 4;12 Yf J JO IVOT R V FD JIB 14 N ,1 OF/t. //G/1 L fAhI 0 6t.I.fl II (, Flt" ,I 0f III SIN11NG. I) 11N, 'Gf WA LI/ LWL /CAS ALL (:11—F tt>d CAPITAL (I e.�JO' J 11 0.11 MORE ON 81 IANf II NI FIA IiO IK L2, F/,I 0 S O OWN ON � IiSY LI:S. IA I f'Tn AINA( )'HITT A� CAI D FISTINT 1, (I Attu lair I0 ISIR',TON I AI IA, I t, In I n NAI, I 0 I. CERTIFICATION lTAIA 01 II (R I 1 ( E ' 1 L( ( N c o/ oI n r to oval lIv ON ;u:<vEY 1RE1 (1 r�1A-I e( ASD Bob Bu ee Inc. "I f f IAI [ L I ) , /) / I IJI () I Of III �� 1) r r I C) 1 r I I .( oT n "I ittAF I (- II ( rc Nlv, <v v<r Nr ihE, SURVEYOR I r I) hI I f , J K 1 1 I dl N) J f L I f Y IAll I 1 ) (I Ir ( 1 I ( r ( 10 IL P> IAIIIF 3E (I IN v, IIIA D 1 I, rt n,z e,< o: 1 ) 1 1 1 (1) I I 1 (r (rArLe /ul rr 1/C I 5 U 1 R (tz V%F 1 N 1T IOPF, - zn 1/) NG �V111OFT I A„[:, JI FfJ +AS lAi (All SC` y V�qY HO VIO 031)1 xVl ( F, )SIVA TIES (I 0110111C, S IF 21 EE �� 8838 mQ �• g 9�=c c Em o o _ LF 6 CN C6 o U ®aaaaa Balla Ba R%R% BqB� $o �g $x m� a� S'S' S' V69 cm _ a _ �G �,.�—�.:.•—�F�, �"wne� �x—a..o-vn III � i;�nc,,,.E,,.—QQ€„ y S.E. 3rd STREET- P 9�=c c Em o o _ ®aaaaa w cm _ a sz N �o m Z _ �N b pO o ° N S �w �O a �N w� w � z � Q � J N J = s QN - �� 9 N N a a a a a - NN w.91 wIL N JI No m j 'a sJz�u° nZ§ Svv 0HT voa�J LL�N 1 °�3Q °�N meq[°mo da"5u° ss a°,Q° uu 1°_z �Wq gamsOQ �z w.= �Nu�? a o N o _ cm _ a _ �G �,.�—�.:.•—�F�, �"wne� �x—a..o-vn III � i;�nc,,,.E,,.—QQ€„ y S.E. 3rd STREET- �� q� 5P;`v °8 Bax d Q sz N �o m Z _ �N b pO o ° N S �w �O a �N w� w � z � Q � J N J = s QN - �� 9 N N a a a a a - NN w.91 wIL N JI No m j 'a sJz�u° nZ§ Svv 0HT voa�J LL�N 1 °�3Q °�N meq[°mo da"5u° ss a°,Q° uu 1°_z �Wq gamsOQ �z w.= �Nu�? a o N "1, -- m m3 y — 1SbO�lSy3tl01aOld---- — — — — o _ cm _ a _ �G �,.�—�.:.•—�F�, �"wne� �x—a..o-vn III � i;�nc,,,.E,,.—QQ€„ y S.E. 3rd STREET- �� "1, -- m m3 y — 1SbO�lSy3tl01aOld---- — — — — cm _ a "1, -- m m3 y — 1SbO�lSy3tl01aOld---- — — — — o= a o� II K « III 3 a� u F ' rru •, M �v 4V f q ro sa E a e LI a w � u Y U r LU LU to w m IL U Q zLU U of of pF Olot,, O„ IIS O� O� F w F w O� ON " III f f c � r ip�3 O O «Y Q « III 3 a� u F ' rru •, M �v 4V f q ro sa E a e LI a w � u Y U r LU LU to w m IL U Q zLU U of of pF Olot,, O„ IIS O� O� F w F w O� ON " III f f c � J H «Y W e W G U Y ua D O m w� t z (MIu ;IORMI fJ s I ,I of I Bpd o _ II o I �I Z oyoa s I ,I of I _ II o I �I Z II II —m I: z Q f e j J d D� f J LL J mow" Iii LU � LU J II 1 ❑ Z s on L I0❑ � w I m I � ii I I� I I f O <m 9 Ell e I I a _ oe I 1 ,e a. wm o, w� al " � ^ \ � \� \\� \/ \� \� \r � ------------------- � }� (\ � � )}\ \\ , I . . . . ,\ \� y \\\}� ` � � I I ------------------- � )}\ \\ � I . . . . ,\ \� y \\\}� ` � � I I ------------------- M 0 0 10 '7 J Z w EllZ <0 . F-= . I W. O'� W 0 ci 6 w M 0 0 10 0 Z w EllZ <0 . F-= . I W. O'� W 0 ci 6 w 10 \�. \\\ ( / ( », \ � . . \ }!,! :`1: } Z V�'�6» oj \: .4G � w Z. 0 W. C) \: 0i d � \\!~ ] \�. \\\ ( / ( », \ � . . \ }!,! :`1: } Z oj < w Z. 0 W. C) 0i d \�. \\\ ( / ( », \ � . . \ }!,! :`1: } Z oj < Dj W. zj 0i d � � ] EXHIBIT D Conditions of Approval Project Name: CLM Apartments File number: MSPM 21-002 Reference: 2nd review plans identified as a Major Site Plan Modification with a September 9, 2021 Planning and Zoning Department date stamp marking_ DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. The plans must conform to all of the City of Boynton Beach Code of Ordinances, standards, and requirements at time of Land Development Permit. These permits include, but are not limited to, the following: paving, drainage, curbing, site lighting, landscaping and irrigation. The "Engineering Division Design Handbook and Construction Standards" manual is available at X the Engineering Division of the Public Works Department. Please email mendozap(&bbfl.us with your request to receive a copy. The City's code of Ordinances can be found: http://library.amlegal.com/nxt/gateway.dII/Florida/boynton/boynton beachfloridacodeofordinances?f=templates$fn=default.htm$3.0$ vid=am legal: boyntonbeach fl 2. The lighting design shall provide a minimum average light level of one foot-candle with all light poles to withstand a 140 MPH wind load and shall be operated by photoelectrical control and are to remain on until one hour after closing or 2:00 a.m. whichever is later per (2010 LDR, Chapter 4, Article VII, Section X 3.). Lighting plan does not comply with the minimum average lighting levels. 3. Page C1.2 Section A, please revise to prevent runoff to the adjacent property. Please extend regrading to the new lot boundary, I see a small section of the project still draining to the south property. X 4. Section C- Please continue positive grading to the property boundary as a small area still draining to the north property. x 5. Section D- Please continue positive grading to the property boundary as a small area still draining to the north property. x 6. An approved addressing plan will be required prior to permitting. X 7. Provide concrete a concrete collar around all yard drains. X 8. Please retain the existing sidewalk along SE 31d Street and provide an easement for access to the sidewalk. Provide a X pedestrian connection at SE 20th Ct. Page 673 of 895 CLM Apartments (MSPM 21-002) Conditions of Approval Paae 2 of 5 DEPARTMENTS INCLUDE REJECT 9. A four (4) foot wide sidewalk will be acceptable for the project. x 10. The required Land Development Permit shall include a geotechnical report and a drainage area map. x 11. Please clarify how was the 13.3 -foot berm elevation was determined. Reflect clarification in the drainage calculations. x 12. A 25 -foot wide utility easement along the south property line is required prior to permitting. x FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 13. The applicable park impact fees ($2,712) is due at time of permitting. X PLANNING AND ZONING Comments: 14. Site Plan approval is contingent upon approval of the associated Land Use Map Amendment, Rezoning and Right -of -Way Abandonment applications. x 15. A Unity of Title is required for lots 8,9,10,11,12 and 13 prior to permit approval. Be advised that the City has a Unity of Title application process in place that should be completed prior to recordation with Palm Beach County. Please contact the x Planning and Zoning Division (561-742-6260) to discuss the application process. 16. The segment of S.E. 21St Avenue (a.k.a. Sunny Oaks Addition, Lot 14 to be abandoned is servinga public purpose as it x Page 674 of 895 CLM Apartments (MSPM 21-002) Conditions of Approval Paae 3 of 5 DEPARTMENTS INCLUDE REJECT provides access to the adjacent property (Crestview Boynton Beach, Lot 31). Be advised that Planning and Zoning approval of this project is contingent upon the construction of an alternate access drive connecting to SE 3 d Street prior to recording the ROW abandonment documents with Palm Beach County. Please coordinate the submittal of a Right -of -Way Permit for the required driveway with the City's Engineering Division. 17. An approved SCAD (School Capacity Availability Determination) application is required. Please submit a letter of approval from Palm Beach County at time of permitting. X 18. The east property line of the adjacent single-family property to the south (Lot 31) is shown incorrectly on the Site Plan. Please correct the property line on the site plan to be consistent with the recorded Plat for the Crestwood subdivision (Book 23, Page X 154). 19. Please revise the proposed lot size provided on the Property Development Regulations table (0.78 AC) of the Site Plan to include the portion of the ROW to be abandoned (0.78 AC + 0.08 x AC = 0.86 AC total). 20. Please correct proposed square footage of Building C on the Site Plan. x 21. The required covered bicycle rack must support a minimum of five (5) bicycles by its frame. At time of permitting, please provide a color detail of the proposed covered bike rack with dimensions, x colors and materials. 22. The Photometric Plan (A3.0) should be prepared by a licensed engineer. x 23. Please revise the Luminaire Schedule and Calculation Summary tables on the Photometric Plan (A3.0) to be consistent with the proposed lighting levels. X 24. The Photometric Plan should include the footcandle spot readings along the walkways. x 25. Per code, off-street light fixtures shall not illuminate any vertical or horizontal surface on adjacent property or rights-of-way at a level greater than 0.3 footcandles. Please reduce the lighting levels along the interior side property line on the north side of the X site to 0.3 footcandles or less. Otherwise, include the adjacent property/ structures on the plan and lighting levels near the Page 675 of 895 CLM Apartments (MSPM 21-002) Conditions of Approval Paae 4 of 5 DEPARTMENTS I INCLUDE REJECT building to show compliance with the above code requirement. 26. Please provide details of the proposed pole mounted light fixtures with manufacturer specifications. Ensure the proposed light fixtures are baffled, shielded, screened, or recessed to prevent visibility of the lit portion of the fixture from off the X premises. 27. Be advised that sod is only permitted within open -play recreational areas, as well as areas used principally for drainage and storm water retention. Please remove the unnecessary sod x shown on the Planting Plan (L-2). 28. The required six (6) foot tall landscape buffer wall should include a continuous hedge planted between the wall and property line. x 29. The landscape buffer and strip on the southeast side of the property is encroaching into the right-of-way — the triangular area of the existing ROW labeled as Less and Except. Please revise the landscape plan to depict the vegetation entirely inside the X property and along the diagonal property line. 30. The Planting Plan (L-2) shows a Cocoplum hedge overlapping the parking lot area on the north side of Building A. Either, increase the width of the foundation planting area to provide X sufficient space for the Cocoplum hedge to grow or remove the hedge. 31. Per code, walls shall be designed in an architectural style consistent with the principal structure(s) incorporating the dominant exterior material(s), colors, and finishes of that structure. At time of permitting, please provide a detail and x elevation of the decorative buffer wall showing the proposed materials and color(s) specifications. 32. The Site Plan (SP -1) shows a walkway southeast of Building A that connects to the existing sidewalk. This walkway connection is not depicted on the Planting Plan (L-2). Please correct the drawings to be consistent. Please ensure both plans are X consistent. COMMUNITY REDEVELOPMENT AGENCY Comments: None. All previous comments addressed at DART meeting. PLANNING & DEVELOPMENT BOARD CONDITIONS Page 676 of 895 CLM Apartments (MSPM 21-002) Conditions of Approval Paae 5 of 5 DEPARTMENTS INCLUDE REJECT Comments: None Recommended CITY COMMISSION CONDITIONS Comments: To be Determined ADDITIONAL REPRESENTATIONS / COMMITMENTS The applicant or applicant's representatives made the following representations and commitments during the quasi-judicial and/or public hearings that now constitute binding obligations of the applicant. The obligations have the same weight as other conditions of approval. S:\Planning\SHARED\WP\PROJECTS\CLM Apartments\MSPM 21-002\MSPM 21-002 COA.doc Page 677 of 895 F-110 Public Hearing 11/16/2021 Requested Action by Commission: Proposed Ordinance No. 21-026 - Second Reading - Amending the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 4, Article X. Flood Prevention Requirements to maintain compliance with FEMA requirements and to maximize the City's National Flood Insurance Program's Community Rating System (CRS) class rating. Explanation of Request: To maintain consistency with new requirements of FEMA, and to keep striving to maximize the City's Community Rating System (CRS) rating, staff proposes and recommends amendments to the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 4, Article X. Flood Prevention Requirements. The amendments are summarized as follows in bullet format: • Adoption of a definition for Accessory Structure and differentiating it from the existing term and definition applicable to the Zoning Regulations. The new definition and proposed amendments to Article "X" satisfies the requirements of FEMA as well as maintains provisions (i.e. exemption) for certain eligible structures within Special Flood Hazard Areas; • Removal of provisions for, and prohibiting the placement of manufactured homes within the Special Flood High Areas. FEMA does not prohibit mobile homes from the subject areas; however, FEMA provides greater points in the CRS for such regulations; • Removal of terms referencing "Floodway'. The removal of these long-standing terms is a "house- keeping action, as no areas in the City qualify as "Floodways" according to FEMA standards and regulatory system; and • Editing the definition for Market Value, again, for consistency with FEMA's definition. The City recently improved its CRS rating from a Class 6 to a Class 5, which provides a 25 percent discount for flood policies located within the Special Flood Hazard Area and a 10 percent discount for policies located outside of the Special Flood Hazard Area. It is important to note that failure to adopt these proposed amendments to the regulations will automatically result in a lower CRS score and a decreased discount for flood insurance policy holders throughout the City. In quantifiable terms, it would result in the drastic reduction from a Class 5 to a minimum of a Class 8 CRS score, and will reduce the the flood insurance discount from 25 percent to 10 percent in the Special Flood Hazard Area and from 10 percent to 5 percent for policy holders located outside of the Special Flood Hazard Areas. Staff has been working on these proposed amendments in coordination with the State Floodplain Office. The Planning & Development Board heard the subject item at the board meeting on September 28, 2021, and forwards it to the Commission with a recommendation for approval. How will this affect city programs or services? Proposed amendments further the intent of the City's flood mitigation regulations including increasing compliance with CRS rating criteria. Page 678 of 895 Fiscal Impact: None Alternatives: None recommended. Failure to adopt these regulations will result in a lower Community Rating System (CRS) score, and the consequence of a decrease in the discounts currently received by flood insurance policy holders. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D Ordinance D Si.atir 11=�epoirt Description Oirdliinai nce Ipenri:aliirnling to Ii::lloodli:::Iireve--i tic iri Staff 11=Re1poirt Page 679 of 895 I 2 ORDINANCE NO. 21- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 6 AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 1, 7 ARTICLE II, "DEFINITIONS"; AMENDING CHAPTER 4, ARTICLE X, 8 "FLOOD PREVENTION REQUIREMENTS" TO REMOVE 9 REQUIREMENTS FOR MANUFACTURED HOMES IN FLOOD 10 HAZARD AREAS AND TO ADOPT REQUIREMENTS FOR ACCESSORY 11 STRUCTURES; PROVIDING FOR APPLICABILITY, SEVERABILITY 12 AND AN EFFECTIVE DATE. 13 14 WHEREAS, the Legislature of the State of Florida has, in Chapter 166 — Municipalities, 15 Florida Statutes, conferred upon local governments the authority to adopt regulations 16 designed to promote the public health, safety, and general welfare of its citizenry; and 17 WHEREAS, the Federal Emergency Management Agency released FEMA Policy #104- 18 008-03 Floodplain Management Requirements for Agricultural Structures and Accessory 19 Structures; and 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the City Commission has determined it appropriate to adopt regulations that are consistent with the FEMA Policy to allow issuance of permits for wet floodproofed accessory structures that are not larger than the sizes specified in the FEMA Policy; and WHEREAS, the City of Boynton Beach participates in the National Flood Insurance Program and participates in the NFIP's Community Rating System, a voluntary incentive program that recognizes and encourages community floodplain management activities that exceed the minimum program requirements; and WHEREAS, the City of Boynton Beach does not allow placement or installation of manufactured homes in flood hazard areas and has determined that it is appropriate to remove requirements for manufactured homes in flood hazard areas from the floodplain management regulations; and S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Doex Page 680 of 895 31 WHEREAS, the Federal Emergency Management Agency released FEMA Policy #104- 32 008-03 Floodplain Management Requirements for Agricultural Structures and Accessory 33 Structures; and 34 WHEREAS, the City Commission has determined it appropriate to adopt regulations 35 that are consistent with the FEMA Policy to allow issuance of permits for wet floodproofed 36 accessory structures that are not larger than the sizes specified in the FEMA Policy. 37 WHEREAS, the City Commission of the City of Boynton Beach has considered the 38 recommendations and has determined that it is in the best interest of the citizens and 39 residents of the City of Boynton Beach, Florida to approve the amendments to the Land 40 Development Regulations as contained herein. 41 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 42 OF BOYNTON BEACH, FLORIDA, THAT: 43 Section 1. The foregoing whereas clauses are true and correct and are now ratified 44 and confirmed by the City Commission. 45 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1, 46 "General Administration", Article II, Definitions, is hereby amended as follows: 47 Chapter 1. General Administration, Article II. Definitions 48 49 *** *** *** 50 ACCESSORY BUILDING OR STRUCTURE - A detached, subordinate building, the use of 51 which is clearly incidental and related to that of the principal building or use of the land, 52 and which is located on the same lot as that of the principal building or use. Additional 53 design recommendations and/or standards may be applied to the accessory building or 54 structure. See "Flood, Accessory Structure." 55 *** *** *** 2 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Doex Page 681 of 895 56 DEVELOPMENT - A single use or combination of uses, proposed or approved, that may 57 include but not be limited to a single-family subdivision, townhomes, rental apartments, 58 condominiums, public facilities, commercial buildings, shopping centers, or industrial 59 projects, possibly of similar design, constructed as a unified community. Development shall 60 also include the meaning given it in F.S. § 380.04, pursuant to a development order or 61 permit. See "Flood, Development." 62 *** *** *** 63 FLOOD (FLOODING) - A general and temporary condition of partial or complete 64 inundation of normally dry land areas from the overflow of inland or tidal waters or the 65 unusual and rapid accumulation of runoff of surface waters from any source. For purposes 66 of Chapter 4, Article X, Flood Prevention Requirements: 67 1. ACCESSORY STRUCTURE - For the floodplain management purposes, a structure used 68 only for parking and storage that is located on the same parcel of property as a principal 69 structure and the use of which is incidental to the use of the principal structure. Note this 70 only applies to chapter 4 Art X 71 2. � ALTERATION OF A WATERCOURSE - A dam, impoundment, channel relocation, 72 change in channel alignment, channelization, or change in cross-sectional area of the 73 channel or the channel capacity, or any other form of modification which may alter, impede, 74 retard or change the direction and/or velocity of the riverine flow of water during 75 conditions of the base flood. 76 3. 2L. ASCE 24 - A standard titled Flood Resistant Design and Construction that is 77 referenced by the Florida Building Code. ASCE 24 is developed and published by the 78 American Society of Civil Engineers, Reston, VA. 79 4. -3-. BASE FLOOD - A flood having a one percent (1%) chance of being equaled or 80 exceeded in any given year. The base flood is commonly referred to as the "one hundred 81 (100) year flood" or the "one percent (1 %) annual chance flood." 82 5. 4. BASE FLOOD ELEVATION - The elevation of the base flood, including wave height, 83 relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum 84 (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). 85 6. 15, BASEMENT - The portion of a building having its floor subgrade (below ground 86 level) on all sides. 87 7. & BREAKAWAY WALL - A wall that is not part of the structural support of the 88 building and is intended to collapse without causing damage to the elevated portion of the 89 building or the foundation system. 90 8. -7-. COASTAL CONSTRUCTION CONTROL LINE - The line established by the State of 91 Florida pursuant to F.S. § 161.053, and recorded in the official records of the community, 92 which defines that portion of the beach -dune system subject to severe fluctuations based 3 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 682 of 895 93 on a one hundred (100) -year storm surge, storm waves or other predictable weather 94 conditions. 95 9. & COASTAL HIGH HAZARD AREA - A special flood hazard area extending from 96 offshore to the inland limit of a primary frontal dune along an open coast and any other 97 area subject to high velocity wave action from storms or seismic sources. Coastal high 98 hazard areas are also referred to as "high hazard areas subject to high velocity wave action" 99 or "V Zones" and are designated on Flood Insurance Rate Maps (FIRM) as Zone V1 -V30. VE, 100 or V. 101 10. -9-. DESIGN FLOOD - The flood associated with the greater of the following two (2) 102 areas: 1) area with a floodplain subject to a one percent (1%) or greater chance of flooding 103 in any year; or 2) area designated as a flood hazard area on the community's flood hazard 104 map, or otherwise legally designated. 105 11. 44 DESIGN FLOOD ELEVATION - The elevation of the "design flood," including 106 wave height, relative to the datum specified on the community's legally designated flood 107 hazard map. In areas designated as Zone AO, the design flood elevation shall be the 108 elevation of the highest existing grade of the building's perimeter plus the depth number 109 (in feet) specified on the flood hazard map. In areas designated as Zone AO where the 110 depth number is not specified on the map, the depth number shall be taken as being equal 111 to two (2) feet. 112 12. 44- DEVELOPMENT - Any man-made change to improved or unimproved real 113 estate, including but not limited to, buildings or other structures, tanks, temporary 114 structures, temporary or permanent storage of equipment or materials, mining, dredging, 115 filling, grading, paving, excavations, drilling operations or any other land disturbing 116 activities. Note this only applies to chapter 4 Art X 117 13. 4-2L. ENCROACHMENT - The placement of fill, excavation, buildings, permanent 118 structures or other development into a flood hazard area which may impede or alter the 119 flow capacity of riverine flood hazard areas. 120 14. 43-. EXISTING BUILDING and EXISTING STRUCTURE - Any buildings and structures 121 for which the "start of construction" commenced before January 3, 1979. 122 14. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - A manufarct-d-red henge .. 127 1 S. EXPANSION TO AN EXIST-ING MANUPACTURED WOME PARK QP SUBPIVI SON The 130 ef stFeets, and- either final site gFadiRg er the peWiRg ef EeRerete pads). S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 683 of 895 131 1S. 4-& FLOOD DAMAGE -RESISTANT MATERIALS -Any construction material capable of 132 withstanding direct and prolonged contact with floodwaters without sustaining any damage 133 that requires more than cosmetic repair. 134 16. 47L. FLOOD HAZARD AREA - The greater of the following two (2) areas: 1) the area 135 within a floodplain subject to a one percent (1 %) or greater chance of flooding in any year; 136 and/or 2) the area designated as a flood hazard area on the community's flood hazard map, 137 or otherwise legally designated. 138 17. 4-& FLOOD INSURANCE RATE MAP (FIRM) -An official map of a community on 139 which the Federal Emergency Management Agency has delineated both the areas of special 140 flood hazard and the risk premium zones applicable to the community. 141 18. 4$ FLOOD INSURANCE STUDY - The official report provided by the Federal 142 Emergency Management Agency which contains flood profiles, flood boundary-floodway 143 map and water surface elevation of the base flood. 144 19. 2-4. FLOODPLAIN ADMINISTRATOR -The office or position designated and charged 145 with the administration and enforcement of this chapter (may be referred to as the 146 Floodplain Manager). 147 148 149 M. e than A—Re (1) 4)9t 150 22 n ��OpnACHnAE iT AniA�S n nalys,s efthe z� � vrccr�vrrrv,-�-�-Qn 151 152 ; 153 WA_r;,1_ i,rP_.Pse d eRgiReer usiRg standaFd eRgineering etheds -and Y,.,,,d„i� 154 20. 21=�-. FUNCTIONALLY DEPENDENT USE - A use which cannot perform its intended 155 purpose unless it is located or carried out in close proximity to water, including only 156 docking facilities, port facilities that are necessary for the loading and unloading of cargo or 157 passengers, and ship building and ship repair facilities; the term does not include long term 158 storage or related manufacturing facilities. 159 21. 247 HIGHEST ADJACENT GRADE - The highest natural elevation of the ground 160 surface prior to construction next to the proposed walls or foundation of a structure. 161 22. 2-5-. HISTORIC STRUCTURE - Any structure that is determined eligible for the 162 exception to the flood hazard area requirements of the Florida Building Code, Existing 163 Building, Chapter 12 Historic Buildings. 164 23. 2-& LETTER OF MAP CHANGE (LOMC) - An official determination issued by FEMA 165 that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. 166 Letters of Map Change include: 5 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 684 of 895 167 a. LETTER OF MAP AMENDMENT (LOMA) -An amendment based on technical data 168 showing that a property was incorrectly included in a designated special flood hazard 169 area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that 170 a specific property, portion of a property, or structure is not located in a special flood 171 hazard area. 172 b. LETTER OF MAP REVISION (LOMR) - A revision based on technical data that may 173 show changes to flood zones, flood elevations, special flood hazard area boundaries and 174 floodway delineations, and other planimetric features. 175 c. LETTER OF MAP REVISION BASED ON FILL (LOMR-F) - A determination that a 176 structure or parcel of land has been elevated by fill above the base flood elevation and is, 177 therefore, no longer located within the special flood hazard area. In order to qualify for this 178 determination, the fill must have been permitted and placed in accordance with the 179 community's floodplain management regulations. 180 d. CONDITIONAL LETTER OF MAP REVISION (CLOMR) -A formal review and 181 comment as to whether a proposed flood protection project or other project complies with 182 the minimum NFIP requirements for such projects with respect to delineation of special 183 flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or 184 Flood Insurance Study; upon submission and approval of certified as -built documentation, a 185 Letter of Map Revision may be issued by FEMA to revise the effective FIRM. 186 24. 2-7L. LOWEST FLOOR - The lowest floor of the lowest enclosed area of a building or 187 structure, including basement, but excluding any unfinished or flood -resistant enclosure, 188 other than a basement, usable solely for vehicle parking, building access or limited storage 189 provided that such enclosure is not built so as to render the structure in violation of the 190 non -elevation requirements of the Florida Building Code or ASCE 24. 191 25.2-9, MARKET VALUE - The priEe at whiEh a preperty ill change hands between 192 193 h„+h haying r ,hi„ knewledge „f r i,,.,,n+ fpi+� As used in Chapter 4, Article X, the 194 term refers to the market value of buildings and structures, excluding the land and other 195 improvements on the parcel. Market value is the may be established by a qualified 196 iRdependent appFaiseF. Actual Cash Value (in-kind replacement cost depreciated for age 197 wear and tear, neglect, and quality of construction) determined by a qualified independent 198 appraiser, or the ad valorem tax assessment value adjusted to approximate market value by 199 a factor provided by the Property Appraiser. 200 26. 2-9, NEW CONSTRUCTION - For the purposes of administration of Chapter 4, Article 201 X, and the flood resistant construction requirements of the Florida Building Code, structures 202 for which the "start of construction" commenced on or after January 3, 1979 and includes 203 any subsequent improvements to such structures. 6 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 685 of 895 204 39. NEW MANUFACTURED OME PARK (DR SUBDIVISION _ A m n ifacti-ircdheme 205 206utilities, 207 208 EOmpleted„ of+„r i-,r„-Fy 3. 197-9 209 27. 34, SAND DUNES - Naturally occurring accumulations of sand in ridges or mounds 210 landward of the beach. 211 28. -32L. SPECIAL FLOOD HAZARD AREA - Land in the floodplain subject to a one percent 212 (1 %) or greater chance of flooding in any given year. Special flood hazard areas are shown 213 on FIRMS as Zone A, AO, Al, A30, AE, A99, AH, V1, V30, VE or V. 214 29. -3-3-. SUBSTANTIAL DAMAGE - Damage of any origin sustained by a building or 215 structure whereby the cost of restoring the building or structure to its before -damaged 216 condition would equal or exceed 50 percent of the market value of the building or structure 217 before the damage occurred. 218 30. -34. SUBSTANTIAL, IMPROVEMENT - Any repair, reconstruction, alteration, addition, 219 or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) 220 of the market value of the structure before the improvement or repair is started, or if the 221 structure has been damaged and is being restored, before the damage occurred. For the 222 purposes of this definition, "substantial improvement” is considered to occur when the first 223 alteration of any wall, ceiling, floor or other structural part of the building commences, 224 whether or not that alteration affects the external dimensions of the structure. The term 225 does not, however, include (1) Any project for improvement of a building required to 226 correct existing health, sanitary, or safety code violations identified by the building official 227 and that are the minimum necessary to assure safe living conditions, or (2) Any alteration of 228 a historic structure provided the alteration will not preclude the structure's continued 229 designation as a historic structure. 230 31. -3-5-. WATERCOURSE - For the purposes of Chapter 4. Article X, a river, creek, stream, 231 channel or other topographic feature in, on, through, or over which water flows at least 232 periodically. 233 *** *** *** 234 MEAN SEA LEVEL The aveFage elevatien ef the sea fOF all stages ef the tide. The t., is 235 .4th r-A+i„ral .,detiE . + ,i da+ in GVD) 236 *** *** *** 239 *** *** *** S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 686 of 895 240 Sections 3. City of Boynton Beach Land Development Regulations, Chapter 4, 241 Article X, "Flood Prevention Requirements", is hereby amended as follows: 242 Chapter 4, Article X. Flood Prevention Requirements 243 244 Sec. 1. General. 245 A. Short Title. This article shall hereafter be known and cited as the "City Flood 246 Prevention Code." 247 B. Purpose and Intent. The purpose of this article and the flood load and flood resistant 248 construction requirements of the Florida Building Code (FBC) are to establish minimum 249 requirements to safeguard the public health, safety, and general welfare and to minimize 250 public and private losses due to flooding through regulation of development in flood 251 hazard areas to: 252 1. a. Minimize unnecessary disruption of commerce, access, and public service during 253 times of flooding; 254 b. Require the use of appropriate construction practices in order to prevent or 255 minimize future flood damage; 256 c. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, 257 storage of equipment or materials, and other development which may increase flood 258 damage or erosion potential; 259 d. Manage the alteration of flood hazard areas, watercourses, and shorelines to 260 minimize the impact of development on the natural and beneficial functions of the 261 floodplain; 262 e. Minimize damage to public and private facilities and utilities; 263 f. Help maintain a stable tax base by providing for the sound use and development 264 of flood hazard areas; 265 g. Minimize the need for future expenditure of public funds for flood control projects 266 and response to and recovery from flood events; 267 h. Meet the requirements of the National Flood Insurance Program (NFIP) for 268 community participation as set forth in the Title 44 Code of Federal Regulations (44 CFR); 269 and 270 i. To ensure that potential homebuyers are notified that property is in a flood area. 271 2. Methods of Reducing Flood Loss. In order to accomplish its objectives, this article 272 includes methods and provisions that are designed to: 273 a. Restrict or prohibit uses which are dangerous to health, safety and property due to 274 water or erosion hazards, or which result in damaging increases in erosion or in flood 275 heights or velocities; 276 b. Require that uses vulnerable to floods, including facilities which serve such uses, 277 be protected against flood damage at the time of initial construction; 278 c. Control the alteration of natural floodplains, stream channels and natural 279 protective barriers which are involved in the accommodation of flood waters; 8 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 687 of 895 280 d. Control filling, grading, dredging and other development which may increase 281 erosion or flood damage; and 282 e. Prevent or regulate the construction of flood barriers which will unnaturally divert 283 flood waters or which may increase flood hazards to other lands. 284 3. This article is intended to be administered and enforced in conjunction with the 285 Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is 286 referenced in the Florida Building Code. 287 C. Administration. 288 1. Administrator. The Building Official is designated the Floodplain Administrator. The 289 Floodplain Administrator shall have the authority to interpret and administer this article and 290 may delegate performance of certain duties to other employees. The Floodplain 291 Administrator shall have the authority to render interpretations of this article consistent with 292 the intent and purpose of this article and may establish policies and procedures in order to 293 clarify the application of its provisions. Such interpretations, policies, and procedures shall 294 not have the effect of waiving requirements specifically provided in this article without the 295 granting of a variance issued in accordance with Chapter 2, Article IV, Section 4. 296 2. Duties. Duties of the administrator or his designee shall include, but not be limited 297 to: 298 a. Review all development permits to determine whether proposed new 299 development will be located in flood hazard areas to assure that the permit requirements of 300 this article have been satisfied. This includes reviewing applications for modifications of any 301 existing development in flood hazard areas. 302 b. Advise permittee that additional federal or state permits may be required, and if 303 specific federal or state permits are known, require that copies of such permits be provided 304 and maintained on file with the development permit. Such permits include but are not 305 limited to: 306 i. The South Florida Water Management District; section 373.036, F.S. 307 ii. Florida Department of Health for onsite sewage treatment and disposal systems; 308 section 381.0065, F.S. and Chapter 64E-6, F.A.C. 309 iii. Florida Department of Environmental Protection for construction, reconstruction, 310 changes, or physical activities for shore protection or other activities seaward of the coastal 311 construction control line; section 161.141, F.S. 312 iv. Florida Department of Environmental Protection for activities subject to the Joint 313 Coastal Permit: section 161.055, F.S. 314 v. Florida Department of Environmental Protection for activities that affect wetlands 315 and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 316 404 of the Clean Water Act. 317 vi. Federal permits and approvals. 318 c. Notify adjacent communities and the state division of emergency management 319 prior to any alteration or relocation of a watercourse, and submit evidence of such 320 notification to the Federal Emergency Management Agency (FEMA). 321 d. Assure that maintenance is provided within the altered or relocated portion of said 322 watercourse so that the flood -carrying capacity is not diminished. 9 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 688 of 895 323 e. Where interpretation is needed as to the exact location of the boundaries of the 324 areas of special flood hazard (for example, where there appears to be a conflict between a 325 mapped boundary and actual field conditions), the administrator shall make the necessary 326 interpretation. The person contesting the location of the boundary shall be given a 327 reasonable opportunity to appeal the interpretation as provided in Chapter 1, Article VIII, 328 Section 1.D.2. 329 f. Determine whether additional flood hazard data shall be obtained from other 330 sources or shall be developed by an applicant. 331 g. Review applications to determine whether proposed development will be 332 reasonably safe from flooding. 333 h. Issue development permits or approvals for development other than buildings and 334 structures that are subject to the FBC, including buildings, structures and facilities exempt 335 from the FBC, when compliance with this article is demonstrated, or disapprove the same in 336 the event of noncompliance. 337 i. Coordinate with and provide comments to the Building Official to assure that 338 applications, plan reviews, and inspections for buildings and structures in flood hazard areas 339 comply with the applicable provisions of this article. 340 3. Substantial Improvement and Substantial Damage Determinations. For applications 341 for building permits to improve buildings and structures, including alterations, movement, 342 enlargement, replacement, repair, change of occupancy, additions, rehabilitations, 343 renovations, substantial improvements, repairs of substantial damage, and any other 344 improvement of or work on such buildings and structures, the Floodplain Administrator, in 345 coordination with the Building Official, shall: 346 a. Estimate the market value, or require the applicant to obtain an appraisal of the 347 market value prepared by a qualified independent appraiser, of the building or structure 348 before the start of construction of the proposed work; in the case of repair, the market 349 value of the building or structure shall be the market value before the damage occurred and 350 before any repairs are made; 351 b. Compare the cost to perform the improvement, the cost to repair a damaged 352 building to its pre -damaged condition, or the combined costs of improvements and repairs, 353 if applicable, to the market value of the building or structure; 354 c. Determine and document whether the proposed work constitutes substantial 355 improvement or repair of substantial damage; and 356 d. Notify the applicant if it is determined that the work constitutes substantial 357 improvement or repair of substantial damage and that compliance with the flood resistant 358 construction requirements of the FBC and this article is required. 359 4. Modifications of the strict application of the requirements of the Florida Building 360 Code. The Floodplain Administrator shall review requests submitted to the Building Official 361 that seek approval to modify the strict application of the flood load and flood resistant 362 construction requirements of the Florida Building Code to determine whether such requests 363 require the granting of a variance pursuant to Chapter 2, Article IV, Section 4. to S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 689 of 895 364 S. Notice and Orders. The Floodplain Administrator shall coordinate with appropriate 365 local agencies for the issuance of all necessary notices or orders to ensure compliance with 366 this article. 367 6. Inspections. The Floodplain Administrator shall make the required inspections for 368 development that is not subject to the Florida Building Code, including buildings, structures 369 and facilities exempt from the Florida Building Code . The 370 Floodplain Administrator shall inspect flood hazard areas to determine if development is 371 undertaken without issuance of a permit. 372 7. Other Duties. The Floodplain Administrator shall have other duties, including but 373 not limited to: 374 a. Establish, in coordination with the Building Official, procedures for administering 375 and documenting determinations of substantial improvement and substantial damage; 376 b. Require that applicants proposing alteration of a watercourse notify adjacent 377 communities and the Florida Division of Emergency Management, State Floodplain 378 Management Office, and submit copies of such notifications to the Federal Emergency 379 Management Agency (FEMA); 380 c. Require applicants who submit hydrologic and hydraulic engineering analyses to 381 support permit applications to submit to FEMA the data and information necessary to 382 maintain the Flood Insurance Rate Maps (FIRM) if the analyses propose to change base 383 flood elevations, flood hazard area boundaries, or floodway designations; such submissions 384 shall be made within six (6) months of such data becoming available; 385 d. Review required design certifications and documentation of elevations specified 386 by this article and the FBC and this article to determine that such certifications and 387 documentations are complete; 388 e. Notify FEMA when the corporate boundaries of the city are modified; and 389 f. Advise applicants for new buildings and structures, including substantial 390 improvements, that are located in any unit of the Coastal Barrier Resources System 391 established by the Coastal Barrier Resources Act (Pub. L. 97-348) and the Coastal Barrier 392 Improvement Act of 1990 (Pub. L. 101-590 that federal flood insurance is not available on 393 such construction; areas subject to this limitation are identified on the FIRM as "Coastal 394 Barrier Resource System Areas" and "Otherwise Protected Areas." 395 g. Floodplain Management Records. Regardless of any limitation on the period 396 required for retention of public records, the Floodplain Administrator shall maintain and 397 permanently keep and make available for public inspection all records that are necessary for 398 the administration of this article and the flood resistant construction requirements of the 399 FBC, including FIRM; Letters of Map Change; records of issuance of permits and denial of 400 permits; determinations of whether proposed work constitutes substantial improvement or 401 repair of substantial damage; required design certifications and documentation of 402 elevations specified by the FBC and this article: notifications to adjacent communities, 403 FEMA, and the state related to alterations of watercourses; assurances that the flood 404 carrying capacity of altered watercourses will be maintained; documentation related to 405 appeals and variances, including justification for issuance or denial; and records of 406 enforcement actions taken pursuant to this article and the flood resistant construction S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 690 of 895 407 requirements of the FBC. These records shall be available for public inspection at the 408 Development Department. 409 D. Applicability. 410 1. Scope. This article applies to all development of real property located within the 411 city, including areas of special flood hazard. Development shall include but not be limited 412 to the subdivision of land; filling, grading, and other site improvements and utility 413 installations; construction, alteration, remodeling, enlargement, improvement, replacement, 414 repair, relocation or demolition of buildings, structures, and facilities that are exempt from 415 the Florida Building Code; plaEe ent installa+,„r er plaE,,.,. ent „f nn. ufaet„red hens 416 ;;PH m;;A11f;;r-+,1r^d hl-41;^��; installation or replacement of tanks; installation of swimming 417 pools; and any other development. 418 2. Basis for Establishing Flood Hazard Areas. The Flood Insurance Study (FIS) for Palm 419 Beach County, Florida and Incorporated Areas dated October 5, 2017, and all subsequent 420 amendments and revisions, and the accompanying FIRMS, and all subsequent amendments 421 and revisions to such maps, are adopted by reference as a part of this article and shall serve 422 as the minimum basis for establishing flood hazard areas. Studies and maps that establish 423 flood hazard areas are on file in the Development Department at the city. 424 3. Additional Data to Establish Flood Hazard Area. To establish flood hazard areas and 425 base flood elevations pursuant to this article the Floodplain Administrator may require 426 submission of additional data. Where field surveyed topography prepared by a Florida 427 licensed professional surveyor or digital topography accepted by the community indicates 428 that ground elevations: 429 a. Are below the closest applicable base flood elevation, even in areas not delineated 430 as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area 431 and subject to the requirements of this article and, as applicable, the requirements of the 432 FBC. 433 b. Are above the closest applicable base flood elevation, the area shall be regulated 434 as special flood hazard area unless the applicant obtains a Letter of Map Change (LOMC) 435 that removes the area from the special flood hazard area. 436 E. Terms and Definitions. See Chapter 1, Article II for all applicable terms and definitions 437 which pertain to the regulations and standards contained herein. 438 F. Rules. 439 1. Compliance. No structure or land shall hereafter be located, extended, converted, or 440 structurally altered without full compliance with the terms of this article and other 441 applicable regulations. 442 2. Abrogation. This article supersedes any ordinance in effect for management of 443 development in flood hazard areas. However, it is not intended to repeal or abrogate any 444 existing ordinances including but not limited to land development regulations, zoning 445 ordinances, stormwater management regulations, or the FBC. In the event of a conflict 446 between this article and any other ordinance, the more restrictive shall govern. This article 447 shall not impair any deed restriction, covenant or easement, but any land that is subject to 448 such interests shall also be governed by this article. 12 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 691 of 895 449 3. Interpretation. In the interpretation and application of this article all provisions shall 450 be: 451 a. Considered as minimum requirements; 452 b. Liberally construed in favor of the governing body; and 453 c. Deemed neither to limit nor repeal any other powers granted under state statutes. 454 G. Conflict. Whenever the regulations and requirements of this article conflict with any 455 other lawfully enacted and adopted rules, regulations, ordinances, or laws, the most 456 restrictive shall apply, unless otherwise stated herein. The provisions of this article shall not 457 be deemed to nullify any provisions of local, state, or federal law. 458 H. Relief from Requirements. Unless described otherwise, any deviation from the flood 459 prevention regulations contained herein shall require approval of variance application, 460 which is subject to review and approval by the Building Board of Adjustment and 461 Appeals. A request for a variance shall be reviewed in accordance with Chapter 2, Article IV, 462 Section 4. 463 I. Warning and Disclaimer. The degree of flood protection required by this article and 464 the FBC, as amended by this community, is considered the minimum reasonable for 465 regulatory purposes and is based on scientific and engineering considerations. Larger 466 floods can and will occur. Flood heights may be increased by manmade or natural 467 causes. This article does not imply that land outside of mapped special flood hazard areas, 468 or that uses permitted within such flood hazard areas, will be free from flooding or flood 469 damage. The flood hazard areas and base flood elevations contained in the FIS and shown 470 on FIRM and the requirements of 44 CFR may be revised by the FEMA, requiring this 471 community to revise these regulations to remain eligible for participation in the NFIP. No 472 guaranty of vested use, existing use, or future use is implied or expressed by compliance 473 with this article. This article shall not create liability on the part of the city or by any officer 474 or employee thereof for any flood damage that results from reliance on this article or any 475 administrative decision lawfully made thereunder. 476 477 Sec. 2. City Approval Required. 478 Any owner or owner's authorized agent who intends to undertake any development 479 activity within the scope of this article, which is wholly within or partially within any flood 480 hazard area shall first make application to the Floodplain Administrator or designee and 481 shall obtain the required permit(s) and approval(s). No such permit or approval shall be 482 issued until compliance with the requirements of this article and all other applicable codes 483 and regulations has been satisfied. Flood zone elevation certification shall be required for 484 improvements in applicable flood zones, and reviewed in accordance with the procedures 485 set forth in Chapter 2, Article IV, Section 2 for any type of building permit application that 486 upon its completion, would result in the issuance of a certificate of occupancy. With respect 487 to building and land development permits, the site plan or construction documents for any 488 development subject to the requirements of this article shall be drawn to scale and shall 489 include, as applicable to the proposed development: 490 A. Development in Flood Hazard Areas. 13 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 692 of 895 491 1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base 492 flood elevation(s), and ground elevations if necessary for review of the proposed 493 development. 494 2. Where base flood elevations, or floodway data are not included on the FIRM or in 495 the FIS, they shall be established in accordance with Section 2.B. or Section 2.C. below. 496 3. Where the parcel on which the proposed development will take place will have more 497 than fifty (50) lots or is larger than five (5) acres and the base flood elevations are not 498 included on the FIRM or in the FIS, such elevations shall be established in accordance with 499 Section 2.B. below. 500 4. Location of the proposed activity and proposed structures, and locations of existing 501 buildings and structures; in coastal high hazard areas, new buildings shall be located 502 landward of the reach of mean high tide. 503 S. Location, extent, amount, and proposed final grades of any filling, grading, or 504 excavation. 505 6. Where the placement of fill is proposed, the amount, type, and source of fill material; 506 compaction specifications; a description of the intended purpose of the fill areas; and 507 evidence that the proposed fill areas are the minimum necessary to achieve the intended 508 purpose. 509 7. Delineation of the Coastal Construction Control Line (CCCL) or notation that the site 510 is seaward of the coastal construction control line, if applicable. 511 8. Extent of any proposed alteration of sand dunes or mangrove stands, provided such 512 alteration is approved by the Florida Department of Environmental Protection. 513 9. Existing and proposed alignment of any proposed alteration of a watercourse. 514 The Floodplain Administrator is authorized to waive the submission of site plans, 515 construction documents, and other data that are required by this article, but that are not 516 required to be prepared by a registered design professional if it is found that the nature of 517 the proposed development is such that the review of such submissions is not necessary to 518 ascertain compliance with this article. 519 B. Information in Flood Hazard Areas without Base Flood Elevations (Approximate Zone 520 A). Where flood hazard areas are delineated on the FIRM and base flood elevation data 521 have not been provided, the Floodplain Administrator shall: 522 1. Require the applicant to include base flood elevation data prepared in accordance 523 with currently accepted engineering practices. 524 2. Obtain, review, and provide to applicant's base flood elevation and floodway data 525 available from a federal or state agency or other source or require the applicant to obtain 526 and use base flood elevation and floodway data available from a federal or state agency or 527 other source. 528 3. Where base flood elevation and floodway data are not available from another 529 source, where the available data are deemed by the Floodplain Administrator to not 530 reasonably reflect flooding conditions, or where the available data are known to be 531 scientifically or technically incorrect or otherwise inadequate: 532 a. Require the applicant to include base flood elevation data prepared in accordance 533 with currently accepted engineering practices; or 14 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 693 of 895 534 b. Specify that the base flood elevation is two (2) feet above the highest adjacent 535 grade at the location of the development, provided there is no evidence indicating flood 536 depths have been or may be greater than two (2) feet. 537 4. Where the base flood elevation data are to be used to support a LOMC from FEMA, 538 advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a 539 format required by FEMA, and that it shall be the responsibility of the applicant to satisfy 540 the submittal requirements and pay the processing fees. 541 C. Additional Analyses and Certifications. As applicable to the location and nature of the 542 proposed development activity, and in addition to the requirements of this section, the 543 applicant shall have the following analyses signed and sealed by a Florida licensed engineer 544 for submission with the site plan and construction documents: 545 1. For development activities proposed to be located in a regulatory floodway, a 546 floodway encroachment analysis that demonstrates that the encroachment of the proposed 547 development will not cause any increase in base flood elevations; where the applicant 548 proposes to undertake development activities that do increase base flood elevations, the 549 applicant shall submit such analysis to FEMA as specified in Section 2. C. 6. below and shall 550 submit the Conditional Letter of Map Revision (CLOMR), if issued by FEMA, with the site 551 plan and construction documents. 552 2. For development activities proposed to be located in a riverine flood hazard area for 553 which base flood elevations are included in the FIS or on the FIRM and floodways have not 554 been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative 555 effect of the proposed development, when combined with all other existing and anticipated 556 flood hazard area encroachments, will not increase the base flood elevation more than one 557 (1) foot at any point within the community. This requirement does not apply in isolated 558 flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas 559 identified as Zone AO or Zone AH. 560 3. Where small streams exist, but where no base flood data has been provided or 561 where no floodways have been provided, no encroachments, including fill material or 562 structures, shall be located within a distance of the stream bank equal to five (5) times the 563 width of the stream at the top of bank or twenty (20) feet on each side from top of bank, 564 whichever is greater, unless certification by a Florida registered engineer is provided 565 demonstrating that such encroachments will not result in any increase in flood levels during 566 the occurrence of the base flood discharge. 567 4. For alteration of a watercourse, an engineering analysis prepared in accordance with 568 standard engineering practices which demonstrates that the flood -carrying capacity of the 569 altered or relocated portion of the watercourse will not be decreased, and certification that 570 the altered watercourse shall be maintained in a manner which preserves the channel's 571 flood -carrying capacity; the applicant shall submit the analysis to FEMA as specified in 572 Section 2. C. 6. below. 573 5. For activities that propose to alter sand dunes or mangrove stands in coastal high 574 hazard areas (Zone V), an engineering analysis that demonstrates that the proposed 575 alteration will not increase the potential for flood damage. 576 6. When additional hydrologic, hydraulic or other engineering data, studies, and 577 additional analyses are submitted to support an application, the applicant has the right to 15 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 694 of 895 578 seek a Letter of Map Change from FEMA to change the base flood elevations, change 579 floodway boundaries, or change boundaries of flood hazard areas shown on FIRMS, and to 580 submit such data to FEMA for such purposes. The analyses shall be prepared by a Florida 581 licensed engineer in a format required by FEMA. Submittal requirements and processing 582 fees shall be the responsibility of the applicant. 583 584 Sec. 3. Minimum Finished Floor Elevation (Non -Flood Hazard Area). 585 The finished floor elevation of all habitable space of new construction not located in a flood 586 hazard area shall be elevated a minimum of twelve (12) inches above the average crown 587 height of the adjacent roadway. The finished floor elevation of all habitable space of 588 building additions and/or substantial improvements not located in a flood hazard area shall 589 be no lower than the existing finished floor elevation. 590 591 Sec. 4. Minimum Lowest Floor in Areas of Indeterminate Drainage (Zone AO). 592 In areas of indeterminate drainage subject to sheet flow (Zone AO), lowest floors shall be at 593 or above the elevation specified in the Florida Building Code or at least 2 feet above the 594 average crown of road, whichever is higher. 595 596 Sec. 5. Specific Requirements by Type of Improvement or Development. 597 A. Site Improvements, Utilities and Limitations. 598 1. General. All proposed new development shall be reviewed to determine that: 599 a. Such proposals are consistent with the need to minimize flood damage and will be 600 reasonably safe from flooding; 601 b. All public utilities and facilities such as sewer, gas, electric, communications, and 602 water systems are located and constructed to minimize or eliminate flood damage; and 603 c. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH 604 and AO, adequate drainage paths shall be provided to guide floodwaters around and away 605 from proposed structures. 606 2. Sanitary Sewage Facilities. All new and replacement sanitary sewage facilities, 607 private sewage treatment plants (including all pumping stations and collector systems), and 608 on-site waste disposal systems shall be designed in accordance with the standards for 609 onsite sewage treatment and disposal systems in FAC Chapter 64E-6 and ASCE 24, Chapter 610 7 to minimize or eliminate infiltration of floodwaters into the facilities and discharge from 611 the facilities into floodwaters, and impairment of the facilities and systems. 612 3. Water Supply Facilities. All new and replacement water supply facilities shall be 613 designed in accordance with the water well construction standards in FAC Chapter 62- 614 532.500 and ASCE 24, Chapter 7 to minimize or eliminate infiltration of floodwaters into the 615 systems. 616 4. Limitations on Placement of Fill. Subject to the limitations of this article, fill shall be 617 designed to be stable under conditions of flooding including rapid rise and rapid drawdown 618 of floodwaters, prolonged inundation, and protection against flood -related erosion and 619 scour. In addition to these requirements, if intended to support buildings and structures 620 (Zone A only), fill shall comply with the requirements of the FBC. 16 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 695 of 895 621 S. Limitations on Sites in Regulatory Floodways. No development, including but not 622 limited to site improvements, and land disturbing activity involving fill or regrading, shall be 623 authorized in the regulatory floodway unless the floodway encroachment analysis required 624 in Section 2.C.1 of this article demonstrates that the proposed development or land 625 disturbing activity will not result in any increase in the base flood elevation. 626 B. Subdivision Standards. 627 1. General. The following provisions shall apply for all subdivision proposals: 628 a. All subdivision proposals shall be consistent with the need to minimize flood 629 damage. 630 b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, 631 electrical and water systems located and constructed to minimize flood damage. 632 c. All subdivision proposals shall have adequate drainage provided to reduce 633 exposure to flood hazards. 634 d. Base flood elevation data shall be provided for subdivision proposals and other 635 proposed development which contains more than fifty (50) lots or is larger than five (5) 636 acres. 637 e. Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH 638 and AO, adequate drainage paths shall be provided to guide floodwaters around and away 639 from proposed structures. 640 2. Subdivision Plats. Where any portion of proposed subdivisions, including 641 manufactured home parks and subdivisions, lies within a flood hazard area, the following 642 shall be required: 643 a. Delineation of flood hazard areas, floodway boundaries and flood zones, and 644 design flood elevations, as appropriate, shall be shown on preliminary plats; 645 b. Where the subdivision has more than fifty (50) lots or is larger than five (5) acres 646 and base flood elevations are not included on the FIRM, the base flood elevations 647 determined in accordance with the requirements contained herein; and 648 c. Compliance with the site improvement and utilities requirements contained herein 649 of this article. 650 C. Manufactured Homes. 651 1—=GManufactured homes, as defined in Chapter 1, Article II, Definitions, are not 652 permitted in flood hazard areas. All rr, „fa,-+UFed h.,nges ipsta P-d it f'E)E) d haEar-I areas 653 shall -he imrstalled by an *Ar-#-A11P-.r that- is licensed pursuant to F.S. § 320.8249, and shall EE)Mply 654 655 656 appliEable r nts 657 658 659 a. I.P. f1Aed ha-zarda Feas (ZeRe A) etheF +haR c +aI hug h;,-;,rd areas, a e desi.,r,..J 660 It Pe pd--Atie.ps fnr PA-An� f-aetured he.m.es s l iect to Coe+ien r G, holew Are 661 t� $-�i-rt�En.. rvcmc�ucrvrrTcccn caTrvrrrc� �'uJc c c cv �c c crorr�vvcn�vv-crrc 662 g-er.rnitte d to he reipfrerced suers er ether fe- pdo+ie—A ele.m.ep+c .,f at least teq uiyaleRt 663 streRgtr 17 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 696 of 895 664 h. ITEeas+^ 2ameas- (Zone V) are designedin -;;rE6,—^Rr-e with the 665 feHRdatieR FeElHiFeRgents ef the FBC, ResideRtial SeEtieR R322.3 666 667 668 669 670 671 appliEable state and IE)E ,i ,.heFiRg r RtS fee , Rd F i5ta Ee 672 673 shall Eelywith SeEtien S.C.S.SeEt+en S.C.6. bole °, as appliEable. 674 . 675 , eF substantially impreyed en sites 676 ; 677 ; 678 subdivisien7 679 " as the result Ref a fleed, shall -be 680 681 682 SeEtf9n R322.3 (Zene V) 683 684 , 685 686 ip -;;n existing manufar-A-Wed heme park er subdivisien, unless en a site where 687 . •" a. - 6•0 • 692 eleeirRepts ef at least equivalept strepgth that are met less thap thirty SiX (36) hemig4t 693 abeve grade. 696 U&A 697 9. Utility Equipment. Utility equipment that sperves M.aA'_IfaEtHFed hemes, inEluding 698 eleEtFiE, heating, ventilatien, plumbing, and aiF EOnditiening equipment and ether servi 699 faEilities, shall EE)R9ply With the FeqHiFements ef the FBC, Residential SeEtien R322, as 700 appliEable to the fleed— hazard 701 D. Tanks. 702 1. Underground Tanks. Underground tanks in flood hazard areas shall be anchored to 703 prevent flotation, collapse or lateral movement resulting from hydrodynamic and 704 hydrostatic loads during conditions of the design flood, including the effects of buoyancy 705 assuming the tank is empty. is S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 697 of 895 706 2. Above -Ground Tanks, Not Elevated. Above -ground tanks that do not meet the 707 elevation requirements of Section 5.D.3. below shall: 708 a. Be permitted in flood hazard areas (Zone A) other than coastal high hazard areas, 709 provided the tanks are anchored or otherwise designed and constructed to prevent 710 flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads 711 during conditions of the design flood, including the effects of buoyancy assuming the tank 712 is empty and the effects of flood -borne debris. 713 b. Not be permitted in coastal high hazard areas (Zone V). 714 3. Above -Ground Tanks, Elevated. Above -ground tanks in flood hazard areas shall be 715 attached to and elevated to or above the design flood elevation on a supporting structure 716 that is designed to prevent flotation, collapse or lateral movement during conditions of the 717 design flood. Tank -supporting structures shall meet the foundation requirements of the 718 applicable flood hazard area. 719 4. Tank Inlets and Vents. Tank inlets, fill openings, outlets and vents shall be: 720 a. At or above the design flood elevation or fitted with covers designed to prevent 721 the inflow of floodwater or outflow of the contents of the tanks during conditions of the 722 design flood; and 723 b. Anchored to prevent lateral movement resulting from hydrodynamic and 724 hydrostatic loads, including the effects of buoyancy, during conditions of the design flood. 725 E. Buildings and Structures. 726 1. Buildings, structures, and facilities that are exempt from the Florida Building Code. 727 Buildings, structures, and facilities that are exempt from the Florida Building Code, including 728 substantial improvement or repair of substantial damage of such buildings, structures and 729 facilities, shall be designed and constructed in accordance with the flood load and flood 730 resistant construction requirements of ASCE 24. Structures exempt from the Florida Building 731 Code that are not walled and roofed buildings shall comply with the requirements of 732 Section 5.F below. 733 2. Buildings and structures seaward of the coastal construction control line. If 734 extending, in whole or in part, seaward of the coastal construction control line and also 735 located, in whole or in part, in a flood hazard area: 736 a. Buildings and structures shall be designed and constructed to comply with the 737 more restrictive applicable requirements of the Florida Building Code, Building Section 3109 738 and Section 1612 or Florida Building Code, Residential Section R322. 739 b. Minor structures and non -habitable major structures as defined in section 161.54, 740 F.S., shall be designed and constructed to comply with the intent and applicable provisions 741 of this ordinance and ASCE 24. 742 3. Accessory structures. Accessory structures are permitted below the base flood 743 elevation provided the accessory structures are used only for parking or storage and: 744 a. If located in special flood hazard areas (Zone A/AE) other than coastal high hazard 745 areas, are one-story and not larger than 600 sq. ft. 746 b. If located in special flood hazard areas (Zone A/AE) other than coastal high hazard 747 areas, have flood openings in accordance with Section R322.2 of the Florida Building Code, 19 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 698 of 895 748 Residential. 749 c. If located in coastal high hazard areas (Zone VNE), are not located below elevated 750 buildings and are not larger than 100 sq. ft. 751 d. Are anchored to resist flotation, collapse or lateral movement resulting from flood 752 loads. 753 e. Have flood damage -resistant materials used below the base flood elevation plus 754 one (1) foot. 755 f. Have mechanical, plumbing and electrical systems, including plumbing fixtures, 756 elevated to or above the base flood elevation plus one (1) foot. 757 758 F. Other Development. 759 1. General Requirements for Other Development. All development, including man - 760 made changes to improved or unimproved real estate for which specific provisions are not 761 specified in this article or the Florida Building Code, shall: 762 a. Be located and constructed to minimize flood damage; 763 b. Meet the limitations of Section 5.A.5 of this article if located in a regulated 764 floodway: 765 c. Be anchored to prevent flotation, collapse or lateral movement resulting from 766 hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; 767 d. Be constructed of flood damage -resistant materials; and 768 e. Have mechanical, plumbing, and electrical systems above the design flood 769 elevation or meet the requirements of ASCE 24, except that minimum electric service 770 required to address life safety and electric code requirements is permitted below the design 771 flood elevation provided it conforms to the provisions of the electrical part of building code 772 for wet locations. 773 2. Fences in Regulated Floodways. Fences in regulated floodways that have the 774 potential to block the passage of floodwaters, such as stockade fences and wire mesh 775 fences, shall meet the limitations of Section 5.A.5 of this article. 776 3. Retaining Walls, Sidewalks and Driveways in Regulated Floodways. Retaining walls 777 and sidewalks and driveways that involve the placement of fill in regulated floodways shall 778 meet the limitations of Section 5.A.5 of this article. 779 4. Roads and Watercourse Crossings in Regulated Floodways. Roads and watercourse 780 crossings, including roads, bridges, culverts, low-water crossings and similar means for 781 vehicles or pedestrians to travel from one side of a watercourse to the other side, that 782 encroach into regulated floodways shall meet the limitations of Section 5.A.5 of this article. 783 Alteration of a watercourse that is part of a road or watercourse crossing shall meet the 784 requirements of Section 2.C.1 of this article, 785 S. Concrete Slabs Used as Parking Pads, Enclosure Floors, Landings, Decks, Walkways, 786 Patios and Similar Nonstructural Uses in Coastal High Hazard Areas (Zone V). In coastal high 787 hazard areas, concrete slabs used as parking pads, enclosure floors, landings, decks, 20 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 699 of 895 788 walkways, patios and similar nonstructural uses are permitted beneath or adjacent to 789 buildings and structures provided the concrete slabs are designed and constructed to be: 790 a. Structurally independent of the foundation system of the building or structure; 791 b. Frangible and not reinforced, so as to minimize debris during flooding that is 792 capable of causing significant damage to any structure; and 793 c. Have a maximum slab thickness of not more than four (4) inches. 794 6. Decks and Patios in Coastal High Hazard Areas (Zone V). In addition to the 795 requirements of the Florida Building Code, in coastal high hazard areas decks and patios 796 shall be located, designed, and constructed in compliance with the following: 797 a. A deck that is structurally attached to a building or structure shall have the bottom 798 of the lowest horizontal structural member at or above the design flood elevation and any 799 supporting members that extend below the design flood elevation shall comply with the 800 foundation requirements that apply to the building or structure, which shall be designed to 801 accommodate any increased loads resulting from the attached deck. 802 b. A deck or patio that is located below the design flood elevation shall be 803 structurally independent from buildings or structures and their foundation systems, and 804 shall be designed and constructed either to remain intact and in place during design flood 805 conditions or to break apart into small pieces to minimize debris during flooding that is 806 capable of causing structural damage to the building or structure or to adjacent buildings 807 and structures. 808 c. A deck or patio that has a vertical thickness of more than twelve (12) inches or that 809 is constructed with more than the minimum amount of fill necessary for site drainage shall 810 not be approved unless an analysis prepared by a qualified registered design professional 811 demonstrates no harmful diversion of floodwaters or wave runup and wave reflection that 812 would increase damage to the building or structure or to adjacent buildings and structures. 813 d. A deck or patio that has a vertical thickness of twelve (12) inches or less and that is 814 at natural grade or on nonstructural fill material that is similar to and compatible with local 815 soils and is the minimum amount necessary for site drainage may be approved without 816 requiring analysis of the impact on diversion of floodwaters or wave runup and wave 817 reflection. 818 7. Other Development in Coastal High Hazard Areas (Zone V). In coastal high hazard 819 areas, development activities other than buildings and structures shall be permitted only if 820 also authorized by the appropriate federal, state or local authority; if located outside the 821 footprint of, and not structurally attached to, buildings and structures; and if analyses 822 prepared by qualified registered design professionals demonstrate no harmful diversion of 823 floodwaters or wave runup and wave reflection that would increase damage to adjacent 824 buildings and structures. Such other development activities include but are not limited to: 825 a. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control 826 structures; 827 b. Solid fences and privacy walls, and fences prone to trapping debris, unless 828 designed and constructed to fail under flood conditions less than the design flood or 829 otherwise function to avoid obstruction of floodwaters; and 21 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 700 of 895 830 c. On-site sewage treatment and disposal systems defined in 64E-6.002, F.A.C., as 831 filled systems or mound systems. 832 8. Nonstructural Fill in Coastal High Hazard Areas (Zone V). In coastal high hazard 833 areas: 834 a. Minor grading and the placement of minor quantities of nonstructural fill shall be 835 permitted for landscaping and for drainage purposes under and around buildings. 836 b. Nonstructural fill with finished slopes that are steeper than one unit vertical to five 837 units horizontal shall be permitted only if an analysis prepared by a qualified registered 838 design professional demonstrates no harmful diversion of floodwaters or wave runup and 839 wave reflection that would increase damage to adjacent buildings and structures. 840 c. Where authorized by the Florida Department of Environmental Protection or 841 applicable local approval, sand dune construction and restoration of sand dunes under or 842 around elevated buildings are permitted without additional engineering analysis or 843 certification of the diversion of floodwater or wave runup and wave reflection if the scale 844 and location of the dune work is consistent with local beach -dune morphology and the 845 vertical clearance is maintained between the top of the sand dune and the lowest horizontal 846 structural member of the building. 847 848 Sec. 6. Appeals. 849 The Building Board of Adjustment and Appeals shall hear and decide on requests for 850 appeals from the strict application of this article and of the flood resistant construction 851 requirements of the FBC, excluding Section 3109 or latest supplement thereof. 852 853 Sec. 7. Penalties. 854 The city or any other legal authority shall enforce any violation of this article pursuant to 855 the penalty provisions contained in Chapter 1, Article I, Section 7 of these Land 856 Development Regulations. 857 858 Section 4. Each and every other provision of the Land Development Regulations 859 not herein specifically amended, shall remain in full force and effect as originally adopted. 860 Section 5. All laws and ordinances applying to the City of Boynton Beach in 861 conflict with any provisions of this ordinance are hereby repealed. 862 Section 6. Should any section or provision of this Ordinance or any portion 863 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 864 affect the remainder of this Ordinance. 22 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx Page 701 of 895 865 Section 7. Authority is hereby given to codify this Ordinance. 866 Section 8. This Ordinance shall become effective immediately. 867 FIRST READING this 19th day of October, 2021. 868 SECOND, FINAL READING AND PASSAGE this day of , 2021. 869 CITY OF BOYNTON BEACH, FLORIDA 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 ATTEST: 885 886 887 888 Crystal Gibson, MMC 889 City Clerk 890 891 892 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga VOTE 23 S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And 4 Flood Prevention) - Ordinance.Docx YES NO Page 702 of 895 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING TO: Chair and Members Planning & Development Board FROM: John Kuntzman Building Official THROUGH: Michael Rumpf Planning and Zoning Administrator DATE: September 24, 2021 RE: Flood Mitigation & CRS Rating (CDRV 21-002) - Approve proposed amendments to the Land Development Regulations, Chapter 1. General Administration, Article II. Definitions, and Chapter 4. Site Development Standards, Article X. Flood Prevention Standards necessary to maintain compliance with FEMA requirements and to maximize the City's CRS rating score. Applicant: City initiated. EXPLANATION The Community Rating System (CRS) is a voluntary program that provides reductions in flood insurance premiums for policy holders in Special flood Hazard Areas located within CRS communities. The City of Boynton Beach recently underwent a CRS audit, and through the collective efforts of Public Works, Utilities and the Building Departments we were elevated from a class 6 to a class 5 rating. This further improvement in the City's rating resulted in a 25% discount floor insurance rates for policy holders in the SFHA. Two terms and definitions that help further describe this system of flood damage reduction are as follows: • Special Flood Hazard Area - The base floodplain delineated on a Flood Insurance Rate Map that a community must regulate under the requirements of the National Flood Insurance Program. These zones are mapped as zones A, AE, AO and AH; and • Non -Special Flood Hazard Areas - Areas of moderate to minimal flood hazard. These zones are mapped as zones B, C and X. In June 2020, FEMA announced a new prerequisite for CRS communities to obtain, maintain or exceed a Class 8 rating. This requirement is that each community must adopt and enforce at least a one -foot "freeboard" for all new residential buildings and substantial improvements and repairs of substantially damaged residential buildings. "Freeboard" is the term that represents the additional required height above the minimum Base Flood Elevation (BFE) as established by FEMA. The City has had a freeboard requirement in place for several years, requiring a minimum of 1 foot added to the minimum finished floor height. The requirement applies to manufactured homes, single family homes, multi -family buildings, machinery and Page 703 of 895 WH Update (CDRV 19-008) Memo PZ No. 19-033 equipment such as air conditioners, water heaters and generators, and attached garages and enclosures. Additional descriptions of these terms required by FEMA are as follows. • Freeboard — Is considered a margin of safety added to the Base flood Elevation; and • Base Flood Elevation - The elevation of the crest of the base or 1% annual chance flood (also known as the 100 -year flood). To maintain consistency with the requirements of FEMA, and to keep striving to maximize the City's CRS rating, staff proposes amendments to the Land Development Regulations, Chapter 1, Article 11. Definitions, and Chapter 4, Article X. Flood Prevention Requirements. The amendments are summarized as follows in bullet format: • Adoption of a definition for Accessory Structure and differentiating it from the existing term and definition applicable to the Zoning Regulations. The new definition and proposed amendments to Article X satisfies the requirements of FEMA as well as maintains provisions (i.e. exemption) for certain eligible structures within a Special Flood Hazard Areas; • Removal of provisions for, and prohibiting the placement of manufactured homes within the Special Flood High Areas. FEMA does not prohibit mobile homes from the subject areas; however, FEMA incentivizes the prohibition by offering greater points in the CRS score; • Removal of terms referencing "Floodway'. The removal of these long-standing terms is a "house -keeping action, as no areas in the City qualify as "Floodways" according to FEMA standards and regulatory system; and • Editing the definition for Market Value, again, for consistency with FEMA's definition. The City has reviewed these proposed amendments with the State Floodplain Office, to confirm consistency with FEMA policies and requirements. The proposed amendments are included in Exhibit "A", shown as crossed -out and underlined text, taken from the City's Code of Ordinances, Part III. Land Development Regulations, Chapter 1. General Administration, Article 11. Definitions, and Chapter 4. Site Development Standards, Article X. Flood Prevention Standards. CONCLUSION/RECOMMENDATION Therefore, staff recommends that the Board support the subject amendments to the City's Land Development Regulations within Chapter 1, Article 11. Definitions, and Chapter 4, Article X. Flood Prevention Requirements. It's important to note that failure to adopt these regulations will result in a lower Community Rating System (CRS) score, and the consequence of a decrease in the discount currently received by flood insurance policy holders. In quantifiable terms, the consequence would result in the drastic reduction to a class 9 CRS score, and reduced flood insurance discounts from 25 percent to 5 percent for policy holders in Special Flood Hazard Areas. -2- Page 704 of 895 City Manager's Report 11/16/2021 Requested Action by Commission: Hear a Presentation by Dr. Susannah Bruns Ali, Ph. D., Associate Professor, Department of Public Policy and Administration, Florida International University. Proposed Resolution No. R21-163 - Accept the recommendations of the Diversity and Equity Internal Systems Benchmarking Report. Explanation of Request: In July 2020, the Boynton Beach City Commission approved the creation of a Task Force to address racial and social equity in the City. Through a partnership with Florida International University, the City is undertaking a comprehensive approach to equality and is developing a community needs assessment that will render a racial and social equity strategy with policies and actions focused on healthcare, education, housing, public safety, economic opportunity. In addition, the City is reviewing its internal systems, policies, and processes to establish the capacity to assess, implement, and monitor the racial and social equity strategy and foster a culture of diversity and inclusion. The internal assessment is an overarching review of the City's policies, processes, and safeguards that will ensure and enhance a culture of diversity, equity and inclusion within the City. The City's current practices were benchmarked against national best practices and then recommendations and action plans were developed for consideration. How will this affect city programs or services? The work will focus on fundamental principles, knowledge, tools, and best practices for developing diversity -focused, equity -conscious, culturally sensitive, competent, and responsible public leaders. It will also emphasize cultivating and sustaining an organizational environment and climate of diversity, equity and inclusion. Fiscal Impact: Policy recommendations will be evaluated for fiscal impact. Alternatives: N/A Strategic Plan: Building Wealth in the Community, High Performing Organization Strategic Plan Application: The initiative will support the racial and social equity strategy and foster a culture of diversity and inclusion. Climate Action Application: N/A Is this a grant? Page 705 of 895 Grant Amount: Attachments: Type D Resolution D Altachirneint D Altachirneint Description FResolubloin accelpblngrecoiiTiirneindabloins of the [liveirsity aind Equity II inleirinal Systern,'." Bei nchirnairklingIf Repoirl F::]L.J Piresn,.;intafion Div(.,,rsity airidIi:::: quH,y II inteirinal Sys k..'.1irns Repoiri Page 706 of 895 I RESOLUTION R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE 5 DIVERSITY AND EQUITY INTERNAL SYSTEMS 6 BENCHMARKING REPORT; AND PROVIDING AN EFFECTIVE 7 DATE. 8 9 10 WHEREAS, in July 2020, the Boynton Beach City Commission approved the creation of 11 a Task Force to address racial and social equity in the City; and 12 WHEREAS, through a partnership with Florida International University, the City is 13 undertaking a comprehensive approach to equality and is developing a community needs 14 assessment that will render a racial and social equity strategy with policies and actions focused 15 on healthcare, education, housing, public safety, economic opportunity; and 16 WHEREAS, the City is also reviewing its internal systems, policies, and processes to establish 17 the capacity to assess, implement, and monitor the racial and social equity strategy and foster a culture 18 of diversity and inclusion; and 19 WHEREAS, The internal assessment is an overarching review of the City's policies, 20 processes, and safeguards that will ensure and enhance a culture of diversity, equity and 21 inclusion within the City; and 22 WHEREAS, the City Commission of the City of Boynton Beach deems it in the best 23 interest of the citizens and residents of the City to accept the recommendations of the Diversity 24 and Equity Internal Systems Benchmarking Report. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Accepting recommentations of Benchmarking Report - Reso.docx 1 Page 707 of 895 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 31 accept the recommendations of the Diversity and Equity Internal Systems Benchmarking 32 Report, a copy of which is attached hereto as Exhibit "A". 33 Section 3. This Resolution will become effective immediately upon passage. 34 PASSED AND ADOPTED this 16th day of November, 2021. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ATTEST: 51 52 53 54 Crystal Gibson, MMC 55 City Clerk 56 57 58 59 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga S:\CA\RESO\Accepting recommentations of Benchmarking Report - Reso.docx 2 VOTE YES NO Page 708 of 895 4-0 E C/) U) C: O A-0 m � r � E o4-0WC: C: 4-j C: �o > CU cn C: O U) A-0.0 U) o E O 4-0 0 CN >_ o co o m C)- (1) o U o'LL z co 4- 0 CD a� cm m a_ •V C CIO ate, L UO.QO N �� L -4 0 0-0 O C O 4 N C L > a--� Q (n U) -0 Co (n � O N M N O U U Co " Co ~ .N �' U>, 0) cn N Fn cu U Co O c6 C O C •— Q Q a) � O cB }, U) O 0 U) " cn Q -o +� U) � U) OL. .0 - 0 p }' �, }' U a) a) L) cn C co a) - a) -0 E C � Co O m L a) W Q) C . — U O (a mt O O� � V �✓ > N a) O .M U 0 C6 .� 0-O r�R c6 a) co +- -0 U) U U N A Ocn O CU tOn N tf— U) / C >O p Q .0 V a) FU 0C.) a) >, +� C L 0- Q Q 00- c6 — O 0 a) > L O m > O cn Co Co- 'v cn -0±' O O U) V O U U O N CO O � U N_ -0 U) a) N C >, O = E (n E~ O N L L U V N O O coH E j,L � O 0) CO -0 0U 0 U E a)a) U C U OU C _N O U N L O a) a) C: E L N 3: C C 4 > Ccn c� }' }' O C C U a) .> 0 m07 � co a) = .� � (D U) C ca c� +� � ca � = -0 ) O E U cn a) O a) O O _ (_6 C 0� a) a)� 4-0L C L m O 0 C U C O C L a) N� C « C U O 70 m /� Co _' U) U) U cn +.' U) 4-0 U) y U W ca U a) a) i cn U) (n o o a) _ V / co a) (n U)>, � c� U) %4.- > Q O+- c • > -1—m +� L CN uj C += S C= E p� C >, j O ��E �a)0 �(D>Em70M� -0 •E O (6 = N C Z) U a) cu 0 m 0 U cn 70� a) co 4- 0 CD a� cm m a_ co � •� N N (o N N (n E (n > Co (o p E : cm: N O O c� 0.0 O O N �•� > 4O ._ O N - N E c U40-- 0 (n +- O cu > N O " E E Q C •(A •� += O co N O X C O\ E O O 0a) m CCo o TLS /L) �O O N >> O +, Z3(6 N O cn v U + U O a) N cn o a _o U cn o co • o 4-1o ��_ �� ^' O i N N }� E (� N�� E -CiL X L O v U) o cow -Cw �� U U O }' U O C%) OU OOCU can) co .� }, = CT >, cn !� 0-� N N N V :1 U) C N N 0)N 44..U) U 0)N� U U N N C •CU C: O Z O U C: c E N O •tn N LL N C UUO �.�U) co 4- 0 a� cm m a_ C: 4-0 N E cn U) cn (n cn cn O cn Q U) Q L O CL O U }, U) U Q . [!IV ril W 0 U) U) U O L cn C: U. N � �0 .•V �O N U) E O 2� c m cn (n O . U }'�.Qco N N E cl m � Coco N N Zca()E co 0 N ti a� cm m 0- cn c O W Q 0 C: O_ to U) cn D O _0 U) Co cn2 co w U E U .— }' c: E i O o � CU Q Z a Q [!IV ril W 0 U) U) U O L cn C: U. N � �0 .•V �O N U) E O 2� c m cn (n O . U }'�.Qco N N E cl m � Coco N N Zca()E co 0 N ti a� cm m 0- co 0 M ti N cm (6 I U Q O •� U co Flo F Q � U � co � •U ry L=L --+ W •O L O O O U)O E F --r • L 0 Ocn O O N }' U •E N4.4 U W U O m clu •� O O LcE cm O N O n C O 0 0 o 0 tp O +r � A-0C CI) O o O O � O L N L N �Q E U E 0 L C CL m U 4-1 o ° a)x (D -1 — L a) ry W o 0S = � m 0 0 co 0 M ti N cm (6 U O L U N O U O 4-0 O LU � /O /1 � co E c U L C: 0 O c •C O t6 Q C: cn O acn .0 U O O O _0 O C: N cn U N � •V � Cocn N Q p V U N c6 cu •� O 4-0 ^C, Q — c6 O L O U N N (n C co E N •tn � U � O (6 N N Q Q C: c co 0 ti a� cm m a_ ry O O m 3 U U tn > (a O (n Co O4-0 U C: 04- p n N L >> >, O O 00 U pa) L O oa) E o� co �U %� � QCo U �� ago -a, m cua) CU m m co O Q V _ Cn ca ° j 0 co � � w U oa cu ��Co �.-= °E'� 00� oc�� CL0O Q U = � = Cll _ Coco — O - }' a) a) Co O U L a) E Q a) E 0, M QUO F- ca°U co 0 co ti cm m a--+ U cn_ 4-0 N , � a) O (� in (n a) � �� U C� > cn C a) 0 •- 'E ° -0 _0 U a) ' 4- O 4-a O U •N O } ' a � O � N 0 c Q_ Q N •� cn O U O N O O 70 0O Q m co'i O N O .� a) Ca oO M��0�� a)o �a� ��.cn�O 0 O 0 a) �_ L (� }' U a) }' Q 0 . _ -0 X O U }. 0 Ua- N .O O C 'cn _.. Q a) 0U) In 0)0 E-0 Co 0 C =3 cn += 0 N v C6 .� > (j) Q 0 =3 yarym O L- L- 0 U N 0 IZ L O 4- L O Q U) (6 m 70 c� M 'U M aD 70 O E E O U (a (6 a--0 U C O .cn U) O __0 O 2 Wil -6--a X �--� Z O 4-1 O 4 c O U O� N � Q N c � � O Co > Q U C6 � O U � + O N co c O N U 'CE C: Co Co � Q LL O N N 4-0 .O U 0 Q .(D CL 4-0 aD 4-0 0 00 4- 0 00 ti N cm (6 O O O Q co N 4-1 4-1 co (IO N E .E E O O Al a) cnN N }' O O E.E– � U_ U � 4-1 CU 0.1 O O –0 E Na) � U QN O N 4-1 � C :3 C X O •� CD—0 C6 .� Q C: _ QQN W c� cm4-0 u co co .0 cu -1--c- Co = 0 O Ucm U) N U) cn �O N � > t6 � E -0- U) }N N O (o -C::: C O � O � N � o to (a a� o O U i .00 O L _>I co E �� co 0 w ti a� cm m a_ co 0 0 N ti N cm m a_ a_+ a ->I+ U 70 •- o o •� •— O -� +� .V •— 'Q v) = O m E O E cn � c6 a) N O O_ co co 'tn N 'EE 0 2m E 2 E Q N O O -S-) I--# }' O E +- p �, > U U U cn W �o O) n L.LCD �cu N —N = o7C)�' cm ° '� E a� w o Z u)+� 4) •— N♦ 0 Q N U N N N O E Q (D - O° �'��-� (D _ ca a- E Q U a uj U/ 0 . . 0 0 co 0 0 N ti N cm m a_ co 0 N ti N cm m a_ a->1+ C: C: .— _ •UO cn C: C N E c: >, p _N CL > (a o .E O o 3:>10 _O m LU +r O a) z � +- cn 0). v C:to CD m > cm N O A-0 >, cn C a) 4-0 p p (6 U�N a) to O co = In E O •� c� � � � � .v cn Co CO U to (n (� >' a) � p a) p N C:CU L a) a) W (n Co a) a) 4 ° Co m Lu v) m.o co 0 N ti N cm m a_ co O N N ti N cm m a_ --+ U 4-0 4-0 (n O ' O O N c _0 (6 :30) O (u 40- O -- � > N 0 O� O OC '( /1 �/� .� _0O C N 2 .0 O� ' �� U U)(6 : cn . � CM OU =3 N L +� C: i--' U) j N U : 7t 7t 0)--E C: N � N N QO O� E� Q� C� U LO) � O O}' ON LU O CU'o ' E� 'O� LL 00 ON (D m >,--c U (n > (6 }, N .� •— r U O a=' a)o ' j to ° --' oa�U oCo 0 J4"— co O N N ti N cm m a_ c m 0 M ata 0 0 ra �5 CT LLA 0 u CU m a) :E CL CL E a) 0 u Cd dA, K E 0 or aA ra Od E mv, OD 4- 0 CY) N ti OD 4- 0 N ti N (6 co 4- 0 N ti N cm m a_ U) O A--+ �U O U) U) a illi NO U n ' W }, 0 U (6 U 0) U) o cu N O U) M C6 r V/ ._ _0 0 L 0 L E 0 LL 4-0 O E Un o4-jO U > 0 0 0 0 � O N > -0 N N C U i �O +� � co 4- 0 co N ti N cm m a_ N C i O C N O (6 4-0 N Un o4-jO O N > -0 N N C U i �O +� � U O N U) + X Co - � . C -a O Co (6 to N Q •Q_ C c6 O N•� ) Q 0 •� U C N }' N U �+ O MO U W L N L N •� 0Co � +� CO U C 0 U Co C a 0) Co N U U E C C m (n 4— ) O � Cm O O 4-0 O7 U �-- � L L US •C0 C O4-0 O C 4-0 � m � 4 a E . . m w m co 4- 0 co N ti N cm m a_ � N E � � N o }, O ._ o c W (� �= U co O O •() }' 07 to U Ca cno U 0- 0') O O O N U C U 70 N OU 0 ,- N U U >1° �7C) o o 70 � C: ai N L O •� o _� <C: c� E � •� a� a) M -Im- i � i i > C C: c� 0 M— E �� _0) N p .N .N W i 0 (6 i U) O m 0 Q z 0 0 a--� �n a� o aD � o Q n0 V z m (n ma M C� V ��0 0 OD 4- 0 I- N ti a� ca X o L Q M U >, aj p cn (� In co +_ !E0 E N Z70O C Co O N m O0- O Q `�-0 (a a) _ _O a) �>L p Q) C co U O 4-0 >,a) 00 Q O -(n m ^ ♦ W a) r—a) p= a) p cA U N v O E }' p _0 coo .. >, U L a)o •— a) — E m ��i }, "� .cn U)E : N N OU O ooh c3 �� o o OL U) m �O �=�Q . . _'' Om°� v 2 =ca o-0 v6 6 2O O co O >> a, U _0 � �� a)E O � a) U) Co o Cn � Q O �J L O a) _ 1 a) ,,>> O co O Co C Cl O 4-0 OOL Q= V a) .� 0Q -(D QCO U O O a) a) ♦^ (/) L a) L \ U L- Q Q> > L D a) 2 ca I` 0� 0� (9 0� Z DIVERSITY AND EQUITY ASSESSMENT OF CITY SYSTEMS Prepared for the City of Boynton Beach, By: Dr. Meredith Newman Dr. Susannah Ali Ms. Ariel Powell Mr -john South Department of Public Policy and Administration Florida International University 2 Section Page # Executive Summary 6 Introduction 8 Background 8 Purpose of Diversity and Equity Assessment of City Systems 9 Scope of Assessment Report 10 Approach Taken 10 Government Alliance on Race and Equity 11 Commentary 13 Themes from the Academic Literature 15 National and Global Views 17 What We Learned From SHRM 17 What We Learned From IPMA-HR 20 What We Learned From ICMA 23 Historic and Socioeconomic Context 28 The State of Florida Context 28 Historical Overview 29 Demographic Overview 34 Political Overview 45 Economic Overview 48 The City of Boynton Beach Context 49 Historical Overview 49 Demographic Overview 53 Political Overview 62 Economic Overview 63 The State of the City of Boynton Beach's HR Policies and Practices 65 The Structure 65 Organizational Profile 65 Demographics of the City Workforce 66 Contract, Regular, and Bargaining Unit Employees 66 Workforce by Gender 67 Workforce by Race and Ethnicity 67 Workforce by Age 68 Demographic Representation by Occupational Categories 69 Overview of Personnel Policies and Practices Related to Recruitment, Hiring and Development 70 Organization for Personnel Administration 70 Recruitment and Hiring 70 Retention and Development 75 Discussion 78 Commentary 79 Benchmarking to Best Practices 80 Rationale for Selection of Cities 80 Northwest Case: City of Tacoma, Washington 85 Northeast Case: City of Cambridge, MA 89 Southwest Case: Redwood City, California 93 3 Section Page # Southeast Case: City of Gainesville, Florida 98 Discussion 102 Commentary 103 Recommendations 105 Actionable Proposed Recommendations 105 Systemic Recommendations 105 Tactical Recommendations 108 Diversity, Equity and Inclusion Action Plan 111 Strategy in Diversity, Equity, and Inclusion 111 Proposed Action Plan 111 Key Performance Indicators 114 Conclusion 115 References 117 Appendices 121 Appendix A: Additional Resources 121 Appendix B: List of Interviewees 122 Appendix C: Florida Demographics 123 Appendix D: Redwood City Employee Diversity, Equity, & Inclusion Survey 125 4 Figure 1: Map of Florida County Populations 35 Figure 2: Map of Income in Florida Counties by Race and Ethnicity 36 Figure 3: Map of Internet Access in Florida Counties by Race and Ethnicity 38 Figure 4: Map of Personal Computer Access in Florida Counties by Race and Ethnicity 40 Figure 5: County Map of Florida Homeowners by Race and Ethnicity 42 Figure 6: Map of Renters in Florida Counties by Race and Ethnicity 43 Figure 7: Organizational Chart of Florida's Executive Branch 46 Figure 8: Organizational Chart of Florida's Legislative Branch 46 Figure 9: Segregation by Ordinance 37 in 1924 51 Figure 10: Map of Boynton Beach by Race and Ethnicity 54 Figure 11: Map of Income in Boynton Beach by Race and Ethnicity 56 Figure 12: County Map of Boynton Beach Homeowners by Race and Ethnicity 58 Figure 13: Map of Boynton Beach Renters by Race and Ethnicity 60 Figure 14: Steps in the Hiring Process Figure 15: Percentage of Applicants by Gender, 2016-2020 72 73 Figure 16: Percentage of Applicants by Race and Ethnicity, 2016-2020 73 Figure 17: Locations of Comparison Cities and Boynton Beach 80 Figure 18: Population Estimates of Boynton Beach and Comparison Cities 81 Figure 19: Percentage of Racial and Ethnic Demographics 81 Figure 20: Percentage of Educational Levels of Boynton Beach and Comparison Cities 82 Figure 21: Median Household Income of Boynton Beach and Comparison Cities 83 Figure 22: Percentage of people in poverty in Boynton Beach and Comparison Cities 83 Figure 23: Percentage of Owners Occupying Homes and Renters in Boynton Beach and Comparison Cities. 84 Figure 24. Timeline of Proposed Action Plan 112 5 Table 1: Florida Demographics 34 Table 2: Boynton Beach Demographics 53 Table 3: City Workforce by Employee Types 65 Table 4: City Workforce by Male and Female 66 Table 5: City Workforce by Race and Ethnicity 67 Table 6: City Workforce by Age 68 Table 7: City Workforce Demographics by EEO -4 Category 69 Table 8: City of Tacoma Community Profile 84 Table 9: City of Cambridge Community Profile 88 Table 10: Redwood City Community Profile 92 Table 11: City of Gainesville Community Profile 97 6 EXECUTIVE SUMMARY The suite of diversity and inclusion tools and practices that went mainstream in the 1990s are "grossly insufficient for racial equity work" (Hecht 2020). Rather than focusing "on 'velcro-ing' new practices and programs onto the existing structures of the workplace in an attempt to help employees of color better 'fit in' and succeed", today's racial equity and inclusion efforts "must flip that premise on its head. Instead of trying to change some people to fit the organization, we must focus on transforming our organizations to fit all people" (Hecht 2020). This transformative approach represents the framework for the diversity and equity assessment of the City of Boynton Beach's systems. It is one that is reflected in the cities that we selected for comparison purposes; namely, the Cities of Tacoma WA, Cambridge MA, Redwood City CA, and Gainesville FL. It is also expressed (implicitly or explicitly) in a review of the academic and professional association literature. Further support for this approach comes from interviews with administrators leading their municipalities' efforts in applying an equity lens to human resources (HR) policies and processes The City of Boynton Beach is well positioned to embark on a process of reflection and workplace policy reforms advanced through an equity lens. The prerequisite of Executive Leadership support is in place, as is a solid foundation upon which to build. The spark for workplace change has been lit. The City is committed to building a more diverse, equitable, and inclusive workplace, and an organizational culture that supports and advances all personnel. This report details the way forward with cautionary notes along the way. This report begins with an introduction to situate the sections that follow. Major themes from the academic literature are presented, followed by national views from three prominent HR professional associations. The next section focuses on the State of Florida, providing an historical and contemporary context to the assessment of the City's HR policies and processes. Drawing upon these combined and 7 multiple sources, recommendations are made — both systemic and tactical recommendations. We then set forth the diversity, equity, and inclusion action plan with a proposed timeline for implementation. We conclude by acknowledging that this work — work which interrupts the existing patterns that tend to maintain the status quo of structural disadvantages around issues such as hiring, pay equity, and advancement — is hard, is ongoing, and is overdue but is critical and calls for immediate action. 8 Background Interest and awareness of the need to promote racial and social equity have increased dramatically as a result of recent events. The COVID-19 pandemic and public protests over police misconduct have shone a bright light on a wide range of disparities. The tragic killings of three unarmed African Americans - Ahmaud Arbery, George Floyd, and Breonna Taylor - sparked civil uprisings nationally and internationally. The clarion call for "Black Lives Matter" was heard around the world, the assertion that differential outcomes that disfavor minorities should be identified and remediated (Svara, as cited in Jacob 2020). The City of Boynton Beach was quick to respond to the call. Recognizing issues around the country, the City has chosen to proactively work to make Boynton Beach a community that embraces diversity. As neighboring communities see rapid gentrification, Boynton Beach seeks to create an inclusive community where people from all walks of life see an opportunity to share in the prosperity that is on the horizon. The City's vision continues to evolve to align with a vision of a welcoming, progressive, and prosperous coastal community with a high quality of life that exemplifies diverse, inclusive, and equitable neighborhood economic and environmental sustainability and resiliency. In July 2020, the City Commission approved the creation of Task Force to address racial and social equity. The City Manager formed an internal task force consisting of executive leadership and engaged FIU as a research partner to help guide the process toward our vision. Understanding that prosperous cities are cities that embrace equity and inclusion and celebrate diversity, City leadership, along with FIU, developed a framework that would create opportunities for sustainable cultural and systems change. The City recognizes the importance of addressing these issues within the community and the government itself because inequality manifests itself most clearly at the local level. Even before the 9 current civil unrest across the country, many cities had sought to address inequality through local policies and programs. This report sets forth how four "best in class" cities are addressing diversity, equity and inclusion in their workforces. Along with best practices identified from a review of the academic literature, a document review of three prominent professional associations (SHRM, IPMA-HR, and ICMA), and an in-depth review of the City's current HR policies and practices, recommendations and an action plan for implementation will be presented. That the City is engaging in such a close introspection is, in itself, a testament to its commitment to a more diverse, equitable, and inclusive workplace. Purpose of Diversity and Equity Assessment of City Systems As cited in Exhibit "A" of the Inter -local Agreement between the City and Florida International University Board of Trustees (FIU) dated September 21, 2020, the "City Commission approved the creation of a Task Force to address racial and social equity in the City focused on healthcare, education, housing, public safety, economic opportunity, and internal operations. The initiative aims to create a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City. Through a partnership with [FIU], the City will review its internal systems, policies, and processes to establish the capacity to assess, implement, and monitor a social and racial equity strategy and foster a culture of diversity and inclusion. This effort will render the analytical framework and engagement to develop study findings and present recommended action/policy items. The initiative will develop baseline evidence -based indicators that can be used to reflect current conditions and allows for monitoring of changes and progress in the future." Accordingly, FIU is tasked with the preparation of a Diversity and Equity Assessment of City Systems. Simply stated, the goal of the report is to benchmark best HR processes, and to interrupt the organizational status quo by identifying and assessing workplace inequities and, in turn, in developing solutions. 10 Scope of Assessment Report The scope of this report encompasses the first of two steps of Phase I of the project; namely, an Internal Assessment. The Citywide internal assessment includes a review of the City's HR policies and processes, national benchmarking, policy recommendations, and a City Diversity, Equity, and Inclusion Plan. This Plan aims to 1) narrow the gap between the City's HR policies and processes and selected national "best in class" policies; and 2) set forth the actionable policy recommendations with measurable key performance indicators. This assessment is designed to address diversity broadly including (but not limited to) race, ethnicity, age, religion, gender, sexual orientation, and veteran and disability status. As diversity efforts in the U.S. context have focused primarily on race over the last 50 years followed by gender, much of the information that we provide is taken from that literature and context. This is in no way intended to communicate that the City's efforts emphasize race over the challenges of other communities. In terms of race, it is important to recognize that very little information goes beyond black and white in race — for instance, there is still relatively little research on the experience of Asian -Americans. Instead, it is to demonstrate the complexities that underly efforts to address concerns of historically disadvantaged groups. It is also to glean from all that we have learned from academic literature, professional associations and lived experience so that it can be translated where appropriate to efforts to address the concerns of all populations. Approach Taken The primary sources of data collection are 1) a document review of selected preeminent professional associations, 2) an academic literature review, 3) interviews of administrators who have responsibilities for addressing workforce equity, and 4) the City's current HR policies and procedures. During this research, the Government Alliance on Race and Equity (GARE) featured prominently, both in our literature and document review, as well as in our interviews with city administrators. As such, it merits some discussion. Government Alliance on Race and Equity Despite the notion that social equity and inclusion are still untapped research areas (particularly in the realms of public administration and human resources management), they are largely unknown concepts for most local government municipalities. Fortunately, there is a highly credible starting point for any city/county municipality that wants to learn about (and begin engaging in the conversation on) workplace racial equity. The Local and Regional GARE is a "national network of governments working to achieve racial equity and advance opportunities for all"(}nrv�nr._riiVq�u.ir�.yalllliiaince.oir�). GARE is a "joint project of the new Race Forward and the Haas Institute for a Fair and Inclusive Society" (vrnr�nr Iregiruirdirg). It represents the alliance of Race Forward and the Othering and Belonging Institute at UC Berkeley and serves as a think tank to help any local government municipality incorporate best practices for inclusion and social equity. It supports governments that have made a commitment to achieving racial equity using their own resources and working in partnership with other organizations (Svara, as cited in Jacob 2020). GARE "provides a multi -layered approach for maximum impact: We support a cohort of jurisdictions that are at the forefront of work to achieve racial equity ... We develop a 'pathway for entry' into racial equity work for new jurisdictions from across the country ... [and] We support and build local and regional collaborations that are broadly inclusive and focused on achieving racial equity'(rnr.,.irq%I[_qu........ .yallliiance„ori). GARE provides "tangible ways and a network to bring all the jurisdictions together to build a community of practice” (personal communication, Dr. Rainty Salk, August 2, 2021). 12 With 360 current members at the local and county level across the country, GARE's potential to affect racial equity practices for local jurisdictions is still in its infancy. There are only two core members and one associate member currently in Florida (the City of Gainesville, the City of Hallandale Beach, and Palm Beach County Community Services Department, respectively). However, GARE's membership increased by more than 100 jurisdictions last year (RaceForward 2020 Annual Report), driven by community pressure and by city staff who had already started work to address institutional and structural racism. GARE's approach is four -fold: 1) Normalize conversations about race, to have commonly held definitions, and to work from a shared framework and a shared understanding; 2) Operotionolize racial equity, not just by talking about theory but by actually creating change, and taking ideas and putting them into practice using the Racial Equity Toolkit. The Toolkit focuses on definitive steps for locally elected officials to take in order to ensure fair hiring practices are followed and is designed to integrate explicit consideration of racial equity in order to reduce racial inequities and improve success for all groups. An example is the "legitimacy' of certain job application prerequisites (such as a mandatory driver's license) that may be based on historical, outdated assumptions, with the attendant potential for disparate impact. 3) Organize within the jurisdiction by building skills and capacity to actually transform the organization. For example, interactive Building Racial Equity trainings emphasize how to challenge and change institutional racial inequities (unlike "diversity trainings" which primarily focus on interpersonal relations and understanding) (�nr.,_ir gg.irair.irg). The Race Forward 2020 Annual Report notes that GARE "administered and analyzed 20 racial equity employee surveys for GARE member jurisdictions to assess and measure progress of the knowledge, skills and experiences of jurisdiction employees related to race and equity' (ibid.) amongst their other services. 13 4) Visualize what a transformed organization would look like. The recommendation to apply for core membership to GARE will be made to the City. We will also continue to learn as much as possible about GARE's philosophy and future vision in order to help other South Florida municipalities evolve with respect to how equity and inclusion policies can be effectively executed. While GARE is clear that they are focused solely on race, we view their approach as an important starting place that warrants consideration. An interview with Dr. Rainty Salk, GARE's Research Manager, on August 2, 2021 was informative. Dr. Salk emphasized that GARE's approach is focused on racial equity, and not on diversity, equity and inclusion, which she notes is "an important distinction, and that cities need to understand this distinction." She noted that, anecdotally, GARE's growth in membership is driven by word of mouth, encouragement from other jurisdictions to join, or a catastrophic event or crisis. "A lot of elected officials who put forward a commitment to racial equity" turn to GARE, which is "really the only game in town." With respect to normalizing conversations about race, Dr. Salk identified a disconnect in perception between executive leadership and staff. Leadership cite a "lack of readiness to engage in this work, and more training to get the staff ready to engage in this conversation. But in practice, about 94% of staff are ready, willing and able to engage in these discussions". As a final point, Dr. Salk noted that "part of the challenge is that the activity [to advance racial equity] sounds simple, a discreet activity, but it's actually a whole host of activities a jurisdiction might do to embed the work." This sentiment was shared by others whom we interviewed in terms of taking a holistic perspective to advancing racial equity in the workforce. Commentary Local governments vary widely in their character and composition. While this report draws upon best -in -class HR policies and procedures from a selected city in each of the four regions of the country (the NW, NE, SW and SE), best practices for building equitable and inclusive organizations for one 14 jurisdiction may not be as effective in others. Recommendations and a plan of action will always require some level of adjustment relative to the unique nature and idiosyncrasies of each jurisdiction, including the City of Boynton Beach. 15 After reviewing nearly 7,000 research articles from fourteen academic journals, four principal themes arose from an academic literature review that focused on how research was being conducted with respect to seven aspects of diversity (gender, race, ethnicity, religion, age, disability, and sexual orientation) throughout six key factors of a professional career (recruitment/hiring, onboarding, training, retention, promotion, and turnover). First, the fields of HR and Public Administration have evolved over the past thirty years, from a focus on equal employment opportunity and affirmative action (a legal, compliance focus), to issues that go "beyond compliance." Examples include an examination of "glass cliffs" that prevent women in managerial/executive positions from reaching senior executive positions, and transgender research. Second, in addition to the preponderance of research focused on gender and race, research on ethnicity and sexual orientation is expanding. HR professionals understand that identifying an employee's presented gender on forms is easier than determining an employee's sexual orientation. HR data compilation on gender orientation and non -binary identification further complicate gender identification. Similarly, data collection on racial identification is more complex as more employees now identify with multiple races and ethnicities. In a recent column by David Brooks in The New York Times (July 23, 2021, p. A18), he cites research by Alba, Levy and Myers who "suggest 52 percent of the people who self -categorize as nonwhite in the Census Bureau's projections for America's 2060 racial makeup will also think of themselves as white. Forty percent of those who self -categorized as white will also claim minority racial identity." Progressive HR departments are broadening their demographic data in order to capture a more complete and nuanced profile of their employees. Third, from a theoretical perspective, the importance of representative bureaucracy cannot be overstated. Representative bureaucracy is the idea that the demographic make-up of a government should mirror that of the community it serves. In this way, the unique perspectives of each group will be 16 given voice within government and incorporated into decision-making. More than 25 percent of all articles reviewed applied representative bureaucracy (or versions founded on it) as the conceptual framework. People want to work for organizations in which they can relate. It is difficult to recruit women to join city protective services or the military, and many public sector fields have become gendered fields. For example, public safety departments (Police and Fire) have historically been male - dominated. HR departments have traditionally been female -dominated. A lack of gender and racial representation across the depth and breadth of organizations limits career opportunities and progression to those who find themselves in the minority, and acts as a brake on efforts of equity. Fourth, issues of diversity, equity, and inclusion are being discussed at all levels of government nationwide. This academic literature review supports the proposition that it will take time to achieve long-term and meaningful equity in the workplace. Municipalities that recognize that reform is needed (or overdue) and interrupt the status quo (whether by tactical HR adjustments or institutionalized transformational and synergistic change — or both) are well positioned to advance a more diverse, equitable, and inclusive workplace. Two generations ago, diversity equaled affirmative action. Today, the United States has its first woman of color Vice President, its first transgender deputy cabinet secretary, and the most diverse cabinet, all inspirational symbols for local government municipalities to follow. 17 To provide a national and global context, a review was conducted of three prominent professional associations whose focus is on HR and best practices in city and county government and in industry. Specifically, as association members, we researched the materials of the Society for Human Resource Management (SHRM), the International Public Management Association for Human Resources (IPMA-HR), and the International City/County Management Association (ICMA). SHRM characterizes itself as "the voice of all things work, workers and the workplace... [and] the foremost expert, convener and thought leader on issues impacting today's evolving workplaces" (vyvrnr slhirinmrrg). SHRM has over 300,000 members in 165 countries, and "impacts the lives of more than 115 million workers and families globally' (ibid). The IPMA-HR is another national and international HR leader, established in 1906. It describes itself as "the leading public sector human resource organization in the world ... [with] local -level networking ...available in four U.S. Regions and over 40 Chapters" (�6L,.ii.lp_ma.:::.lh.ir,.p.irg). Parenthetically, Ms. Julie Oldbury, the City's Director of Human Resources and Risk Management, is the current South Florida IPMA-HR Chapter President. The ICMA "advances professional local government management worldwide through leadership, management, innovation, and ethics. Through partnerships with local governments...., the organization gathers .... management data on a variety of local government services — all of which support related training, education, and technical assistance." inn.�_.oTg). It provides support, ...... peer and results -oriented assistance, and training and professional development to more than 13,000 city, town, and county experts and other individuals and organizations throughout the world" (ibid). Taken together, the resources available to us from these three associations provide a rich foundation for our subsequent research into best -in -class cities and the assessment of the City of Boynton Beach's workplace policies and practices What We Learned From SHRM 18 As one of the leading institutions for human resources matters and issues, SHRM offers numerous training tools for human resources managers to better respond to the challenges facing progressive workplaces in the 21st century. The foundational notion of diversity in the workplace lies at the heart of SHRM's mission, with training tools focused on fostering diversity throughout the hiring, training, promoting, and retaining phases of a professional career. While SHRM offers different levels of membership, it also provides training and certification packages for HR professionals as well. The certification is highly respected in the HR world and can be administered in a class or group setting should a public or private organization choose to certify high numbers of employees. SHRM's most significant contribution to any organization hoping to expand the diversity of its workforce is the wealth of knowledge that is easily accessible on its website ( w ._sIhlnr .oirg/). With a litany of resources such as discussion forums and blogs that maintain the dialogue on current HR issues and challenges, training for executives and HR managers, and examples of employee handbooks and sample interview questions, SHRM provides a vast array of information to help organizations achieve and maintain diversity in its workforce. Several key findings from SHRM's organizational philosophy are worth highlighting. A major overall theme is how the landscape of the American workforce has changed due to the pandemic of 2020. Due to recent vaccination successes, and with many organizations hoping to return to a pre -2020 norm, major changes should be expected by employers, including an increased desire of employees to remain in a virtual capacity, increased burnout of current talent, and public sector positions losing talent to the private sector. Recommended strategies to deal with this paradigm shift include incentivizing top performers, using more temporary hires, and expectations to cross -train current talent (Marshall 2021). Paid family leave is becoming a top benefit for both employees and prospective candidates. COVID not only disrupted the workforce of America, it also overwhelmed every school and university in the country as well. Students of every age went into virtual classrooms and many schools are looking at hybrid forms 19 of education as a long-term solution. This translates into more children spending more time at home, which means parents need to spend more time at home as well, particularly during working hours. The stress on losing contact with friends and social clubs has been particularly difficult for young Americans and this stress is manifesting in an increased need for parents to have more paid family leave. Current Family and Medical Leave Act (FMLA) regulations are being discussed at both administrative and legislative levels and progressive employers would be prudent to address this need now (Jessup 2021). Other key findings from SHRM include: o Strategic reconsideration of minimal education requirements for entry-level positions, starting with mandates for bachelor's degrees (King 2021). o Overcoming parochial social restrictions like "qualified woman" or "qualified minority', when diverse talent is often applying for positions and should be on boarded with progressive training measures (Sackett 2020). o There is a highly controversial topic being discussed nationwide on whether or not vaccination records are required of employees and how HR managers can request this information. Current legal precedent maintains that proof of vaccination is not a disability related issue and can be pursued by HR departments. How this should be done is going to be difficult for HR departments (SHRM Staff blog 2021). o OSHA has recently released its much -anticipated post -pandemic guidance for the health care industry, with specific guidance for the public sector forthcoming. It will be important for HR managers in the public sector to become familiar with potential changes that could impact operational efficiency (like eventual mandatory vaccinations for all public sector employees) in order to prevent disruptions to day-to-day operations (Nagele-Piazza 2021). 20 o While many employees are seeking flexible returns to the office, new hires are looking for safety guarantees by employers, particular when it comes to healthy and harassment free workplaces. o Finally, organizations can encourage SHRM membership of their HR staff by paying for certification materials and testing fees. This would enable HR departments to stay abreast of current HR challenges and issues, as well as be both knowledgeable and sensitive to diversity management issues throughout an organization. What We Learned From IPMA-HR For the past several years, IPMA-HR has conducted benchmarking surveys of human resource officials, government employees, and IPMA-HR members and affiliates. Of those reports, seven are available for IPMA-HR members from 2013 to the most recent report in 2019. The purpose of the benchmarking reports is to provide summaries of human resource information and "to identify 'best practices' in HR, enabling users to learn from leading organizations and adapt and adopt the most successful approaches"1p.inm_:.:_rrrg). Based upon the topic of the benchmarking reports, respondents are asked about job duties, the government or municipality that they worked for, and/or their perceptions about their relationships with their colleagues or superiors. A common theme among these benchmarking reports is progressiveness and a willingness to do what is necessary for employee satisfaction and organizational longevity. Through their benchmarking reports, IPMA-HR has acknowledged and recognized that governments and organizations need to change with the shifting cultures and norms of society. This includes a shift in the way that organizations and governments think about their workforce, and how their workforce may or may not change with the shift in generations. For example, in its 2016 Cross - Generational Benchmarking Report, IPMA-HR detailed the differences of expectations between 21 Millennials (born 1981-1997), Generation X (born 1965-1980), and Baby Boomers (born 1946-1964). Compared with Baby Boomers, Millennials and Generation X responded better to opportunities for advancement and positive relations with their superiors. In addition, Millennials were less likely to stay at the same job for their entire career when compared with Generation X and Baby Boomers. Not only do organizations have to manage older generations, but they also have to cater to the attention of younger generations while at the same time not alienating their older workforce. Other key findings from IPMA-HR include: o When it comes to recruitment practices, the organizations with the best practices try to reach a wider audience beyond the traditional methods that were originally used. These organizations and governments post to a multitude of sources including the city website, social media websites like Linkedln and Facebook, host job fairs, and provide a direct contact for applicants for any questions. These organizations use language that encourages diverse applicants (such as military veterans) and focus on internal recruitment with employees already tied to the organization. To be accessible to multiple generations, these organizations accept online and/or paper applications. In addition to internal recruitment, these organizations have intern programs that prepare interns for potential employment while at the same time giving the organization a stable potential workforce. One city that showcases best practices is Laguna Beach, California. This government updates and communicates with applicants on their status through email or hard copies (IPMA-HR 2013). o Implementation of diversity and inclusion efforts are becoming more important for organizations. Having diversity and inclusion offices or commissions are not enough; instead, organizations have to actively work towards a more diverse and inclusive workforce. This means not only being aware and welcoming of every race, gender, ethnicity, and LGBTQA+ members of society and the workforce, it also means having policies regarding the aging population and 22 armed forces. The City of Hobbs in New Mexico actively recruits veterans, national guards and reservists for their workforce, in addition to accommodating any disabled veterans (IPMA-HR 2014). Cities such as Hobbs provide training and support to managers and supervisors of former and current military employees. o Two of the biggest issues regarding the changing generations are age discrimination and the retirement wave. Baby Boomers are one of the larger and more predominant generations currently employed in the workforce. As organizations and governments progress and start developing more Millennials and Generation Z (born 1997-2015) recruitment strategies, the older generation is being left behind (IPMA-HR 2014, 2016). To prevent this from occurring, organizations should have policies that encourage more training and prevent age discrimination. The retirement wave has the potential to leave a gap in organizational knowledge. Progressive governments have succession planning that account for a workforce that will be aging out over the next several years (IPMA-HR 2015). o Successful governments and organizations realize that employee engagement is essential for retention. This includes employees having communication with leadership, allowing for alternative work schedules like job rotation and telecommuting, conducting employee engagement studies or surveys, and having retention strategies. Communicating with leadership allows for employees to better connect with the organization's mission and to feel as if they are being heard (IPMA-HR 2019). As the COVID-19 pandemic has shown, alternative work schedules are not only possible, but for jobs that deal mainly with computer work, should be optional. Allowing employees to have the decision of alternative work schedules increases retention, employee satisfaction, and work productivity (Selden 2009). The City of Santa Clarita in California has a Strategic Plan & Employee Engagement Initiatives that survey employees every two years (IPMA-HR 2019). The Santa Clarita 2020 shares the results of the survey with 23 leadership, who are then expected to come up with action plans that address the issues within the survey. The Santa Clarita 2020 also includes an employee wellness committee, and training and development programs. The City of Mooresville in North Carolina conducts an organization wide employee satisfaction survey (IPMA-HR 2018) which serves to increase the buy -in from employees and the quality of feedback (IMPA-HR 2018). The City of Kansas City in Missouri formalized a retention strategy called the Workforce Advancement Model (WAM). WAM has given the city the opportunity to (IPMA-HR 2016, p. 23): o Create a pool of qualified candidates to fill key positions o Establish a sense of stability in critical positions o Identify workforce needs to better target required employee training and development o Enhance employees' ability to respond quickly to address environmental demands o The opportunity of knowledge retention with their Knowledge Transfer Tool o Innovation is key for organizational longevity. If an organization is not willing or able to innovate, progress, and change, they will stagnate and fail. According to the IPMA-HR Culture of Innovation Benchmarking Report (2017), medium-sized and large organizations are more likely to include innovation in their mission statement. Incremental service innovations are the most common types of innovations. Organizations that "include innovation in their mission, vision, or value statements gave higher ratings to communication, collaboration, and support for change" (IPMA-HR 2017, p. 2). What We Learned From ICMA One of the principal themes running through our review of ICMA materials is the reference to GARE, the Government Alliance on Race and Equity. Cities repeatedly cited GARE as being an essential 24 component of their race and equity initiatives. Ashville, North Carolina is one such city that has applied GARE's racial equity toolkit of standards and programs to the unique needs of their City. Another central tenet is that a diverse workforce rarely happens organically. High -wage local government jobs consistently have been disproportionately held by white employees. Moreover, while racial minorities have been underrepresented in high-level jobs, they have been overrepresented in low- wage -earning jobs. This trend is similar for women. The metaphors of glass ceilings, glass walls (sex segregated occupations), and sticky floors (with limited promotional opportunities) capture these dynamics (Newman 1993). Attention to the composition of a local government is extremely important because its agencies are key to service delivery and policy implementation (Lipsky, 2010). Research demonstrates that diverse staffs working in inclusive environments "are more factually accurate, innovative, and further the potential of their organization" (ICMA Equity & Inclusion Toolkit, p. 20). For example, one study showed that organizations with the most gender and ethnic diversity were significantly more likely to outperform less diverse and inclusive organizations (p. 21). In order to institutionalize positive change in fostering equity and inclusiveness and increasing diversity and a sense of belonging, progressive cities are taking proactive steps, going "beyond compliance" to create substantive programs that recruit, hire, and retain underrepresented populations into their ranks (Smith 2019). For example, the City of Tacoma, Washington adopted their Equity and Empowerment policy, a framework centered on a vision for an inclusive and equitable city. The Office of Equity and Human Rights was created to address the policies and procedures that shaped the internal makeup of the City's workforce (see also the City of Tacoma section, below). A related central theme is that adopting an equity lens reshapes decisions across all departments and programs. Advancing equity through local governments requires a fundamental reorientation of their day-to-day operations (Jacob 2020, p. 8). A quote from the Governing for Equity 25 Project illustrates this point: "I think what we say is that equity isn't like an initiative or a program, rather it's a fundamentally different way of doing work" (Jacob 2020, p. 9). Other key findings from ICMA include: o Many municipalities have shifted their focus from "inclusion and diversity" to "equity', and specifically racial equity. For example, San Antonio's equity efforts were formally launched in 2015 with the creation of the Office of Diversity and Inclusion, since rebranded as the Office of Equity. The City of Boulder, Colorado shifted their focus from "inclusion and diversity' to "equity" staring in 2016. The City created a Racial Equity Core Team of city employees to steer their efforts on fostering equity (Jacob, p. 30). Inclusion is a state of being valued, respected, and supported. Equity is the consistent, fair, and systematic impartial treatment of those who are underserved (Savage 2021). Equity is best understood as a lens through which programs, policies, and initiatives are ultimately assessed (Jacob 2019). Transforming equity from a value into practice is ongoing. o Recruitment and hiring processes are being reconfigured. For example, several cities (such as Portland, Maine and Tacoma, Washington) participate in "Ban the Box," a fair hiring practice that enables qualified candidates to advance further in the application process by delaying the disclosure of a criminal background and giving the hiring manager greater discretion in determining if a past conviction will affect employment (Smith, p. 18). See Appendix A for an example of job interview questions to ask local government candidates (ICMA E&IT, p. 25); and for an example of best practice in job descriptions (Smith 2019). o Recruitment strategies are designed to be more purposeful and intentional. For example, a public works supervisor reports that people were always asking his crewmembers how they were hired within the city, so crewmembers were given a business card that explained how to 26 apply for a city job that could be given easily to people in the community interested in jobs with the city (Smith, p. 20). o There is a pipeline problem. Pipelines are networks of employees that are trained, groomed, and retained to move into new positions when available. However, in some cases, pipelines to higher-level position are ineffective and in other cases, they are nonexistent. An inadequate pipeline results in fewer opportunities for underrepresented populations. Hiring practices that employ external candidates instead of utilizing internal pipelines to identity viable candidates further limit opportunities (Smith, p. 22). o A culture change is happening. For example, the City of Decatur, Georgia developed a plan known as Better Together, the citywide equity, inclusion, and engagement plan (Smith, p. 16). The City of Portland, Maine's Office of Economic Opportunity leads a municipal "welcome - ability' process, defining characteristics that display a city's openness, preparedness and support to integrate newcomers, and to encourage the inclusion of underrepresented groups in leadershippirllgrnaffpl2.gruainiiY.:ri). o Metrics and accountability are lacking. Jurisdictions acknowledged a need for improvement in this area and suggested that the paucity of detailed metrics and data are largely due to the relatively newness of their diversity efforts (Smith, p. 23). Exceptions can be found. For example, the City of Boulder, Colorado utilizes dashboards to track progress across a range of public programs. Other cities such as San Antonio, Texas are presenting their equity data in terms of an equity atlas, which provides a spatial visualization of (in)equity. o The relationship between offices of diversity, equity, and inclusion and human resource management needs maturing. Cities described HR departments as "very transactional," and Diversity, Equity and Inclusion offices as "transformational" (Smith, p. 23). While HR departments seek to be in compliance, diversity, equity and inclusion officers seek to identify 27 inequities and opportunities for growth (p. 23). Both offices need to work collaboratively rather than competitively. o Mentorship programs support the career advancement of employees, especially those programs that target populations that frequently encounter barriers. For example, San Antonio, Texas, implemented a Women's Leadership Mentoring Program that matches a female director or administrator with a professional -level female employee. Similarly, Decatur, Georgia developed a leadership development program called the Decatur E5 Academy (Engaged, Effective, Excellent, and Evolved Employees) Academy (Smith, p. 1S). o The allocation of resources to support equity is key. One city manager refers to this commitment as "doer -ship" — recognizing the strains that implementing and sustaining an equity infrastructure will place on the existing capacity of the organization, and providing resources and support to do the work (Smith, p. 16-17). o Finally, much more work is still needed, despite the initial successes that local governments have already achieved. "This work doesn't end. It shifts as we make progress but it doesn't end" (Smith, p. 24). 28 Understanding the historical and socioeconomic context of a community is critical for unpacking the complexities of diversity in a community and as an extension, the challenges within local governments. In addition to helping identify challenges for the community broadly, it also helps local governments understand their employees. Most employees are hired from the area. Even those who are new to an area are more likely to live in neighborhoods that reflect their backgrounds. To look at the map of demographic distributions in most cities, we see that few places have uniform mixes of cultures and people. These distinctions are often based on race, nation/culture of origin, religion, and wealth. To demonstrate how the experience of any group is shaped by history and context, we offer a broad overview of the black experience in Florida. We choose to use race as the example in this study for two reasons: 1. Based on Census data, the black community is the largest minority group in the City, 2. The history of the black people in Florida and the City is far better articulated than the stories of other historically disadvantaged groups. Of course, being better documented does not imply that the story is thoroughly documented. Information on the black community was scant and information on other populations was either sparse or non-existent. The State of Florida Context Historical Overview Recognizing that the public sector has played a role in creating an uneven playing field is not a judgment on those who work in local governments (Jacob, p. 27). It is, however, important for the leaders and staff of a jurisdiction to understand their institutional history with respect to social inequity. Accordingly, an historical overview follows. The history of black people and Florida has been intertwined for centuries, with the first black person arriving to Florida's shores on a Spanish ship. Even before the United States gained control of 29 Florida, there were reports of black Bahamians migrating to the southern tip of Florida. "Many of the blacks ... were runaway slaves from West Indian plantations. Others were dropped there after British sailors liberated slave ships on the high seas when England abolished slavery in 1807" (Dunn 1997, p. 14). Before European colonialization and settlement of Florida, several tribes called the peninsula home. Preceding the Seminole tribes, some of these major tribes included, "the Timucua in Northwest Florida, the Apalachee in the panhandle, the Tocobaga near Tampa Bay, the Calusa in southwest Florida and the Tequesta in southeast Florida" (Clark 2015, p. 1). The decades and centuries following the beginning of colonization in Florida can be thought of in four periods: Spanish rule (1513-1763), British rule (1763-1784), Spanish rule again (1783-1821), and American rule and subsequent statehood (1821 - present) (Arnade 1963; Clark 2015; Diaz 2016; Wright Jr. 1976). During Spain's first tenure as the imperialist power governing Florida, Spain established the oldest city in the United States, St. Augustine (Pittman 2016). Unlike the other Spanish colonies in the Americas at the time, St. Augustine was considered a failure when it came to producing revenue, with it mostly serving as a military outpost (Arnade 1960; Clark 2015; Johnson 1989). During Spain's rule of the Florida colony, black enslaved individuals who escaped from the British colonies were allowed their freedom, as long as they converted to Catholicism (Clark 2015; Pittman 2016). This law instituted by Spain's king helped lead to a rush of black enslaved individuals escaping plantations from the north. It led to the creation of the first free black town or settlement in North America in the 1730s, Garcia Real de Santa Teresa de Mose, also known as Fort Mose, located not far from St. Augustine (Pittman 2016). The status of free blacks in Florida changed when the British gained control in 1763 and reinstituted slavery. Following the Seven Years' War or the French and Indian War, Great Britain relinquished control over the recently acquired Cuba to Spain in return for control over the Florida colony. For the next several years, Britain maintained control over Florida, where it split the colony into 30 two parts: East Florida and West Florida. During Great Britain's reign over Florida, it enticed more residents from the British colonies and the British homeland, it introduced new crops and industries, increased the number of enslaved individuals within the borders, and built roads to make travel within the colonies easier (Clark 2015). Unlike the thirteen colonies that rebelled against British rule during the American Revolutionary War (1776-1783), the two colonies in Florida sided with Great Britain; it was eventually transferred back to Spanish rule after Great Britain's defeat (Florida State Department n.d.). Under Spain, Florida remained two colonies but many of the British settlers left. Instead, many enslaved individuals fleeing from slavery in the newly independent America escaped to Spanish territory. However, to prevent the outflow of enslaved individuals into freedom and to expand its military reach, the United States launched several military expeditions to attack Spanish strongholds, free settlements, and Native American towns. During the years following American independence and Spanish rule over the Florida colonies, the United States launched "several official and unofficial U.S. military expeditions into the territory' which eventually led to Spain "formally [ceding] Florida to the United States in 1821, according to terms of the Adams-Onis Treaty' (Florida State Department n.d.). The purchase of the Florida colonies into an American territory did not bode well for two groups: maroons and Native Americans. Maroon refers to "people demonstrating resistance to their enslavement by escaping captivity" with one characteristic referring to "long-term or permanent escape to inhospitable locals where escaped slaves established independent or co-dependent communities with outsiders" (Howard 2013, p. 33). Many maroons escaped south to Cuba, the Bahamas and other islands in the Caribbean, while other maroons joined Native American encampments (Dunn 1997). These Native American and maroon encampments and forts resisted U.S. military attacks and encroachment, while launching attacks of their own. Ultimately the skirmishes and attacks between the two sides led to the 31 two Seminole Wars and the extermination, genocide, and expulsion of Native Americans and maroons across the Florida territory. On March 3 of 1845, Florida became the twenty-seventh state in the United States. The population of white Americans increased in Florida and the number of cities and towns increased as well. Much of the development that occurred in Florida focused on the northern end, with little occurring in south Florida, leaving it underdeveloped and forested. During the American Civil War, Florida left the Union and joined the Confederate states that rebelled at the idea of abolishing slavery; the Civil War ended in defeat for the Confederate army. Unlike other states in the Confederacy, no decisive battles were fought on Florida soil, rather Florida's main contribution to the rebellion was troops, cattle, and salt (Pittman 2016). Throughout the various wars, skirmishes, and attacks that Florida faced against foreign nations, maroons both in and outside of Florida were made an offer: fight for us and we will protect you from enslavement. This was the case with Spain's fight against Great Britain, the American Revolution, and the American Civil War. In each of these cases, maroons risked their lives to fight for their freedom. The period of Reconstruction (1865-1877) followed the American Civil War. During Reconstruction, the federal government stationed federal troops throughout cities in Southern states and created organizations that facilitated the establishment of citizenship for those recently freed from slavery. This period saw a record number of formerly enslaved black people running for and being sworn into political offices and voting in federal, state, and local offices (Valelly 2004). However, after the end of Reconstruction and when federal troops left southern states, the backlash against black people was swift. Although the Reconstruction period was a success in rebuilding the economy and establishing education systems for cities and states in the south, it was a failure when it came to cementing equal rights for those who were formerly enslaved (Valelly 2004). With the rise of the Ku Klux Klan, the number of black people holding office dropped significantly, and the number of lynchings, massacres, 32 and genocides across the South against black people increased. After the end of the World Wars, Florida saw a large increase in people migrating from the north, particularly veterans who were formally based in Florida. According to Colburn and Dehaven-Smith, Southern whites enacted a series of segregation laws at the turn of the twentieth century that stripped black citizens — who constituted nearly 43 percent of the population — of their basic rights as citizens. These racial customs influenced the lives of everyone. Ethnic people of color felt the same sting of racism that blacks did, and those who ignored the racial traditions did so at their own personal peril. (p. 72) Florida was not immune to the various violent attacks against black Americans; rather the history of those attacks was either ignored or erased. Two of the major terror attacks against black people and towns occurred in Ocoee and Rosewood Florida. The Ocoee Massacre occurred in 1920 and was carried out by a white mob furious that a black man by the name of Moses Norman was attempting to exercise his right to vote. The mob stormed the town where he lived and "burned down the home of every black family," with an estimate between thirty and 60 killed (Pittman 2016, p. 252). The Rosewood Massacre in 1923 was the result of a white mob attack based upon a false rape accusation by a white woman against a black man (Pittman 2016). The white mob gathered and formed in Sumner, before heading to the nearby town of Rosewood. Once in Rosewood, the white mob proceeded to lynch, shoot, and murder as many black people as they could, in the process erasing the town of Rosewood from history. In both massacres, there have been no convictions. The years leading up to the Civil Rights Movement was just as bloody as the years following Reconstruction. Throughout Florida, black Americans were threatened and intimidated into not casting their vote. The Reverend Dr. Martin Luther King Jr. visited Florida many times to meet with local civil rights leaders in their goal of ensuring civil equality (Dunn 1997). One of the first fatalities in the fight for civil rights occurred in Mims, Florida. Harry T. Moore was a leader in the civil rights movement in Florida who fought for the right to vote, and against lynching and police brutality. However, on Christmas Eve of 1951, he and his wife were murdered by a bomb that was placed in their home (Pittman 2016). 33 Black Americans in Florida worked with both state and national allies to push for civil rights. In Tallahassee, students from the historically black college Florida Agricultural and Mechanical University hosted their own bus boycott in 1956, which would eventually lead to the abolishment of white -only seating in 1957 (Pittman 1957). In South Florida, civil rights activists worked to desegregate public facilities, parks, transportation, housing, and many other aspects of life that was off-limits to black people. One of the first schools to desegregate in Florida was Orchard Villa Elementary School in the City of Miami in 1959 (Colburn 2007). Although the Civil Rights Act was intended to facilitate equality amongst the different races and ethnicities, the implementation of such policies was inconsistent. Black Floridians still faced discriminatory practices. One such practice was the planned location of interstate 95. "In communities throughout Florida, politicians, urban planners, and entrepreneurs all welcomed the interstate road system as an economic boon. They also envisioned highway construction as a convenient slum -razing method" (Tscheschlok 1996, p. 441) as a way to clear black neighborhoods through eminent domain. The destruction of several black communities along the route of 1-95 led to an increase in crime and poverty in these communities. The combination of high crime and poverty along with police brutality and a discriminatory criminal justice system, facilitated the eruption of several race riots between the 1960s and 1980s including the Liberty City Riot of 1968 and the McDuffie Riot of 1980 (Dunn 1997; Tscheschlok 1996). Hallmarks of the systematic racism that black Floridians faced still exist today. The way that a person talks, dresses, or wears their hair can affect their job security, ability to secure a house, and where they may travel throughout the state. Many black Floridians are being priced out of their neighborhoods because of rising rent and the changing socio -demographics of the state. Even now, the history of race, slavery, and discrimination in Florida is being challenged. Republican Governors over the past few years have passed policies that directly and indirectly influence the way that people and 34 children see race. Most recently, on June 22, 2021, Florida Governor DeSantis signed a law requiring public universities to assess "viewpoint diversity' on campus each year through a survey, hinting at "the potential for budget cuts at universities that do not pass muster" (nrnr,,alh_yv_h.iinpost„ori June 24, 2021). "We do not want [our universities] as basically hotbeds for stale ideology... That's not worth tax dollars and not something we're going to be supporting moving forward.” His office reiterated on June 24 that "taxpayer -funded schools, colleges and universities should be places for education — not indoctrination" (ibid). Reallocating funding and resources from public schools, and banning public schools from teaching critical race theory serve to deny the role of black Floridians and the history of racism and discrimination. Colburn and Dehaven-Smith capture this dynamic: The challenge for policy leaders in the state is to find ways to promote economic advancement, while simultaneously encouraging greater understanding of Florida's racial and ethnic communities. And yet, for the most part, state political leaders have opted to ignore racial and ethnic issues, worrying that their political futures may be at risk if they condemn discriminatory behavior. (p. 142) With this historical and contemporary context in mind, we next present an environmental scan of the State, given that inequity is correlated with economic and social factors. We begin with an overview of Florida demographics. Demographic Overview According to the U.S. Census Bureau (n.d.), Florida has a population of over twenty-one million people. Table 1 presents some basic demographic information on Florida's population. As the table shows, one of the largest age brackets is the retiree, or baby boomer generation. The second largest is the "working generation" — those between the ages of 18 to 64. It is important for ages to be taken into consideration when discussing the economy because the larger the elderly population, the more strain that is placed on the health care system, which in turn would require more funding from the state. 35 Before European colonialization and intervention, the largest ethnic and racial groups comprised native and indigenous people, including maroons. Now, they only make up about 0.5%. Conversely, Florida has seen an increase in the Hispanic and Latin American population since the end of World War II and the rise in violence in their home countries. Table 1: Florida Demographics Demographic Percentage Age Persons under 5 years 5.3 Persons under 18 years 19.7 Persons 65 years and over 20.9 Race White 77.3 Black or African American 16.9 American Indian and Alaska Native 0.5 Asian 3 Native Hawaiian and Other Pacific Islander 0.1 Two or More Races 2.2 Hispanic or Latino 26.4 White, not Hispanic or Latino 53.2 Fable 1 Data from U.S. Census Bureau Figure 1 shows a map of county -level population in Florida. Miami -Dade County in South Florida has the largest population in the State of Florida with over two million people, while Liberty County in Florida peninsula has the smallest population with just over eight thousand residents. Some of the more populous counties are in the central and southern part of Florida, while the least populous states are located in the northern part of Florida and in the peninsula. 36 Figure 1: Map of Florida County Populations Number of People in Florida by County N A Total Population 8,390-111,269 111,270-291,740 291,741 - 589,806 589,807-974,546 No ruan,i-oealu a 974,547-2,782,398 G7 190 M1A- Figure 1 Data from U.S. Census Bureau Figure 2 presents the racial and ethnic breakdown by county of Florida residents, overlaid by median household income of each county. The county with the highest median household income is St. Johns County in northeast Florida. The county with the lowest median household income is Marion County in northwest Florida. The residents in St. Johns County are 87% white, 5% black, and 7% Hispanic or Latino. The residents in Marion County are 56% white, 39% black, and 6% Hispanic or Latino. Figure 2: Map of Income in Florida Counties by Race and Ethnicity Race by Household Income for White Residents N Race by Household Income for Black Residents N Florida Counties /� �1 /� Florida Counties �1 VO L -,j White Household Income 42 - 6;5 $34,015.00 - 539..623.59 64 - 73 + 539,623.60 - 545,284.79 74 - 79 * 545,284.80 - 552,219.93 80-84 9 552,219.94-559,98456 85-92 0 559,964.57 - 577,730.61 im Black or African American Household Income orl f m 3 8 $3d,615.00-$3962359 Wu $39.623.60 545,284.79 9-14 r Sn9 623 60 - $45 28479 _ ��.� �4 -, ® 22 - 32 41'11 15-28 mm $45,284.8D-$52,219.93 41iP $59,994.57 - 577.730 61 24 - 39 0 $52,21 D,94 - $59,984.56 - 40 - 55 0 $59,984.57 - $77.730.61 Race by Household Income for Hispanic or Latino Residents Florida Counties Hispanic or Latino Median Household Income 3-8 $34.015.00-539,62359 9 13 u. $39.623.60 545,284.79 14 - 21 vV $45,284.80 552,219 93 ® 22 - 32 41'11 $52,219.94 359,9B456 _ 33 - 59 41iP $59,994.57 - 577.730 61 N A IM Figure 2 Dato from U.S. Census Bureau 37 160 MAI - 37 38 Figure 3 shows several maps of households that have internet subscriptions and the racial makeup of counties in Florida. The county in Florida with the highest percentage of households with internet subscriptions is Clay County with 91%, while the county with the least number of households with an internet subscription is Dixie County with 59%. The residents in Clay County are 79% white, 11% black, and 10% Hispanic or Latino. The residents in Dixie County are 86% white, 6% black, and 5% Hispanic or Latino. This figure tells us that at least 59% of total residents in Florida counties have internet subscriptions, but white residents are much more likely to have access when compared with black and Hispanic or Latino residents. Figure 3: Map of Internet Access in Florida Counties by Race and Ethnicity Race by Internet Subscripton for White Residents Florida Counties o�.�d coumr 59k Acrsss White 42 - 63 6.ti n� m 64 73 74 - 79 80-84 85-92 % of Internet Subscriptions 59 - 63 64 73 • 74 - 81 IR 82-87 8n 88-91 Race by Internet Subscripton for Black Residents Florida Counties AV101, 4 I f J urc .6 %Black or African American 3-8 Re 9-14 15-23 24-39 - 40-55 of Intornot Subscriptions 59-63 04-73 e 74-81 G 82-87 F 88-91 Race by Internet Subscription for Hispaniclt_atino Residents Florida Counties Hispanic or Latino 3-8 9-13 14-21 22 - 32 -33-69 Internet Subscriptions 59-63 64-73 74 -81 Cl 82-87 {r 88 91 M N A 150 Md. Figure 3 mato from U.S. Census Bureau N A 160 MAI - 39 40 Figure 4 shows several maps of households with access to a personal computer and the racial and ethnic makeup of counties in Florida. The county with the highest percentage of households with access to a personal computer is Seminole County, with 90% of households having such access. Hendry County has the least number of households with access to a personal computer at 41%. Residents in Seminole County are 75% white, 12% black, and 22% Hispanic or Latino. Residents in Hendry County are 80% white, 11% black, and 54% Hispanic or Latino. This figure tells us that at least 41% of residents in Florida counties have access to a personal computer, but that access varies significantly by race. Figure 4: Map of Personal Computer Access in Florida Counties by Race and Ethnicity Race by Personal Computer Access for White Residents Race by Personal Computer Access for Black or Florida Counties African America Residents, Florida Counties N �yoxpie c�u-nr nco�a� i whit® 42-63 64 - 73 74-79 80-64 85-92 u nn co mi of Desktops or Laptops 41-52 53-65 • 66-78 0 79 - 84 85-90 N A �yoxpie c�u�-nr nco�a� Black or African American L--] 3-8 9-14 15-23 24-39 40 - 55 ii�n�,na co�mv of Desktops or Laptops 41-52 53-65 m 66-78 4 79-84 85-90 Race by Personal Computer Access for Hispanic or Latino Residents, Florida Counties His panic or Latino P° " P 2 -as mons u 3-8 9-13 14-21 0022-32 way co�y Hq iw A��s 33-69 sn� a� �aGna Desktop or Laptop 41-52 53-65 • 66-78 • 79-84 • 85-90 M N A 15!1 Md. Figure 4. Data from U.S. Census Bureau 1 f7G Nadi - 41 42 Figure 5 shows the racial and ethnic makeup of homeowners in Florida by county. The largest number of homeowners is in Miami -Dade County with over four -hundred thousand. The least number of homeowners is in Lafayette County with under two thousand. The largest percentage of white homeowners are in Sumter County with 90%, while the lowest number of homeowners is in Miami -Dade County with 52%. The largest percentage of black homeowners are in Gilchrist County at 92%, while the lowest number of homeowners is in Monroe County with 21%. The largest percentage of Hispanic or Latino homeowners are in Calhoun County at 98%, while the county with the lowest number of Hispanic or Latino homeowners are in Jefferson County at 15%. Unlike black residents and Native Americans, at least 50% of white residents in every county owns a home. Hispanic or Latino residents are more likely to own and live in their own home in the northern part of Florida. Figure 5: County Map of Florida Homeowners by Race and Ethnicity Number of Homeowners in Florida by County N Homeowners —rte, c, 10% of White Homeowner 1,387 - 31 514 ®31,Q15 8154Q 6A 71 81,941 - 167,160 72-77 157,101 - 303,111 76-83 303.112 - 4,35,; 43 Md,, convey A36,]43 im Percentage of Black Homeowners in Florida by County ME �r �� III ��lllllfll� i»��//111��1r1//�rellll,! 1 wwier�i-ueda co��,u� —�r 51 h. 10G Nadi - Percentage of Hispanic or Latino Homeowners in Florida by County % of Hispanic or Latino 15-38 39 - 50 ® 51- 60 61-72 - 73-98 Figure 5 mato from U.S. Census Bureau r^ N A 15!1 — Md. 43 —rte, c, 10% of White Homeowner 52-63 RE 6A 71 72-77 76-83 84-90 wwier�i-ueda co��,u� —�r 51 h. 10G Nadi - Percentage of Hispanic or Latino Homeowners in Florida by County % of Hispanic or Latino 15-38 39 - 50 ® 51- 60 61-72 - 73-98 Figure 5 mato from U.S. Census Bureau r^ N A 15!1 — Md. 43 44 Figure 6 shows several maps of renters in Florida by county. The county with the largest number of renters is Miami -Dade County with over four hundred thousand renters. The county with the least number of renters is Lafayette County with under four hundred renters. The county with the highest number of white renters is Miami -Dade County at 48%, with the lowest number of white renters residing in Sumter County. Conversely, the county with the largest number of black renters is Monroe County at 78%, while the county with the least number of black renters is Gilchrist County at 6%. Finally, the county with the largest number of Hispanic or Latino renters is Jefferson County at 82%, while the county with the lowest number of Hispanic or Latino renters is Calhoun County at 1%. Renting and homeownership is an important distinction to make because it is a sign of generational wealth and assets. Less than 50% of white residents are renters, compared with black residents who have a significantly higher percentage chance of renting. Figure 6: Map of Renters in Florida Counties by Race and Ethnicity Number of Renters in Florida by County N APercentage of white Renters in Florida by County Renters 361 - 13,322 13,323 - 35,921 35,922 - 81,989 81,990-269,643 Mizmi-oaaec 41 1. 269,644 - 441,798 O ieo nna�, 1f7G nna�, 45 Percentage of Hispanic or Latino Renters Percentage of Black Renters in Florida by County in Florida by County % of Black Renters 6-30 31 -43 44-52 Mnnoc Ci ® 53-62 _ 63-78 N N A Figure 6 Data from U.S. Census Bureau T] 15!1 - Md. Taken together, the maps tell us that counties with higher median household incomes tend to have higher percentages of white residents, although this does not hold true for all counties. In addition, counties with higher percentages of white residents tend to have access to more technological resources. Compared to white Floridians, black Floridians are more likely to be renters and less likely to be homeowners especially in South Florida where home ownership is becoming increasingly out of reach for many. When it comes to those who identify as Hispanic or Latino, there is also a chance that they may identify with one of the racial groups, such as black or white. That is, an individual can be a white Hispanic or Latino, or a black Hispanic or Latino. Political Overview Florida, like all states, operates under a state constitution that guides the actions and behaviors of the state and local governments. According to the Florida Department of State (2016): 46 In preparation for statehood, fifty-six delegates from Florida's twenty counties assembled in the Panhandle town of Saint Joseph (near Port St. Joe) to frame the 1838 Constitution (cover). The delegates were mainly planters and lawyers from thirteen of the nation's twenty-six states and four foreign countries; only three were native Floridians. Three delegates would later become U.S. Senators; two, governors; and five, members of the state supreme court. The convention was called to order on December 3, 1838 and elected Robert Raymond Reid of St. Augustine as president. The constitution divided the government into the traditional three branches — an executive headed by the governor elected to a single four-year term, a bicameral legislature that met annually, and a judiciary headed by a supreme court. It banned bank officers, clergymen, and duelists from election to the legislature and governorship; and declared free men equal while at the same time preserving slavery. The constitution was approved by popular vote in 1839 and served as Florida's constitution from statehood in 1845 until Florida seceded from the Union in 1861. (p. ii) In 1968, after the revision and ratification of the Florida state constitution, authors of the revised state constitution created a provision that would propose revisions to the state's constitution every twenty years (Florida Chamber of Commerce 2016). The Constitution Revision Commission (CRC) was given the power to propose revisions with no oversight except for the ballot box, with the most recent constitution revision occurring in 2016. The positions within the CRC are appointed. The governor appoints fifteen people, the state Senate president appoints nine people, the Speaker of the House appoints nine people, the Chief Justice of the Florida Supreme Court appoints three people, and the attorney general serves on the Commission. Figure 7: Organizational Chart of Florida's Executive Branch Governor Lieutenant Governor 28 State Agencies and Departments Governor and Cabinet Chief Financial Officer Department of Financial Services Attorney General Department of Legal Affa i rs Commissioner of Agriculture Department of Agriculture and Consumer Services Figure 7 shows the organizational chart for Florida's executive branch. Power in the executive branch is split between the Executive Office of the Governor and the Florida Cabinet. Unlike other states, both the governorship and cabinet positions are elected positions, with each executive officer serving four years. Each of the executive officers heads an agency or commission, with the governor having power over all other agencies and commissions. Figure 8: Organizational Chart of Florida's Legislative Branch ative Branc House of Representatives Senate 120 State Representatives Speaker of the House ........................................................................ ........................................................................ Speaker Pro Tem ........................................................................ ........................................................................ Majority Leader ........................................................................ ........................................................................ Minority Leader ........................................................................ ........................................................................ Senate President 40 State Senators III II . President Pro T Majority Leader Minority Leader 47 48 Figure 8 details the organizational chart for Florida's legislative branch. The legislative branch is split between two houses, the House of Representatives, and the Senate. There are 40 state senators who serve four years each, with staggered terms. The Florida Senate includes a president who oversees the functions of the senate, and a president pro tempore who may conduct floor meetings in the absence of the president. There is also a majority leader who represents the party that has the majority in the senate, and a minority leader who represents the opposition party. There are 120 state representatives who serve 2 -year terms. Unlike the state senators, the terms for all 120 state representatives are not staggered. Like the state senate, the House of Representatives has a Speaker of the House that conducts floor meetings and oversees the functions of the House, and a speaker pro tempore who may stand in for the Speaker of the House. There is also a majority leader and a minority leader. Currently, the House of Representatives, the Senate, and the Governorship are controlled by the Republican Party. Republicans have held the governor's seat since 1999 when Republican Jeb Bush succeeded Democrat Kenneth H. Mackay. Republicans have controlled the State Senate since 1992, where they managed to overturn the Democrat's hold on the senate; and have controlled the House of Representatives since 1997. With the majority that Republicans have enjoyed over the years, many policies favored by their party have been enacted into law. The Republican Party maintains tight control over their members, often punishing dissenters with unwanted committee assignments or denying them benefits. Economic Overview After Texas and California, Florida is the third most populous state in the United States, with a growing population due to migration from northern states and foreign countries (Economic and Demographic Research 2020b). Florida's economy is largely dependent upon tourism, the cruise 49 industry, agriculture, the service sector, and population growth (Colburn and Dehaven-Smith 2010; Economic and Demographic Research 2020a). Florida's general revenue sources come from sales tax, corporate income tax, highway safety fees, beverage tax and licenses, insurance premium tax, service charges, tobacco taxes, corporation -filing fees, and other taxes and fees (Economic and Demographic Research 2011). The largest percentage of Florida's revenue comes from the sales tax, corporate income tax, and highway safety fees. Unlike the vast majority of the other states, Florida has no state income tax and operates as a haven for businesses by providing tax breaks. As a state located in the southern hemisphere, Florida's mild weather attracts a large percentage of elderly individuals and snowbirds who move to Florida. Florida is a tourist state, with most of its revenue and funding coming from tourist and supporting industries such as the service and cruise industries. As such, Florida is particularly sensitive to any negative impacts to tourism, with the COVID-19 pandemic being the most devastating and recent example. The City of Boynton Beach Context Historical Overview In the years following Florida's ratification to statehood, there was a considerable effort on the part of state politicians to increase the state's population. At the time, Florida was the least populous state in the south, with most of its population migrating from Georgia, Alabama, and South Carolina (Colburn & Dehaven-Smith, 2010). In their rush towards increasing the population, and the economic and agricultural development of Florida, "State leaders actively courted land developer Hamilton Disston, railroad magnates Henry Flagler, William D. Chipley, Henry G. Plant, and other wealthy investors, often throwing miles of free land at them and negotiation deals — frequently out of a sense of desperation — that would come back to haunt the state" (Colburn & Dehaven-Smith 2010, p. 18). 50 In 1893 Flagler secured a charter to build his own rail line through the untouched lower east coast of the state. With Flagler's Florida East Coast Railroad providing the life-giving impetus for the state's growth, one could argue that he almost single-handedly developed the State of Florida. New communities flourished along the railroad tracks. The railroad brought tourists from the North for rest and relaxation in the warm climate and to pamper themselves in the grandiose hotels that Flagler built. The railroad also enabled the state to bloom as the nation's winter vegetable garden. Blacks served as the primary labor source in Florida for planting, tending, and harvesting the crops. They also provided much of the labor to build the railroad and operate the hotels. (Dunn 1997, p. 46-47) Flagler's railroad tracks extended from the northern part of Florida, through West Palm Beach and south through Biscayne Bay, the furthest of any other railroad company (Dunn 1997). At the time, Dade County's border extended further north, encompassing what is now the Palm Beaches and Broward County (Dunn 1997). Many of the cities founded in South Florida were settled by out-of- towners who bought several acres of land to develop. Some of those city founders included Julia Tuttle who helped found Miami, Congressman William Linton who founded Linton now known as Delray, and Major Nathan Boynton who founded Boynton Beach (DeVries 2006; Dunn 1997). Nathan Boynton was a Michigan native who traveled down the East Coast Canal on a safari in Florida in 1894 (DeVries 2006). While on the safari Boynton "was so impressed by the area that he purchased 500 acres and a mile of the oceanfront" (Historic Sites Survey 1996, p. 14). Two years after his first journey to South Florida along the newly built East Coast Canal, Boynton began construction of the Boynton Hotel in the newly named Boynton community. Even before Boynton became a settlement and incorporated as a town in 1920, there was already a rich history of black residents settling and farming in the area. There is very little published history on the black history of Boynton Beach (Anthony 2016). Rather, like the black history of many towns in Florida, the life and history of black residents are known mainly through city records and oral 51 history. Fortunately, through a grant from the National Park Service, the City of Boynton Beach has created an historical preservation website that explores the influence and history of African Americans and Bahamians (Anthony 2016; Ihjt.Lp.: h_is pric. bpyinto �.:..lbeaclh..._o!rgj. One of the first recorded incidents of black settlers in the Boynton Beach area was in the 1980s when two black families, the Kings and the Cades, arrived to farm the land (Historic Sites Survey 1996). Another documented presence of black residents was the founding of Boynton Beach's first church, St. Paul's African Methodist Episcopal Church in 1892 and constituted in 1900 (Works Progress Administration 1900). As noted, much of the history of black residents and their impact on Boynton Beach is unpublished, and accounts from residents and their descendants is now being documented by the City. One such account concerns one of the most well-known black individuals who helped in the development of black Boynton Beach, Robert E. Wells. According to the Historic Preservation site, Wells, a Bahamian native, bought land in the area now known as Lake Worth. During his lifetime, Wells helped found St. Paul African Methodist Episcopal Church, requested a black teacher from Dade County, attended the signing of the documents that incorporated Boynton Beach as a town, was the leader of the Boynton Negro Civic League, and bought plats of land that would eventually become the downtown part of the Negro District in 1925. In 1907, black residents petitioned the Dade County School Board for a school for black students (Dade County School Board Minutes 1896). Unlike residents in other parts of Florida who were segregated and denied their rights through the Jim Crow laws of 1890s, Boynton had no such laws on file, at least until the next century (Colburn & Dehaven-Smith 2010). Through several ordinances passed in the 1920s and 1930s, Boynton made segregation into law and instituted sundown laws that prevented black residents from venturing into the white part of town. Figure 9 shows the area that the city forced black residents into through its segregation ordinances. 4 Figure 9 Segregation by Ordinance 37 in 1924 Boynton Beach, FL Census Tracts "Al104 4 kb a;""' Irl It9I �OYfirk .f �Apf Miles ?f'., �iMil'llll'1. l„ mi T.#.. QwfM'.rrY'i0f�, ''rt„�Brc, p-grl,l��ig�.rv, MI_I'I, Fgri f„;M1m; Mvi'ma, !:a'ii (Thall�anrtl'� NOCC, fr;7 52 Rgure .9 Ordinance 37 created the Negro District between modern day Seocrest ulnad to the West, Railroad Aare to the East-, Martin Cather King Jr. Blvd to the South, and Boynton Canal to the North. In 1924, City Ordinance 37 instituted segregation and forced many of the black residents and businesses to retreat into a different neighborhood, which the city called The Negro District within the Town of Boynton. That same year the City passed City Ordinance 47, which increased the area that fell within the segregated zone, forcing more black residents westward. In 1933, Boynton passed City Ordinance 135, which prohibited white residents from black communities, and black residents from any neighborhood that was not the Negro District, after 9:00 p.m. Sundown laws were not uncommon in the IL I Weath f� .o:A,,, N „� Ll � irv�^r e Pdk`: Y V4 firm �" w w imimmmmamgwM Mh 'IZCIi p✓a k A P c 0 rt fip pro.ugum [' �. 1W t., i%flNIWCkY Y 11 [ n '�H "% B 'eR .: arrmk 5 Vl�cd'ttirr�rirat�,cg-� "Al104 4 kb a;""' Irl It9I �OYfirk .f �Apf Miles ?f'., �iMil'llll'1. l„ mi T.#.. QwfM'.rrY'i0f�, ''rt„�Brc, p-grl,l��ig�.rv, MI_I'I, Fgri f„;M1m; Mvi'ma, !:a'ii (Thall�anrtl'� NOCC, fr;7 52 Rgure .9 Ordinance 37 created the Negro District between modern day Seocrest ulnad to the West, Railroad Aare to the East-, Martin Cather King Jr. Blvd to the South, and Boynton Canal to the North. In 1924, City Ordinance 37 instituted segregation and forced many of the black residents and businesses to retreat into a different neighborhood, which the city called The Negro District within the Town of Boynton. That same year the City passed City Ordinance 47, which increased the area that fell within the segregated zone, forcing more black residents westward. In 1933, Boynton passed City Ordinance 135, which prohibited white residents from black communities, and black residents from any neighborhood that was not the Negro District, after 9:00 p.m. Sundown laws were not uncommon in the 53 state of Florida during this era and the years afterwards. Colburn & Dehaven-Smith (2010, p. 19) state that: A major development of this era that would have long-term consequences was the geographic segregation of African Americans in Florida. Many Florida cities in the late nineteenth century restricted black residential areas to the other side of the railroad tracks or the outskirts of town. Cities on both the east and west coasts of Florida zoned housing for African Americans along a narrow strip of land that parallel the railroad tracks. As a consequence, black communities in the state tended to be highly concentrated and distributed in a linear fashion running from north to south. According to the City of Boynton Beach's Local History Archive (!h. ps_;//y✓w ..J yin Ibe I irg liil r ry gji gjl�_iy ), due to the shortage of labor as the result of World War II, farm owners petitioned for the school dates of black children to be changed so that they could work in the field. Farm owners and growers would proposition children outside of the school to work on their farm rather than attend school. In 1944, black community members were successful in ending the practice. In 1954, the United States Supreme Court made a landmark decision in Brown v. Board of Education of Topeka that ended school segregation. However, the courts placed no timeline on when and how schools school desegregate; rather they left it up to the individual state and local governments. This non -enforcement meant that many schools throughout the United States would not desegregate until many years later. In Boynton, school desegregation did not take place until 1961. The Civil Rights Act of 1964, passed by the federal government, eliminated all other aspects of formal segregation in schools, government offices, businesses, and elsewhere. However, aspects of segregation are still evident in the city today. Demographic Overview According to the United States Census Bureau, there are over 78,000 people who live in the City of Boynton Beach. Table 2 presents some basic demographic information on Boynton Beach's population. Over twenty percent of the population fall under the retirement age of 65 years and older, 54 which could potentially contribute to the city's health care system. Over 63% of the population identify as white, 30% of the population identify as black or African American, and 16% of the population identify as Hispanic or Latino. Table 2: Boynton Beach Demographics Demographic Percentage Age Persons under 5 years 5.4 Persons under 18 years 17.3 Persons 65 years and over 21.2 Race White 63.3 Black or African American 30.3 American Indian and Alaska Native 0.1 Asian 2.5 Native Hawaiian and Other Pacific Islander 0.0 Two or More Races 2.0 Hispanic or Latino 16.3 White, not Hispanic or Latino 49.6 Table 2: Data from U.S. Census Bureau Figure 10 shows a map of Boynton Beach by race. There is a visible separation between parts of the town that are mostly white, and those that are mostly black. The census tracts with the higher percentage of black residents coincides with the original part of the city that was segregated. 55 Figure 10: Map of Boynton Beach by Race and Ethnicity White Residents Boynton Beach, FL Census Tracts Black or African Americans Residents Boynton Beach, FL Census Tracts Hispanic or Latino Residents Boynton Beach, FL Census Tracts Y. Hisrpranic or Laeino 1C 14 10 22 Emil- ME,, on I Figure .10° Data front U.S. Census Bureau 56 Figure 11 shows a map of Boynton Beach by race, ethnicity, and income. The census tracts with the highest median household income is in the southern part of the city, which coincides with white residents with high median household income. Black residents with high median household income reside in the central and northern part of the city, while Hispanic or Latino residents with high median household income reside in the south and southeastern part of the city. 57 Figure 11: Map of Income in Boynton Beach by Race and Ethnicity Median Household Income White Median Household Income Boynton Beach, FL Census Tracts Boynton Beach, FL Census Tracts ME 04 $64 OB ®,cdpaos aro -yna. yr. ss Black or African American Median Household Income Boynton Beach, FL Census Tracts -71141 s ME 311.114 —Miles M - - . "(,l-4" Hispanic or Latino Median Household Income Boynton Beach, FL Census Tracts CiSpnl-p-m—w. [""7$5,;f', HM -.", "L " , , "' 591.11 -DI --C- 2 2 Figure ll: Datafrom U.S. Census Bureau 58 Figure 12 presents homeownership in Boynton Beach by race and ethnicity. There is a higher white homeownership than there are for black and Hispanic or Latino. For both black and white homeowners, there is a concentration in the southern part of the city that matches with the census tract areas with higher median household income. 59 Figure 12: County Map of Boynton Beach Homeowners by Race and Ethnicity White Homeownership Boynton Beach, FL Census Tracts Black Homeownership Boynton Beach, FL Census Tracts Hispanic or Latino Homeownership Boynton Beach, FL Census Tracts I�. Hiapanm or patina 2 ME IM I I Figure .12: )ata from U.S. Census Bureau 60 Figure 13 presents renters in Boynton Beach by race. There is lower concentration of white renters than there are black or Hispanic renters. There are more white renters in the north and northeastern section of the city than there are elsewhere. The concentration of black renters is spread throughout the city, as is the case for Hispanic or Latino renters. Figure 13: Map of Boynton Beach Renters by Race and Ethnicity White Renters Boynton Beach, FL Census Tracts Black Renters Boynton Beach, FL Census Tracts Hispanic or Latino Renters Boynton Beach, FL Census Tracts I Figure.13: )ata from U.S. Census Bureau I �AE 61 %H1.p -1- 2 VON/ lei I Figure.13: )ata from U.S. Census Bureau I �AE 61 %H1.p -1- 2 I Figure.13: )ata from U.S. Census Bureau I �AE 61 62 Political Overview Located in Palm Beach County, South Florida, the City of Boynton Beach has a commissioner - manager form of government, as opposed to a mayor -commissioner form of government. A commissioner -manager form of government places more power in the hands of the city manager and commissioners, and less in the hands of the mayor. According to DeSantis & Renner (2002), a commissioner -manager form of government "centralizes supervisory and administrative responsibility in one individual, allowing the individual's expertise and knowledge of administrative activities to be developed while vesting all power in an elected governing body to promote representative democracy' (p. 96). The commissioner -manager form of government changes the power of the mayor from a "strong" mayor to a "weak" mayor by separating the administrative and legislative responsibilities of the mayor (Salant 1989). The City of Boynton Beach elects a mayor and four commissioners, each of whom serves three- year two -term maximums. The city manager is not an elected position; rather the city manager is appointed by the city commission. The responsibilities of the city commission include: "creating a strategic direction for the city, adopting legislation, approving the budget, setting taxes and fees, hiring a city attorney, appointing board & committee members, and hiring and evaluating a city manager" gntoin-Ibeach.oir cit-coinninnii.s.sioin). The city manager oversees the overall administration of the City including several departments: Art in Public Places, City Clerk, , Community Standards, Development, Economic Development, Finance, Fire, Golf, Human Resources and Risk Management, Information Technology, Library, Police, Public Works, Recreation and Parks, and Utilities. In the United States, federal laws preempt state laws, and state laws preempt local laws. However, the tenth amendment of the U.S. Constitution states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States 63 respectively, or to the people (National Archives n.d.). This means that all powers not explicitly given to the federal government by the Constitution belong to the States. However, when it comes to local governments, there is no such provision. According to Swanson and Barrilleaux (2020, p. 674): Local governments exist because of state government grants of recognition. Some local governments receive the direct grant of a charter from the state, and others exist because of state authorizations for citizens who live in a certain area to form a local government. In either case, the state government grants local governments certain legislative powers... However, states may also expressly delegate restricted powers to local governments through enabling legislation... Discretion in this instance is granted to municipalities based on authority that is expressly given by the constitution or state statutes. Accordingly, laws passed at the state level override laws passed at the local level through preemption. If a city passes a ban on plastic straws or tries to pass a local government minimum wage, the state has the ability to override those decisions, either through the courts or through legislative action. Local governments and residents who share the same ideology as the state are less likely to face threats of preemption laws, and are given more autonomy (Swanson and Barrilleaux 2020). Economic Overview According to the City of Boynton Beach's website, the city has three main sectors that contribute to its economy: healthcare/social assistance, retail trade, and accommodation/food services (Ih. t.ps_°.(/naon�n...._ The city also boasts four breweries, and over the past several years has focused on increasing economic and community development through various projects and agencies. The Boynton Beach Community Redevelopment Agency (CRA) focuses on revitalizing areas that have deteriorated over the years and increasing the property tax revenues of the area. In 2017, the city hired a new economic development and strategy 64 director whose focus is on promoting the city's "economy and community through locally based, regionally driven development" (Engoren 2017). The city has also introduced several programs focused on helping local businesses thrive, especially during the COVID-19 pandemic. Taken together, this overview of the City of Boynton Beach's history, political arrangements, and economic development sets the context for an examination of the City's HR policies and practices. 65 The Structure As stated in its Strategic Plan Fiscal Year 2020-2021, the City aims to be "a welcoming and progressive coastal community that celebrates culture, innovation, and business development" (p.7). With this goal in mind, the City makes efforts to build "a vibrant and sustainable community that provides exceptional services" (ibid). The City values leadership, ethic, vitality, agility, unification, compassion, innovation, creation, and inclusion. The City has launched a strategic initiative to "cultivate consciousness and develop a framework to address racial and social equity in the delivery of City services for the benefit of all communities" (ibid., p.14). The City is an Equal Opportunity Employer and prohibits discrimination in all aspects of its personnel policies and practices. Organizational Profile Known as "America's Gateway to the Gulfstream," the City is a full-service municipality, providing every city service for its residents and visitors. Located in the heart of southeast Florida, in the center of Palm Beach County, the City is a coastal community consisting of 16.5 square miles that includes four miles of the Intracoastal Waterway and has one of only two operating full-service marinas in Palm Beach County. The City is the third largest municipality in Palm Beach County. The City's five elected officials include four district commissioners that serve three-year terms and a mayor -at -large that serves a maximum of two (three-year) terms. The City Commission creates the Strategic Plan for the City, adopts legislation, approves the City's budget, sets taxes and fees, and appoints the City Manager and City Attorney (yv..Itryingin::lbl girg). The City's diversity, equity, and inclusion efforts are managed by the Director of the Human Resources and Risk Management Department with a staff of 66 ten. With 850 employees, the department is "very lean" (City official, personal conversation, June 8, 2021). Demographics of the City Workforce Contract, Regular, and Bargaining Unit Employees The City of Boynton Beach has three groups of employees: contract employees, regular employees, and bargaining unit employees. Table 3 presents the City workforce by employee types. Contract employees are individuals hired by direct Letter of Appointment. Regular employees are employees whose terms and conditions of employment are covered by the Personnel Policy Manual. Bargaining unit employees are those employees whose positions are covered by collective bargaining agreements (CBAs) and whose terms and conditions of employment are covered by CGAs. Based on the records in the City's Master Employee Report, nearly half of the City workforce is the bargaining unit employee. There are four CBAs for blue collar, white collar, police, and fire employees, respectively. The City and the Unions affirm their joint opposition to any discriminatory policies and practices to the extent prohibited by law related to employment. The CBAs set out provisions relating to grievance and arbitration, hours of work, compensation, benefits, etc. The CBAs also provide specific details regarding recruitment and selection, discipline and performance management, professional development, as well as promotion and demotion. Table 3: City Workforce by Employee Types Contract Employees 97 12% Regular Employees 86 11% Bargaining Unit Employees 451 56% SEIU Florida Public Services Union, CTW, CLC— 144 32% Blue Collar SEIU Florida Public Services Union, CTW, CLC— 81 18% White Collar Palm Beach County Police Benevolent 117 26% Association 67 International Association of Fire Fighters, 109 24% Local 1891 Total Employees 807* Note: The percentages of contract employees, regular employees, and bargaining unit employees do not add up to 100% because of drop plan, part-time, and temporary employees. Workforce by Gender Based on the records in the City's Master Employee Report, the City workforce is currently 28% female and 72% male. Compared to the City's gender demographics in 2019, women are underrepresented in the City workforce (See Table 4). However, the representation of female increases substantially when looking at the regular employees and contract employees, which are 49% and 44% respectively. As shown in Table 4, the female -male parity is stronger regarding the regular employees and contract employees, while is weaker regarding the bargaining unit employees. This is understandable in that male police employees and fire employees are in the majority in the bargaining unit employees. Table 4: City Workforce by Male and Female Total Bargaining Total Contract Regular Employees Unit Population Employees Employees Employees Female 229 28% 43 44% 42 49% 92 20% 41,385 52.6% Male 578 72% 54 56% 44 51% 359 80% 37,294 47.4% Total 807 97 86 451 78,679 Workforce by Race and Ethnicity Based on the records in the City's Master Employee Report, the City workforce identifies as 0.4% American Indian, 1.1% Asian, 28.9% Black, 12.8% Hispanic or Latino, 0.1% Native Hawaiian and 55.9% White, and 0.9% of employees have two or more races. Compared to the total population of the City in 2019, Asian, Black, and Hispanic or Latino are underrepresented in the City workforce, while White residents have a greater representation in the City workforce (See Table 5). 68 As presented in Table 5, the demographics of the total employee population are close to the contract employees, regular employees, and bargaining unit employees. Over half of the employees are White. The proportion of White employees is nearly 60% in the contract workforce. The proportion of Black employees is nearly 30% across different types of employees. The proportion of Hispanic or Latino employees reaches around 20% in the regular workforce. Table 5 American Indian/Alaskan Native Asian Black or African American Hispanic or Latino Native Hawaiian or Other Pacific Islander White Two or More Races Total Workforce by Age ty Workforce by Race and Ethnicity Total Contract Regular Bargaining Total Employee Employe Employe Unit Populati s es es Employees on 3 0.4% 3 0.7% 0.1% 9 1.1% 1 1% 1 1.2% 5 1.1% 2.5% 23 28.9 2 27.8 2 29.1 135 29.9% 30.3% 3 % 7 % 5 % 10 12.8 1 12.4 1 19.8 58 12.9% 16.3% 3 % 2 % 7 % 1 0.1% 1 0.2% 0.0% 45 55.9 5 57.7 4 50% 244 54.1% 49.6% 1 % 6 % 3 7 0.9% 1 1% 5 1.1% 2% 80 9 8 451 7 7 6 Based on the records in the City's Master Employee Report, Generation X is the largest group in the City workforce, followed by the Millennials and Baby Boomers. As Table 6 shown, baby boomers account for a larger proportion in the contract employees than in the regular and bargaining unit employees. Over half of the regular employees are Generation X. Regarding bargaining unit employees, the largest group is Millennials. 69 Table 6: City Workforce by Age Demographic Representation by Occupational Categories The City workforce gender and race/ethnic demographics vary across occupational categories. Table 7 shows the City workforce demographics by Equal Employment Opportunity (EEO) -4 category. The EEO -4 category is extracted from the reports that collected by the U.S. Equal Employment Opportunity Commission from states and localities. There is a stronger representation of females in Administrative Support and Para -Professionals categories. A larger number of male employees are in Protective Services, Service Maintenance, Skilled Crafts, and Technicians categories. There is room for improvement at the City in terms of gender representation in those categories. The White employees comprise over 50% in Officials/Administrators, Professionals, Protective Services, and Technicians categories. Black, Indigenous, and People of Color (BIPOC) comprise over 60% in Service Maintenance and Skilled Crafts categories. There is room for improvement in the Officials/Administrators, Professionals, Protective Services, and Technicians categories. Total Contract Regular Bargaining Unit Employees Employees Employees Employees Before 1945 g 1.1% Baby boomers 185 22.9% 33 34.0% 20 23.3% 50 11.1% (1946-1964) Generation X 317 39.3% 40 41.2% 44 51.2% 193 42.8% (1965-1980) Millennials 283 35.1% 24 24.7% 22 25.6% 203 45.0% (1981-1996) Generation Z 13 1.6% 5 1.1% (1997-2015) Total 807 97 86 451 Demographic Representation by Occupational Categories The City workforce gender and race/ethnic demographics vary across occupational categories. Table 7 shows the City workforce demographics by Equal Employment Opportunity (EEO) -4 category. The EEO -4 category is extracted from the reports that collected by the U.S. Equal Employment Opportunity Commission from states and localities. There is a stronger representation of females in Administrative Support and Para -Professionals categories. A larger number of male employees are in Protective Services, Service Maintenance, Skilled Crafts, and Technicians categories. There is room for improvement at the City in terms of gender representation in those categories. The White employees comprise over 50% in Officials/Administrators, Professionals, Protective Services, and Technicians categories. Black, Indigenous, and People of Color (BIPOC) comprise over 60% in Service Maintenance and Skilled Crafts categories. There is room for improvement in the Officials/Administrators, Professionals, Protective Services, and Technicians categories. 70 Table 7: City Workforce Demographics by EEO -4 Category Overview of Personnel Policies and Practices Related to Recruitment, Hiring and Development Organization for Personnel Administration Organizations for personnel administration for the City of Boynton Beach include the City Manager and the Human Resources and Risk Management Department. The Human Resources Director is responsible for developing and administering recruitment, hiring, and employee development. The Human Resources Director is appointed by the City Manager, who appoints, promotes, transfers, removes, demotes, suspends, or disciplines all subordinate employees (City of Boynton Beach Personnel Policy Manual, 2011, p.5). The City Manager is responsible to the City Commission for the administration of the personnel system. Recruitment and Hiring The Hiring Process Total Female Male White BIPOC* Employees Administrative Support 86 10.7% 70 81.4% 16 18.6% 42 48.8% 44 51.2% Officials/Administrators 23 2.9% 7 30.4% 16 69.6% 15 65.2% 8 34.8% Para -Professionals 56 6.9% 34 60.7% 22 39.3% 27 48.2% 29 51.8% Professionals 131 16.3% 48 36.6% 83 63.4% 86 65.6% 45 34.4% Protective Services 220 27.3% 39 17.7% 181 82.3% 157 71.4% 63 28.6% Service Maintenance 166 20.6% 14 8.4% 152 91.6% 57 34.3% 109 65.7% Skilled Crafts 49 6.1% 1 2.0% 48 98.0% 18 36.7% 31 63.3% Technicians 75 9.3% 15 20.0% 60 80.0% 48 64.0% 27 36.0% Total 806 228 28.3% 578 71.7% 450 55.8% 356 44.2% Note: BIPOC stands for Black, Indigenous, and People of Color. BIPOC includes Black or African American, American Indian/Alaskan Native, Asian, Native Hawaiian or Other Pacific Islander, and Hispanic or Latino. Overview of Personnel Policies and Practices Related to Recruitment, Hiring and Development Organization for Personnel Administration Organizations for personnel administration for the City of Boynton Beach include the City Manager and the Human Resources and Risk Management Department. The Human Resources Director is responsible for developing and administering recruitment, hiring, and employee development. The Human Resources Director is appointed by the City Manager, who appoints, promotes, transfers, removes, demotes, suspends, or disciplines all subordinate employees (City of Boynton Beach Personnel Policy Manual, 2011, p.5). The City Manager is responsible to the City Commission for the administration of the personnel system. Recruitment and Hiring The Hiring Process 71 Based on the document entitled "City of Boynton Beach Hiring Process" that was last updated in July 2018, Figure 14 describes the following steps in the recruitment and hiring process. In the first step, the hiring department forwards to Human Resources a position requisition. The request is made electronically using the requisition form of the NEOGOV Online Hiring Center (OHC). Once receiving the approval from the Department Head, the Director of Human Resources, and the City Manager, Human Resources then proceed with the next step of the hiring process. In the second step, the Human Resources team works in close partnership with the hiring manager to plan the process, including reviewing the job descriptions, setting minimum requirements, and deciding preferred requirements. Next, Human Resources will develop the job posting using NEOGOV's Insight and publish it to the website ( .. oveirnirnenfobs„coinn careers bo intonbeaclhfll). Alternative methods of advertising include but are not limited to newspapers, journals, professional organization websites, other agencies, and social media. Once Human Resources has officially announced a job vacancy through the posting of an Employment Opportunity notice on the City's website, the official recruitment process has begun. Individuals desiring consideration for employment must submit an Application for Employment to Human Resources via the City's website. The City has "banned the box' on its employment applications for all positions (except sworn law enforcement officers and certified firefighters as there are statutory criminal convictions that result in immediate disqualification). In the screening step, the Human Resources team conducts the initial screening of the applications and forwards those that meet the minimum requirements to the hiring manager for additional review. In the meantime, applicants may track the status of their applications by logging in to their account at any time. Human Resources will conduct phone screens with candidates who meet the minimum qualifications to ensure that they understand the position requirements, the pay range, and the schedule. The next step is an additional round of screening that is completed using assessments. The assessments are scheduled and generally administered by Human Resources. Once evaluated by the 72 hiring committee, a list of candidates who have passed the assessments are forwarded to the hiring manager. After receipt of the eligible candidates, Human Resources prepares, coordinates, and conducts the structured interviews. Human Resources processes the interview scores for each candidate. Once that is done, the list of scores is provided to the hiring manager for review. All candidates with a passing score can be considered for the position. The hiring manager will review the interview scores along with any other relevant information about the candidates when making the final hiring selection. Human Resources then gets approval (electronically through NeoGov) from the Human Resources Director and City Manager to make a conditional offer to the selected candidate. The conditional offer of employment is conditioned on successful completion of a thorough background check including a criminal history report, references, public records check, verification of education and credentials and, when applicable, pre-employment physical, drug screen, and motor vehicle check. The Human Resources Director reviews the candidate's complete hiring file including background check information. If a candidate has a criminal history, the Director of Human Resources conducts an individualized assessment, consistent with the EEOC guidance, as outlined in the City's Administrative Policy No. 01-001: Consideration of Background Checks in Employment Decisions. The Human Resources Director and then the City Manager will complete their reviews to approve (electronically through NeoGov) a final offer of employment. Human Resources will then extend the final offer of employment to the candidate and establish a start date. New hires are required to complete a twelve-month probationary period. 73 Figure 14: Steps in the Hiring Process „......Position....Req.u.is.it.ion..... ..............P'Ia.n.n.�.n ..to....Hire.............„ �.........................Advert.1.Z.l.n.g......................„ ...........................5 c r e ening ......................... E�� ............................................................................................................................................................................................ Interviewing ............................Se11.ect...ng.......................... ...Offe.r...of...E..p.l.oyme.n t. III Recruitment Practices The City's recruitment objective is to efficiently recruit and retain the best -qualified people while recognizing and encouraging the value of diversity. Based on the data from the City's EEO Summary Recruitment Report, the degree of diversity in the applicant pool is examined. Figure 15 presents the percentage of job applicants by gender from 2016 to 2020. Over this period, the percentage of male applicants is greater than that of female applicants. In 2017 and 2019, the percentage of male applicants declined compared to the other years. In addition, in 2017 and 2019, the percentages of male and female applicants were close at nearly 50%. 74 Percentage of Applicants by Gender 70% 60% Figure 16 shows the percentage of job applicants by race and ethnicity during 2016-2020. The most applicants are African Americans, accounting for nearly 40% of all the applicants. The second largest group is White applicants, accounting for nearly 35% of all the applicants. Approximately 15% of the applicants are Hispanic or Latino. 45% 40% 35% 30% 25% 20% 1.5% 1.0% 5% Qa% Percentage of Applicants by Race and Ethnicity 75 Notes: W = White, AA = Black or African American, H = Hispanic or Latino, 2M = Two or More Races, AS = Asian, Al = American Indian/Alaskan Native, NH = Native Hawaiian or Other Pacific Islander. Retention and Development Compensation The City of Boynton Beach provides the basic compensation, such as overtime pay and compensatory time, as well as the incentive pay and bonus awards to retain and motivate employees to improve their performance. The City provides the overtime compensation for employees. Overtime pay may be given only for authorized or directed time worked more than 40 hours in a seven-day workweek. In addition, an employee eligible for overtime may be granted compensatory time off at the same rate it was earned. Employees may accumulate a maximum of 80 hours of compensatory time (City of Boynton Beach Personnel Policy Manual, 2011) or an amount of hours as specified in individual Collective Bargaining Agreements. Compensatory time may be taken as earned subject to the approval of the Department Head/Designee who shall schedule the time off to meet the operating requirements of the Department. The City has established the Incentive Pay System to motivate and reward employees based on their job performance and contributions to the accomplishment of major objectives. The activities include but are not limited to cost efficiencies, improvements in operations, productivity enhancements, and so forth. The purpose of the system is to "promote continuous improvement and quality performance through individual and cooperative effort, assist in career development and advancement, identify individual training needs, determine suitability for assignment, effectiveness in the assigned position and identify individual ability for assuming more responsibility' (City of Boynton Beach Personnel Policy Manual, 2011, p.15). In addition, the City Manager is authorized to approve a bonus up to $500.00 when such a bonus is justified, in writing, by the Department Head. By this approach, the immediate supervisor and 76 Department Director can recognize top performance and reward the employee promptly. A separate allowance will be provided for the bonus and administered under the direct control of the City Manager. Only one bonus will be allowed to an employee in a fiscal year. Benefits In addition to the compensation, the City offers a variety of employee benefits to attract and retain the best employees. First, full-time employees are eligible for City -observed holidays with pay. Second, employees (who work at least 30 hours per week) are eligible for insurance benefits effective the first day of the month following thirty days of employment. Third, each full-time employee earns vacation leave according to their years of service. Fourth, sick leave with pay is granted to full-time employees, regarding personal sickness, disability, legal quarantine or because of exposure to contagious disease. Additionally, 40-80 hours (depending on bargaining agreement) per fiscal year may be taken for employees for the illness of a family member. The City also offers an emergency cash out of vacation or sick leave if employees experience a hardship. Additionally, for those employees who have continuous attendance at work, they are eligible to receive eight bonus vacation hours on a quarterly basis. For those employees who are members of military reserve units and who must attend annual training sessions, they are entitled to a leave with pay. For those employees who face the event of the death of a family member, they are entitled to paid compassionate leave with 24 hours or 40 hours if leaving the State. For those employees who retire, the benefits are set forth in the pension plan at the time of retirement. The City's comprehensive benefit package can be found at the employee benefit webpage (r ._ p. inton-beach.oir`oln-ouir-team eirn Ilo ee-benefirts). The City offers group medical insurance for all employees and their eligible dependents including the domestic partners. The City attaches great importance to the employee health and wellness. The City has partnered with a company to offer an Employee Health and Wellness Center that provides clinic services for employees and their dependents 77 as well as retirees who are actively enrolled on the medical insurance plan. The Boynton Beach B.O.D.S. (Better Our Daily Selves) wellness program provides health screenings, education tools, and programs that help employees achieve their healthy lifestyle goals. Professional Development The City has provided professional development opportunities to support the continuing education and training for their employees, to help retain employees and increase the available talent pool for leadership. The City used to offer in-house training programs pertaining to a wide variety of topics, such as computer programs, supervisory and management skills. It is our understanding that in this budget year a position dedicated to organizational development and training has been reinstated. Regarding the external training, the City provides the leave with pay and tuition assistance to support the employees. Employees have access to the Boynton Beach City Library and its Digital Library to improve their expertise and skills. To better solve the possible conflicts of compensation, benefits, and other working conditions, the City deals with formal grievances promptly. Grievances are coordinated by the Human Resources Director who ensures the appropriate Department Director is notified and timely files a response. Performance Appraisal Accredited departments conduct annual employee evaluations. Human Resources has recently begun to deploy Perform (a NeoGov module) to aid supervisors and managers in providing "real-time feedback" to their employees. The City also uses Performance Improvement Plans in situations where an employee's probation needs to be extended, when an employee's performance has deteriorated over a period of time, and when an employee's performance falls below standard following deployment of a new system or process. The Performance Improvement Plan describes the employee's current performance issues, states the performance expectations for required area(s) of improvement, and 78 provides an action plan to guide the employee toward improving performance within a defined and monitored timeframe. Discussion The City has made a clear commitment to support the values of diversity, equity, and inclusion in the workforce. However, there is untapped potential for opportunities to strengthen the City's workforce. Increasing the representation of females is one such opportunity. Representation can be viewed in block or segmented equality terms. Block equality focuses on whether differences are present between groups. Segmented equality looks at differences within a specific group or category of people (Frederickson 2010). Over half of the total population in the City of Boynton Beach is female, but females only account for 28% of total City employees. In the bargaining unit employees, the proportion is even smaller, which is 20%. More importantly, only 30% of the Officials/Administrators are female. In addition, although the workforce by race and ethnicity representation is mostly consistent with that of the total population in the City, there is room for improvement in the representation of Asian, Black, and Hispanic or Latinos in the City workforce. Regarding the representation by occupational categories, the proportion of White Officials/Administrators, Professionals, and Technicians is much greater than that of their BIPOC counterparts. The City has a solid track record of the adoption of several HR policies and practices to promote diversity, equity, and inclusion. Examples include paying attention to the gender and race/ethnicity of the job applicants in terms of the recruitment, and providing domestic partner benefits for employees to achieve a fair and equitable work environment. In addition to the existing policies and practices, more work remains to be done. Regarding the City's hiring process, a clearer guidance on how to efficiently recruit the best -qualified people while recognizing and encouraging the value of diversity represents another opportunity to strengthen the workforce. Furthermore, when selecting job candidates, their 79 potential commitment to diversity, equity, and inclusion in the workplace, in addition to the professional expertise and skill, can also be assessed. Regarding retention and development, staff training should include more coaching on fostering an organizational culture that is committed to the values and practices of diversity, equity, and inclusion. These and other opportunities for advancing the values of diversity, equity, and inclusion are incorporated into the Recommendations, below. Commentary The City of Boynton Beach has effective HR policies and procedures in place that comply with federal and state EEO and AA legislatively mandated regulations. As such, the City is poised to "go beyond compliance" by taking a holistic approach to advancing a more diverse, equitable, and inclusive workforce. The initiation of this City Assessment is a tangible and visible first step in the process. While specific recommendations and a Plan of Action are presented later in this document, an immediate next step would be the hiring of an Equity and Inclusion Director charged with spearheading the City's systemic and synergistic approaches. 80 Rationale for Selection of Cities The cities were selected "opportunistically." The primary three selection criteria for inclusion were 1) that the jurisdiction had experienced a "critical incident" as a catalyst for reform, 2) that the city had begun to advance an equity lens in its operations, and 3) it was willing to engage with our team members and participate in interviews. Each of the four cities can be considered a "Best in Class" city, with the caveat that they are amongst a number of small -to -medium sized cities who could be similarly identified. Given the variation across the cities, direct comparisons between the jurisdictions are not made. Rather, generalities in terms of commonalities and differences are presented. 81 Geographical Location of Cities b Tacoma, WA CA Cambridge, N W+E S le, FL �i --Boynton Beach, FL Figure .:t7,° Locations of Comparison Cites and Boynton Beach Figure 17 presents the geographical location of the City of Boynton Beach and the four comparison cities. The selected cities represent different regions of the United States. The City of Tacoma is located in the northwestern part of the United States, Redwood City in the southwest, Cambridge in the northeast, and Gainesville in the southeast. The figures that follow present comparison data between the four selected cities and the City in terms of population, racial demographics, educational attainment, median household income, percentage of residents in poverty, and homeownership. 82 Popullation Estimate 250,000 1..50, 000 50,000 0 13oynton 13each, Tacoryia, WA CarnIL.)ridge, IMA Redwood City, Gainesville, ::�I ::�j CA Figure .1.8 Population Estimates of Boynton Beach and Comparison Cities., lata sources from the U.S. Census Bureau. Figure 18 presents the population estimate of the City and the comparison cities. With the exception of the City of Tacoma, all of the comparison cities have a population under 150,000. Race & I:..:..-tIhinidrty 70% 60% 50% 40% 30% 20% 1.0% MI luji, 0% NQ IIII IBoyntcan 13,each, IFIL ija Tacoma, WA IIIII Carnbridge, IMA Redwood City, CA IN Gainesville, IFIL Figure 19: Percentage of Racial and Ethnic Demographics. Data sourced from the U.S. Census Bureau. 83 Figure 19 presents the percentage of White — Non -Hispanic, Black or African American, White — Hispanic, Non -White Hispanic, Asians, Native Americans, and people reporting two or more races in the City and the comparison cities. For all the cities, the group with the highest percentage was non - Hispanic White. We note that this data is based on 2019 Census data. The 2020 Census data collects information on race and ethnicity in a far more sophisticated manner but is not available at the time of this report. Boynton Beach's demographic distribution is similar to the other cities except that it has a larger Black population (30.3%) than others with Gainesville at 21.8% and all others below 11%, and a lower Asian population at 23% compared to the average for these cities of 9.9%. E u cath Irn II Attainment, MM 60% 40% 20% 0% 13oynto7 l3e,:ach, iacorn<a, WA Caarnhridge, IMA Redwood City, Gainesville, 1:1.... :::J1 . CA IIIIIIIII 1Dercenta e of I l h .school graduate or higher holo 1=aearceantage of 13 achelor's degree or higher F-igure 20. Percentage of Educotlon al Levels of Boynton Beach and Coraporisora Cities„ Datasourced from the U.S. Census Bureau. Figure 20 presents the educational attainment of residents in the City and the comparison cities by percentage. All of the cities have over 80% of residents attaining a high school diploma or more, while only the City of Cambridge has over 60% of its residents having a bachelor's degree or higher. 84 Mediain 11 II uselhoII Ilincorne $3.40,000 $120,000 $.1.00,000 $80,000 $60,000 $40,000 $20,000 $0 1:30yinton 13each, Tacoma, WA Cambridge, IMA IRedvvood City, Gainesville, F:1 F L CA Figure 21: Median Household Income of Boynton Beach and Comparison Cities. Data sourced from the U.S., Census Bureau. Figure 21 presents the median household income of Boynton Beach and the comparison cities. All cities fall under $120,000, with the lowest median household income occurring in the City of Gainesville under $40,000. 1.00% 90% 80% 70% 60% 50% 40% 30% 20% 1.0% 0% Percentage of PeopIle in IPOVE!rty 0 0 13my7ton 13each, Facorna, WA IT IL. 0 M I Carnbridge, IMA Redwood City, Gainesville, ::�j CA Figure 22: Percentage of people in poverty in Boynton Beach and Comparison Cities. Data sourced frons the U.S. Census Bureau. 85 Figure 22 presents the percentage of people that are in poverty in the City and the comparison cities. Matching with the lowest median household income in figure 16, the City of Gainesville has the highest percent of people in poverty of the cities in the figure. The City of Redwood has the lowest percentage of people in poverty. 7..00% 90% 80% 70 60 50% 40% 30% 20% 1.0% 0% II II o Irn eowin e irs h ii 1p f:: oyntorn Beach, Tacoma, WA Cambridge, IMA Redwood City, Gainesville, F1l fII... CA IIIIIIIII Percentage of Iiorrreowners 11 Percenka e of Renters l.-igure 23 Percentage of Owners Occupying f -louses and Renters in Boynton leach and Comparison Cities. Data sourced from the U.S. Census Bureau and SimplyAnalytics. Figure 23 presents the percentage of people who own homes and those who are renters in the City and the comparison cities. The City of Cambridge has the highest percentage of renters, while the City of Tacoma and Redwood City have relatively similar homeowners and renters. Northwest Case: City of Tacoma, Washington Table 8: City of Tacoma Community Profile Demographic Population Population 203,481 Median Household Income $52,042 Age Persons under 5 years 6.4% Persons under 18 years 21.6% Persons 65 years and over 13.0% City Workforce 86 Tota 1 Minority Female 3,617 866 (23.94%) 1,168(32.29%) Race/Ethnicity White 65.4% Black or African American 10.5% American Indian and Alaska Native 1.2% Asian 9.0% Native Hawaiian and Other Pacific Islander 1.1% Hispanic or Latino 11.5% Table 8: ICMA Equity & Inclusion l'oolkit, p., 46 (see also .Smith, p. 12). The port city of Tacoma is one of a relatively small number of cities that are on the forefront of addressing and advancing equity and inclusion. The goal for the City was not just transforming HR systems best practices, but "anti -racist systems transformation" - undoing institutional and systemic racism. Starting internally, city leaders' attention was placed on recruiting, hiring, and retention practices, underscoring their commitment to developing a city workforce that better reflects the community it serves. In 2015, the Office of Equity and Human Rights (OEHR) was created, with a director and 10 full- time staff. This took place within the context of police transformation in the City, and with a sense of urgency to move forward. The scope of the Office's portfolio is both external and internal. Externally, the focus is on "healing the heart of Tacoma" in response to the passage of Resolution 40622, An Anti - Racist Tacoma. The Racial Equity Framework is the foundation of the City's equity work, and works with a number of community commissions (such as Disability Rights, and Human Resources) to empower the commissions. The discussion that follows focuses on the internal -facing work only. The equity infrastructure of the City extends from the OEHR to include a Racial Equity Action Plan (REAP) for every City department, designed to improve the diversity of workplaces, produce tangible outcomes (not just transactional), and strengthen community engagement. An Equity and Empowerment Think Tank comprises representatives from each department. Their work considers the area to focus on first "because there are so many." The OEHR conducted, and presented to the City 87 Council on May 11, 2021, a Workforce Equity Study, in consultation with GARE. According to the City's Interim Chief Equity Officer, "the GARE network was instrumental in operationalizing [our] racial equity work." The OEHR addressed the policies and procedures that shaped the internal makeup of the City's workforce. This process reviewed recruitment, hiring processes, employee education, and succession planning. It revealed flaws in hiring processes that involved unneeded requirements (e.g., driver's license requirement for an accountant position), early exclusion of qualified candidates, or unneeded measures of candidate fitness (Smith, p. 12). Mary Morrison, Organization Development Manager, underscores these efforts: "'Qualified' — it is used as code. We need to challenge what we mean by qualified" (Smith, p. 18). She also speaks to the pipeline problem discussed above: "We have to be more intentional about looking at the pipeline for both gender and race. There are jobs so deeply designed for men and we don't even think to challenge or change them" (as cited in Smith, p. 21). In a relatively short time, the OEHR has redesigned multiple internal workforce policies and procedures. According to the City's Interim Chief Equity Officer, "we are now successful in hiring a more diverse workforce." Interviewing practices have been modified to include diverse interview panels. To improve retention, new employees are assigned mentors who provide guidance and advice. The OEHR created useful internal documents, such as a handbook called Recruiting, Hiring, and Retention: Applying an Equity Lens to Recruiting, Interviewing, Hiring & Retaining Employees. The handbook, which has been distributed to local governments nationwide, identifies tangible ways to apply an equity lens to hiring. These measures included reviewing job descriptions, eliminating unneeded requirements (see also the discussion of "Ban the Box'), including statements about diversity, and the development of appropriate supplemental questions about the candidate's ability to work in an environment serving a diverse community. They conducted multiple and ongoing training sessions for staff around race, unconscious bias, and equity. Future work will include efforts to strengthen succession planning, adoption of more 88 accurate performance measures for positions (Smith, p. 13), and the ongoing development and assessment of department -wide anti -racist strategic plans. In an interview with the City of Tacoma's interim Chief Equity (CE) Officer on June 7, 2021, she identified their primary focus as introducing the conversation on race. This focus has two dimensions - equity training for all employees, and engaging in "uncomfortable" conversations with executive leadership. The Equity 101 training relates to the history of the City and racial injustices. She indicated that the employees were largely unaware of this history. The training is in its fifth year, and all employees have now received this training. "We led with race intentionally." Staff pushed back on the single focus on African Americans, but the strategy was that by raising up blacks, "we will lift all minority groups." The language used in the training presented roadblocks. Discussion of a "white supremacist culture" was objectionable to many staff. In answer to the question, how do we want to talk about this, the answer was to "bring data to the forefront, to disaggregate all the data." The goal was, as stated above, not just transforming HR systems best practices, but "anti -racist systems transformation" - undoing institutional and systemic racism by "comprehensive change that fundamentally enhances and radically re -imagines the way we operate as an organization and ultimately, the way we serve you ( Jnr i ypj: ... a... ... .... .::.... . • For the executive leadership, it was considered essential to "bring them to a place of understanding." Over a period of six weeks, "uncomfortable and emotional" conversations took place, to hear about the "hard stories" of the experience of minority staff and administrators, and to be "vulnerable" in the process. Spending more time with the executive leadership was essential before making recommendations for systems change. The overarching goal of this foundational (and ongoing) work is anti -racist systems transformation. It's "so important for HR professionals to understand a welcoming environment. It's not just about hiring ... it's not just about having a diverse applicant pool, it's also having a diverse interview 89 panel [who have taken unconscious bias training], and it's about how best to manage a diverse workforce." It is also about having sufficient bandwidth to carry the work forward. In this regard, equity committees with diversity champions have been established in each department to carry the work forward. The CE Officer identified a number of challenges, not least that managers are now tasked with managing a more diverse workforce without the accompanying training on how best to do so. She also cited problems of retention, especially women of color. The City's equity work is ongoing, and builds upon its impressive record of accomplishments to date. Northeast Case: City of Cambridge, MA Table 9: City of Cambridge Community Profile Demographic Population Population 118,927 Median Household Income $103,154 Age Persons under 5 years 4.4% Persons under 18 years 12.2% Persons 65 years and over 11.1% City Workforce Tota 1 2,775 Minority 1,020 (36.75%) Female 1,304 (46.99%) Race/Ethnicity White 66.1% Black or African American 10.7% American Indian and Alaska Native 0.2% Asian 16.7% Native Hawaiian and Other Pacific Islander 0.1% Hispanic or Latino 9.5% 'Fable .9: Data from U.S., Census Bureau; City of Cambridge April 7021 F-xecutive .Summary Cambridge is a "very progressive city with very civic -minded and engaged residents" (personal communication with Betsy Allen, July 14, 2021). Within this context, the City of Cambridge is committed to a progressive approach to diversity, equity, and inclusion. According to the City's website, the Office of Equity and Inclusion (OEI) upholds, reaffirms, and guides the City's commitment to equal employment 90 opportunity; helps City departments build and support a workforce that continually reflects the diversity of the people the City serves; and conceptualizes and cultivates equity and inclusion as singular organizational priorities, placing these principles at the heart of what the City's workforce does. All of this, in turn, helps the City of Cambridge to both maintain a workplace culture where all employees can flourish and deliver high quality, exceptional customer service to all ( ._cgjJm ij ,g imn .g v). The organizational structure of the City facilitates accountability and responsibility for advancing equity and inclusion. The Office of Equity and Inclusion (OIE) has an overarching mandate across all 44 City departments. The Director reports to the City Manager. The Personnel Director reports to the Assistant City Manager of Fiscal Affairs who in turn reports to the City Manager. This reporting structure avoids any operational issues between equity and inclusion, and personnel. Parenthetically, the Department of Workforce Development reports to the Assistant City Manager for Human Services, and its focus is on professional development within the department itself. OEI's work includes, among other things, monitoring all equal employment opportunity and non-discrimination laws to ensure compliance, and monitoring the workplace climate for the presence of behaviors, actions, inactions and personal interactions that may lead City of Cambridge employees to feel disrespected, devalued, or unwelcomed. Further, OEI maintains and evaluates demographic data and processes workforce reports for the Equal Employment Opportunity Commission; ensures adherence to Affirmative Action Plan goals; investigates formal complaints of alleged discrimination; and reviews and approves construction bids for compliance with the Minority Business Enterprise Program. In addition to these legal and regulatory compliance actions -- vital and bedrock components of OEI's work in support of both the City and its employees -- the department uses a four -pronged approach and strategic directions to accomplish its overall mission and achieve its goals (vvrIbiriigirr7.gpr): OEI provides structure for all City diversity, equity and inclusion initiatives by formally aligning the City's personnel policies in support of equity and inclusion. The processes of recruitment, 91 hiring, and promotion provide a salient example of such alignment. The Director of the OEI characterizes these hiring processes as a three-legged stool: o Structure and process aligned with respect to recruitment, hiring, and promotion (RHP); documents are updated o Leadership training on the updated RHP structure, processes and documents o A comprehensive learning plan to train employees on the revised RHP processes at every level (to begin in September 2021), thereby synergizing the efforts across the organization. Alignment is also central to the City's Anti -racism E&I Initiative. For the past three years, the City has built teams of leaders and managers across departments to participate in bi-monthly training focused on how people are to be treated. The training is intended to build competency in how best to lead a diverse workforce, and includes training on micro -aggressions and cultural competency. OEI advances departmental level implementation of diversity, equity and inclusion (DEI) efforts through its Equity and Inclusion Partner (EIP) project. This is a targeted and strategic project intended to operationalize DEI efforts at the departmental level by engaging with individual departmental partners. Working in consultation, the OEI and the department develop a mini - plan around specific interventions that the department needs (Police, Fire, and Public Works departments' specific needs will differ from those of the department of Community Development, for example), and then the personnel department is brought in to assist in the department's efforts. Ongoing conversations between the OEI and the department builds buy -in from the department and a sense of ownership. "The onus is on the department and the spotlight is on them to take charge" (OEI Director personal communication).). The approach is collaborative (motivated by "carrots" rather than "sticks"), and avoids much of the pushback 92 that can be expected from a more confrontational, directive, and punitive approach. To date, the City has not tied employee performance to results, in recognition that it takes time to develop buy -in. The OIE's philosophy is to let E&I approaches develop "organically'; that managing a diverse workforce and advancing racial equity and inclusion is "not intuitive to most people. We assume the best intentions and give them the support they need ... We don't have the stick because you have to have the three-legged stool and change hearts and minds and have the structure to support it" (Ms. Allen). • OEI collaborates with the City Manager's Office to equip leadership and management staff with adaptive and cultural competency skills through targeted and continuous learning and best practices seminars. OEI facilitates and institutionalizes increased antiracism, diversity, equity and Inclusion training for staff at all levels. The training consists of bi-monthly seminars and is mandatory for selected participants. An interview with the Director of the OEI on June 15, 2021 was further instructive. She indicated that the City "had been making [DEI] strides since the 1990s with Valuing Diversity, our mandatory half day workshop for all new employees." The City's Police Department came under scrutiny in 2009 with the Henry Louis Gates incident (Ib. tps_; /v�aw ....n iirnn s._cgm 2_ D0. X17/ �./qs/21..ga e ..1h.�im.11) which led to reforms in the Police Department. The City's far-reaching DEI efforts were launched almost a decade later. In speaking about any initial pushback, she responded that "pushback isn't the right word." When she hears from departments that "we don't have time [to consider E&I efforts, it's not my job]", her office "tackles that head on — you will be doing your job through an equity lens — it is your job." She stated that it "took a year for this to set in — you can't order them to do it." 93 The City is an associate member of GARE. The membership is "not exceedingly helpful but you get out of it what you put into it, especially learning from peers. The resources and annual conferences are additional member benefits. As a final note, the City of Cambridge functions in a highly political environment. Not unlike the other selected cities, any "airing of dirty laundry" about racial injustices is fraught with conflict. The City embarked on a town hall listening tour to hear from the community and their workforce, and then "got out in front with the communication. We've seen the light. We are intentional, deliberate and strategic about being equitable and inclusive and we are taking several steps, and showing a good faith effort, to buy some time with the community and put some dollars behind it" (Ms. Allen). Based upon the experience of the OEI to date, this approach is proving effective. Southwest Case: Redwood City, California Table 10: Redwood City Community Profile Demographic Population Population 85,925 Median Household Income $117,123 Age Persons under 5 years 6.3% Persons under 18 years 21.4% Persons 65 years and over 12.7% City Workforce Total Minority Female Race/Ethnicity White 58.6% Black or African American 1.7% American Indian and Alaska Native 0.7% Asian 14.5% Native Hawaiian and Other Pacific Islander 1.0% Hispanic or Latino 35.4% Fable 10: Data from U.S., Census Bureau 94 The City of Redwood City is located in the heart of Silicon Valley and serves as the county seat for San Mateo County. Redwood City has a rich history, and is the oldest city on the San Francisco Peninsula (incorporated in 1867). It has long been considered a regional epicenter for progressive thought and ideals sitting adjacent to Stanford University. The City is a charter city with a council- manager form of government in a majority -minority jurisdiction. The City's vision and mission statements are, respectively, a community where people of all backgrounds and income levels can thrive; and building a welcoming Redwood City through collaboration, responsiveness and excellence (vyrvdrnr.ireveadiyirg 2020 Strategic Plan). The City is organized into ten Departments. The HR division is one of three divisions within the City's Administrative Services Department, with a staff of seven. The City has established a solid framework to address racial inequities that were detailed in a 2018 report by the County Health Department (Health Equity & Race, San Mateo County Health Government Alliance on Race & Equity Initiative). As with the City of Tacoma, Redwood City intentionally decided to lead with race — a transformative approach. Declaring that race matters — structural racism, institutional racism, individual racism, and racial equity — the City moved to formalize their commitment. Resolution No. 15877, adopted by the City Council on August 10, 2020, declared "that black lives matter and [reaffirmed] the City of Redwood City's commitment to racial equity" (v4r .ir vve ad i y ...... The Resolution commits the City to, in part, '[i]mproving diversity in its hiring practices, promotions within City departments, and appointments to City boards, committees and commissions, as well as rooting out all forms of bias, discrimination or harassment within City government, wherever that may exist ... [and] [s]trengthening the City's commitment to diversity, equity and inclusion within the City organization and in the provision of City services..." (Equity and Social Justice Sub -Committee meeting, April 15, 2021). On October 12, 2020, the City's 2020 Strategic Plan was amended to include the foundational principle, "Redwood City will put equity first, urging a collective restart so that policies serve the entire community' (ibid). 95 More recently, the City has elevated diversity, equity and inclusion in a number of ways. The context of 2020 — issues of racial equity and policing, and the budget cuts within the City's public safety departments (Police and Fire) — became the catalysts for reform. In December 2020, the City's first Equity and Inclusion Officer (E&I) joined the City Manager's Office. The first staff member is expected to be hired in a few months, as a Management Fellow, a two-year contracted position that will report to the E&I Officer. The E&I Officer (as does the Director of Human Resources) reports directly to the Assistant City Manager for Administrative Services, focused internally (the other Assistant City Manager is externally -focused on the community). This is viewed as an effective organizational structure, given that the "City Manager is very interested in equity and inclusion... There are enough touch points with the City Manager and the City Council in order to have power to be effective" (personal communication with Briana Evans, July 13, 2021). The E&I Office has a budget of $550,000 for a two-year budget cycle (2021-2022). On March 8, 2021, the City Council Sub -Committee on Equity and Social Justice (E&SJ) was created, consisting of three members of the City Council, appointed by the Mayor and serving for one- year terms. The Committee, with the support of the Assistant City Manager (the E&I Officer serves as staff liaison), "help[s] the City apply an equity lens to its policies and delivery of services, in accordance with the City's Strategic Plan and Resolution 15877" (ibid). Among its other charges, it supports the City staff's development and implementation of an Equity Plan that would include establishing metrics for long-term change in the vein of a "movement evaluation." Internal diversity, equity and inclusion (DEI) work is organized around five strategies crafted from staff input on internal opportunities and challenges, namely: - Honor the experiences and engage the leadership of people and groups most impacted - Grow institutional capability and resilience to support an inclusive workplace - Build strong, diverse career pipelines and promotional pathways 96 - Facilitate transparent, open communication and feedback across and between levels in the organization - Apply an equity lens in our work (ibid). Key DEI actions include providing DEI -related training to staff (such as unconscious bias and cultural humility training), strengthening feedback and reporting, improving internal communication, and proactively affirming inclusion in HR processes (ibid). The City operationalizes equity through an equity lens by seeking answers to the following questions: (,ir�nraaairyirg, Diversity is a Fact, Equity is a Goal, Inclusion is a Practice): - Who would benefit or be burdened by this proposal? - What do the various data tell us about who is affected? - How do we engage those who are not often represented in decision-making or those most impacted by inequities? - Who sits at the decision-making table? Who has the power to invite or participate? Whose interests are represented? - How can we advance equity through the implementation of the policy or program? - What unintended consequences might be produced by the program or policy? - How will we be accountable to, and communicate with, the staff (and the community) through implementation? During two interviews with Redwood City's E&I Officer (on April 21 and July 13, 2021), we learned that the Sub -Committee on E&SJ expects to submit a draft Equity Plan to the City Council at the end of August (2021), some five months after the Sub -Committee was created. The goal is long-term institutionalize change. The Plan will include an "anchor institution" strategy, an equity index, and guidance to staff to how to include an equity lens to their work. The equity index will be refined over a period of four months, during which time decisions will be made regarding which indicators to include. 97 The Equity Plan is modeled on the City of Long Beach Equity Toolkit (I„. r Rgij h Equity 1foollkit , The E&I Officer noted that the Long Beach toolkit "is more ascetically pleasing and more concrete” than the GARE toolkit which she described as "hard to use for staff." In the meantime, she leads the IDEAL Program (Inclusion, Diversity, Equity, Accessibility, and Leadership) in the City Manager's Office. She is working on all -staff training on applying an equity lens to the City's workforce, as a tactical strategy. As part of this process, she is engaging with individual departments (including Police and Fire) to identify short-term professional development needs, and to support long-term career advancement (e.g., Parks Department). In terms of pushback, the E&I Officer stated that there is "not a lot of pushback." Pushback was evident, however, in a number of circumstances. For example, the City's Art Commission has commissioned a racial equity mural. The feedback is that "this is not a good use of our government dollars ... I don't believe racial equity is real." Another form of pushback is characterized as follows: "I would like to see you do X and if you don't do this, then nothing is worth doing, nothing you're doing is worth it". She stated that "we expect pushback, but it's challenging when pushback is from supporters". Pushback from staff has been limited. Listening sessions with staff, a staff survey (see Appendix D), and clarity around "communicating who is doing what" have proven effective. She stated that affordable housing is the "most crucial issue of the City." As such, her office is examining the impact on the City's workforce on recruitment and hiring. She is looking at living wages and whether the City is able to develop a local preference in hiring; "there is a legal component to this." As a final note, the City has linked up with five other cities who are interested in equity work but do not have the resources to hire an E&I Officer. 98 Southeast Case: City of Gainesville, Florida Table 11: City of Gainesville Community Profile Demographic Population Population 133,068 Median Household Income $34,004 Age Persons under 5 years 3.9% Persons under 18 years 13.2% Persons 65 years and over 10.8% City Workforce Total 2,307 Minority 680 (29.48%) Female 696 (30.17%) Race/Ethnicity White 65.4% Black or African American 21.8% American Indian and Alaska Native 0.4% Asian 7.2% Native Hawaiian and Other Pacific Islander 0.1% Hispanic or Latino 11.9% Fable 1.1. Data from U.S. Census Bureau The City of Gainesville has a well-developed diversity, inclusion, and equity organizational infrastructure, and a documented robust process for identifying underrepresentation and underutilization of women and minorities in the City's workforce. The Office of Equal Opportunity (OEO) was established in 2018. The catalyst for action was a report released that same year from the University of Florida Bureau of Economic and Business Research (the BEBR Report) which identified the glaring racial disparities across Alachua County. Commissioner Johnson, an African-American woman, committed to fund the Office with two full-time staff in a workforce of 2,000 plus employees. The current staffing of the Office also includes one other equity specialist, and two additional lines, currently vacant (an Equity Specialist and a Data Analyst). The OEO Director, a Charter Officer, reports to the Commission as does the City Manager, with the HR Director reporting to the City Manager. Relatedly, it is noted that in 2019, the City Commission passed a resolution "confirming that race and equity is a core value that will be incorporated into the updated version of the City of Gainesville's Comprehensive 99 Plan... [which] serves as a guideline for governing the city over the next 10 years (Gail Johnson, The Gainesville Sun, February 14, 2020). Workforce equity is included in the Plan "so that hiring, training and promoting a racially and culturally diverse workforce within all departments, at all levels, is evident in outcomes" (ibid). The (interim) director has overall responsibility for the implementation of the Equal Employment Opportunity Policy (EEOP) and the City's voluntary Affirmative Action Plan (AAP). It is noted that the inaugural Director, Ms. Taneesha Marshall, resigned on April 30, 2021 in protest to "escape a toxic situation" (see wcbj.com TV news for details). In November 2002, the OEO was reorganized by a charter amendment, elevating the position of Equal Opportunity Director as a Charter Officer reporting directly to the City Commission. In 2010, the City Commission adopted the Dismantling Prejudices & Biases Initiative as an effort to address the issue of racism, particularly institutional racism, and the centuries' long impact of such a phenomenon. In 2016, the Dismantling Prejudices & Biases Initiative was folded into the Citizens Diversity & Inclusion Advisory Committee. The OEO's mission is as follows: "Our office provides expertise, tools, data and programming to promote diversity, equity and inclusion. We drive cultural transformation through education, policy development and guidance, the celebration of diversity, and fair and objective responses to complaints and concerns" (�nr nr ilt. of aine.svillle..orOffiiceoflE.: ua1O..._�oirtuirniity AboutOEO). In 2019, the OEO broadened its mission which is reflected in its new name, the Office of Equity and Inclusion (OEI). The OEI reviews all job descriptions, hires, transfers, demotions, promotions, and terminations for compliance with equal opportunity laws, policies, procedures, and related guidelines, and monitors voluntary affirmative action targets, providing on-going support to hiring managers and departments. Voluntary means the AAP is not mandated by the federal government but both the EEOP and the AAP are approved by the City Commission, making both documents enforceable. 100 Affirmative Action Plans analyze the composition of the workforce and determine areas in which minorities and women are underrepresented or concentrated. A diagnostic component of the annual AAP includes a job group analysis, which compares the representation of minorities and women in the workforce with the estimated available qualified minorities and women who could be employed by the City in positions. Other components include an availability analysis, a comparison of incumbency vs estimated availability, placement goals, identification of problem areas by organizational unit and job group, hires, promotion practices, compensation systems, and the development and implementation of action -oriented programs. These programs are intended to remove identified barriers, expand employment opportunities, and produce measurable results. (Further details are available at www,Cit ofGaiiine.sviilllle OfficeoflE:: uallO oirtunit AffuinmatinreActiionE ualO poirtuir�it ZAffiiirirnativeActioin ........... ........... ..... ......... ................ ..............�....................... .....................q.......................L2.Lp.................................Y�............................................... ............ ................................. Y IFII_q_rn .AAI{' .. An annual Diversity Work Plan is also required by each department. The Office provides annual mandatory Diversity Training for all employees, designed to provide employees a broad perspective on the issue of diversity and how it impacts the workforce. The training reviews all Equal Opportunity policies and procedures, and raises sensitivity to diversity and inclusion in the workplace. The OEI champions decision-making through a race and equity lens. An equity core team has been established with half of the City's departments represented. The remainder will follow in 2021 to assist in achieving this goal (Gail Johnson, The Gainesville Sun, February 14, 2020). An interview with the Diversity Equity and Inclusion (DEI) Manager, on June 11, 2021, was instructive. He stated that in the last two years, the Office of Equity and Inclusion shifted its focus from EEO to equity and inclusion (the new name of the Office) — beyond compliance to federal and state employment laws and towards a holistic assessment of the HR systems and equity structures within the city's workforce. One of the first and fundamental initiatives addressed workforce demographics — how and what data are collected. The challenge for the City is that their demographic data is not disaggregated by race, but rather combines race and ethnicity, making comparisons and analyses with 101 census data impossible. Any data reconciliation relies upon the executive leadership and the HR department making this a priority, which to date has not fully occurred. As noted earlier, it is imperative that the equity office and HR department work collaboratively in order to effect positive systemic reform. The City's HR systems date to the 1980s; the Personnel Policy Manual has not been updated since 2011. Not surprisingly, there are a number of policies and procedures that are outdated. For example, one of the minimum qualifications is proficiency in a typing test. The DEI Manager stated that the test represents a financial hardship for many lower -socioeconomic applicants; applicants can be assumed to be proficient in typing if they hold a degree or have work experience. Similarly, the Fire Department requires applicants for entry-level firefighters to complete a three-month course which is scheduled to match the schedule of current fire-fighters; namely 2 days on with 1-2 days off. This schedule is difficult if not impossible for applicants who are working full-time. Recognizing the limitations of this restricted schedule, the City approved a special line of funding to waive the fee for the course and provided financial incentives for participation. "Rates of black firefighters shot up. But the financial support has now been withdrawn, and we are back to the same problem." In a frank comment, the DEI Manager characterized his office's work as "pushback is really the job." He stated that the "most critical component is the buy in by the highest person. They have to be the champion; the City Manager needs to be the loudest voice. We are doing the work in spite of the leadership." He cited the organizational structure — the HR director reports to the City Manager, and the Equity and Inclusion director also reports directly to the City Manager. This arrangement makes it difficult for the E&I office to work effectively with the HR department if the executive leadership is "disinterested." In a more optimistic perspective, the DEI Manager acknowledges the potential for positive change management in the organization. The City joined GARE in 2019 and is utilizing the Racial Equity 102 Tool Kit. The (anti -racist) tool is in place. However, the implementation has not followed. He likens the situation to a chainsaw in the hands of a toddler — the tool is sharp but ineffective; "it's like putting a foreign tool in people's hands." As in the case of the City of Tacoma, coaching of senior leadership, and a shared definition of equity and success, is a necessary prerequisite to recommending programmatic reforms. Without the leadership "having an internal motivation to do it", programs may be adjusted but systems will remain largely unchanged. As a final comment, he stated that RACE for Equity is a clata- driven Results -Based Accountability (RBA) framework within GARE. Created in 2018, RACE for Equity advocates "for equity to play a central role in the work of every organization ... and system..." (If_F(q.r.quit�.net). Membership in GARE and utilization of RBA will be recommended to the City of Boynton Beach. Discussion The four selected cities, each in their own right focused on advancing diversity, equity and inclusion, differ in their approach and experiences. While they each had a "critical incident" that served as a catalyst for action, and an online equity and inclusion presence, their experiences are unique in practice. The City of Gainesville's website documents portray a city that has a focused and comprehensive structure and processes designed to identify and rectify racial inequities in the workplace. Implementation in practice is less clear. Challenges of data reconciliation, an organizational structure that impedes decision-making and accountability, and an executive leadership that may not be fully motivated to change management and workplace reform are also part of the picture. While a strong web presence in equity and inclusion may be a necessary prerequisite to advances in actual practice, the example of the City of Gainesville suggests that it is not sufficient. The approach taken by the City of Tacoma and the City of Cambridge is a holistic and synergistic one, strategic and intentional in addressing past racial injustices and deliberate in implementing 103 comprehensive workplace reforms with organizational support and leadership buy -in. Redwood City is moving towards approving an Equity Plan which will be transformative in nature. Their website presence is consistent with actual practice, and their E&I workforce efforts extend beyond their online identity. As with the City of Gainesville, efforts to address racial inequities take place within a political context, and clear communication with the community and the workforce, listening to service recipients and staff, is key. The degree of pushback varies across the cities, as does their means to minimize it. Conflict should be understood and embraced as part of the process. "Conflict is not only incidental but is required for transformation to occur and be sustained. It's been said that conflict — from discomfort to active disagreement — is change trying to happen" (Hecht, 2020). Membership in GARE is largely beneficial, as is coaching and training of executive leadership, followed by all staff training. Competency in managing a more diverse workforce is not assumed. Efforts to institutionalize interconnected systems change and reform specific workplace policies, when undertaken in tandem, are likely to have more effective outcomes. Commentary Our research into the actual experience of cities striving towards more equitable workplaces highlights the difficulties in implementing systemic reforms. Documented policies and procedures, and contracted tools only go so far. Without an accompanying focused commitment to meaningful implementation and ongoing support, the best -laid plans have limited impact. This leads us to a further recommendation to the City of Boynton Beach; namely, that the City take the necessary time to reflect upon the recommendations that follow before acting on implementation. Race Forward, a national organization at the forefront of advancing equity with experience in dozens of local jurisdictions, lends support to this recommendation. The organization has long discouraged rushing to action before laying 104 crucial foundations ( A.m.i .ir dvv _.cJ:ty , Equity and Social Justice Sub -Committee meeting, April 15, 2021). The City of San Carlos, CA's experience is also illustrative. In their 21 Day Social & Racial Equity Challenge, they close, in part, as follows: "Though many people want to jump to action sooner instead of later, action without a vigorous self -education and self -reflection practice can unexpectedly reproduce the very power and privilege dynamics we seek to interrupt in this work." (�ww.cfsa nnarllos.org_.,.y :.Y:::c i 1: .... 105 Actionable Proposed Recommendations Michelle Bachelet, the United Nations High Commissioner for Human Rights, in speaking about a recently released report calling for measures to dismantle discrimination, said: "The status quo is untenable... Systemic racism needs a systemic response." (Nick Cumming -Bruce, The New York Times, June 29, 2021, p. A9). This general sentiment is shared by each of our interviewees and is a common theme in the academic and professional literature. In order for greater diversity, equity and inclusion to be institutionalized within a municipality, the process should be systemic, holistic and synergistic. The City of Tacoma exemplifies this approach, as anti -racist systems transformation. The recommendations that follow are presented first from a systemic perspective. The more "tactical" recommendations then follow. Systemic Recommendations 1. Integrate equity into the City's Strategic Plans 2. Appoint/hire a Director of Equity and Inclusion (E&I) charged with spearheading the City's approaches. 3. Provide the necessary financial and administrative support for the Director's role. 4. Embark on a listening tour by holding town hall sessions with City staff (and with the community). Provide opportunities for staff to engage in meaningful conversations about diversity, beginning with race. It is important that the staff feel a sense of ownership of the changes being considered for implementation. Engaging the staff in developing meaningful problem statements and solutions is a means to this end. Prepare for the uncomfortable and unfamiliar. 106 5. Conduct an employee survey of diversity, equity, and inclusion (see Appendix D for an example from Redwood City). 6. Formally adopt a definition of equity. Early investment in defining the meaning and scope of equity concepts is a best practice that encourages productive discussion by offering words for concepts and topics many individuals do not discuss explicitly with colleagues (on�nr ir`nr1.Y.,.irg, Equity and Social Justice Sub -Committee meeting, April 15, 2021). 7. Coach the City's Executive Leadership on the state of the organization's workplace diversity, equity and inclusion to bring them "to a place of understanding" such as occurred in the City of Tacoma. Recognize the history of institutional racism within the City of Boynton Beach. An historical awareness (for example, Tacoma's Equity 101 training that covers the history of the City and past injustices) promotes, normalizes and operationalizes such understanding. Creating a shared definition of equity and success is a necessary prerequisite prior to any rollout of systems and procedural changes. 8. Identify equity -specific policy priorities. 9. Codify equity commitment and attendant protocols. Align the City's personnel policies (hiring, recruitment, and retention) in support of equity and inclusion. Such alignment requires collaboration and cooperation between the E&I director and the HR director. 10. a. Specific to hiring - expand outreach opportunities to attract a more diverse applicant pool and integrate racial demographics into the screening matrix (see also Tactical Recommendation #2 below). b. Specific to recruitment - evaluate new and existing position descriptions to reduce barriers to access (for example, higher education and professional associations). c. Specific to retention - create support structures for employee racial and ethnic affinity groups. This approach can then be extended to other forms of diversity. 107 Explore and implement compensation for language skills (City of Boulder CO, Racial Equity Plan, February 2021). 11. Provide leadership training on how best to manage a diverse workforce, and on the updated "aligned" structures and processes. 12. Provide introductory Equity Training to all employees, including the history of institutional discrimination, implicit bias, and micro -aggression training. Use the "train -the -trainer" model to continue to build internal expertise. 13. Nurture an organizational culture that prioritizes "humanity. People need the ability to work with the dignity of having their histories acknowledged and their life experience valued" (Hecht, 220). 14. Provide New Employee Orientation that grounds new staff members in the City's organizational culture and in what the city is working towards. 15. Acknowledge that systemic change management is, by definition, challenging. Pushback is to be expected and anticipated. As the City of Cambridge illustrates, being intentional, deliberate and strategic about being equitable and inclusive is key. 16. Recognize that the City Manager (in concert with the City Commission) is the "Communicator in Chief". The City Manager should be the most vocal voice for equity, by communicating clearly and realistically, and amplifying the voices of the executive leadership. 17. Provide training on communications and messaging about equity to appropriate staff. Intentionally set aside defensiveness in favor of expressions of openness and candor. 18. Establish (or departments can create their own) equity committees with diversity champions in each department to advance departmental level implementation of diversity, equity and 108 inclusion. The City of Cambridge's Equity and Inclusion Partner (EIP) project is one such model. Another is the City of Bounder's Racial Equity Teams. 19. Join GARE as a Core Member and apply its racial equity toolkit of standards and programs to the unique needs of the City. 20. Remain connected with the professional associations, such as IPMA-HR, to promote the systemic, holistic, and synergistic transformation. Tactical Recommendations 1. Begin by addressing racial equity as a gateway for addressing issues related to additional forms of diversity. 2. Establish clear equity expectation language and implement in handbooks and scopes of work. 3. Recruitment and hiring, utilize the existing NEOGOV Online Hiring Center to strengthen analysis about applicant flow. As all individuals must complete an official application via the City's webpage to be considered for a position, Human Resources can better utilize data from the electronic applications through the NEOGOV'sAnalytics and Reporting software. The analysis about applicant flow could be linked to each phase of the hiring process, from screening, assessing, interviewing, to selecting, which is incumbent on NeoGov making these features available. The data analysis will facilitate and support a diverse applicant pool and thus ensure greater diversity, equity, and inclusion in the City workforce. 4. Strengthen metrics and accountability by utilizing dashboards to track progress and/or present equity data in terms of an equity atlas, which provides a spatial visualization. 5. Provide business cards to staff that explain how to apply for a city job that can be given to people in the community interested in a city job. 109 6. Host job fairs to provide a direct contact for potential applicants for any questions, and introduce intern opportunities to prepare interns for potential employment. 7. Reconsider minimum educational requirements for entry-level positions. 8. Retention and development, provide additional opportunities for employee -focused talent and skills development through training and mentoring. The existing training has covered a wide range of topics. Conduct a regular survey to capture the specific need and demand for training activities of employees. Utilize the Credit for Attending Training to attract and encourage employees to develop their expertise and skills. 9. Launch a formal mentoring program and target populations that frequently encounter barriers. The City of San Antonio's Women's Leadership Mentoring Program, and the City of Decatur's development program called the Decatur E5 Academy (Engaged, Effective, Excellent, and Evolved Employees) Academy are two such examples. 10. Compile internal documents, such as handbooks and brochures, identifying policies and practices addressing diversity, equity, and inclusion. 11. In recognition that COVID-19 resulted in a new norm, consider additional flexible arrangements and modes of work in a post -pandemic workplace, such as job rotation and telecommuting. Alternative work schedules increase retention, employee satisfaction, and work productivity. In a recent NY Times (July 2, 2021) article entitled, Returning to the Office? The Myth of Serendipity, the author (Claire Cain Miller) states that "there is no evidence that working in person is essential for creativity and collaboration. It may even hurt innovation... because the demand for doing office work at a prescribed time and place is a big reason the American workplace has been inhospitable for many people. "That's led to a lot of the outcomes we see in the modern office environment — long hours, burnout, the 110 lack of representation — because that office culture is set up for the advantage of the few, not the many"(Spaulding, as cited in Miller 2021). Strategy in Diversity, Equity, and Inclusion The workplace is in a state of flux. How work is organized, where it is performed, and who holds which positions is an increasingly dynamic process. The COVID-19 pandemic, the Black Lives Matter movement, and political, racial and civil unrest have combined to shift the contours of the meaning of work and workplaces. Within this context, the City of Boynton Beach is assessing how best not only to respond to the "new normal", as the City's reimagines what work and the workplace looks like, but to embrace the opportunity to engage in systemic and procedural changes in HR through an equity lens. The City's 2020-2021 Strategic Plan references diversity, equity and inclusion in broad terms. One of the top six priorities for the City is to become a "high performing organization" (p. 5). One of the four competencies is: "We are a community of inclusion and belonging — we value our residents and embrace our diversity" (p. 9). One of the strategic initiatives is to "Cultivate consciousness and develop a framework to address racial and social equity in the delivery of City services for the benefit of all communities within the City" (p. 14). This initiative is the focus on the externally -oriented phase of the inter -local agreement between the City and FIU. Phase 1 of the project, the internal assessment, is not specifically mentioned. As noted above, it will be important in terms of executive leadership communication and staff buy -in that this internally -oriented work — to advance a more diverse, equitable and inclusive workplace in order to become a "high performing organization" - be articulated in the City's 2021-2022 Strategic Plan. Proposed Action Plan The Action Plan mirrors the systemic and tactical recommendations above. The following timeline is proposed: 112 September — October 2021 - Present Benchmarking Report to City Commission for review and input November - December 2021 - Formal City Commission approval and adoption of Benchmarking Report January 2022 - Appoint/hire a Director of Equity and Inclusion (E&I) charged with spearheading the City's approaches - Join GARE as a Core Member - Connect with professional associations such as IPMA-HR January — February 2022 - Executive Leadership coaching on the state of the organization's workplace diversity, equity and inclusion, and on how best to manage a diverse workforce - Formally adopt definition of equity March —July 2022 - Hold town hall listening sessions with City staff - Conduct employee survey - Identify equity -specific policy priorities - Establish departmental equity committees - Provide equity training to all employees August — September 2022 - Executive leadership and departmental director training on the updated "aligned" structures and processes - Begin the process of aligning the City's personnel policies in support of equity and inclusion (see also Tactical Recommendations, above) .2 0 CL 73 2 w rn c' 0 M- ES > 0 tzYTLL its 0 33 E5. 0 ',PJ, =1 "a- 0 L E U cL Lo 2 u 0 CD 0 E a CP 114 Key Performance Indicators Performance indicators can utilize transactional and/or transformational metrics. Transactional metrics are quantifiable internal markers intended to show what has been accomplished. Transformational metrics, which are often qualitative, show how people and the organization have been altered through collective efforts. In this report, transactional metrics would measure whether the specific systemic recommendation has been achieved. For example, did the City approve the benchmarking report? Was an E&I director appointed/hired? and so forth (a yes or no response). Transformational metrics, on the other hand, attempt to measure the impact of different systemic recommendations. For example, did the executive leadership coaching result in a growing understanding on the state of the organization's workplace DEI? To what extent did the town hall listening sessions with staff lead to a sense of ownership of the changes being considered for implementation? Similarly, how effective was the all -staff equity training? To what extent is the staff better informed about the history of systemic discrimination, and has competency in implicit bias and micro -aggressions? Clearly, transactional metrics can be readily identified, whereas transformational metrics involve a more nuanced consideration. Accountability that attaches to transactional metrics is clear-cut; accountability for transformational goals is more subtle. In the final analysis, it will be important for the City to demonstrate an early success in the implementation of one or more of the proposed actions. Such early successes demonstrate the City's commitment to, and support of, a diverse, equitable and inclusive workplace, and builds momentum for subsequent actions that follow. 115 CONCLUSION As the American novelist and social critic, James Baldwin said: "Not everything that is faced can be changed, but nothing can be changed until it is faced." The City of Boynton Beach is facing issues of diversity, equity, and inclusion with a clear-sighted, analytical approach. This report has presented the major takeaways from the academic and professional literature, has situated the study of the City of Boynton Beach within the State of Florida context, has researched the state of the City's HR policies and procedures, and has benchmarked HR processes to best practices in four selected cities, representing regional coverage. The Cities of Tacoma, Cambridge, Redwood, and Gainesville are on the forefront of addressing and advancing equity and inclusion. However, they are not alone. Our research identified a number of other cities whose record of advancing diversity, equity, and inclusion is noteworthy. The Cities of Mountain View CA, Minneapolis MN, Long Beach CA, Sunnyvale CA, and Palo Alto CA are actively addressing DEI at the municipal level and advancing equity work. So too are the Cities of Boulder CO which has developed a model Equity Plan, and San Carlos CA which has put together some valuable resources (see Appendix A). The recommendations presented are informed by the experiences of these cities. Interviews with City Administrators revealed the contours of applying an equity lens in sharp relief. Visible and vocal commitment by the cities' executive leadership is key, as is listening to and learning from town hall sessions. As Brooks recently opined (2021, P. A18), "Racism is not something we are gently moving past; it's pervasive". Each of the four cities appears to support this proposition, and "led with race" with the goal of systemic and synergistic transformative and holistic change. Each city has established an E&I Office (or equivalent) charged with leading the efforts. The cities recognize that pushback is to be expected, and each has proceeded with patience. A shared sentiment is that this work is hard, is on- going, and is overdue. 116 We conclude by thanking the City of Boynton Beach for the opportunity to collaborate in such a timely, valuable, and rewarding project. We have learned a great deal in the process, and we trust that our research and insights provide food -for -thought for the City's executive leadership, and a willingness to continue to "move the DEI needle" forward. We congratulate the City for its commitment to the endeavor. 117 Anthony, Attiyya. 2016. Boynton Beach awarded grant to help document city's black history. South Florida .Sun-Sentinel.]httgs; /...www.,_sun::se nti.i2ell_._cc rn ll_gull.L.lp .11_nn.:::lb _h/Ibgyirytoin-beaclh/fll- Ik�.gyintoin beach black hiistoiry::: gars.ite.:20166J��:�&::::s:�g.ry,.lh�irrl.11 Arnade, Charles W. 1960. The Failure of Spanish Florida. Cambridge University Press. Arnade, Charles W. 1963. Recent Problems of Florida History. The Florida Quarterly, 42(1), p. 1-15. Boynton City Ordinance 37, 1924. Ih.ttlps.: wnrvyr bgyr�.to �.. (beach„oir sites default fiilles docuimeints Iliibirair 1.924 02... .. irk 0 2.0Oirdiinance/203?.. g/......................./..............................................................................................................................._Y/......................................................................................Y....................................................................................................... s rgggtilain_....df Boynton City Ordinance 47, 1924. Iht:t.l2.s.: www. bgy...nton.... beach„oir sites default fiilles docuimeints Iliibirair x.924 J.1 �.8%20Ciit %2.00irdiiinaince%2047.. ......................................... sggEgggji2in_...p.d f Boynton City Ordinance 136, 1933..hrt;t,pi: wnrw..bg, nto.n,... 1.b. .h.:gites default fomnra/ :.%2.00irdiiinaince%20J.36..q:.::2.i s_�j dgyn !2g_E, Brooks, David. 2021. How Racist is America? The New York Times, July 23, p. A18. Clark, James C. 2015. Hidden History of Florida. Charleston, SC: The History Press. City of Boynton Beach. 2017. Strategic Plan Fiscal Year 2020-2021. Boynton Beach: City Commission. City of Boynton Beach. 2011. Personnel Policy Manual. Boynton Beach: Human Resources. City of Boynton Beach. 2018. The Hiring Process. Boynton Beach: Human Resources. Colburn, David R. 2007. From Yellow Dog Democrats to Red State Republicans: Florida and Its Politics Since 1940, 2nd Edition. University Press of Florida. Colburn, David R. and Dehaven-Smith, Lance. 2010. Florida's Megatrends: Critical Issues in Florida, 2nd Edition. University Press of Florida. Dade County School Board Minutes. October 22, 1896..h tps:/WMnr,boynton- Ibeach„oir sites default fiilles docuimeints Iliibirair IINSPBC%20GSC-Sclhools3-IF5..df DeSantis, Victor S. & Renner, Tari. 2002. City Government Structures: An Attempt at Clarification. State & Local Government Review, 34(2), pp. 95-104. DeVries, Janet. 2006. Around Boynton Beach. Arcadia Publishing. Diaz, Maria Angela. 2016. To Conquer the Coast: Pensacola, the Gulf of Mexico, and the Construction of American Imperialism 1820-1848. The Florida Historical Quarterly, 95(1), p. 1-25. Dunn, Marvin. 1997. Black Miami in the Twentieth Century. University Press of Florida. 118 Economic and Demographic Research. 2011. Florida: A Budget Overview. The Florida Legislature Office of Economic and Demographic Research. Retrieved June 27, 2021, from htt if Economic and Demographic Research. 2020a. Florida: An Economic Overview. The Florida Legislature Office of Economic and Demographic Research. Retrieved June 27, 2021, from Ihtt : edr.state.fllm content reseintatiioins econnomic IFIIEcoinomicOveirviiew 2..24..20. df p.../....................................................................................................12.........................................................../.............................................../...............................................................................................................................................In.......... Economic and Demographic Research. 2020b. Florida: An Economic Overview. The Florida Legislature Office of Economic and Demographic Research. Retrieved June 27, 2021, from Ilntt : edr.state.fll.u.us content resentatiioins ecoinoinic IFIIEconornicOveirviiew 1.2-30.- df p.../................................................................/.................................... 1p.........................................................../............................................./.................................................................................................................................................... p.......... Engoren, Jan. 2017. New Boynton economic development director looks to engage businesses, residents. South Florida Sun -Sentinel. Into ns./ nns w.sun sentiirnel.:_ca irm./I_a c .l./ Ilim:: Ibe cln/Ibgyin cnin..:: e clh/(Il::k�k�(::inn in .,gpr 0426..201 /0475 spiry Ihtirrrn.11 Florida Chamber of Commerce. 2016. Florida Constitution—Revise Responsibly, Every 20 Years. Ilett s° �nrww.flchambeir.com floiriida coinstitutiion revii.se res onsilbll ever 20 ears Florida Department of State. n.d. European Exploration and Colonization. Retrieved June 24, 2021, from Ihtt 99.E2P.. q!q::: ex lloiratiioin-aind coloiniizatIoinC Florida Department of State. 2016. The Constitution of the State of Florida: As revised in 1968 And Subsequently amended November 2016. Retrieved June 25, 2021, from ne//iIs.Iirps.I ia/63gQ1:/�.......................................................in:..p�ff % . ft_ Frederickson, H.G. 2010. Social Equity and Public Administration: Origins, Developments, and Applications. M.E. Sharpe. Hecht, Ben. 2020. Moving Beyond Diversity Toward Racial Equity. Harvard Business Review, June 16. Historic Sites Survey. 1996. City of Boynton Beach, Florida. Howard, Rosalyn. 2013. "Looking for Angola": An Archaeological and Ethnohistorical Search for a Nineteenth Century Florida Maroon Community and its Caribbean Connections. The Florida Historical Quarterly, 92(1), p. 32-68. ICMA Equity & Inclusion Toolkit. IPMA-HR. 2013. IPMA-HR Benchmarking Survey: Recruitment. International Public Management Association for Human Resources. IPMA-HR. 2014. Benchmarking Report: Talent Management. International Public Management Association for Human Resources. IPMA-HR. 2015. Benchmarking Report: How Close is Human Resources to Becoming a Strategic Business Partner? International Public Management Association for Human Resources. IPMA-HR. 2016. Cross -Generational Benchmarking Report. International Public Management Association for Human Resources. 119 IPMA-HR. 2017. IPMA-HR Benchmarking Report: Culture of Innovation. International Public Management Association for Human Resources. IPMA-HR. 2018. IPMA-HR Benchmarking Report: Beyond Metrics: HR Analytics. International Public Management Association for Human Resources. IPMA-HR. 2019. IPMA-HR Benchmarking Report: Employee Engagement & Retention. International Public Management Association for Human Resources. Jacob, Benoy. 2019. Advancing Social Equity: Lessons from (and for) Public Managers. PM Magazine, September 1. Jacob, Benoy. 2020. Governing for Equity: Implementing an Equity Lens in Local Governments. ICMA Leading Edge Research Series, December. Jessup, E. 2021. What Does 'Need for Care' Mean Under FMLA Regulations? Blog.SHRM.Org. Ih.tt.�ys_°/.Ilp ..shrm.oir bllo wlhat does need �o caire mean under fnnlla re.ullatiions Johnson, Sherry. 1989. The Spanish St. Augustine Community, 1784-1795: A Reevaluation. The Florida Historical Quarterly, 68(1), p. 27-54. King, K. L. 2021. The Pros and Cons of Mandating College Degrees for Employment. Blog.SHRM.Org. Ihtt s: bllo .shrm.oir bllo the ros sand cons..of..mainda2ii.n collie e de areas ffoir em to meant 12.......//.................8....................................... g/...............g................... p...........................................................................................................................g......................... g.....................g........................................................IP.......... L......................... Marshall, R. 2021. The Looming Talent Pandemic. Blog.SHRM.Org. Int as./ Ibllen alhlrltt . Irg lblgg lh :: IIcapirmii.in.g::.t II r .. p qd.gj i_c Maurer, J. 2021. Job Candidates Seek Assurances on Workplace Safety, Flexibility. SHRM. Ihtt s.:..www.shrm.o .............................................................o.s hlr 1p ..i..c....s ........................................................... .......... .....................andidates- aa..c .uiin.2................................................. ask-recruiters .:l.:Is e v- IlexiiIhiiIirtv,. _s.12 . Nagele-Piazza, L. 2021. Here's What Employers Need to Know About OSHA's COVID-19 Directives. SHRM. Iht .s.. www.slhirm.or Ue.souUcesandtools Ile al -and com....lii_arnc /.! l J.lf ll_gymeint... II_awl a e.s what em Ilo airs -need to know about Dabs-covid.-:i..9-u ..._d_ he.s.,.as.Lp National Archives. n.d. Bill of Rights. Ihll...s: www.airchive.s. ov foundiin docs Iliillll of aria Iht.s G irain.scirii t Newman, Meredith A. 1993. Career Advancement: Does Gender Make a Difference? American Review of Public Administration, 23(4): 361-384. Sackett, T. 2020. Finding Qualified Diverse Talent is NOT Your Issue. BIog.SHRM.Org.lh pso/Ills g:slhlrinm: r Ilgg/f.'[I.d...n.g::..g.g.glifiied'.::diivelrse:.t Zein:t::iis::rnot.-ypuuir:iiss�e Salant, Tanis J., Jeffery, Blake R., & Boroshok, Alan L. 1989. County Government Structure: A State by State Report. Savage, Laura. 2021. Establishing Inclusion as a Value. ICMA Blog Post, April 13. 120 Selden, Sally Coleman. 2009. Human Capital: Tools and Strategies for the Public Sector. United States: SAGE Publications. SHRM Staff Blog. 2021. Ask an Advisor Chat: Managing the COVID-19 Vaccine in the Workplace. Blog.SHRM.Org. lrn t.ps_° /tl_p .slhrm.or bllo asllc ain adviisoir clhat innana ii in tlhe coves -19 - vaccine -in -the -workplace Smith, Kendra L., 2019. Beyond Compliance: Recruitment and Retention of Underrepresented Populations to Achieve Higher Positions in Local Government. ICMA Leading Edge Research Series, January. Smith, Kendra. March 11, 2019. Manage This: Promote Inclusivity Through Better Job Descriptions. PM Magazine. Swanson, Jeffrey, & Barrilleaux, Charles. 2020. State Government Preemption of Local Government Decisions Through the State Courts. Urban Affairs Review, 56(2), p. 671-697. Pittman, Craig. 2016. Oh, Florida! How America's Weirdest State Influences the Rest of the Country. New York: St. Martin's Press. Tscheschlok, Eric. 199). Long Time Coming: Miami's Liberty City Riot of 1968. The Florida Historical Quarterly, 74(4), p. 440-460. U.S. Census Bureau QuickFacts: Florida. n.d. Retrieved June 27, 2021, from hltps //yry Jnr c ins u :gcy/ �uf kf ctsf[1 Valelly, Richard M. 2004. The Two Reconstructions: The Struggle for Black Enfranchisement. University of Chicago Press. Williams, John Lee. 1837. The Territory of Florida, or, Sketches of the Topography, Civil and Natural History, of the Country, the Climate, and the Indian Tribes: From the First Discovery to the Present Time, with a Map, Views, &C. New York: A.T. Goodrich. Works Progress Administration. 1900. Historical Records Survey. Saint Paul's African Methodist Episcopal Church. State Archives of Florida, Florida Memory. Ih t s°/Cvrww.floiriidamemory. om iitems/slhow125047. p......................................................................................... Wright Jr., Leitch. 1976. Blacks in British East Florida. The Florida Historical Quarterly, 54(4), The Floridas in the Revolutionary Era: Bicentennial Issue, p. 425-442 121 Appendix A: Additional Resources o Government Alliance on Race and Equity (GARE) o International Hispanic/Latino Network o League of Women in Government (LWG) o National Forum for Black Public Administrators (NFBPA) o Women Leading Government (WLG) o Marin County, CA: Racial Equity Action Plan 2017. 2017. Ihtfres.//enm iriiiu,gIrainii uas.cpettn/PQ,� u.ir>m n.t ie nnr er o "Leadership & Ethics." ICMA. 2017. s: Ihtt. iicinna.oir to iics.leader.shi-aind-etlhiic.s o Decatur, GA: The Better Together Action Plan for Equity, Inclusion, and Engagement. 2015.1h t.1 s:. cir�iiess eal�.fiile.s.word ress.com 201.7 06 Iaetter to etheir commuint - ctii_!2.0:.pllan.decatuir.. eor la. o Boulder, CO: Ihrttpai: /bgplldeircollorq_cog.,.gc v/s lrvii s/ire i Il:. q ufty: Racial Equity Plan, February 2021. o wwn,ira�eforenityohrhu h..Cglrrmuni.t.._Y...IFeng��em .�... ............... o w nllc...o g,.._jggF,.qandLeadership..Y._i......�R� o See ICMA Equity & Inclusion Toolkit, p. 22 for an example of an Equity Manager position description o DEI Glossary: Key Shared Language, Frameworks, and Concepts (v�ru,,_rug_e irt..oir Equity and Social Justice Sub -Committee, April 15, 2021) o City of Tacoma Office of Equity and Human Rights: Annual Report 2015-2016. http...//nranry ,cii.tygft�cprttlq aerg o 1:.oing._Beaclh 1::,.gvuirt.Y...rooukiit o Ihrtt.pn is//cfsa_n_carl_eras. p.rg/ _ :::: q_Y.::.q ii: Y::: lrngllllei g 122 Appendix B: List of Interviewees o Redwood City, CA, Equity and Inclusion Officer (April 21 and July 13, 2021) o City of Ashville, NC, Inclusive Engagement and Leadership Manager, Office of Equity & Inclusion (April 30, 2021) o City of Gainesville, FL, Manager, Office of Equity & Inclusion (June 11, 2021) o City of Tacoma, WA, Chief Equity Officer (June 7, 2021) o City of Cambridge, MA, Director, Office of Equity & Inclusion (June 15, 2021) o Government Alliance on Race and Equity (GARE), Research Manager (August 2, 2021) 123 Appendix C: Florida County Demographics Alachua $48,775.15 68.5 20.01 10.13 268,484 Baker $63,672.64 81.8 13.46 3.00 28,108 Bay $51,907.06 79.9 11.29 6.96 187,361 Bradford $47,306.85 76.1 20.66 4.23 26,452 Brevard $54,058.17 81.3 10.24 10.90 589,806 Broward $57,169.43 59.3 29.05 30.26 1,959,014 Calhoun $38,717.47 78.6 12.14 6.61 14,312 Charlotte $48,771.32 89.0 5.57 7.77 183,777 Citrus $41,592.98 91.6 3.04 6.10 144,208 Clay $62,887.38 78.6 10.67 10.26 212,931 Collier $65,892.11 87.5 7.32 28.09 378,731 Columbia $45,284.79 76.4 17.44 6.72 69,677 DeSoto $34,957.67 83.1 11.93 32.25 36,968 Dixie $37,691.11 86.3 6.33 5.08 16,547 Duval $53,487.17 58.8 29.79 9.99 945,064 Escambia $49,154.65 66.3 21.99 6.35 315,666 Flagler $53,575.08 81.6 10.40 10.96 111,269 Franklin $43,136.97 80.6 12.85 5.83 11,775 Gadsden $41,492.69 41.9 54.54 10.71 45,512 Gilchrist $42,863.34 90.8 6.20 6.44 17,769 Glades $39,623.59 78.7 13.67 21.69 13,397 Gulf $44,911.15 77.6 18.38 5.39 16,210 Hamilton $35,717.40 59.7 35.29 9.37 14,126 Hardee $38,655.36 77.9 8.44 45.56 27,085 Hendry $40,244.18 80.8 11.36 54.06 40,552 Hernando $46,219.98 87.9 5.45 13.86 186,305 Highlands $37,160.65 76.5 9.80 20.55 103,357 Hillsborough $56,044.75 68.7 16.79 29.12 1,425,814 Holmes $38,765.50 87.8 7.29 2.86 19,262 Indian River $52,219.93 85.0 9.38 12.83 155,717 Jackson $38,478.23 68.6 27.31 5.07 48,116 Jefferson $48,542.34 62.8 33.44 4.71 13,932 Lafayette $41,167.92 78.9 14.60 16.43 8,650 Lake $51,939.76 81.8 10.91 15.97 349,490 Lee $54,729.11 83.7 8.78 21.66 753,839 Leon $51,460.60 60.7 30.96 6.57 291,740 Levy $37,437.36 87.0 8.50 8.91 39,732 Liberty $36,604.09 79.7 16.40 5.71 8,390 Madison $34,015.00 56.3 39.36 5.86 18,210 Manatee $56,051.12 84.8 8.79 16.97 392,411 Marion $43,383.08 80.7 12.89 13.71 354,847 Martin $57,844.67 86.7 6.05 13.84 161,619 Miami -Dade $48,729.21 74.1 17.47 69.19 2,782,398 124 Monroe $67,375.91 87.0 8.08 24.97 77,502 Nassau $67,513.93 89.6 6.37 4.48 82,950 Okaloosa $62,188.47 76.6 10.25 9.88 206,738 Okeechobee $40,544.84 85.9 8.93 25.71 41,103 Orange $54,229.44 62.7 21.01 32.07 1,380,752 Osceola $49,737.70 71.6 11.53 54.95 362,395 Palm Beach $59,984.56 72.2 19.20 22.81 1,491,299 Pasco $50,409.16 86.1 6.11 15.52 527,716 Pinellas $51,313.41 79.9 10.44 10.18 974,546 Polk $48,240.79 76.8 15.36 22.80 691,852 Putnam $35,286.27 78.4 16.83 11.33 72,234 St. Johns $77,730.61 87.7 5.30 7.29 250,982 St. Lucie $49,401.43 72.6 20.22 19.52 315,482 Santa Rosa $66,046.24 84.0 6.47 6.03 176,141 Sarasota $58,498.72 90.2 4.69 9.46 424,076 Seminole $63,348.09 75.2 12.03 22.00 466,476 Sumter $56,127.50 88.6 7.12 5.66 129,844 Suwannee $42,501.46 80.2 15.35 9.53 44,182 Taylor $37,097.27 72.9 22.62 4.62 21,873 Union $39,083.40 73.1 23.13 5.71 15,258 Volusia $46,258.72 81.3 11.01 14.28 540,943 Wakulla $62,219.45 81.7 14.81 3.92 32,257 Walton $53,888.43 85.2 4.60 6.65 69,648 Washington $36,833.33 79.4 16.07 3.98 24,453 125 Appendix D: Redwood City Employee Diversity, Equity, & Inclusion Survey Please mark one answer: 1. 1 feel a sense of belonging in my workplace at the City of Redwood City. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 2. 1 see leaders in the City taking action that demonstrates the City's value of diversity, equity, and inclusion. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 3. The City is authentically committed to diversity, equity, and inclusion. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 4. 1 have faced or witnessed workplace prejudice or discrimination while working for the City. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 5. People of all cultures and backgrounds are respected and valued in the City. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 6. The City effectively communicates information about its DEI goals, values, and priorities. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 7. My department has taken steps to advance equity. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 8. Leadership in my department takes strict action against discrimination. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 9. Leadership in my department communicates the importance of addressing racial inequities and achieving racial equity, and demonstrates a commitment to diversity, equity, and inclusion. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 10. Leadership in my department demonstrates a commitment to meeting the needs of people with disabilities and other special needs. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 11. 1 feel included at work, both when engaging in work activities or socially. 126 Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 12. 1 think it is valuable to examine and discuss the impacts of race. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 13. 1 have a basic understanding of concepts related to diversity, equity, and inclusion (i.e., cultural difference, systemic racism, gender inclusivity, and racial equity) and feel competent in discussing and addressing such issues. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 14. 1 am comfortable talking about my background and cultural experiences with my colleagues. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 15. 1 mask or downplay aspects of my physical, cultural, spiritual, or emotional self at work. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 16. 1 have sufficient support to develop my professional skills and progress my career. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 17. 1 have received or witnessed inappropriate jokes or comments from my colleagues related to race, ethnicity, gender, sexual orientation/identity, or people with disabilities. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know 18. While at work, I have received or witnessed inappropriate jokes or comments from members of the public related to race, ethnicity, gender, sexual orientation/identity, or people with disabilities. Strongly agree — Somewhat agree — Somewhat disagree — Strongly disagree — Don't know Multiple Choice Question Please mark as many answers as apply: Which topics would you like to explore in a staff training event? (Check all that apply.) o Diversity -building recruiting strategies o Cross-cultural communication tools o Inclusive leadership o Equity in the workplace o Implicit bias o Structural racism, local history, and contemporary oppression 127 o White privilege: meaning and impacts o Off-duty social media and its career impacts o Microaggressions o Cultural humility o Dialogue on experiences of race and identity o Other, please specify: I would have more capacity to be active in advancing diversity, equity, and inclusion (DEI) if... (Mark all that apply.) o I had more information so I knew what to do o I received training o I had more time o I had the support of my supervisor or manager o I had peer support o My manager/supervisor or peers had more expertise and capacity o I had more strategies to handle stress o DEI strategies received more funding o I am happy with my current level of engagement Open Response Questions What ideas and actions do you recommend the City take to improve diversity, equity, and inclusion outcomes? What could the City do to better support you as an employee? Is there anything else you would like to share? Demographic Information Please note: In the context of the broader DEI survey, the following demographic information will help underscore the needs of diverse segments of Redwood City staff. Respondents' individual identities will be protected with care and information will be reported out only in the aggregate. All of this information is VOLUNTARY and CONFIDENTIAL. Age 0 16-23 years 0 24-39 years 0 40-55 years 0 56+ years o Prefer not to say Race/Ethnicity (Select all that apply.) o African 128 o American Indian or Alaska Native o Asian o East Asian o Asian Indian/South Asian o Southwest Asian o Filipino/Pacific Islander o Black or African American o European o Hispanic or Latinx o Caribbean o Central American o South American o Middle Eastern/North African o Native Hawaiian or another Indigenous Pacific Islander o White or Caucasian o Another race/ethnicity: o Prefer not to say Language Is English a native language for you? o Yes o No o What is/are your native language(s)? Are you fluent in a language other than English? o Yes, (state language): o No, I am not fluent in a language besides English. Gender Identity o Female o Male o Trans Female o Trans Male o Gender Queer/Gender Nonbinary o Another gender identity: o Prefer not to say Sexual Orientation Do you identify as LGBTQ+? o Yes o No o Prefer not to say Do you have a disability or learning difficulty? (select all that apply) 129 o Difficulty seeing o Difficulty hearing o Physical/mobility disability o Developmental disability o Learning disability o Chronic health condition o Mental health challenge o Dementia o Other: o Decline to state o I do not have a disability or learning difficulty Department o Administrative Services o City Attorney's Office o City Clerk's Office o City Manager's Office o Community Development and Transportation o Fire o Human Resources o Library o Parks, Recreation, Community Services o Police o Port of Redwood City o Public Works Services o Prefer not to say Do you supervise or manage other people? o Yes o No Work Status o Fulltime employee o Part-time/casual employee o Contract employee 9.B. City Manager's Report 11/16/2021 Requested Action by Commission: Proposed Resolution No. R21-164 -Amend the ADA & Inclusion FY 2021-2022 budget, which will adjust budgeted appropriations, include a new position titled Director of Equity and Inclusion and rename the department to Office of Equity and Inclusion. Explanation of Request: The ADA & Inclusion FY2021-22 Budget was adopted on September 21 th, 2021. The FY2021-22 operating budget will be adjusted for the addition of a new Director of Equity and Inclusion plus a department name change. This budget amendment will increase the General Fund and department appropriation by $238,110 (for salary, benefits and operational costs) due to the new Director of Equity and Inclusion, see Exhibit A. Thus, for FY2021-22 the Office of Equity & Inclusion budget will increase from $144,679 to $382,789. • The General Fund will be amended from $102,396,693 to $102,634,803 to reflect increased appropriations for the new position in the Office of Equity & Inclusion (see Exhibit A). How will this affect city programs or services? The City would continue to follow good and appropriate budgeting practices. Fiscal Impact: $238,110 budget amendment. Alternatives: Not provide for the use of funds needed to implement the recommendations in the FI U Diversity & Equity Assessment of City Systems Report. Strategic Plan: Building Wealth in the Community, High Performing Organization Strategic Plan Application: This amendment will support the racial and social equity strategy and foster a culture of diversity and inclusion. Climate Action Application: Is this a grant? Grant Amount: Page 858 of 895 Attachments: Ty pe D Resolution D Mtabhirrieint Description FResolk.ition Arneinding tl-ne M..'M II rickAsion [.3udget Budge,t Airneindrne�int Page 859 of 895 1 RESOLUTION R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING THE ADA & INCLUSION FY 2021-2022 BUDGET, WHICH 5 WILL ADJUST BUDGETED APPROPRIATIONS AND REVENUE SOURCES 6 PLUS CHANGE THE NAME FOR SAID DEPARTMENT; AND PROVIDING 7 FOR AN EFFECTIVE DATE. 8 9 WHEREAS, The ADA & Inclusion FY2021-22 Budget was adopted on September 21, 10 2021; and 11 WHEREAS, this budget amendment will increase the General Fund and department 12 appropriation by $238,110 (for salary and benefits) due to the new ADA Director position; 13 and 14 WHEREAS, in addition to the increased appropriation, staff is recommending the 15 department name be changed from "ADA & Inclusion" to "Office of Equity & Inclusion"; and 16 WHEREAS, the FY2021-22 operating budget will be adjusted for a new ADA Director 17 position plus a department name change; and 18 WHEREAS, accordingly to complete this The General Fund will be amended from 19 $102,396,693 to $102,634,803 to reflect increased appropriations for the new position in the 20 Office of Equity & Inclusion. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission hereby approves amending the FY 2021-22 1 S:ACA\RESO\Budget\2021 - 2022 Budget\FY21-22 ADA Budget Amendment - Reso.Doex Page 860 of 895 27 General Fund Budget as noted on Exhibit "A" attached hereto, to reflect increased 28 appropriations for the new position in the Office of Equity & Inclusion. 29 Section 3. This Resolution shall become effective immediately upon passage. 30 PASSED AND ADOPTED this 16th day of November, 2021. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ATTEST: 48 49 50 51 Crystal Gibson, MMC 52 City Clerk 53 54 55 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga VOTE 2 S:ACA\RESO\Budget\2021 - 2022 BudgetTY21-22 ADA Budget Amendment - Reso.Doex YES NO Page 861 of 895 a re X W N H Z CW C 2 � Q WWC N W C m Q N WO N } > W O W } m � � LL 06 W rO W p r D m L) Z W CL X W O O H S M W O O Ln 0 0 0 0 0 M OO N W O O Ln 0 0't c -I 0 0 0 0 0 O Izi- Izi- (7 W 00 :,I O Ln M Ln Ln O O O 00 00 r -I D I, -T l0 Ln N O N Ln M ' N M M Q1 M LL O N M N N m N t0 N O r -I ri ri ri ri ri ri LO i O lD LO LO lD I'D LD LD LO lD � O ri c -I ri ri ri ri ri W � ri ri c -I c -I c -I c -I c -I c -I c -I ri O O ri N O Z O O O O C7 0 0 0 0 0 0 0 0 0 0 W Q O o On Ln � r- O On W O 3 Oyl M O O rr-I M N N r -I M M 00 r O N N M N W C . W Q IA z ? C Q O O m 3 rI rI 00 00 N N N cc H n M 00 O O Ln O O M W -i 01 Ln Ln O N l0 O 01 (') 01 <0 01 O Lr -1 -1 O �O 0 Ln LD l0 -i I, N LD N D m M 00 0) M Ol 0) M NO LU O O N O. O Q N 3 W U N H O) C N � i W H C > W V a D' J X W ~ U~ w LU O w a Q w w (7 O V z w Q J Q cn D- ~ LL \ cWc G O z OU D_ % N 6L Q CD W N W ~ O N LLJ CO W Z LL 0 .1 CL Q z LL. w W U \ O �D Z W U a Z O < vi O 2 LL 0 LL, Q LL O O O N S I, O Ln O O lD OO N M �--I Oc-I N O 00 Ol c -I N 't 'tO Dl r -I I:t Izi- Izi- Ln Ln Ln Ln W -0 0) M M M M M M M M M 00 r -I —4 —4 —4 —4 —4 —4 —4 r -I LL O N N N N N N N N N O r -I ri ri ri ri ri ri ri ri i O lD LO LO lD I'D LD LD LO lD � O ri c -I ri ri ri ri ri ri ri � ri ri c -I c -I c -I c -I c -I c -I c -I ri O O O O O O O O O O C7 0 0 0 0 0 0 0 0 0 0 LO m 00 4- 0 N CO 00 co 0- 11.A. New Business 11/16/2021 Requested Action by Commission: Discussion regarding the end date for the hybrid model of meetings given the declining severity of COVID. Explanation of Request: At the November 2, 2021 City Commission meeting, Commissioner Justin Katz requested a discussion regarding the end date for the hybrid model of meetings given the declining severity of COVI D-19. 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 863 of 895 12.A. Legal 11/16/2021 Requested Action by Commission: Proposed Ordinance 21-030 - First Reading - Approve Ordinance amending Chapter 2. "Administration", Article IV, entitled "Purchasing & Consultants", Section 2- 56(c) is hereby deleted in it's entirety and replaced with a new Section 2-56(c) to amend the process to dispose of City -owned real property. Explanation of Request: During the City Commission meeting of September 21, 2021, the City Commission was presented with and discussed two options for the process to dispose of City -owned real property. It was the consensus of the Commission that Option 2 be used to draft an Ordinance which will provide for a well defined and transparent process to dispose of city -owned property. 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 Ordinance Ililrnutes Description Ordinance, qpproviln(. clad roles to dlislposlitlion of real Iprop eirty a.;ectlion of the (".ode Mnu.aites of the September 21, 2021 City CornirnTIIIsslion di xcU.JIssIioin on land disposition Page 864 of 895 I ORDINANCE NO. 21 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING 4 CHAPTER 2. "ADMINISTRATION", ARTICLE IV, ENTITLED "PURCHASING 5 & CONSULTANTS", SECTION 2-S6(C) IS HEREBY DELETED IN IT'S 6 ENTIRETY AND REPLACED WITH A NEW SECTION 2-S6(C) TO AMEND THE 7 PROCESS TO DISPOSE OF CITY OWNED REAL PROPERTY; PROVIDING FOR 8 CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 9 10 WHEREAS, the procedures set forth in the ordinance provide greater transparency to 11 the transfer of property and are intended to avoid any appearance of favoritism or undue 12 influence in opportunities to acquire City property and will also provide the added opportunity 13 for public input prior to a transfer; and 14 15 WHEREAS, more detailed procedures for the disposition of City owned property will 16 provide for more competitive opportunities for interested parties to acquire City property; and 17 18 WHEREAS, City Commission finds it is in the best interest of the public to set forth 19 more detailed procedures for the disposition of public property. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. Each Whereas clause set forth above is true and correct and 24 incorporated herein by this reference. 25 Section 2. That Chapter 2, Article IV, entitled "Purchasing & Consultants", Section 26 2-56(c) is hereby amended by adding the words and figures in underlined type, and by deleting 27 the words and figures in struck -through type, as follows: 28 Sec. 2-56 (c) Disposition of City -owned Real property. Real r,r„r,ert y May be r„ ld in the M aR �r 29 reEOmmended by the City ManageF and deteFFnined by the City Commission to be in the best 30 iRteFest E)f the Eity. With FegaFd te the sale of any real estate ewned by the Eity whiEh has an 31 32 33 34 . 35 The s -ale ef real pFepeFty feer less than the fair rparlcpt w;4 -P ;hAii iFe the appreval by a veteFequ 36 of fe ur_fifths (4 5) of the rite ('r,mmirrir\v 37 (1) Power to sell. The City Commission may authorize by Resolution the sale, transfer, and swap 38 any real property, improved or unimproved, now owned or hereafter acquired by or owned by 39 the city, as provided herein. These procedures supplement any other procedures that may 40 now or in the future be applicable as provided by law or regulation. S:ACA\Ordinances\Disposal Of Real Property (Sec 2-56(C)) - Ordinance.Docx -1- Page 865 of 895 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 W (2) 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. (a) 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. (b) 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. (c) 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. (d) When appraisals are needed. 70 a. Any real property that the city proposes to sell or otherwise dispose of pursuant to this 71 subsection (b) must be appraised by two (2) independent appraisers, who are designated 72 members of the Appraisal Institute, if the property is estimated to have a value that 73 exceeds one million dollars ($1,000,000.00). 74 b. Any real property that the city proposes to sell or otherwise dispose of pursuant to this 75 subsection (b) must be appraised by one U independent appraiser, who is designated 76 member of the Appraisal Institute, if the property is estimated to have a value between 77 five hundred thousand dollars ($500,000.00) and one million dollars ($1,000,000.00). 78 c. Any real property that the city proposes to sell or otherwise dispose of pursuant to this 79 subsection (b) with an estimated value below five hundred thousand dollars 80 ($500,000.00) shall not require an appraisal. 81 d. Notwithstanding subparagraphs a., b., and c. above, no appraisal shall be needed: 82 1. Where the city acquired the property from Palm Beach County as a result of the tax 83 sale process and is returning such asset to the former owner or its successors and 84 assigns; 85 2. Where the city transfers the property to another governmental entity or agency; or S:ACA\Ordinances\Disposal Of Real Property (Sec 2-56(C)) - Ordinance.Docx - 2 - Page 866 of 895 86 3. Where the city is exchanging such real property with the private sector for a 87 replacement parcel determined by the city governing body to have similar utility and 88 where the public interests would be served. 89 (e) Methods of disposal. 90 a. Methods. The city may dispose of property pursuant to this subsection (b) utilizing the 91 following methods: negotiation, trade with other governmental entities or agencies, 92 request for letters of intent, sealed bids, or request for proposals. The city may retain 93 professional real estate services to aid in the disposal of property. 94 1. Negotiation. The city may negotiate the sale of real property with a particular person 95 or entity, and no further advertising will be needed to effect a transfer. 96 2. Sealed bids, requests for letters of intent, and request for proposals. At any time no 97 more than ninety (90) days after adoption of resolution declaring the property 98 surplus, the land may be offered for public disposition, and a notice shall be 99 published by the city in a newspaper of general circulation in the city once not less 100 than ten (10) days before sealed bids, letters of intent, or proposals are due. The 101 notice shall state, at a minimum, the date when sealed bids, letters of intent, or 102 proposals shall be received and whether the sale is with or without reservation. 103 Sealed bids, letters of intent, and proposals shall be received accompanied by 104 cashier's checks or certified checks payable to the city in an amount equal to at least 105 ten (10) percent of the disposition price. 106 3. Transfer to governmental agencies. The city may sell or transfer any of its property 107 to any other governmental agency, if the city governing body determines that: 108 i. A transfer of the property to the other governmental agency shall provide a 109 benefit to the city; and 110 ii. That the terms received by the city are fair and equitable. 111 4. Land swap with any private or public land owner provided the properties are 112 appraised at substantially the same value. In determining substantial value the City may 113 take into consideration the potential increase in value following the swap. 114 (f) Proceeds from sale or transfer. Any proceeds derived from the sale of any land, as 115 authorized in this subsection (b), shall be deposited in the -general fund of the city, or such 116 other fund or account of the city as is determined by the finance director. 117 (g) Conveyance. In order to convey property pursuant to this subsection (b) the city governing 118 body shall be required to adopt a resolution authorizing the conveyance. Notwithstanding 119 anything possibly to the contrary, the city may reject any and all offers, bids, letters of intent, 120 or proposals, or terminate negotiations at any time and choose not to dispose of property, and 121 nothina shall oblioate the citv aovernina bodv to adopt anv necessary resolution. 122 123 124 Section 3. Each and every other provision of Chapter 2, not herein specifically 125 amended shall remain in full force and effect as previously enacted. 126 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 127 same are hereby repealed. 128 Section 5. Should any section or provision of this ordinance or portion hereof, any S:ACA\Ordinances\Disposal Of Real Property (Sec 2-56(C)) - Ordinance.Docx -3- Page 867 of 895 129 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 130 such decision shall not affect the remainder of this ordinance. 131 Section 6. Authority is hereby granted to codify said ordinance. 132 Section 7. This ordinance shall become effective immediately. 133 FIRST READING this 16th day of November, 2021. 134 135 SECOND, FINAL READING AND PASSAGE this day of 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 ATTEST: 152 153 154 Crystal Gibson, MMC 155 City Clerk 156 157 (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice -Mayor — Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga S:ACA\Ordinances\Disposal Of Real Property (Sec 2-56(C)) - Ordinance.Docx -4- VOTE , 2021. YES NO Page 868 of 895 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 869 of 895 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 870 of 895 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 Page 871 of 895 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 their job 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 872 of 895 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 873 of 895 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 874 of 895 Requested Action by Commission: Sign Code Amendments - 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: 13.A. Future Agenda Items 11/16/2021 Page 875 of 895 13. B. Future Agenda Items 11/16/2021 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 876 of 895 13.C. Future Agenda Items 11/16/2021 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 877 of 895 13. D. Future Agenda Items 11/16/2021 Requested Action by Commission: School Board Member Erica Whitfield to present report on the state of education to the City Commission. - January 4, 2022 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 878 of 895 13. E. Future Agenda Items 11/16/2021 Requested Action by Commission: Discuss process and estimated costs for a Recreation & Parks Bond Referendum Question - January 18, 2022 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 879 of 895 13. F. Future Agenda Items 11/16/2021 Requested Action by Commission: FI U Presentation of Racial and Social Equity Community Needs Assessment Findings - January 18, 2022 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 880 of 895 13. G. Future Agenda Items 11/16/2021 Requested Action by Commission: City of Boynton Beach FY20/21 Strategic Plan Update and 5 -Year FY 2022-2027 Strategic Plan Framework - January 18, 2022 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 881 of 895 13. H. Future Agenda Items 11/16/2021 Requested Action by Commission: Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - January 2022 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 882 of 895 13.1. Future Agenda Items 11/16/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 11/16/2021 Requested Action by Commission: Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurev411le 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 1. 08-43-45-29-00-000-1040 672.12 FT OF NLY 1252.12 FT (LESS N 499.34 FT OF $271,500 R1AA - Single E 126.90 FT) OF TH PT Family 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 883 of 895 Is this a grant? Grant Amount: Attachments: Type D lExhillblit D 11 ocaton IMalp D Attacllhirneint D Exhilbill: Description 11 ett(-..,,ir ol: 11 inteint (Exhillblit "A") 11 ocatloin IMalp Flirolpeirty IDetamill Sarnple Il unicillpall Dispositloin Code 11 ainguage (Ii.: )dhilbit '1111:3") Page 884 of 895 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 885 of 895 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 Su rvey 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 Seller as to Phase 11, (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 AND AGREED TO: By Print name: Title: . __ Dated: Page 886 of 895 7119/2021 Property Detai hftps:]/www.pbuyov.org/papa/AspsIPropartyDetaiI/PrinterfriendIyProper-tyPrint.aspx?parcel=08434529000001040 Location Address Municipality BOYNTON BEACH Parcel Control Number 08-43-45-29-00-000-1040 Subdivision Official Records Book 06652 Page 1 31 5 Sale Date NOV-1990 Legal Description 29-45-43, E 330.70 FT OF WLY 660.16 FT OF SLY 672.12 FTOF NLY I (LESS N 499.34 FT or E 126.90 FT) OF TH FT OF NE 1/4 LYG S OF SR E Owner Information - 2019 2018 so $ $271,500 $271,500 5271,500 $271,500 2019 2018 $271,500 $271,500'. 3271,500 $271,500 $0 $ Tax Year 2020 Ad Valorem $0 Non Ad Valorem $0 Total tax $0 borathy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgow.org/PAPA 2019 $0 $0 $0 2018 $0 W Page 887 of 895. iii • i� PAPA Bamier l oca o n Address Mu:anvlcilpalaty BOYNTON BEACH Parcel Conularol 1Nuirn cir 08-43-45-29-00-000-1040 Subdivision C Il tial IRecords, Illoolk 06652 Page 1315 Sale IDale NOV-1990 29-45-43, E 330.70 FT OF WLY 660.16 FT OF SLY 672.12 FT III x al. DesedI ation 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 Mailing address C:lssunu� ups PO BOX 310 BOYNTON BEACH CITY OF BOYNTON BEACH FL 33425 0310 Sales Date (Price OR lloolalllalle sale. Ipypac tlwwrier NOV-1990 $100 06652 / 01315 WARRANTY DEED ExerrptiouuA,ppp'llu°msnVO neir Year, pllaetail BOYNTON BEACH CITY OF 2021 FULL: MUNICIPAL GOVERNMENT N uounlier of Uudts 0 l'aalaal 0 Acoreas 3.62 °w0euau"l lI4"eel 8900- RIAA- III AA SINGLE FAMILY, 5.5 DU/AC 1,:1se C:°mumle MUNICIPAL raauilan (08-BOYNTON BEACH) Ip'ax Year 20211 21119 2018 l[nlp1muw'eraneuut value $0 $0 $0 11 -and Value $271,500 $271,500 $271,500 Total Warket Value $271,500 $271,500 $271,500 All values are as of January 1 st each year Fax Ycmr 202111 2019 2018 Assessed Valtne $271,500 $271,500 $271,500 JII:a:veuulllatuon Auuaonmat; $271,500 $271,500 $271,500 l'a.u.lbllle Vaallluae $0 $0 $0 "Fax year 2020, 2019 2018 A0 Valorem $0 $0 $0 lNooiAd Vallorenum $0 $0 $0 lC'otal taX $0 $0 $0 Page 889 of 895 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. (00460579.1306-90018211 Page 890 of 895 d. Notwithstanding subparagraphs a., b., and c. above, no appraisal shall be needed: 1. 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. 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 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. (00460579.1306-90018211 Page 891 of 895 13.J. Future Agenda Items 11/16/2021 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 892 of 895 13. K. Future Agenda Items 11/16/2021 Requested Action by Commission: Discuss Building Safety Inspection Program - (Pending outcome of 2022 legislative session) 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 893 of 895 131. Future Agenda Items 11/16/2021 Requested Action by Commission: Proposed Ordinance No. 21-025. First Reading. Approve Development 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 894 of 895 13. M. Future Agenda Items 11/16/2021 Requested Action by Commission: Mayor Grant has requested a discussion regarding naming the urban orchard at Sara Sims Park for Latosha Clemons - 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 895 of 895