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Agenda 01-04-22
The City of Boynton Beach City Commission Agenda Tuesday, January 4, 2022, 5:30 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Woodrow L. Hay (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. °a�1111rIN°„',mf www. boy nton- beach. org Page 1 of 896 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City Commission Meeting is in session. The City of Boynton Beach encourages interested parties to attend and participate in public meetings either in-person or via communications media technology online. To view and/or participate in the City Commission meeting online you have the following options: 1. Watch the meeting online, but not participate: Page 2 of 896 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 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 896 1. Openings A. Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Jose Rodriguez, First Baptist Boynton Pledge of Allegiance to the Flag led by Commissioner Romelus Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. Announcement of the annual preventative maintenance and chlorination of the water supply from January 6, 2022 through January 26, 2022. B. Announcement by Gabrielle Favitta, Events Manager, regarding January's Frist Friday @ 5 and Friday Flicks. C. Announcement by Chelsea Sanabia, Marketing & Events Coordinator, regarding the 2022 Rev. Dr. Martin Luther King, Jr. Celebration. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Authorize the City Commission to travel to Tallahassee, FL to attend Florida League of Cities Legislative Action Days on February 7-9, 2022. B. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for January 4, 2022 - "Request for Extensions and/or Piggybacks." B. Proposed Resolution No. R22-001 - Approve and Authorize the City Manager to execute a First Amendment and Consent to Assignment of Professional Auditing Services Agreement in order to assign the current Agreement with Caler, Donten, Levine, Cohen, Porter & Veil, P.A. to Marcum, LLP in accordance with Paragraph 13 of the Agreement. C. Proposed Resolution No. R22-002 - Approve revisions, deletions and additions to Planning & Page 4 of 896 Zoning Division Fee Schedule to reflect current services and updated costs, and to correct general deficiencies. Effective Date: January 1, 2022 D. Proposed Resolution No. R22-003 - Amend the FY 2021-2022 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Fund (302). Amend the FY 2021-2022 Budget from $3,842,327 to $4,124,327.00. E. Proposed Resolution No. R22-004 - Approve and authorize the Mayor to sign a Special Warranty Deed with a restrictive covenant in connection with purchase and sale agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. F. Legal Expenses - November 2021 - Information at the request of the City Commission. No action required. G. Proposed Resolution No. R22-005 - Approve and authorize the City Manager to sign an agreement with Hilary R. Zalman, Esq. to serve as Special Magistrate pursuant to Ch. 2, Article V of the City Code and Ch. 162 Florida Statute. H. Accept FY 20/21 fourth quarter report on operations of the Schoolhouse Children's Museum. Proposed Resolution No. R22-006 - Approving and authorizing the Mayor to sign the Declaration of Unity of Control with Habitat for Humanity of South Palm Beach County for 127 & 129 NE 12th Avenue to allow for a residential duplex on two separate parcels to be construed in compliance with local zoning requirements. Proposed Resolution No. R22-007 - Approving and authorizing the Mayor to sign the Declaration of Unity of Control with Habitat for Humanity of South Palm Beach County for Lots 1118 & 1120 NE 2nd Street to allow for a residential duplex on two separate parcels to be construed in compliance with local zoning requirements. K. Proposed Resolution No. R22-008 - Authorize the City Manager to sign Grant Agreement No. 22RRE09 with the Florida Department of Environmental Protection, and a Professional Services Agreement with Collective Water Resources, LLC, for the Coastal Resilience Partnership of Southeast Palm Beach County Vulnerability Assessment Update for a reimbursement amount of up to $74,000. L. Accept the Fiscal Year 2020-2021 Budget Status Report of the General Fund and the Utilities Fund for the 12 -month thru 13 -month period which ended September 30, 2021, unaudited. M. Approve minutes from the November 30, 2021 City Commission special meeting, the December 7, 2021 City Commission workshop meeting and the December 7, 2021 City Commission meeting. 7. Consent Bids And Purchases Over $100,000 A. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for January 4, 2022 - "Request for Extensions and/or Piggybacks." B. Approve an increase to the estimated annual expenditure of the interlocal agreement between the City of Boynton Beach and Solid Waste Authority for the delivery of municipal solid waste to a designated facility and municipal recycling program, increase not to exceed $2,600,000.00 annually. C. Proposed Resolution No. R22-009 - Authorize the City Manager to sign a contract with Insituform Technologies, LLC as the lowest pre -qualified bidder as determined by review of bids submitted on November 18, 2021 for the Gravity Sewer Main Multiple Neighborhoods Project in response to the Request for Bids for Cured -in -Place Pipe Lining, (Bid No. ITB 04-C I PP-22/TP) in the amount of $347,952.60 plus a 10% contingency of $34,795.26 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $382,747.86 based on unit costs provided by I nsituform Technologies, LLC. D. Approve payment of $114,500.28 to the Florida East Coast Railway for repairs made on behalf of Page 5 of 896 the City to the East Ocean Avenue rail crossing. E. Approve an increase to the estimated annual expenditure of the US Communities contract # EV2370 with Graybar Electric Company in the amount of $90,000, increasing the estimated annual expenditure from $60,000 to $150,000. 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. 21-031 - Second Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article IV. Sign Standards, that update the City's Sign Standards intended, in part, to increase allowable sign types; add flexibility to, and further incentivize the use of sign programs in multi -tenant and planned developments; add provisions for shared signage to increase awareness of secluded industrial businesses; decrease minimum sign setback requirements; and establish rules for "human" signs. B. Proposed Ordinance No. 21-032 - Second Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, revising Chapter 1, Article II. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3.D. Use Matrix and Notes as necessary to show compliance with, and implement new state laws applicable to Home-based Businesses. City initiated. C. Proposed Ordinance No. 22-001 - First Reading - Approving 3518 Ruskin Avenue request for Annexation (ANEX 21-001) of a 0.8 -acre parcel located at 3518 Ruskin Avenue. Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. Proposed Ordinance No. 22-002 - First Reading - Approving 3518 Ruskin Avenue request for Future Land Use Map Amendment from Palm Beach County's Medium Residential Classification with a maximum density of 5.0 dwelling units per acre (MR -5) to Office Commercial (OC). Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. Proposed Ordinance No. 22-003 - First Reading - Approving 3518 Ruskin Avenue request for Rezoning from Palm Beach County's Single -Family Residential (RS) District to Office Professional (C-1). Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. 9. City Manager's Report A. Approve Notice of Funding Opportunities (NOFOs) for use of the City's American Rescue Plan Act (ARPA) funds for Non -Profit & For -Profit Subrecipient Grant Application, Small Business Grant Program, Small Business Technical Assistance Program and Boynton Beach Elementary School Program Partnership I nitiative. Recommendations to be presented by Carisse LeJeune, ARPA Project Manager and John Durgan, Economic Development Manager for the City of Boynton Beach. 10. Unfinished Business - None 11. New Business - None 12. Legal - None 13. Future Agenda Items A. Proclamation declaring January 23 - 29, 2022 Boynton Beach School Choice Week. Ron McCarthy, Principal of Quantum High School, will accept the proclamation. - January 18, 2022 Page 6 of 896 B. Proclamation recognizing January 4, 2022 as World Braille Day. The proclamation will be accepted by Larry McDowell, President of the Braille Club of Palm Beach County Inc. - January 18, 2022 C. Announcement of Florida Association for Education and Rehabilitation of the Blind and Visually Impaired Award Winners by Stephanie Soplop. - January 18, 2022 D. Discuss process and estimated costs for a Recreation & Parks Bond Referendum Question - January 18, 2022 E. FIU Presentation of Racial and Social Equity Community Needs Assessment Findings - January 18, 2022 F. Climate Action Plan Annual Update - January 18, 2022 G. Tessy LaCroix, Grants Manager to present FY 2020/2021 Grants Report to the City Commission - January 18, 2022. H. Mayor Grant has requested a discussion regarding naming the urban orchard at Sara Sims Park for Latosha Clemons - January 18, 2022 Award Contract for Public Lands Tree Inventory, RFQ No. UTL22-006 - January 18, 2022 J. Mayor Grant has requested a discussion on creating a Citizens Review Committee for Police Department - January 18, 2022 K. Update on the City Hall Cafe RFP - January 18, 2022 L. School Board Member Erica Whitfield to present the 2021-2022 School Year State of Education Report to the City Commission. - February 1, 2022 M. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections -TBD N. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD O. Proposed Ordinance No. 21-025 First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD P. Mayor Grant has requested a discussion on J KM lawsuit - TBD Q. Discuss Building Safety Inspection Program - (Pending outcome of 2022 legislative session) 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 of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (ES. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerks office, (561) 742- 6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication of the agenda on the city's web site. Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 7 of 896 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 1/4/2022 Requested Action by Commission: Call to Order - Mayor Steven B. Grant Roll Call Invocation by Pastor Jose Rodriguez, First Baptist Boynton Pledge of Allegiance to the Flag led by Commissioner Romelus Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 1.A. Opening Items 1/4/2022 Page 8 of 896 Requested Action by Commission: Informational items by the Members of the City Commission. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 2.A. Other 1/4/2022 Page 9 of 896 im Requested Action by Commission: Announcement of the annual preventative maintenance and chlorination of the water supply from January 6, 2022 through January 26, 2022. Explanation of Request: Boynton Beach Utilities will be performing its annual preventative maintenance to treat drinking water from January 6 thru January 26, 2022. Customers may notice a slight chlorine taste or odor in their tap water. These temporary conditions will not cause adverse health effects. Those sensitive to the taste or odor of chlorine can place an open container of drinking water in the refrigerator for a few hours to allow the chlorine to dissipate. Users of home dialysis machines, owners of tropical fish and managers of stores and restaurants with fish and shellfish holding tanks are advised to seek professional advice as the method for removing chlorine residuals differs from removing chloramine residuals from their water. This is a preventative maintenance process in order to ensure that potable water delivered to the customer is of the highest quality. Public Notice will be placed in City of Boynton Beach Utility Bills and has been provided to the City's Marketing Department for social media distribution. For more information, please call 561-742- 6964. How will this affect city programs or services? The quality of the water supply will be maintained. Fiscal Impact: None Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Page 10 of 896 Type AddE)indUlirn Description F'UlbIic INoUCEs Page 11 of 896 PUBLIC NOTICE TO WATER SYSTEM CUSTOMERS OF THE CITY OF BOYNTON BEACH UTILITY The City of Boynton Beach Water Utility will be temporarily changing its method of potable water treatment to free chlorination beginning Thursday, January 6, 2022 through Wednesday, January 26, 2022. This is an annual process in which we switch to a stronger disinfection method in order to ensure that the potable water delivered to the customer is of the highest quality. As a result, the customer may notice a slight change in odor and taste in their water; otherwise there will be no adverse effects. Because of this change the following people should be aware of possible issues with their systems: users of home dialysis machines, owners of tropical fish aquariums and managers of stores and restaurants with holding tanks for fish and shellfish. These groups are encouraged to speak to an appropriate professional for guidance on how to operate their equipment during this period. Any changes will be eliminated when the Utility reverts to our normal disinfection method at the end of this period. Please be assured that this is a routine procedure and that there are no problems with your water supply. If you would like further information on this matter please call our Water Quality Division at 742-6964 during working hours Monday through Friday. Page 12 of 896 iw Announcements, Community and Special Events and Presentations 1/4/2022 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 1/4/2022 Requested Action by Commission: Announcement by Gabrielle Favitta, Events Manager, regarding January's Frist Friday @ 5 and Friday Flicks. Explanation of Request: January's First Friday @ 5, is scheduled for Friday, January 7 beginning at 5:00 p.m. and will be held at Centennial Park and Amphitheater. The Groove, a funk party band, will perform. The following food trucks will be participating: Curbside Gourmet, G's Hibachi, Bobby's Hot Dogs, Juju's Feel Good Foods and Professional Concessions. There will be a variety of children's art and play activities. Friday Flicks, a monthly movie series to be held in Centennial Park & Amphitheater. The January movie is Charlie and the Chocolate Factory and the event will take place on Friday, January 21 beginning at 5:00 p. M. The following food trucks will be participating: Krazy Cuban Flavor, J & J Soul, Tacos Veracruz, and Kobschies Ice Rolls. There will also be a variety of children's art & activities. These family friendly events are free to the public and end at 8:00 p.m. The public is encouraged to bring chairs and blankets to both events. Free parking is available in the parking lots behind the Arts & Cultural Center and the Schoolhouse Children Museum. How will this affect city programs or services? Support services for the First Friday @ 5 Concerts and Friday Flicks will be provided by City Departments such as Customer Service, Finance, Fire, Human Resources & Risk Managment, Police, Public Works, Recreation and Parks, and Utilities. Fiscal Impact: First Friday @ 5 Concerts and Friday Flicks are budgeted in the Special Events FY 21/22 annual budget. Alternatives: Do not allow announcement. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Page 13 of 896 Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 14 of 896 NUO Requested Action by Commission: Announcement by Chelsea Sanabia, Marketing & Events Coordinator, regarding the 2022 Rev. Dr. Martin Luther King, Jr. Celebration. Explanation of Request: The City of Boynton Beach's Rev. Dr. Martin Luther King, Jr. Celebration will be held on Monday, January 17, 2022 from 12:00 p.m. to 4:00 p.m. at Sara Sims Park (209 NW 9th Avenue). The year's event will include music, children's activities, showcase of non-profit organizations, food vendors and more! Everyone is welcome to participate in the planning. Upcoming MLK Committee Meetings are scheduled for Thursday, January 6th and Thursday, January 13th beginning at 4:30 p.m. on Zoom. Meeting details are posted on the homepage of the City's website under Meetings. We invite everyone to attend this free family fun event featuring our newly renovated Sara Sims Amphitheater. For more information, call 561-742-6034 or visit boynton-beach.org/mlk. How will this affect city programs or services? Support services for the Rev. Dr. Marting Luther King, Jr. Celebration will be provided City Departments such as Fire, Human Resources & Risk Management, Police, Public Works, and Recreation & Parks. Fiscal Impact: The Rev. Dr. Marting Luther King, Jr. Celebration is budgeted in the Events FY 21/22 annual budget. Alternatives: Do not make announcement. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 15 of 896 Grant Amount: Attachments: Page 16 of 896 •'Wlll Administrative 1/4/2022 Requested Action by Commission: Authorize the City Commission to travel to Tallahassee, FL to attend Florida League of Cities Legislative Action Days on February 7-9, 2022. Explanation of Request: The annual Florida League of Cities Legislative Action Days will be held in Tallahassee, FL, February 7-9, 2022. The County has posted a "Save the Date" notice on the County website. Estimated costs include registration - $50.00, hotel estimated at $220 per night, airfare estimated at $500 and additional expenses of about $140 for a total of approximately $910. 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 City Commission Meeting on Tuesday, February 8, 2022 that may need to be canceled or rescheduled. Fiscal Impact: The estimated cost is $910 for each attendee 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 17 of 896 Type IRE)SCA LA ti 0 II'l Description :RE)SC)k.JlbC)I['l INoa IIR21 094 ir'E�Igairdhng Lira vefl Ipdllicy Page 18 of 896 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 of 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 11 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 "WI-IEREAS" clauses are hereby ratified and confirmed 20 as being true and correct, and are hereby incorporated herein and made a part hereof. 21 Section 2. "flee City Commission hereby rescinds Resolution R07-150 referring to 22 the City's travel policy and rates and authorizes them to be amended by an administrative 23 process as they are updated by the IRS. 24 Section 3. This Resolution shall become effective on passage. 25 I S \('A\RFS0\Rescinding R07-150 Thivel Policy And Rates - Reso.Docx Page 19 of 896 26 PASSED AND ADOPTED this 3rd day mf/\ugumt,2O2| 27 CITY DFBOYN]ON BEACH, FLORIDA 28 29 YES NO 38 31 Mayor -- Grant �� ��__ 32 �~ 33 Vice Muyor—\YnodrovvL,U�y � V 94 35 Corncuimnimncr—JuutinKatz ~� 36 37 Conurnisaioncr— Christina L. Rmcoclua 38 39 CorornisSinner— Ty PenuergJ 40 4| VOTE C) 42 ATTGS[: 43 44 45 46 47 |arorny Stan- one �~|crk ( / 48 Deputy City ` 49 50 51 52 (Corporate Seal) 2 uAcmmsmoxResc.ou"gmn-|n/'fiavaPolicy And Rates ouwDoes Page 2OOf898 5.B. Administrative 1/4/2022 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 ttacftrTIENI'lt ppoiir:tirTIE)i is air:d Appicaints for 01... 4 22 D ttacNrTIENI'lt Warta.>oin, Sair:dira Page 21 of 896 Appointments and Applicants for January 4, 2022 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 I 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 IV Penserga Alt 1 yr term to 3/22 Applicants: None Library Board Mayor Grant Reg 2 yr term to 3/22 Vice Mayor Hay Alt 1 yr term to 3/22 1 Katz Alt 1 yr tern to 3/22 Applicants: None Senior Advisory Board Mayor Grant Reg 2 yr term to 3/23 Applicant: Sandra Watson C:\Program Files (x86)\neevia.com\docConve rte rPro\temp\NVDC\F18E1583-7164-4B5C-8D3B-AD6A5A24ABA5\Boynton Beach.31032.1.Appointments_for _01-04- 22.docx Page 22 of 896 Stanzione, Tamm From: City Clerk Sent: Tuesday, December 07, 2021 2:01 PM To: 5tanzione'Tammy Subject: FW: Advisory Board Appointment application From: sdjwatson<norepk/@123fonnbui|der.cnm> Sent: Tuesday, December 7,2O2111:3OAK4 To: City Clerk <[ity[|erk@bbfius> Subject: Advisory Board Appointment application Sandra Watson a I��� Address 348Boynton Bay Circle Boynton Beach FL83435 United States Email Current occupation � Self Employed retired, prior occupation Education Some College Are you a registered voter? Yes Do you reside within the Y Boynton Beach City limits? Do you own/manage a business within City limits? if "yes", name of business: Medical Healthcare Billing and More LLC Are you currently serving on No City board? Have you served ona City No board in the past? if "Yes", which board(s) and when? Have you ever been convicted No of a crime? if "yes", when and where? Advisory Board Senior Advisory Board 4 Page 23 of 896 If appointed bythe Cit Commission tmserve asBoard Yes Chair orVice Chair are you willing bzserve imthis capacity? Personal Qualifications | have worked with the City ofBoynton on various other collaboration, such as the Youth Empowerment Center and the MLKCommittee. |ama Co -leader ofa Community Girl Scout Troop here in the City of Boynton. Being a Senior, I would like to get better involved with our Senior Activities in our great City. | have worked in around the community for over 30 years. I was raised in Boynton, attend Church in Boynton, and continually volunteer inBoynton and surrounding areas. Professional Memberships Life Time Member ofGirls Scouts ufUSA A4PCMember Philo Affiliate of Sigma Gamma Rho Sorority Inc Feel free bmattach/upload an extra sheet orresume. Certification |, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements rnay be cause for removal from a board. The message has been sent from 732O5.2ZI.2O9(United States) at2O21'I2'O711:IO:O6nnChrome 85.0.4664.45 Entry ID: 5Q1 Referrer Form Host: Page 24 of 896 Consent Agenda 1/4/2022 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 January 4, 2022 - "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). DESCRIPTION SOLICITATION RENEWAL VENDOR(S) OF NUMBER TERM AMOUNT SOLICITATION Information Annual City of Boynton January 5, Annual Estimated Expenditure Consultants, Laserfiche Beach Service 022- 2022- Inc. Maintenance and 1 nc. Agreement 010- January 4, $42,000 Support Services 1510-21/RW 2023 Vendor request an increaseof22% per Conservation Kit. Staff recommends Water City of Boynton February 22, approval of the increase to the cost Tinker, LLC Conservation Beach RFP 012- 2022- proposal. Education 2821-19/IT February 21, Program 2023 Annual Estimated Expenditure $27,500 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: Page 25 of 896 Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt D I E)ttENr Description Bid EAE)insioins aind Riggy BackS UlindEsir' $100,000 IRENIIE)W,-'.Ill 11['1tE)ir'E)St I E)ttENr linforirnaboin C0111SLARaints, I inc 2022 2023 IRENIIE)W,-'.Ill 11['1tE)ir'E)St I E)ttENr fl1['1kE)ir', 1 1 .0 2022 2023 fill'fl(E)r, 1 1 .0 I ncir'EsaSE) iin Cost Fliroposall I Es'UtEr 2022 2023 Page 26 of 896 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS UNDER $100,000 January 4, 2022 REQUESTING DEPARTMENT: ITS DEPARTMENT CONTACT: Yury Konnikov TERM: January 5, 2022, to January 4, 2023 SOURCE FOR PURCHASE: Service Agreement No. 010-1510-21/RW ACCOUNT NUMBER: VENDOR(S): INFORMATION CONSULTANTS, INC. ANNUAL ESTIMATE: $48,000.00 DESCRIPTION: On January 5, 2021, Commission approved the Vendor Service Agreement for the Solution Provider Services and Software Maintenance and Support of Laserfiche, the City's Enterprise Content Management System with Information Consultants, Inc. of Miami, Florida. The Agreement allows for an initial (1) year period with four (4) one-year renewal periods. The vendor has agreed to renew the Agreement for the 1St one-year renewal term with the same prices, terms, and conditions. REQUESTING DEPARTMENT: UTILITIES DEPARTMENT CONTACT: Rebecca Harvey, Sustainability Coordinator TERM: February 22, 2022, to February 21, 2023 SOURCE FOR PURCHASE: City of Boynton Beach RFP No. 012-2821-19/IT ACCOUNT NUMBER: 401-2821-536-95-43 VENDOR(S): TINKER, LLC ANNUAL ESTIMATE: $27,500.00 DESCRIPTION: On February 19, 2019, Commission approved the City Manager to sign an Agreement with Tinker, LLC of Alamo, California for RFP No. 012-2821-19/IT for the Water Conservation Education Program. The Agreement was for an initial two (2) year period with the option to renew for three (3) additional one-year terms at the discretion of the City and based upon mutually agreeable rates. The vendor has agreed to renew the agreement for the 2nd one-year term. Tinker, LLC requests an increase of 22% per water conservation kit to the cost proposal. Staff recommends renewing the agreement and approval of the increase to the cost proposal. DocuSign Envelope ID: AD2CBB37-6A79-4E45-9747-9E672157DE5A 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 8, 2021 Information Consultants, Inc Attn: Pierre Smith, President 1395 Brickell Avenue, Ste. 800 Miami, FL 33131 VIA EMAIL TRANSMITTAL TO: psmith(d)icons-inc.com QUOTE.: LASERFICHE ANNUAL MAINTENANCE AND SUPPORT — PUBLIC PORTAL UNLIMITED AND PARTICIPANTS USERS LICENSES QUOTE No.: 010-1510-21/RW CURRENT BID TERM: JANUARY 5, 2021 — JANUARY 4, 2022 Dear Mr. Smith: The current bid term for "LASERFICHE ANNUAL MAINTENANCE AND SUPPORT" expires January 4, 2022. 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 1 st 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 pratttC(Dbbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, TIOW awasile4 Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 28 of 896 DocuSign Envelope ID: AD2CBB37-6A79-4E45-9747-9E672157DE5A 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 8, 2021 QUOTE: LASERFICHE ANNUAL MAINTENANCE AND SUPPORT — PUBLIC PORTAL UNLIMITED AND PARTICIPANTS USERS LICENSES QUOTE No.: 010-1510-21/RW Agreement between the City of Boynton Beach and INFORMATION CONSULTANTS, INC. AGREEMENT RENEWAL TERM: JANUARY 5, 2022—JANUARY 4, 2023 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) INFORMATION CONSULTANTS, INC. NAME OF COMPANY FDOGUSIgnQa ey: 881GNA I fJ 3A._. Pierre smith President NAME OF REPRESENTATIVE TITLE (please print) 11/8/2021 954-989-3704 DATE (AREA CODE) TELEPHONE NUMBER psmith@icons-inc.com E-MAIL America's Gateway to the Gulf Stream Page 29 of 896 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 December 9, 2021 Joseph Thrasher, President Tinker, LLC P.O. Box 177 Alamo, CA 94507 VIA EMAIL TRANSMITTAL TO: ioe.thrasher tinkLrogramsecom RFP: RFP FOR WATER CONSERVATION EDUCATION PROGRAM RFP No.: 012-2821-19/IT CURRENT AGREEMENT TERM: FEBRUARY 22, 2021 — FEBRUARY 21, 2022 Dear Mr. Thrasher: The current agreement term for "Water Conservation Education Program" expires February 21, 2022. The agreement documents allow for three (3) additional one-year renewals. The City of Boynton Beach would like to renew this contract for its 2nd renewal for an additional one-year period with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services along with the company's update COI via email to Drattt .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*kAL Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 30 of 896 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 December 9, 2021 RFP: WATER CONSERVATION EDUCATION PROGRAM RFP No.: 012-2821-19/IT Agreement between the CITY OF BOYNTON BEACH and TINKER, LLC. AGREEMENT RENEWAL TERM: FEBRUARY 22, 2022 —FEBRUARY 21, 2023 X Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) TINKER, LLC NAME OF COMPANY Joseph Thrasher NAME OF REPRESENTATIVE (please print) 12/14/2021 DATE joe.thrashera— inkerprograms.com E-MAIL President TITLE 925-208-4497 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 31 of 896 1 TINKER ii%ii uim ry� 1 (3')" + WA -1 L Z City of Boynton 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 RFP: WATER CONSERVATION EDUCATION PROGRAM RFP No.: 012-2821-19/IT Agreement between the CITY OF BOYNTON BEACH and TINKER, LLC. To whom it may concern, December 14, 2021 Tinker LLC is excited to continue our working relationship with the City of Boynton Beach. Due to the continued rise in costs of shipping and materials over the last 18 months, we respectfully request a price increase within the cost proposal for the Water Conservation Education Program. The revised cost proposal is attached for your consideration. Please contact the undersigned for any questions or clarifications. Sincerely yours, �Il�u�ullll Joseph Thrasher President, Tinker LLC P: 925-208-4497 E: joe.thrasher@tinkerprograms.com Fu r 11..11..0 1 160 Aanrio Il�ll:�a.:��:, Uini it 177 1 Alan ru(:), CA 94507 1 www fink(,r�rra r�rairc7,� 1 800 292 C:�ID54 Page 32 of 896 REQUEST FOR PROPOSALS FOR WATER CONSERVATION EDUCATION PROGRAM RFP No.: 012-2821-19/IT COST PROPOSAL FORM Proposers must use this form for submitting its Cost Proposal. The price shall be fixed and firm and should be fully burdened to include all necessary elements such as but not limited to salary, general administrative expenses, travel, mileage, overhead and fee/profit needed to perform all of the services described under this solicitation. ITEM QTY UNIT OF DESCRIPTION UNIT COST ANNUAL MEASURE COST 1. 1,100 STUDENTS Conservation Education $ 12.75 $ 14,025.00 PER SCHOOL Program service YEAR 2. 1,100 STUDENTS PER SCHOOL Water Conservation Kits $ 12.25 $ 13,475.00 YEAR TOTAL ANNUAL FEE: $ 27,500.00 COMPANY NAME g( 25 ) 208-4497 TELEPHONE NO. joe.thrasher@tinkerprograms.com E-MAIL ADDRESS 12/07/2021 DATE Joseph Thrasher ff e►G►A TITLE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. 22 RFP No. 012-2821-19/IT Page 33 of 896 Zn Consent Agenda 1/4/2022 Requested Action by Commission: Proposed Resolution No. R22-001 - Approve and Authorize the City Manager to execute a First Amendment and Consent to Assignment of Professional Auditing Services Agreement in order to assign the current Agreement with Caler, Donten, Levine, Cohen, Porter & Veil, P.A. to Marcum, LLP in accordance with Paragraph 13 of the Agreement. Explanation of Request: On November 18, 2021, Cater, Donten, Levine, Cohen, Porter & Veit, P.A. ("CDL") notified the City of Boynton Beach ("City") that CDL recently agreed to merge with Eisner Advisory Group LLC d/b/a EisnerAmper effective November 30, 2021, correspondence which is appended hereto as Exhibit "A" and incorporated herein by reference. EisnerAmper does not perform governmental audit engagements; therefore, CDL has requested that the City of Boynton Beach consent to the assignment of the CDL's Professional Audit Services Agreement ("Agreement") to Marcum, LLP. EisnerAmper has agreed to consent to such assignment. Pursuant to Paragraph 13 of the Agreement between CDL and the City of Boynton Beach, entered into and effective on November 17, 2017, the City of Boynton Beach and CDL hereby mutually consent to the assignment of the Agreement in its entirety to Marcum, LLP. Marcum, LLP has agreed to take on the entirety of the assignment at the same rate and current terms as previously negotiated with CDL. How will this affect city programs or services? Allows for continuity of operations of the City's Annual Financial Audit. Fiscal Impact: None -Already budgeted under previous contract with CDL Alternatives: Not approve the re -assignment and advertise for a new Professional Audit Service, thereby delaying the City's annual audit. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 34 of 896 Attachments: Type D IRE)S()�I LA ti 0 II'l D A rTIE)ind rTIENI'l t D I E)ttENr D Exhibit Description IRE)SOkAboin approviing airTIENridirTIENnt aind COIIISENI'lt taxa aa: siginirTIENI'lt �l:::::liir'stAirTIEsii'idirTIEsll'It aind COIIISENI'lt to AssiginirTIENI'lt AUdit EingagE)irTIENI'lt C()ir'ir'E�'S�poii'idEs11'1(�,Es Ca�blir'D011'ItENn Agir'E)E)irTIE)l['It Page 35 of 896 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RESOLUTION NO. R22 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT AND CONSENT TO ASSIGNMENT OF PROFESSIONAL AUDITING SERVICES AGREEMENT IN ORDER TO ASSIGN THE CURRENT AGREEMENT WITH CALER, DONTEN, LEVINE, COHEN, PORTER & VEIL, P.A. TO MARCUM, LLP; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 18, 2021, Caler, Donten, Levine, Cohen, Porter & Veil, P.A. ("CDL") notified the City of Boynton Beach ("City") that CDL recently agreed to merge with Eisner Advisory Group LLC d/b/a EisnerAmper effective November 30, 2021; and WHEREAS, EisnerAmper does not perform governmental audit engagements; therefore, CDL has requested that the City of Boynton Beach consent to the assignment of the CDL's Professional Audit Services Agreement ("Agreement") to Marcum, LLP; and WHEREAS, pursuant to Paragraph 13 of the Agreement between CDL and the City of Boynton Beach, entered into and effective on November 17, 2017, the City of Boynton Beach 19 and CDL hereby mutually consent to the assignment of the Agreement in its entirety to 20 21 22 23 24 25 26 27 Marcum, LLP; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the City Manager to execute a First Amendment and Consent to Assignment of Professional Auditing Services Agreement in order to assign the current Agreement with Caler, Donten, Levine, Cohen, Porter & Veil, P.A. to Marcum, LLP in accordance with Paragraph 13 of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:ACAARESOAAgreementsVlmendment and Consent to Assignment of Auditing Services Agreement - Reso.docx Page 36 of 896 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 does hereby approve and authorize the City 32 Manager to execute a First Amendment and Consent to Assignment of Professional Auditing 33 Services Agreement in order to assign the current Agreement with Caler, Donten, Levine, 34 Cohen, Porter & Veil, P.A. to Marcum, LLP in accordance with Paragraph 13 of the Agreement, 35 a copy of the Amendment and Consent to Assignment is attached hereto and incorporated 36 herein as Exhibit "A". 37 Section 3. This Resolution shall become effective immediately upon passage. 38 39 PASSED AND ADOPTED this 4th day of January, 2022. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ATTEST: 55 56 57 Crystal Gibson, MMC 58 City Clerk 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:ACAARESOAAgreementsVlmendment and Consent to Assignment of Auditing Services Agreement - Reso.docx Page 37 of 896 First Amendment and Consent to Assignment of Professional Auditing Services Agreement On November 18, 2021, Caler, Donten, Levine, Cohen, Porter & Veil, P.A. ("CDL") notified the City of Boynton Beach ("City") that CDL recently agreed to merge with Eisner Advisory Group LLC d/b/a EisnerAmper effective November 30, 2021, correspondence which is appended hereto as Exhibit "A" and incorporated herein by reference. EisnerAmper does not perform governmental audit engagements; therefore, CDL has requested that the City of Boynton Beach consent to the assignment of the CDL's Professional Audit Services Agreement ("Agreement") to Marcum, LLP. EisnerAmper has agreed to consent to such assignment. Pursuant to Paragraph 13 of the Agreement between CDL and the City of Boynton Beach, entered into and effective on November 17, 2017, the City of Boynton Beach and CDL hereby mutually consent to the assignment of the Agreement in its entirety to Marcum, LLP. All references in the Agreement to "Cater, Donten, Levine, Cohen, Porter & Veil, P.A." shall now refer to the entity known as Marcum, LLP. Marcum, LLP shall now be deemed by the City to be successor in interest to "Cater, Donten, Levine, Cohen, Porter & Veil, P.A." under the terms of the Agreement, and Marcum, LLP hereby agrees to be bound by all terms contained in such Agreement. Each and every other paragraph and subparagraph of the Agreement shall remain in full force and effect as previously agreed upon. The undersigned have executed this First Amendment and Consent to Assignment of Professional Auditing Agreement this day of , 2021. City of Boynton Beach By: Name: Lori LaVerriere Title: City Manager Marcum, LLP By: Name: Moises D. Ariza, CPA Title: Partner Caler, Donten, Levine, Cohen, Porter & Veil, P.A. By: Name: Mark D. Veil, CPA Title: Shareholder Page 38 of 896 Frederiksen, Mara From: Scott Porter <SPorter@cdlcpa.com> Sent: Thursday, November 18, 2021 2:02 PM To: Frederiksen, Mara Cc: Mark Veil Subject: Merger of CDL with EisnerAmper Mara, As a follow up to our discussion this morning regarding the merger of Caler, Donten, Levine, Cohen, Porter & Veil, P.A. (CDL) with EisnerAmper on November 30, 2021, 1 wanted to provide you with some additional information. We want to thank you, your Finance staff and the City for the professional relationship we have enjoyed for many years. As we discussed, EisnerAmper does not perform governmental audit engagements and will not be continuing our relationship after the merger on November 30, 2021. CDL will cease operations and will no longer provide any accounting and auditing services after the merger date. Throughout this process, both EisnerAmper and CDL agreed that the interests of the City must be protected as part of the merger and we have worked together to identify a South Florida firm that would complete the City's 2021 audit in a timely manner and honor the quoted fee and terms of the City's audit contract with CDL. We are pleased that Marcum, a leader in performing governmental audits in South Florida, has agreed to complete the City's 2021 audit subject to your approval and assignment of the CDL contract. EisnerAmper will make available to Marcum, the key staff that were assigned to the audit with CDL and the complete audit file with all work done to date, so the 2021 engagement can be completed with minimal disruption to the City's operations. CDL partners Scott Porter and Mark Veil are retiring on November 30, 2021 but have agreed to assist EisnerAmper and Marcum as needed with the transition of the 2021 audit. In Palm Beach County, Marcum currently audits the City of Boca Raton, Town of Palm Beach and the City of Palm Beach Gardens. Marcum has offices in West Palm Beach, Ft. Lauderdale and Miami, and presently audits over 50 local governments in South Florida. Moises (Mo) Ariza is the Marcum partner in charge of South Florida and he can be reached at (305) 995-9612 or by email at Moises.Ariza@marcumllp.com if you have any questions regarding their involvement in the transition. The City is of course free to select another firm for the 2021 audit, but we believe that Marcum would be the best option for a quality audit with minimal disruption. If you have any additional questions or need any assistance from us as part of this transition, please let us know. I will be available if you need my personal assistance with any matters, so please feel free to call me any time before or after the merger. Thanks, Scott Scott L. Porter, C.P.A. Shareholder Caler, Donten, Levine, Cohen, Porter & Veil, P.A. 505 S. Flagler Drive, Suite 900 West Palm Beach, FL 33401 Phone (561) 832-9292 Fax (561) 803-4641 Page 39 of 896 PORTER r VEIL RFP NO. 0FINANCIAL AUDITING THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and CALF . DONTEN, LVI, COHEN, PORTER & VEIL, P.A., hereinafter referred to as "FINANCIAL AUDITING SERVICES PROVIDER", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Firm is retained by the City to perform professional services in connection with the RFP FOR FINANCIAL AUDITING SERVICES; RFP No.: 072-1410-17/IT. 2. SCOPE OF SERVICES. Firm agrees to perform the services, identified in Section II Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Professional to proceed. Professional shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall be for a period of three years commencing on the date the Agreement is executed by the City. The City of Boynton Beach may extend the contract with the same terms and conditions for two additional, two-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 5. PAYMENT: The Firm shall be paid by the Provider/City for completed work and for services rendered under this agreement as follows: Fiscal Year Ending September 30, 2017 Audit - $106,725.00 Fiscal Year Ending September 30, 2018 Audit - $106,725.00 Fiscal Year Ending September 30, 2019 Audit - $106,725.00 . The total contract price, as referred to herein, shall be the total amount of payment to Firm for services provided under this agreement for the entire term of the Agreement b. Payment for the work provided by Firm shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Firm shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or his designee. c. The Firm may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Firm in the amount approved. d. Final payment of any balance due the Firm of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. 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 Page 1 of 15 Page 40 of 896 necessary to complete the work. f. The Firm'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. 6. OWNERSHIP AND USE OF DOCUMENTS. . All statements, records, schedules, working papers, and memoranda made by a certified public accountant or firm or her or his employee incident to, or in the course of, professional services to a client, except the reports submitted by the certified public accountant or firm to the client and except for records which are part of the client's records, shall be and remain the property of the certified public accountant or firm in the absence of an express agreement between the certified public accountant or firm and the client to the contrary. 7. COMPLIANCE WITH LAWS. Professional shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Professional shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Professional's own employees, or damage to property occasioned by a negligent act, omission or failure of the Professional. 9. INSURANCE. Successful Offeror shall, at a minimum, provide, pay for, and maintain in force at all times during the term of this Contract the following insurances: Commercial Liability Insurance - A Commercial Liability Insurance Policy shall be provided which shall contain limits of no less than One Million Dollars ($1,000,000.00) per occurrence for bodily injury liability, personal injury liability and property damage liability on a per project basis, and shall contain limits of no less than a Two Million Dollars ($2,000.000.00) aggregate. Coverage must be afforded on a form no more restrictive than CG 20 10 10 01 and CG 20 37 10 01 Commercial Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: premises and operations, independent contractors, products and/or completed operations for contracts, broad form contractual coverage applicable to this specific Contract including any hold harmless and/or indemnification Contract, personal injury coverage with employee and contractual exclusions removed and policy limits shall be applied on a primary and non-contributory basis. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during course of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and Page 2 of 15 Page 41 of 896 shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions. Workers Compensation Insurance - Workers' Compensation insurance to apply for all employees in compliance with State Statutory limits, as may be amended from time to time, the "Workers' Compensation Law" of the State of Domicile, and all applicable Federal laws. In addition, the policy(ies) must include employers' liability with a limit of One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) aggregate limit by disease and One Million Dollars ($1,000,000.00) each employee by disease. Additionally, if there will be operations undertaken on or about navigable waters, a coverage endorsement must be included for the U.S. Longshoremen & Harbor Workers Act and Jones Act. If exempt for Worker's Compensation, proper documentation shall be provided. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the Professional is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Professional nor any employee of Professional shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Professional, or any employee of Professional. 11. COVENANT AGAINST CONTINGENT FEES. The Professional warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Professional, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Professional, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Professional, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Professional shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON -WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. Page 42 of 896 a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Professional, b. In the event of the death of a member, partner or officer of the Professional, or any of its supervisory personnel assigned to the project, the surviving members of the Professional hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Professional and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17 NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Professional shall be sent to the following address: Caler, Donten, Levine, Cohen, Porter & Veil, P.A. ATTN: Scott L. Porter 505 South Flagler Drive, Suite 900 West Palm Beach, FL 33401 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Professional and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Professional. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; Page 4 of 15 Page 43 of 896 C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor'must be prodded to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF TAE CO11T,",?!kCTOR HAS QUESTIONS REGARDING TAE APPLICATION OF OD , STATUES, TO THE CONTRACTOR'SDUTY TO PROVIDE a- RELATING TO THIS CONTRACT,OOD O, PUBLIC JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON, 661-742-6061 PYLEJ@BBFL.US Page 5 of 15 Page 44 of 896 DATED this .. ,,, day of ............................. .......... .... cffl... ' R' l;p CITY OF BOYNTON BEACH .............................. 11 o I1,,,.a' eirriiere, Ciity I Manager Attest/Ai ithanfle-MAH, ............ Il;:w ir° ot''e s s ii o n a II ....... . .... . ....... I'litlle (Corporate Seal) Page 6 of 15 Page 45 of 896 EXHIBIT A W%kkm R The City of Boynton Beach (the "City"), a political subdivision of the State of Florida, located in Palm Beach County, is soliciting the services of qualified firms of certified public accountants (the "Auditor") to audit its financial statements for the fiscal years ending September 30, 2017 through 2020, with two (2) optional, two (2) year renewal periods. These audits are to be performed in accordance with generally accepted auditing standards, and, the standards for financial audits contained in the Government Auditing Standards issued by the Comptroller General of the United States, the provisions of the federal single Audit Act Amendment of 996 and U.S. Office of Management and Budget (OMB) Super Circular; Audits of States, Local Governments and Non -Profit Organizations, Audits of State and Local Governments (Revised) — AICPA, Section 215.97 Florida Statutes, Florida Single Audit Act; and Chapter 10.550 Local Governmental Entity Audits, Rules of the Auditor General, State of Florida and any other applicable Federal, State and local laws and regulations. The City of Boynton Beach requires the auditor to express an opinion on the fair presentation of its basic financial statements in conformity with accounting principles generally accepted in the United States. The Auditor is required to audit the financial statements of the governmental activities, the business -type activities, each major fund, and the aggregate remaining fund information of the City, which collectively comprise the City's basic financial statements. The Auditor is not required to audit the introductory section of the Comprehensive Annual Financial Report (CAFR), its Management's Discussion and Analysis, its required supplementary information and the statistical section of the CAFR. However, the auditor is to provide an "in -relation -to" report on the combining and individual fund financial statements and supporting schedules based on the auditing procedures applied during the audit of the basic financial statements. The City expects to file the CAFRs annually with the Government Finance Officers Association of the United States and Canada for review in the Certificate of Achievement for Excellence in Financial Reporting Program. It is anticipated that the Auditor will provide special assistance to the City to meet the requirements of that program by providing technical advice to ensure awarding of certification. The auditor shall also be responsible for performing certain limited procedures involving required supplementary information required by the Governmental Accounting Standards Board as mandated by generally accepted auditing standards. 3. TERM This Agreement snail be for a period of three years commencing on the date the Agreement is executed by the City. The City of Boynton Beach may extend the contract with the same terms and conditions for two additional, two-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. Page 46 of 896 To meet the requirements of this Request for Proposal, the audit shall be performed in accordance with: a. Section 218.39, Florida Statutes, and any other applicable Florida Statutes. b. Rules of the Auditor General for the State of Florida, Chapter 10.550 and other rules as applicable. c. Audits of Staten Local Government Units, issued by the AmericanInstitut of Certified Public Accountants. d. Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, issued by the U.S. Office of Management and Budget (OMB). e. Federal Single Audit Act of 1984. f. Federal Single Audit Act Amendments of 1996. g. Florida Single Audit Act (Section 215.97, Florida Statutes). h. Statements on Auditing Standards (GRAS). i, Government Auditing Standards, issued by the Comptroller General of the United States. j. Any other applicable Federal, state, local regulations or professional guidance not specifically listed above as well as any additional requirements that may be adopted by these organizations in the future. Any updates of, or amendments to, these described auditing standards or applicable laws are to be incorporated in future audits performed by the selected auditor performing auditing engagements for the City in future fiscal years. Proposed fees must incorporate all required audit procedures, relative to all regulations in effect, and issued, as of the date of the closing of this Request for Proposals, to include all GASBs issued to date. Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue: a. A report on the fair presentation of the basic financial statements in conformity with accounting principles generally accepted in the United States. b. A report on internal control over financial reporting based on the audit of the basic financial statements. C. A report on compliance with applicable laws and regulations, as required by Government Auditing Standards. d. A management letter required by Section 11.45(3) (a) 4, Florida Statutes. e. Reports required by the Single Audit Act of 1984, as amended, and the Florida Single Audit Act to include: An "in -relation -to" report on the Schedule of Expenditures of Federal Awards and State Financial Assistance, Page 8 of 15 Page 47 of 896 A single audit report on the internal control structure used in administering Federal awards programs and state financial assistance projects. A single audit report on compliance with laws and regulations related to major Federal awards programs and state financial assistance projects. This report should include an opinion on compliance with specific requirements applicable to major Federal awards programs and state financial assistance projects. Other required disclosures required by relevant Rules of the Auditor General. g. COMPREHENSIVE ANNUAL FINANCIAL STATEMENT (CAFR), the City desires the auditor to publish the CAFR using the City's format and provide (15) bound copies for distribution and a .pdf file that can be used for electronic submission. In the required report(s) on internal controls, the auditor shall communicate any reportable conditions found during the audit. A reportable condition shall be defined as a significant deficiency in the design or operation of the internal control structure, which could adversely affect the organization's ability to record, process, summarize and report financial data consistent with the assertions of management in the financial statements. Reportable conditions that are also material weaknesses shall be identified as such in the report. Non -reportable conditions and other matters discovered by the auditors shall be reported in a separate letter to management, which shall be referred to in the reports on internal controls. The report on compliance shall include all material instances of noncompliance. All nonmaterial instances of noncompliance shall be reported in a separate management letter, which shall be referred to in the report on compliance. Irregularities and Illegal Acts — auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the Director of Financial Services and the City Manager. Use of the audited financial statements, opinions or any of the above named reports will not result in additional compensation unless their use requires additional certification or services on the part of the firm. The City of Boynton Beach will send its comprehensive Annual Financial Report (CAFR) to the Government Finance Officers Association of the United States and Canada for meritorious review in their Certificate of Achievement for Excellence in Financial Reporting program. During the contract period, the City may prepare one or more official statements in connection with the sale of debt securities that will contain the basic financial statements and the auditor's report thereon. The auditor shall be required, if requested by the Page 48 of 896 financial advisor and for the underwriter, to issue a "consent and citation of expertise" as the auditor and any necessary "comfort letters". All working papers and reports must be retained, at the auditor's expense, for a period of three (3) years after completion of any work provided herein, unless the firm is notified in writing by the City of Boynton Beach of the need to extend the retention period. City management and their representatives shall be entitled at any time during the contract period to inspect and reproduce such documents as deemed necessary. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. As requests for copies of working papers are fulfilled, the auditors will be required to notify the Director of Financial Services of the request, as appropriate. 8. ADDITIONAL SERVICES If, during the contractual period, additional auditing or accounting services are needed, the proposer may be engaged to perform these services. The proposer shall, upon receipt of a written request from the City, perform such additional services. Such services, if offered by the proposer, may include, but not be limited to: • Management advisory services • Arbitrage calculations • Extended audit services or special audits • Assistance in the preparation of any Official Statements required by Bond Counsel All additional work will be documented by engagement memoranda to be approved by the City in accordance with the procurement policies of the City. The proposer will be compensated in accordance with fees established as a result of this RFP. The total amount for additional services shall be separately negotiated at the time of the engagement for a not -to -exceed amount calculated in accordance with the rates of the awarded contract. In addition, the audit firm will be responsible for ensuring that any additional services provided would not impair the firm's independence as prescribed in Amendment 3 to Govemment Auditing Standards. J. * : 0 9. BACKGROUND INFORMATION The City of Boynton Beach serves an area of approximately 16.5 square miles with population of approximately 73,000. The City provides services to its citizens in many areas such as law enforcement, emergency medical services, fire control, water and sewer, library services, refuse collection, municipal golf course, and various park sites and recreational services. The City was incorporated in 1920 and has operated under a Commission -Manager form of government (the City employs some 750 full time and 50 Page ] 0 of 15 Page 49 of 896 part-time employees; had total assets of almost $397 million, and revenues of over $180 million for the fiscal year ended September 30, 2016. The City of Boynton Beach uses the following fund types and account groups in its financial reporting: ........................................................................................ IIJurnber of Number, with lindiViduoali 1,,,,egalllly Adopted _........................................................III:::::.!!:::u'.::p!:.........!! „y.Illmwe/A o a iur�.t....! irD �iil.11f ..,.,..,.........,.�-..,,,,.._ IF ands An n u a 11 Il; u d �- ets Geiuieu,,aI 1....°,u��id t f ..p p.c,,; u...�.....1!:: ;: e ve iY�.0 e.....lp::: �u in d s ............................._.._,,,,,,. 15 .. I )ebt, Sleimlice Funds t 1 .....................................................................................................................I.�........�..,,,. .............,,,.,, 'a lip !,tal......[::�.r�ects 1°:;'unds Enterprise _.l...wwnd ...............................,,, :;�,....................,,,,,,,,,,................ ...... kng rnall 8eyVlice1 wnds 3 ................ II° ,i¢ slioir [')rust Ip::°:urtds t:l The City of Boynton Beach's budget for Fiscal Year 2016 is $78 million (General Fund only) for operations. Tax millage rates are 7.9 mills for the General Fund. The City has a Finance staff of three who will be committed to the audit and the timely completion of the Comprehensive Annual Financial Report (CAFR). More detailed information on the government and its finances can be found in budget documents, official statements, annual financial reports, and administrative policies and procedures manuals. 3, BUDGETARY BASIS OF ACCOUNTING The budget of the General Fund is prepared on the modified accrual basis except that encumbrances are budgeted as the equivalent of expenditures as opposed to a reservation of fund balance. As a result, the General Fund revenue, expenditures and operating transfers reported in the budget and actual statement differ from the amounts reported on the GAAP basis. None of the other budgeted funds have any differences between the GAAP basis and the budgetary basis. Page 50 of 896 �PJA-fW-11 IN During the initial fiscal year to be audited, the City of Boynton Beach will receive financial assistance including, but not limited to, the following federal agencies: Federal Assistance CFDA Number U.S. Department of Housing and Urban Development Community Development Block Grant Entitlement 14.218 U.S. Department of Justice Bulletproof Vest Program 16.607 Justice Assistance Grant Program 16.738 FL Dept. of Agriculture Urban and Community Forestry Grant 10.664 Office of Attorney General Victims of Crime Act 16.02 FL Dept. of Health Bureau of Emergency Medical Oversight EMSTAR compliance 20.616 State Assistance Floridat Division of Library and Information Services State Aid to Libraries 45.030 Florida Housing Finance Corporation State Housing Initiatives Partnership (SHIP) Program 52,901 State of Florida Dept. of State Boynton Bch Cultural Resources Smart Phone Application 15.904 Department of Homeland Security Staffing for Adequate Fire and Emer. Response 97.083 FI. Dept. of Health - PBC Division of Emer. Mgmt. COT Replacement Local Assistance Comcast Internet Essentials Dollar General Summer Reading Target K-9 Event Palm Beach County, Department of Environmental Resources USA Swimming Page 12 of 15 Page 51 of 896 ® EMPLOYEE RETIREMENT PLANS The City of Boynton Beach contributes to three single -employer pension plans covering all full-time City employees. City Ordinance establishes the benefit provisions and all other requirements. The pension funds have an independent contracted administrator, and the investments of the fund are administered, managed and operated by its respective Board of Trustees. Currently, all pension funds are audited separately and reports are provided to the City. The defined benefit plans are: 6. COMPONENT UNITS For financial reporting purposes, the City of Boynton Seacn is in conformity with the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards, Section 2100. Using these criteria, a component unit is included in the City of Boynton Beach's financial statements. The management of the City of Boynton Beach has identified the Community Redevelopment Agency (CRA) for inclusion in the City's financial statements as a blended component unit. The CRA has a September 30 year-end and maintains a set of books and records independent of the set of books and records maintained by the City of Boynton Beach. The CRA is responsible for the issuance of audited financial statements and is blended into the City Of Boynton Beach's financial statements. The audit of the CRA's financial statements is not within the scope of services covered by this RFP, 1. Mar� Page 52 of 896 General Police Firefighterse Employees'Officers' Pension Fun Pension Fund Pension Fun Participant data as of October 1, 2015 most recent actuarial valuation: ® Retirees and beneficiaries 376 120 80 receiving benefits • Terminated vested 47 7 1 employees • Jested current 265 63 6 employees • Non -vested current 111 56 51 employees 6. COMPONENT UNITS For financial reporting purposes, the City of Boynton Seacn is in conformity with the Governmental Accounting Standards Board's Codification of Governmental Accounting and Financial Reporting Standards, Section 2100. Using these criteria, a component unit is included in the City of Boynton Beach's financial statements. The management of the City of Boynton Beach has identified the Community Redevelopment Agency (CRA) for inclusion in the City's financial statements as a blended component unit. The CRA has a September 30 year-end and maintains a set of books and records independent of the set of books and records maintained by the City of Boynton Beach. The CRA is responsible for the issuance of audited financial statements and is blended into the City Of Boynton Beach's financial statements. The audit of the CRA's financial statements is not within the scope of services covered by this RFP, 1. Mar� Page 52 of 896 The Financial Services Department consists of the following positions: The City is currently utilizing SunGard HTE financial software in an AS400 environment. 9. AVAILABILITY OF PRIOR AUDIT REPORTS AND WORKING PAPERS Interested proposers who wish to review prior years' Comprehensive Annual Financial Reports (CAFR) and management letters should contact Mara Frederiksen Accounting Manager, 100 East Boynton Beach Blvd., Boynton Beach, Florida 33435. The CAFR is also available online via the City website at www.boynton-beach.ora under the "Finance" link or the "Public Records" link. Page 53 of 896 10. ASSISTANCE TO BE PROVIDED TO THE AUDITOR PREPARATION The Financial Services staff will be available during the audit to assist the firm by providing information, documentation and explanations. In addition, staff will provide the following: 1. Preparation of the confirmations and lead schedules. . Assistance in providing paid invoices, cancelled checks and other supporting documentation as requested by the firm. 3. Year-end closing of the books of account and preparation of necessary adjusting journal entries. 4. Preparation of schedules and related materials as requested by the firm. 5. Preparation of all financial statements including related notes and required supplemental financial information. 6. Preparation of the annual local government financial report submitted to the Florida Department of Banking and Finance. Page 15 of 15 Page 54 of 896 C." Consent Agenda 1/4/2022 Requested Action by Commission: Proposed Resolution No. R22-002 - Approve revisions, deletions and additions to Planning & Zoning Division Fee Schedule to reflect current services and updated costs, and to correct general deficiencies. Effective Date: January 1, 2022 Explanation of Request: The Division's fee schedule was last updated in 2013 by Resolution No. 13-049. Since 2013, the City's Land Development Regulations have been updated implementing new or modifying existing processes; State Statutes have been revised affecting the process by which the Comprehensive Plan and Future Land Use Map are amended; and several other procedural changes have been made that are not currently reflected in the Planning & Zoning Division Fee Schedule. Some principal examples of the warranted changes are described as follows: The City revised the intensity thresholds for the development approval process. These changes allowed for larger, more complex, and more time-consuming projects to be approved administratively. The associated fees have not been updated to reflect these changes and corresponding review time to recover the personnel costs; Application titles and requirements have been streamlined within the Division's applications, and the proposed fee schedule includes revisions to be consistent with these modifications; and Several applications that require Planning & Zoning staff reviews currently do not have corresponding fees. Examples include the processing of sign programs and sign program amendments, zoning reviews for Business Tax Receipt requests, Alcoholic License reviews, and required pre -application meetings. An analysis was conducted comparing the City's Planning and Zoning fees with those of other municipalities in Palm Beach County. Currently, the City of Boynton Beach generally has significantly lower fees than other municipalities within the county, including those directly to the north and south of the City limits. While the proposed revisions generally represent an increase in fees, the resulting amounts are comparable and remain competitive with neighboring municipalities. How will this affect city programs or services? N/A Fiscal Impact: The proposed changes are necessary to more accurately represent current services and application processes, and to adequately recover personnel expenses. Proposed changes reflect both current and newly added services or functions. Minor increases in application revenues are anticipated. Alternatives: None; recommended changes are necessary to represent current application types and services administrated by City staff. Strategic Plan: Page 55 of 896 Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D IRE)S()�I LA ti 0 111 D AttacftrTIENI'lt D AttacNrTIENI'lt D AttacftrTIENI'lt Description RE)SOkAboin approvirlg UlpdatEd Raininiing & Divisioin F:::EsE) SchEdLA�b, 2022 FlrolPOSEd I aindDEWE�flopirTIENI'lt F:::EsE) SchEdLAE) MLAII'IiC,ipall IP&Z F:::EsE) Coirnpairlsoin E)dstiing I aindIC:: E)V(.)lopirTIENI'lt F:::EsE) SchEdLAE) Page 56 of 896 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING REVISIONS, DELETIONS AND ADDITIONS TO THE PLANNING & ZONING DIVISION FEE SCHEDULE TO REFLECT CURRENT SERVICES AND UPDATED COSTS, AND TO CORRECT GENERAL DEFICIENCIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, since the Planning & Zoning Division's last fee update in 2013, the City's Land Development Regulations have been updated implementing new or modifying existing processes; State Statutes have been revised affecting the process by which the Comprehensive Plan and Future Land Use Map are amended; and several other procedural changes have been made that are not currently reflected in the Planning & Zoning Division Fee Schedule; and WHEREAS, currently, the City of Boynton Beach generally has significantly lower fees than other municipalities within the county, including those directly to the north and south of the City limits; and WHEREAS, while the proposed revisions generally represent an increase in fees, the resulting amounts are comparable and remain competitive with neighboring municipalities. 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 25 hereof. 26 27 Section 2. The City Commission does hereby find that the Planning & Zoning Division Fee Schedule attached hereto and incorporated herein as Exhibit "A", represents fair S:ACA\RESO\Planning & Zoning Division Fee Schedule 2022 - Reso.docx Page 57 of 896 28 and reasonable sums and adopts Exhibit "A" as the Boynton Beach Planning & Zoning Division 29 2022 Fee Schedule. 30 Section 3. This Resolution shall take effect January 1, 2022. 31 32 PASSED AND ADOPTED this 7th day of December, 2021. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 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) 60 Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga S:ACA\RESO\Planning & Zoning Division Fee Schedule 2022 - Reso.docx VOTE YES NO Page 58 of 896 CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT I PLANNING & ZONING DIVISION 100 E. Ocean Ave. Boynton Beach, FL 33435 www.boynton-beach.org PLANNING & ZONING DIVISION FEE SCHEDULE RES XXX -XXX Effective Date XXX XXX ACTIVITY Fee MAJOR DEVELOPMENT Abandonment (easement or right-of-way) $1,500 Annexation $1,500 Administrative Appeal $750 Comprehensive Plan Amendment (Map) Up to 50 acres (small scale) $3,000 All others $5,000 Community Design Plan Appeal $750 Conditional Use $2,000 Development of Regional Impact (DRI) Review' Notice of Proposed Change (NOPC) $3,000 New DRI or substantial deviation $5,000 Review of Annual Report $500 Height Exception $750 Master Plan (New) & Major Master Plan Modiication Less than 10 acres $2,500 10 acres or more $3,000 New Major Site Plan, Major Site Plan Modifications, & Tech. Site Plan (total project sq. ft.) up to 49,999 sq. ft. $2,000 50,000 - 149,999 sq. ft. $3,000 150,000 - 499,999 sq. ft. $3,500 500,000 + sq. ft. $4,000 PID District Code Waivers $500 Modification to Development Order $1,000 Rezoning Up to 10 acres $2,000 10 acres or more $3,000 Variance $1,500 MINOR DEVELOPMENT Administrative Adjustment $500 Landscape Modifications $300 Lot Line Modification $500 Sign Program $500 Sign Program Amendment $150 Minor Master Plan Modification $1,000 Minor Site Plan Modification Arch./Elevation changes only (i.e. only requiring review by P&Z Division) $500 Multiple modifications and/or requires multi -department review $1,000 Repainting $75 New Minor Site Plan $1,500 OTHER APPLICATIONS REQUESTS & FEES Alcohol License Sign -off New $100 Renewal / Special Event $50 BTR Zoning Review $50 Certificate of Conformity $400 Conceptual Development Meetings $100 Historic Preservation Historic Designation - Individual $100 Historic Designation - District (per property up to a max. of $500) $10 S:\Planning\Forms\Fees\2021 Fee Update\P&Z App Fees - 2021revisions_ABR Page 59 of 896 Certificate of Appropriateness (COA) - staff only $30 Certificate of Appropriateness (COA) - Board review - Minor $50 Certificate of Appropriateness (COA) - New Const. / Major Mod. / In or out of District $150 Certificate of Appropriateness (COA) - Relocation into or out of a district $150 Certificate of Appropriateness (COA) - Primary structure $500 Certificate of Appropriateness (COA) - Accessory structure $250 Property Tax Exemption $250 Evaluation for Historic Significance / Eligibility for Designation $50 Appeal of staff or Board decision $100 Legal review of documents (e.g. condo documents, cross -access agreements; parking agreements) $500 Mobile Vending Unit Application review $250 Permit fee $50 P&Z Permit Reviews (based on review time) up to .5 hr $50 .5 - 1 hr $100 1 -2 hr $150 Postponement Without re -advertisement and re -notification to property owners $25 With re -advertisement (in addition to legal ad/notification costs) $250 Pre -Application Meeting4 $150 Resubmittal of Applicantions (after 2 notices of incompleteness) 50% of Orginal fee Sidewalk Cafe application review $150 Site Plan Time Extension (including extensions pursuant to state statutes) $750 Special Project Verifictions for Grants, Development Incentives, Housing Credits & Similar Applications $45 Telecommunications Co -locations $200 Tower Siting / Tower Replacements $750 New Lease / Lease Revisions $1,500 Unity of Title New Unity of Title $250 Release of Unity of Title (plus legal review fee $250 Waivers, Administrative $200 Zoning Permit ` $50 Zoning Permit Inspection if required (per inspection) $35 Zoning Verification Letters One question per vacant property or per developed project $50 One to four questions per vacant property or per developed project $100 each additional questions above the first four $25 Code interpitations or determinations $200 NOTES: Fees are not refundable after staff review has begun unless noted otherwise herein. Reviews will be discontinued if a check is returned; to re -apply an applicant must pay the application fee plus the fee for returned checks as established by the City. Applicants applying for activities requiring noticing in the local newspaper (PB Post) shall also remit the current advertising fee to cover said costs Total project fees are calculated by the sum of the applicable application fees. Fees cover two reviews. Additional reviews will be billed to the applicant based on the hourly rate of salary of $75. Footnotes: 1 A $1500 deposit for an NOPC application, and $5,000 for a new DRI or Substantial Deviation, are required at time of filing period, Cost of advertising, and staff time will be billed to applicant based on hourly salaries plus 35% for fringe benefits. Costs for current legal ad/public notice will also be paid at time of filing. 2 Zoning permits are issued for improvements/elements not requiring a building permit such as fences for single family homes, banner signs, sign copy changes, eligible sheds and tiki huts, and pavers, patios and sidewalks (excluding sidewalks within rights-of-way). 3 The higher fee is associated with research required for preparing the letter, beyond zoning and use information. 4 Pre -Application Meetings are meetings required proir to application submital. The meeting includes DART Members. A preliminary site plan & landscape plan are required at scheduling. I5 Conceptual Development Meetings are applicant requested meetings with planning staff to discuss any inquiry or potential development. S:\Planning\Forms\Fees\2021 Fee Update\P&Z App Fees - 2021 revisions_ ABR Page 60 of 896 CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT I PLANNING & ZONING DIVISION 100 E. Ocean Ave. Boynton Beach, FL 33435 www.boynton-beach.org PLANNING & ZONING DIVISION FEE SCHEDULE RES XXX -XXX Effective Date XXX XXX ACTIVITY Fee MAJOR DEVELOPMENT Abandonment (easement or right-of-way) $1,500 Annexation $1,500 Administrative Appeal $750 Comprehensive Plan Amendment (Map) Up to 50 acres (small scale) $3,000 All others $5,000 Community Design Plan Appeal $750 Conditional Use $2,000 Development of Regional Impact (DRI) Review' Notice of Proposed Change (NOPC) $3,000 New DRI or substantial deviation $5,000 Review of Annual Report $500 Height Exception $750 Master Plan (New) & Major Master Plan Modiication Less than 10 acres $2,500 10 acres or more $3,000 New Major Site Plan, Major Site Plan Modifications, & Tech. Site Plan (total project sq. ft.) up to 49,999 sq. ft. $2,000 50,000 - 149,999 sq. ft. $3,000 150,000 - 499,999 sq. ft. $3,500 500,000 + sq. ft. $4,000 PID District Code Waivers $500 Modification to Development Order $1,000 Rezoning Up to 10 acres $2,000 10 acres or more $3,000 Variance $1,500 MINOR DEVELOPMENT Administrative Adjustment $500 Landscape Modifications $300 Lot Line Modification $500 Sign Program $500 Sign Program Amendment $150 Minor Master Plan Modification $1,000 Minor Site Plan Modification Arch./Elevation changes only (i.e. only requiring review by P&Z Division) $500 Multiple modifications and/or requires multi -department review $1,000 Repainting $75 New Minor Site Plan $1,500 OTHER APPLICATIONS REQUESTS & FEES Alcohol License Sign -off New $100 Renewal / Special Event $50 BTR Zoning Review $50 Certificate of Conformity $400 Conceptual Development Meetings $100 Historic Preservation Historic Designation - Individual $100 Historic Designation - District (per property up to a max. of $500) $10 S:\Planning\Forms\Fees\2021 Fee Update\P&Z App Fees - 2021revisions_ABR Page 61 of 896 Certificate of Appropriateness (COA) - staff only $30 Certificate of Appropriateness (COA) - Board review - Minor $50 Certificate of Appropriateness (COA) - New Const. / Major Mod. / In or out of District $150 Certificate of Appropriateness (COA) - Relocation into or out of a district $150 Certificate of Appropriateness (COA) - Primary structure $500 Certificate of Appropriateness (COA) - Accessory structure $250 Property Tax Exemption $250 Evaluation for Historic Significance / Eligibility for Designation $50 Appeal of staff or Board decision $100 Legal review of documents (e.g. condo documents, cross -access agreements; parking agreements) $500 Mobile Vending Unit Application review $250 Permit fee $50 P&Z Permit Reviews (based on review time) up to .5 hr $50 .5 - 1 hr $100 1 -2 hr $150 Postponement Without re -advertisement and re -notification to property owners $25 With re -advertisement (in addition to legal ad/notification costs) $250 Pre -Application Meeting4 $150 Resubmittal of Applicantions (after 2 notices of incompleteness) 50% of Orginal fee Sidewalk Cafe application review $150 Site Plan Time Extension (including extensions pursuant to state statutes) $750 Special Project Verifictions for Grants, Development Incentives, Housing Credits & Similar Applications $45 Telecommunications Co -locations $200 Tower Siting / Tower Replacements $750 New Lease / Lease Revisions $1,500 Unity of Title New Unity of Title $250 Release of Unity of Title (plus legal review fee $250 Waivers, Administrative $200 Zoning Permit ` $50 Zoning Permit Inspection if required (per inspection) $35 Zoning Verification Letters One question per vacant property or per developed project $50 One to four questions per vacant property or per developed project $100 each additional questions above the first four $25 Code interpitations or determinations $200 NOTES: Fees are not refundable after staff review has begun unless noted otherwise herein. Reviews will be discontinued if a check is returned; to re -apply an applicant must pay the application fee plus the fee for returned checks as established by the City. Applicants applying for activities requiring noticing in the local newspaper (PB Post) shall also remit the current advertising fee to cover said costs Total project fees are calculated by the sum of the applicable application fees. Fees cover two reviews. Additional reviews will be billed to the applicant based on the hourly rate of salary of $75. Footnotes: 1 A $1500 deposit for an NOPC application, and $5,000 for a new DRI or Substantial Deviation, are required at time of filing period, Cost of advertising, and staff time will be billed to applicant based on hourly salaries plus 35% for fringe benefits. Costs for current legal ad/public notice will also be paid at time of filing. 2 Zoning permits are issued for improvements/elements not requiring a building permit such as fences for single family homes, banner signs, sign copy changes, eligible sheds and tiki huts, and pavers, patios and sidewalks (excluding sidewalks within rights-of-way). 3 The higher fee is associated with research required for preparing the letter, beyond zoning and use information. 4 Pre -Application Meetings are meetings required proir to application submital. The meeting includes DART Members. A preliminary site plan & landscape plan are required at scheduling. I5 Conceptual Development Meetings are applicant requested meetings with planning staff to discuss any inquiry or potential development. S:\Planning\Forms\Fees\2021 Fee Update\P&Z App Fees - 2021 revisions_ ABR Page 62 of 896 CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT I PLANNING & ZONING DIVISION 100 E. Ocean Ave. Boynton Beach, FL 33435 (9 www. boynton-beach.org FEES FOR LAND DEVELOPMENT RELATED ACTIVITY RES XXX -XXX Effective Date XXX XXX ACTIVITY FEE JProposed Delray LakeWorth Boca Raton MAJOR DEVELOPMENT Abandonment (easement orrightof-way) $750 $1,500 $3,300 $1,500 ROW$3,570 Annexation $500 $1,500 $3,000-$4,500 $1,000 $3,240 Administrative Appeal $750 $750 $1,100 $300 $1,400 Comprehensive Plan Amendment (Map) Up to 10 acres (small scale) $750 $3,000 $5,500 $3,000 $2,600 All others $1,500 $5,000 $11,000 $5,000 $3,700 Community Design Plan Appeal $500 $750 $750 Conditional Use $1,000 $2,000 $3,300 (P&D)$1,500-$2,500 $2,040-$3,500 Development of Regional Impact (DRI) Review Notice of Proposed Change (NOPC) $1,500 $3,000 $3,000 New DRI orsubstantial deviation $5,000 $5,000 $3,000 Review of Annual Report $400 $500 Height Exception $750 $750 Master Plan (New) & Major Master Plan Modiication Less than 10 acres $1,000 $2,500 $3,150 $3,000-$4,000 $3,500 10 acres or more $1,500 $3,000 $3,500 New Major Site Plan, Major Site Plan Modifications, & Tech. Site Plan (total project sq. ft.) up to 49,999 sq. ft. $1,500 $2,000 $3,300-$5,500 $1,500-$3,000 new $3,000 50,000 - 149,999 sq. ft. $2,000 $3,000 $500-$1,500 mods $3,000 150,000 - 499,999 sq. ft. $2,500 $3,500 $3,000 500,000+ sq. ft. $3,000 $4,000 $3,000 PID District Use Approval $750 $1,000 $5,500 $3,000-$4,000 PID District Code Waivers $200 $500 Modification to Development Order $750 $1,000 Rezoning Up to 10 acres $750 $2,000 $5,500 $3,500-$4,000 $2,200-$4,100 10 acres or more $1,000 $3,000 $5,500 $3,500-$4,000 $2,200-$4,100 Variance $500 $1,500 $1,500 $1,530+ MINOR DEVELOPMENT Administrative Adjustment $200 $500 Landscape Modifications $300 $300 Lot Line Modification $200 $500 Master Sign Program $500 $250 Master Sign Program Amendment $150 $150 S:\Planning\Forms\Fees\P&Z App Fees - 2021 revisions_ABNge 63 Of 896 nor Master Plan Modification nor Site Plan Modification Arch./Elevation changes only (i.e. only requiring review by P&Z Division) Multiple modifications and/or requires multi -department review Repainting w Minor Site Plan Alcohol License Sign -off New Renewal / Special Event BTR Zoning Review Certificate of Conformity Conceptual Development Meeting Historic Preservation Historic Designation - Individual Historic Designation - District (per property up to a max. of $500) Certificate of Appropriateness (COA) - staff only Certificate of Appropriateness (COA) - Board review - Minor Certificate of Appropriateness (COA) - New Const. / Major Mod. / In or out of District Certificate of Appropriateness (COA) - Relocation into or out of a district Certificate of Appropriateness (COA) - Primary structure Certificate of Appropriateness (COA) - Accessory structure Property Tax Exemption Evaluation for Historic Significance / Eligibility for Designation Appeal of staff or Board decision Legal review of documents (e.g. condo documents, cross -access agreements, parking agreements) Mobile Vending Unit Application review Permit fee P&Z Permit Reviews (based on review time) upto.5 hr .5-1 hr 1-2 hr Postponement Without re -advertisement and re -notification to property owners Without re -advertisement and re -notification to property owners With re -advertisement (in addition to legal ad/notification costs) Pre -Application Meeting Resubmittal of Applicantions (after 2 notices of incompleteness) Sidewalk Cafe application review Site Plan Time Extension (including extensions pursuant to state statutes) Special Project Verifictions for Grants, Development Incentives, Housing Credits & Similar Applications Telecommunications Co -locations $5001 $1,0001 $1,5751 ) $2,500 $150$500 $500 -$1,500 $750 $1,000 $3,300-$5,500 $75 $75 $1,500 $0 $0 $0 $200 $0 $15 $10 $35 $50 $150 $150 $500 $250 $100 $50 $100 $500 $250 $50 Hourly rate $25 $50 $0 50° $40 $500 $200 $100 $50 $50 $400 $100 $100 $10 $30 $50 $150 $150 $500 $250 $250 $50 $100 $500 $250 $50 $50 $100 $150 $25 $250 $150 5 of Orginal fee $150 $750 $45 $200 $100 - $1,650 $250 $550 $500 $500 $1,000 $500 $1,000 $500 $100 $250 $250 $1,650 $250 $150 - $1,100 S:\Planning\Forms\Fees\P&Z App Fees - 2021 revisions_ABPage 64 Of 896 $100 $50 $15-$50 $125 $50-$500 $750 $205 $205 $510 $70-$190 $70-$190 $70-$190 $70-$190 $70-$190 $70-$190 $155 Tower Siting / Tower Replacements $750 $750 New Lease / Lease Revisions $1,500 $1,500 of Title New Unity of Title $0 $250 Release of Unity of Title (plus legal review fee $150 $250 !rs, Administrative $200 $200 g Permit $50 $50 g Permit Inspection if required (per inspection) $35 $35 g Verification Letter One question per vacant property or per developed project $35 $50 $50-$275 One to four questions per vacant property or per developed project $35 $100 each additional questions above the first four $35 $25 Code interpitations or determinations $35 $200 $275 S:\Planning\Forms\Fees\P&Z App Fees - 2021 revisions_ABPage 65 Of 896 $55-$255 $95-$255 $25-$50 $60-$250 $150 $250 CITY OF BOYNTON BEACH DEVELOPMENT DEPARTMENT I PLANNING & ZONING DIVISION 100 East Boynton Beach Boulevard • Boynton Beach, FL 33435 • (561)742-6260 • Fax (561)742-6259 www. Boynton- beach. org FEES FOR LAND DEVELOPMENT RELATED ACTIVITY Resolution #13- 049, Adopted/Effective June 18, 2013 ACTIVITY FEE 1,000.00 Abandonment (easement or right-of-way) $ 750.00 Administrative Adjustment $ 200.00 Annexation $ 500.00 Appeal $ 5,000.00 Administrative $ 750.00 Community Design Plan First appeal (per code section) $ 500.00 Each additional appeal $ 100.00 Landscape Code First appeal (per code section) $ 500.00 Each additional appeal $ 100.00 Cerrtificate of Conformity $ 200.00 Comprehensive Plan Amendment (Map) $ 50.00 Up to 10 acres (small scale) $ 750.00 All others $ 1,500.00 Conditional Use' $ 500.00 Concurrent with site plan review (in addition to site plan review fee) $ 1,000.00 Use only with no site/building modifications (in lieu of site plan review fee) $ 750.00 Development of Regional Impact (DRI) Review Notice of Proposed Change (NOPC) $ 1,500.00 New DRI or substantial deviation $ 5,000.00 Review of Annual Report $ 400.00 Height Exception Without concurrent site plan review $ 750.00 With concurrent site plan review $ 100.00 Historic Preservation Historic Designation - Individual $ 15.00 Historic Designation - District (per property up to a max. of $500) $ 10.00 Certificate of Appropriateness (COA) - staff only $ 35.00 Certificate of Appropriateness (COA) - Board review - Minor $ 50.00 Certificate of Appropriateness (COA) - New Const. / Major Mod. / In or out of District $ 150.00 Certificate of Appropriateness (COA) - Relocation into or out of a district $ 150.00 Certificate of Appropriateness (COA) - Primary structure $ 500.00 Certificate of Appropriateness (COA) - Accessory structure $ 250.00 Property Tax Exemption $ 100.00 Evaluation for Historic Significance/ Eligibility for Designation (per hr.after 1st hr.) $ 50.00 Appeal of staff or Board decision $ 100.00 Landscape Modifications - minor site plan modifications - less than $5,000 value $ 150.00 Landscape Modifications - minor site plan modifications - greater $5,000 value $ 300.00 Landscape Modifications - project escrow (reduced at rate of $50 per addtl site visit) $ 500.00 Legal review of documents (e.g. cross -access agreements; leased parking agreements) $ 500.00 Lot Line Modification $ 200.00 Master Plan Less than 10 acres $ 1,000.00 10 acres or more $ 1,500.00 Master Plan Modification - Major $ 750.00 Master Plan Modification - Minor - Single division/department review $ 150.00 Master Plan Modification - Minor - Multiple division/department review $ 500.00 Minor Site Plan Modification Arch./Elevation changes only (i.e. only requiring review by P&Z Division) $ 150.00 Multiple changes to a single structure and/or site and/or multiple dept review $ 500.00 Multiple modifications to multiple buildings and requires multi -department review $ 750.00 Repainting - no color change $ - Repainting - color changes - one staff review $ 25.00 Repainting - color changes - more than one staff review $ 75.00 Mobile Vending Unit Application review $ 250.00 Permit fee $ 50.00 S:\Planning\SHARE D\WP\FORMS\Fees\P&Z App Fees - 2013 revisions - final for display Page 66 of 896 Modification to Development Order New Site Plan or Major Site Plan Modification & Tech. Site Plan (total project sq. ft.) Up to 2,999 sq. ft. 3,000 - 14,999 sq. ft. 15,000 - 49,999 sq. ft. 50,000 - 149,999 sq. ft. 150,000 - 499,999 sq. ft. 500,000 + sq. ft. PID District Use Approval PID District Code Waivers First waiver (per code section) Each additional waiver Planning & Zoning Permit Reviews will be based on hourly wage plus 35% for fringe benefits, and will be tabulated at time of permit review and paid when permit is issued. Postponement Without re -advertisement and re -notification to property owners Without re -advertisement and re -notification to property owners With re -advertisement (in addition to legal ad/notification costs) Rezoning Conventional District Up to 10 acres 10 acres or more Planned Development District Up to 10 acres 10 acres or more When site plan is filed in lieu of Master plan for mixed-use district3 Sidewalk Cafe application review Site Plan Time Extension Site Plan Time Extension - pursuant to state statutes Telecommunications Unity of Title Co -locations Tower Siting / Tower Replacements New Lease / Lease Revisions New Unity of Title (see legal review fee) Release of Unity of Title (plus legal review fee $ 750.00 $ 750.00 $ 1,000.00 $ 1,500.00 $ 2,000.00 $ 2,500.00 $ 3,000.00 $ 750.00 $ 200.00 $ 100.00 Hourly rate $ 25.00 $ 50.00 $ 750.00 $ 1,000.00 $ 1,000.00 $ 2,000.00 $ 750.00 $ 40.00 $ 500.00 $ 300.00 $ 200.00 $ 750.00 $ 1,500.00 $ 150.00 Variance First variance (per code section) $ 500.00 Each additional variance $ 100.00 Waivers, Administrative $ 200.00 Zoning Permit 4 $ 50.00 Zoning Permit Inspection if required (per inspection) $ 35.00 Zoning Verification Letter $ 35.00 NOTES: Fees are not refundable after staff review has begun unless noted otherwise herein. Reviews will be discontinued if a check is returned; to re -apply an applicant must pay the application fee plus the fee for returned checks as established by the City. Applicants applying for activities requiring noticing in the local newspaper (PB Post) shall also remit the current advertising fee to cover said costs. Footnotes: 1 Fee covers two reviews. Additional reviews will be billed to the applicant based on the hourly salary of reviwers, plus 35% for fringe benefits. 2A $1500 deposit for an NOPC application, and $5,000 for a new DRI or Substantial Deviation, are required at time of filing period, Cost of advertising, and staff time will be billed to applicant based on hourly salaries plus 35% for fringe benefits. Costs for current legal ad/public notice will also be paid at time of filing. 3 When a site plan application is filed in lieu of a Master Plan for a mixed-use district, the corresponding site plan fee will apply. 4 Zoning permits are issued for improvements/elements not requiring a building permit such as fences for single family homes, banner signs, sign copy changes, eligible sheds and tiki huts, and pavers, patios and sidewalks (excluding sidewalks within rights-of-way). S:\Plan ni ng\S HARE D\W P\FORM S\Fees\P&Z App Fees - 2013 revisions - final for display Page 67 of 896 1" Consent Agenda 1/4/2022 Requested Action by Commission: Proposed Resolution No. R22-003 - Amend the FY 2021-2022 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Fund (302). Amend the FY 2021-2022 Budget from $3,842,327 to $4,124,327.00. Explanation of Request: On February 2, 2021, the City Commission approved R21-021, the Interlocal Agreement for the Purchase & Sale of the Historic Women's Club of Boynton Beach. The Agreement allows for the Boynton Beach Community Redevelopment Agency (CRA) to fund $250,000 each year for three years starting in FY 2022 for improvements and maintenance. On October 5, 2021, the City Commission approved Task Order UT -1E-05 with Gentile Glas Halloway O'Mahoney & Associates, Inc. in the amount of $148,762.10 to provide design, permitting, bid assistance, and construction administration services for a new Eco Park located in Quantum Park. This agenda item is to amend the FY2021/2022 Capital I mprovement Fund (302) budget to: • Account No. 302-4145-580.62-01 —Add $250,000 from the CRA, and • Account No. 302-4135-572.63-05 —Add $32,000 to the Eco Park budget to cover the design costs. This agenda item includes a Resolution to amend and appropriate funds received from the CRA for Fund 302: Capital Improvement Fund. How will this affect city programs or services? The City would continue to follow good and appropriate budgeting practices. Fiscal Impact: See Exhibit A for a summary of the fiscal impact. Increase budgeted expenditures by $282,000.00. Alternatives: None. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 68 of 896 Grant Amount: Attachments: Type D IRE)S()l� LA ti 0 II'l D AttacftrTIENI'lt Description IRE)SOkAboin appiroviing IF:::Y 2021 22 IBL.Jldget A sir d rTIEstrait AttachirTIENI'lt 1 IF::: iscal II rnpact S Ulirnirnairy Page 69 of 896 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION R22 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE FISCAL YEAR 2021-2022 BUDGET, WHICH WILL ADJUST BUDGETED APPROPRIATIONS AND REVENUE SOURCES AND PROVIDE SPENDING AUTHORITY FOR THE CAPITAL IMPROVEMENT FUND (302); AMENDING THE FISCAL YEAR 2021- 2022 BUDGET FROM $3,842,327 TO $4,124,327.00; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, on February 2, 2021, the City Commission approved the Interlocal Agreement for the Purchase & Sale of the Historic Women's Club of Boynton Beach, which Agreement allowed for the Boynton Beach Community Redevelopment Agency (CRA) to fund the City $250,000 in annual maintenance for three years starting in 2022; and WHEREAS, on October 5, 2021, the City Commission approved Task Order UT -1 E-05 with Gentile Glas Halloway O'Mahoney & Associates, Inc. in the amount of $148,762.10 to provide design, permitting, bid assistance, and construction administration services for a new Eco Park located in Quantum Park; and WHEREAS, this is to amend the FY2021/2022 Capital Improvement Fund (302) budget to: Account No. 302-4145-580.62-01 — Add $250,000 from the CRA, and Account No. 302- 4135-572.63-05 — Add $32,000 to the Eco Park budget to cover the design costs; and WHEREAS, this also proposes to approve an amendment and appropriate budget, related to funds received from the CRA for Fund 302: Capital Improvement Fund. WHEREAS, accordingly staff is requesting Commission approval to amend the FY 2021- 22 budget as noted specifically on Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 1 S:ACA\RESO\Budget\2021 - 2022 BudgetTY21-22 CIP Budget Aiuendiuent Resolution - (January 4, 2022).Docx Page 70 of 896 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 Section 2. Hereby amending the appropriated FY 2021-2022 budget as noted the 34 Capital Improvement Funds (see Exhibit A) pursuant to the terms of the budget for the fiscal 35 year beginning October 1, 2021 and ending September 30, 2022. 36 Section 3. This Resolution shall become effective immediately upon passage. 37 PASSED AND ADOPTED this 4th day of January, 2022. 38 CITY OF BOYNTON BEACH, FLORIDA 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 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga VOTE YES NO 2 S:ACA\RESO\Budget\2021 - 2022 BudgetTY21-22 CIP Budget Aiuendiuent Resolution - (January 4, 2022).Docx Page 71 of 896 CITY OF BOYNTON BEACH Exhibit A EXPENDITURE & REVENUE AMENDMENTS BUDGET YEAR 2021-22 2021/22 CITY MANAGER 2021/22 ADOPTED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET General Capital Improvement Fund 302-0000-369.22-00 OTHER MISC. REVENUE/ CRA REIMBURSEMENT 302-0000-389.91-00 FUND BALANCE APPROPRIATION Adopted Fund Total Revenues 302-4135-572.63-05 IMPVTS OTHER THAN BLDGS 302-4145-580.62-01 BUILDING/BUILDING IMPROVEMENETS Adopted Fund Total Expenses 600,000 250,000 850,000 291,577 32,000 323,577 3,842,327 282,000 4,124,327 110,000 32,000 142,000 - 250,000 250,000 3,842,327 282,000 4,124,327 Page 72 of 896 CITY OF BOYNTON BEACH Exhibit A EXPENDITURE & REVENUE AMENDMENTS BUDGET YEAR 2021-22 2021/22 CITY MANAGER 2021/22 ADOPTED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET General Capital Improvement Fund 302-0000-369.22-00 OTHER MISC. REVENUE/ CRA REIMBURSEMENT 302-0000-389.91-00 FUND BALANCE APPROPRIATION Adopted Fund Total Revenues 302-4135-572.63-05 IMPVTS OTHER THAN BLDGS 302-4145-580.62-01 BUILDING/BUILDING IMPROVEMENETS Adopted Fund Total Expenses 600,000 250,000 850,000 291,577 32,000 323,577 3,842,327 282,000 4,124,327 110,000 32,000 142,000 - 250,000 250,000 3,842,327 282,000 4,124,327 Page 73 of 896 6.E. Consent Agenda 1/4/2022 Requested Action by Commission: Proposed Resolution No. R22-004 -Approve and authorize the Mayor to sign a Special Warranty Deed with a restrictive covenant in connection with purchase and sale agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. 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. On November 16, 2021, the City Commission approved resolution R21-157 to enter into a purchase and sale agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. for the City owned parcel located at the northeast corner of NE 3rd Street and NE 9th Avenue. At that time, the City Commission also instructed staff to draft a restrictive covenant to be recorded with the special warranty deed restricting the property to be used in perpetuity only for civic or non-profit corporation purposes and no other purposes. 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 74 of 896 Is this a grant? Grant Amount: Attachments: Type D IRE)S()l� LA ti 0 II'l D AttachirTIENI'lt D Ag ir'EsE) rTIE) II'l t D Ag ir'EsE) rTIE) II'l t Description RE)SOkAboin appiroviing a S�PE�'Clia Warrainty IDES d for I UlthE)rain SE)ir-\AC',E)S S�PE)Clia Warrainty DE)Ed I UlthE)rain SEirvicE,S F'UlrchaSE�, aind Saab, Agir'EsE)irTIENI'lt I EsaSE�,AgrE�1ENrYIENI'lt Page 75 of 896 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 RESOLUTION NO. R22 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO SIGN A SPECIAL WARRANTY DEED AND ANY AND ALL OTHER TRANSACTION DOCUMENTS NECESSARY TO EFFECTUATE THE SALE OF SAID PROPERTY TO THE PURCHASER IN THE BOYNTON VILLAGE PARK CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 16, 2021, the City Commission approved resolution R21-157 to enter into a purchase and sale agreement between the City of Boynton Beach and Lutheran Services Florida, Inc. for the City owned parcel located at the northeast corner of NE 3rd Street and NE 9th Avenue; and WHEREAS, at the November meeting the City Commission instructed staff to draft a restrictive covenant to be recorded with the special warranty deed restricting the property to be used in perpetuity only for civic or non-profit corporation purposes and no other purposes WHEREAS, the Commission upon recommendation of staff, has deemed it to be in the best interests of the citizens and residents of the City to approve the Special Warranty Deed and authorize the Mayor, on behalf of the City of Boynton Beach, to sign, execute and deliver a Special Warranty Deed and any and all other transaction documents necessary to effectuate the sale of said Property to the Purchaser. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby S:ACA\RESO\Real EstateASpecial Warranty Deed Lutheran Services - Reso.docx Page 76 of 896 27 approve the Special Warranty Deed and authorize the Mayor, on behalf of the City of Boynton 28 Beach, to sign, execute and deliver a Special Warranty Deed and any and all other transaction 29 documents necessary to effectuate the sale of said Property to the Purchaser. A copy of the 30 Special Warranty Deed is attached hereto as Exhibit "A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this 4th day of January, 2022. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ATTEST: 48 49 50 Crystal Gibson, MMC 51 City Clerk 52 53 54 (Corporate Seal) 55 56 57 Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga S:ACA\RESO\Real EstateASpecial Warranty Deed Lutheran Services - Reso.docx VOTE YES NO Page 77 of 896 THIS INSTRUMENT PREPARED BY: Sean M. Swartz, Esq. GOREN, CHEROF, DOODY & EZROL, P.A. 3099 E. Commercial Blvd., Suite 200 Fort Lauderdale, Florida 33308 Folio No.: 08-43-45-21-18-000-1510 08-43-45-21-18-000-1540 ----------------------SPACE ABOVE THIS LINE RESERVED FOR RECORDING DATA --------------- SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, is made this day of , 2022 by the City of Boynton Beach, a Florida municipal corporation ("Grantor"), whose post office address is 100 E Ocean Ave, Boynton Beach, FL 33435, to Lutheran Services Florida, Inc., a Florida not-for- profit corporation ("Grantee"), whose post office address is 3627 West Waters Ave., Tampa, FL 33614. WITNESSETH: Grantor, in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration paid by Grantee, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained and sold, and by these presents does grant, bargain and sell, to Grantee, Grantee's successors and assigns, as appropriate, forever, the following land situated in Palm Beach County, Florida, to -wit: See Exhibit A attached hereto and made a part hereof. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining (collectively, along with said land, hereinafter referred to as "Property"). THIS CONVEYANCE is subject to taxes and assessments for the year 2022 and all years subsequent thereto, zoning ordinances, restrictions, prohibitions and other requirements imposed by governmental authorities, conditions, reservations, restrictions, limitations and easements and other matters of record, none of which are hereby reimposed, and the Restrictive Covenant set forth on Exhibit B, attached hereto and made a part hereof. TO HAVE AND TO HOLD, the same in fee simple subject to the Restrictive Covenant in Exhibit B forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby specially warrants the title to said Property and will defend the same against the lawful claims of all persons claiming by, through or under the said Grantor, but against none other. [Signature on Following Page] Page 78 of 896 IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the day and year first above written. Signed, sealed and delivered in the presence of: WITNESSES: (1) Print Name: (2) Print Name: ATTEST: Crystal Gibson, City Clerk STATE OF FLORIDA ) ss: COUNTY OF PALM BEACH ) GRANTOR: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Name: Steven B. Grant Title: Mayor The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of by Steven B. Grant, as Mayor of the City of Boynton Beach, Florida, on behalf of the City. He is personally known to me or has produced as identification. [NOTARIAL SEAL] NOTARY PUBLIC, STATE OF FLORIDA Print Notary Public's Name My Commission Expires: 2 Page 79 of 896 EXHIBIT A TO SPECIAL WARRANTY DEED LEGAL DESCRIPTION Parcel l: 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 N07053'34"E ALONG THE CENTERLINE OF SAID ALLEY FOR A DISTANCE OF 10.10 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 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 Page 80 of 896 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 S89054'02"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; M Page 81 of 896 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. Page 82 of 896 EXHIBIT B TO SPECIAL WARRANTY DEED Restrictive Covenant In consideration of the conveyance made in this Special Warranty Deed, to which this restrictive covenant (the "Restrictive Covenant") is attached, Grantor hereby establishes, declares and prescribes that the Property shall be owned, held, transferred and conveyed subject to this Restrictive Covenant, which shall apply to and be a covenant running with the land. By its acceptance of this Special Warranty Deed, Grantee, its successors and assignees, as owners of the Property or any part thereof, including any mortgagee and any purchaser at a judicial sale (by acceptance of a deed therefor, whether or not it shall be so expressed in such deed of conveyance) hereby covenants and agrees to comply as follows: The Property shall be used in perpetuity only for civic or non-profit corporation purposes and no other purposes. In the event the Property is not used for civic or non-profit corporation purposes, the Grantor shall have the right to enter the Property and terminate this estate hereby conveyed. "Civic or non-profit corporation purposes" shall be defined as educational activities designed to improve the public or social benefit of the local community, as opposed to those activities designed to generate a profit for the owners. 0 Page 83 of 896 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 9' 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: DEFINITIONS. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 Prope . The following real property: the vacant lots located at the northeast corner of NE 9' Avenue and NE 3rd 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. 100465209.1 306-90018211 Page 84 of 896 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 100465209.1 306-90018211 2 Page 85 of 896 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 100465209.1 306-90018211 3 Page 86 of 896 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 famished 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 100465209.1 306-90018211 M Page 87 of 896 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" m such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable 100465209.1 306-90018211 61 Page 88 of 896 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 100465209.1 306-90018211 0 Page 89 of 896 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 anew 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, 100465209.1 306-90018211 7 Page 90 of 896 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 PROBATIONS. 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: 100465209.1 306-90018211 M Page 91 of 896 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 100465209.1 306-90018211 9 Page 92 of 896 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. 100465209.1 306-90018211 10 Page 93 of 896 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, 9200 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 party 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, crossclaims or third -party claims) arising from, growing out of, or related to 100465209.1 306-90018211 Page 94 of 896 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. 100465209.1 306-90018211 [This Space is Intentionally Blank] 12 Page 95 of 896 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 By: 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: 100465209.1 306-90018211 13 Notary Public, State of Florida Printed Name of Notary Public Page 96 of 896 LUTHERAN SERV_ _ICES FLORIDA, INC., a Floridaprfit.srporation By: Z111 Print Name: Robert Bialas Title: EVP (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: 100465209.1 306-90018211 14 Notary Public, State of Florida Printed Name of Notary Public Page 97 of 896 EXHIBIT "A" LEGAL DESCRIPTIONS Parcel l: 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 N07053'34"E ALONG THE CENTERLINE OF SAID ALLEY FOR A DISTANCE OF 10.10 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 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 100465209.1 306-90018211 15 Page 98 of 896 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 S89054'02"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; 100465209.1 306-90018211 16 Page 99 of 896 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. 100465209.1 306-90018211 17 Page 100 of 896 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 100465209.1 306-90018211 Page 101 of 896 (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 100465209.1 306-90018211 19 Page 102 of 896 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. (j) 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: Print Name: APPROVED AS TO FORM: Office of the City Attorney 100465209.1 306-90018211 20 By: Steven Grant, Mayor ATTEST: By: Crystal Gibson, MMC, City Clerk Page 103 of 896 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: 100465209.1 306-90018211 21 Notary Public, State of Florida Printed Name of Notary Public Page 104 of 896 EXHIBIT "Al" Parcel l: 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 N07053'34"E ALONG THE CENTERLINE OF SAID ALLEY FOR A DISTANCE OF 10.10 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 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: 100465209.1 306-90018211 22 Page 105 of 896 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 S89054'02"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; 100465209.1 306-90018211 23 Page 106 of 896 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. 100465209.1 306-90018211 24 Page 107 of 896 EXHIBIT `Bl" 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 100465209.1306-90018211 25 Page 108 of 896 100465209.1306-90018211 IRA1Aa4 ^ ~ ® ? /\ 26 Page 109 of 896 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. 3rd 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 (R2012-0242) 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 100465493.1 306-90018211 Page 110 of 896 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 100465493.1 306-90018211 Page 111 of 896 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 100465493.1 306-90018211 Page 112 of 896 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. L 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 100465493.1 306-90018211 Page 113 of 896 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 term 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. Suns. 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. 100465493.1 306-90018211 Page 114 of 896 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 parry shall have any rights in or to any award made to the other by the condemning authority. 17. Notice. 100465493.1 306-90018211 Page 115 of 896 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 parry to any litigation commenced against Tenant or by Tenant against any third parry, 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 100465493.1 306-90018211 Page 116 of 896 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. 100465493.1 306-90018211 Page 117 of 896 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 in 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 100465493.1 306-90018211 Page 118 of 896 "ERWE�S FLORIDA, INC., a Floridan `-tr profit, c���ration By: Print Name: Robert Bialas Title: EVP (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 100465493.1 306-90018211 Page 119 of 896 EXHIBIT A LEASED PREMISES 100465493.1 306-90018211 Page 120 of 896 6. F. Consent Agenda 1/4/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 1/4/2022 Requested Action by Commission: Legal Expenses - November 2021 - Information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received through Risk Management are also included. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt Description (':.,)oir'E)1['1 ChE)rofNoveirnbE)r 2021linvoiC21S (':.,)oir'E)1['1 ChE)rof Risk I itigatioinNov(..sirnbE�Iir' 2021 I 111VOiCE)S JOIIIE)S 1:::::0StE)ir' Tbwn SqUiair'E) Illifligaflioin INa veirnlbE)r 2021 Page 121 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson LABOR - General ACCOUNT NO STATEMENT NO HOURS 11/04/2021 SHB Receive and review OSHA regulations re: vaccination, testing, and local government regulations. 0.60 11/22/2021 SHB Review and revise CBA grievance article. 0.60 11/30/2021 JAC Conference with managers bargaining team; review and notate collective bargaining agreement for upcoming captains collective-bargaining; review status of Lieutenant bargaining agreement with LL 1.50 FOR CURRENT SERVICES RENDERED 2.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.50 $225.00 $337.50 SHANA H. BRIDGEMAN 1.20 225.00 270.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2021 306-0603180 38695 607.50 $607.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 122 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Red Light Cameras ACCOUNT NO STATEMENT NO L�� Page: 1 12/02/2021 306-0806020 38696 11/02/2021 PE Sort organized and prepared notices for 12/14 and 12/28 hearings for SHB approval. 2.60 11/03/2021 PE Sort organized and prepared 18 notices for 12/18/2021 hearing for SHB approval 5.00 SHB Receive notice re: red light camera court appearances; discuss hearing matters with Hawkins. Review and approve NOls. 0.60 11/04/2021 PE Converted notices for 12/14/2021 hearing to PDF/A and e -filed. Sent prose notices to the printer for mailing. Updated SHB calendar. 3.50 SHB Review and approve NOls. 0.40 11/05/2021 PE Contacted James to confirm violator return address. Updated tracking log. 0.80 SHB Follow up re: returned mail items. 0.10 11/08/2021 SHB Review and approve NOls. Follow up re: returned mail items. Update tracking spreadsheet. Begin drafting Motion for Rehearing. 1.70 11/09/2021 SHB Research re: Motion for Rehearing. 0.30 11/10/2021 SHB Discuss subpoena and hearing matters with Richardson; draft, finalize, and file Motion for Rehearing. 1.50 11/11/2021 SHB Review subpoenas and upcoming trials. Follow up with PD re: Damico subpoenas and red light trial docket. 0.60 11/12/2021 SHB Follow up with PD re: upcoming Damico trials. Follow up re: Picciano availability for trial. Prepare correspondence to JA and Jacquet re: motion for rehearing and City's available dates for trial. 0.70 11/15/2021 PE Sort and organized notices for 12/14/2021 hearing. Updated tracking log, updated SHB calendar. 3.90 11/18/2021 PE Sort organized and prepared notices for 12/14/2021 hearing. Converted to PDF/A, sent prose notices to printer for mailing and e -filed. 3.00 11/19/2021 PE Sort and organized subpoenas for BB 12/28/2021 hearing. Updated SHB calendar. Updated tracking log. 4.00 11/23/2021 PE Prepared notices for 12/28/2021 hearing. For SHB approval. Converted to PDF/A and prepared envelopes. Trouble shot issues with e -filing portal. 4.00 Page 123 of 896 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Red Light Cameras SHB Review and approve NOls. 11/24/2021 PE Changed the date on 9 notices, converted to PDF/A, sent prose notices to printer for mailing and e -filed. SHB Review and approve NOls. 11/29/2021 PE Updated tracking log, updated SHB calendar. Sort organized and prepared notices for 12/18/2021 and 12/28/2021 hearing for SHB approval. SHB Receive and review correspondence from Longhini re: additional subpoenas for upcoming trials; follow up re: NOls. Review and approve NOls. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 6.90 $225.00 PATRICIA EUGENE 33.30 125.00 Photocopies TOTAL EXPENSES THRU 11/30/2021 TOTAL CURRENT WORK BALANCE DUE Page: 2 12/02/2021 306-0806020 38696 HOURS 0.20 3.00 0.20 3.50 0.60 40.20 5,715.00 TOTAL $1,552.50 4,162.50 7.70 7.70 5,722.70 $5,722.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 124 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9001821 Boynton Beach FL 33435 STATEMENT NO: 38697 Attn: Lynn Swanson General Matters L�� 11/01/2021 HN Discussion with Charles Stevens regarding IT NDA. Started drafting NDA. Email exchange with SHB regarding the question as to whether the Affordable Housing Advisory Committee is required to have a chair and a vice chair. Review of city code section 27-2(b) and Section 420.9076, Florida Statutes. Email to SHB with legal analysis. Review of FLorida Statues relating to "public meetings." Review of emails from SHB to City staff regarding AHAC and questions relating to chair/vice-chair requirement. Discussion with SHB. Review of email from Crystal Gibson. 4.20 QEM Review of status of greykey matter; follow-up with Captain Burdelski re: contact with Delray Beach. 0.40 GB Drafted general release for 2021 Holiday Parade. 0.70 SHB Discuss various PRR matters with fire, JAC, and Clerk. Receive and review various correspondence from Mignoli. Discuss AHAC meeting matters with various City staff. Review AHAC statute and related meeting procedures; review City code re: board meetings. Discuss mausoleum contract matters with City Clerk. Discuss NDA matters with HN. 4.00 JAC Review agenda and participate in executive team meeting regarding same; follow up with LS regarding commission meeting issues; review ordinance amending board chair and vice chair appointees and discuss with SB; review general records request from Mignoli and discuss with City Clerk; review pending issues with CityManager for conference with manager; update research regarding religious accommodation; follow up regarding status of board review of pride intersection protection; reviewParade application and release; follow up with staff and LS regarding coordination of Olen conference; Continue review of Lakeside harbor dock construction issue; review MOU Boynton Beach police Department and Riviera Beach police Department; review incoming Mignoli emails; review agenda for affordable housing advisory committee; review November calendar for assistant CityAttorney assignments; review city clerk email regarding board absences; review draft response to Palm Beach County concerning mobility dispute conference; review FLS a complaint and answer concerning law-enforcement officer overtime; follow up research regarding same; research Surveillance and security camera exceptions to public records request 5.00 11/02/2021 GB Telephone conference call with Advanced Roofing regarding demand letter. Telephone conference call with City regarding conversation with Advanced Roofing. Email to Advanced Roofing memorializing conversation. 0.50 QEM Review and evaluation of Gridics Master Service Agreement. 1.20 Page 125 of 896 Page: 2 CITY OF BOYNTON BEACH 12/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 38697 General Matters SMS Call with staff on Wells Landing and procurement issues with Arpa; Research and review on ARPA Guidelines and Procurement for Grants; Review of Police Antennae questions and related Resolutions and Agreements. SHB Review recently filed legislation and update spreadsheet; begin drafting memo to client. Attend Commission meeting. 11/03/2021 QEM Finalize review and edits to Gridics Agreement; preparation of email to Ms. Swanson re: matter. QEM Finalize review owner/builder permit issue; preparation of email to Ms. Swanson re: matter. GB Emails with Advanced Roofing insurance company regarding general release. Emails with City regarding general release from Advanced Roofing. Edits to General Release. SHB Receive and review various emails; evaluate for PRR requests. Discuss various PRR matters with JAC and Gibson. Review recently -filed legislation and update spreadsheet; prepare and send update memo to client. SMS Correspondences and Review of Agreement based on request from Staff related to Water Distribution System; Review First Amendment to Grant Agreement with FAU-Tech JAC City commission meeting follow up with LS and assistant City Attorney; attend zoom meeting regarding Lakeside harbor dock dispute; follow up on building surveillance and public records issue arising from Mignoli correspondence with City Clerk; Review quantum Park roadway abandonment status; Review library MOU; Review felony animal cruelty issue; Review and discuss letter to county concerning mobility conference. 11/04/2021 QEM Review and edit Koha MOA for 2021-2023; review of prior agreement; preparation of transmittal to Ms. Swanson re: matter. SMS Review Tower Agreement related to questions posed by PD; Review of HB 403 for questions posed related to Code Amendments by Planning and Development. SHB Review threat management update agreement and follow up with PD. Follow up re: affordable housing committee matters. JAC Review request for proposals; Follow up on pending staff requests related to development issues 11/05/2021 MDC confer with Jim Cherof on Ocean Ridge Permit matter, t/c with counsel for Sunny South Mobile Home Park regarding water utility bills HN Edits to Non disclosure agreement with Fortinet. Discussion with Charles Stevens. Email update to SHB cc JAC and Lynn Swanson. BJS Meeting with JAC re: pending matters and assignments SMS Review of multiple tower Agreements related to new request based on damage to the Towers and ATT responsibility. JAC Review employment agreements; review Sara Sims Park plat and property records information regarding ownership issue; review PAPA records; Review clerks response to request for production; review CityManager correspondence to county administrator concerning mobility plan and request for Conference; follow up on status of Palm Beach Gardens mobility case; update research regarding rational nexus; review Mignoli emails; conference with Brian Sherman regarding pending cases;Follow up regarding pride intersection; follow up research concerning ban the box; 2.40 3.40 0.70 0.80 0.80 1.50 1.30 4.50 1.80 1.40 0.70 0.90 0.50 1.20 0.20 1.50 3.30 Page 126 of 896 Page: 3 CITY OF BOYNTON BEACH 12/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 38697 General Matters �� 11/07/2021 JAC Review pending assistant City Attorney assignments and workload; follow up regarding election issue and supervisor of elections; continue review of correspondence from Mignoli; Prep for conference with manager on pending items 2.00 11/08/2021 QEM Review and respond to questions and edits to Connect to Greatness Facility 11/10/2021 DS Use Agreement. 0.80 HN Review of Mike Rumpf's question relating to time limit on days after an election signage may stay up. Research as to what is legally required. 0.30 SHB Review DAVID MOU. Search emails and files for memo or correspondence 2.80 JAC regarding no mask requirement; follow up with City. 0.80 JAC On-site review of pending City Manager and staff assignments; conference with LS regarding file system and records retention issues; review agenda items; prepare language for disposition of real property ordinance; reviewState and county issues concerning face mask Usage and lifting of 4.80 SHB restrictions; Review lease and re -purchase agreement 909 N. E. 3rd St. and Lutheran services; Follow up regarding JKM public records request; review 3.10 SMS new Mignoli correspondence; 5.00 SMS Review and comments on Grant Agreement amendment; Review Commercial Lease Agreement and PSA with Headstart for City Commission Agenda item; Correspondences on Home Based Businesses 3.00 regulation. 1.30 11/09/2021 GB Telephone conference call with City regarding general release from Advanced Roofing. 0.30 QEM Review and respond to email correspondence from Mr. Young. 0.50 JAC On-site conference with City Manager regarding pending high priority matters; review and approve agenda items;Review statutory requirements regarding disclosure and calculation of building permit fees; miscellaneous legal research regarding establishment of fees and outside contract inspectors; 4.50 SMS Discussion on City Agenda approval and related documents. 0.30 SHB Review and approve MOU; follow up with PD. Discuss antique vehicle matters with Stone. Research re: solicitation matters; discuss with JGH. Review various correspondence re: proposed and pending legislation and possible special session. 2.60 11/10/2021 DS Reviewed dissertation study proposal. Researched public records law. 1.20 HN Research as to whether a city can enforce a time limit on political signage. Review of U.S. Supreme Court cases. Email exchange with JAC. Email to Mike Rumpf cc JAC. 2.80 JAC Continue review and approval of pending commission meeting agenda items; call with LL regarding Collective bargaining, mobility, and fire district legislation; review and reply to HN regarding time limits on political signs in sign code revision;Follow up in preparation for conference with Ocean Ridge concern in bulk user agreement and infrastructure ownership 4.80 SHB Review agenda, AHAC ordinance, and AHAC statute. Attend AHAC meeting at City Hall. 3.10 SMS Review of House Bill 403 and review of Staff's Land Development Code revisions based on new law and correspondences; correspondences and review related to Original Agreement resolution for Grant Agreement with Tech -Runway for amendment approval. 3.00 11/11/2021 DS Researched ch. 119. 1.10 Page 127 of 896 Page: 4 CITY OF BOYNTON BEACH 12/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 38697 General Matters QEM Review and edit Facility Use Agreement and the Acknowledgement Form requested by staff; transmit documents to staff for review. 1.60 SHB Additional research re: solicitation ordinance matters. Receive and review additional employee affidavit. Review chronic nuisance file re: fee assessment matters. Review recently filed legislation. 2.10 JAC Document research, legal research regarding ocean ridge water distribution system; telephone conference with manager and team concerning options for clarification of ownership and continuing large user agreement; follow up conf for with Ocean Ridge Attorney; preliminary review of Coquina Cove utility issue; 4.30 11/12/2021 QEM Review and evaluation of Sales Agreement Vice Golf provided by staff. 0.50 SMS Address additional questions related to Home Based Business Regulations and related research on possible affidavits. 1.60 SHB Discuss motion to return property matters with BJS. 0.10 JAC Conference call with Ocean Ridge Attorney and the manager regarding water distribution system ownership and fee issues; follow up review with Andrew Mack regarding base document; review final agenda items, final agenda and preparation for commission meeting; discuss pending issues with assistant city attorney and review memorandum related to agenda issues; Review pending tort defense and foreclosure case pleadings and status; review Mignoli emails 5.40 11/15/2021 SHB Receive and review various emails from resident; follow up with Adam and Candice re: report of possible violation. 0.50 DS Reviewed Ch. 119 case law re: survey responses. Discussed doctoral survey proposal with J.A.C. 1.20 JAC Virtually attend senior staff meeting regarding commission agenda; review JCI contracts; Review mangrove Park insurance issue; reply to John Herin email regarding zoning verification letter; Review 'Dunmyer email regarding golf bridge; review Mignoli emails;Review art fee issue; 4.00 11/16/2021 JAC Prepare for and attend city commission meeting; call with Mayor regarding Lutheran services agenda item; discuss same with SS; Follow up with manager regarding towing contract expiration; review insurance issues related to towing; conference call and follow up research regarding 829 Shore Dr. easement. 8.00 SMS Review of Performance Bond language for Country Trail. 0.30 SHB Attend commission meeting. 3.00 11/17/2021 SMS Review of Plat dedications for necessary easements for Country Trail; Call with staff related to Grant Agreement requirements under ARPA Guidelines. 1.60 JAC On-site office administration issues; review post commission meeting matters; review pending departmental request for review 2.00 11/18/2021 QEM Review and evaluation of ParkMobile Services fee issue; correspond with staff re: matter; review of additional documents provided by Ms. Swanson for original agreement. 2.60 JFK research re: wastewater & stormwater reporting requirements 0.30 SMS Correspondences related to Country Trail PUD; Review related to ILA with CRA for FIU; Review P & D Board Packet. 1.00 SHB Receive and review newly -signed legislation re: vaccines and mask mandates. Begin drafting memo to client. 0.50 Page 128 of 896 Page: 5 CITY OF BOYNTON BEACH 12/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 38697 General Matters JAC Continue review of staff comments regarding rewrite of sign code; follow up on draft ordinance concerning disposition of city owned property; continue review of Magnoli emails; review public records request; review Park mobile services issue; review issue concerning assignment of auditor contract; discussing with Finance Director; review state legislation regarding COVID-19 and evaluate impact on city activities; review unity of control document/habitat for Humanity and 127 and 129 Northeast 12th; review request for quote Special magistrate services 11/19/2021 HN Review of email from Mike Rumpf re: sign ordinance. Review of most recent revisions. Edits and comments on draft. Email to JAC. SHB Revise, finalize, and issue memorandum re: new covid legislation. JAC Weekly review of pending issues with LS and assistant City Attorney; Follow up regarding extension/assignment of auditors contract; review Mignoli correspondence; review correspondence regarding MLK mixed use project; review WXEL land -use issue and reply to Amanda Radigan; follow up regarding golf bridge and FPL issue; Review CAO legislative update report for transmission to Commission and manager. 11/22/2021 HN Email to Mike Rumpf relating to sign ordinance. MDC review emails on Oceanfront Park issues, confer with Jim Cherof, and respond to Kathryn Matos GB Telephone conference calls with City regarding LV Superior's contact and insurance. Telephone conference call with City regarding current insurance requirements. Drafted hold harmless and indemnity agreement between City and LV Superior to make up for insurance gap. Email to City regarding agreement. QEM Review of GreyKey documents forwarded by Ms. Swanson; correspond with Ms. Swanson re: matter. QEM Review of existing Towing Agreement; preparation of Amendment to extend term and modify conditions. JAC Review emails from LS; review national opioid settlement documents; review issues regarding signage at oceanfront Park; and follow up regarding Lutheran services deed format;Review total contract addendum; review status of quantum Lot 71; review legislative action concerning COVID-19 and municipal impact SMS Draft Special Warranty Deed for Lutheran Services and review of City Commission meeting for specifications; Correspondences to Lutheran SHB Discuss lien release matters with Swanson. 11/23/2021 MDC continued review of issues with Ocean Ridge/City park, conference with Kathryn Matos QEM Respond to Ms. Swanson re: GreyKey agreement. HN Email exchange with Mike Rumpf re: sign ordinance. Email exchange with Charles Stevens regarding NDA with Fortinet. Review and edits of NDA. Email to SHB with redlined NDA agreement. SMS Review and research related to City policies on conduct of meetings; Draft ILA with CRA for FIU Services; Correspondences related to ARPA Grant Agreement; Prepare for and attend P & D Board Meeting. GB Email to Advanced Roofing regarding settlement check. Email to City regarding update from Advanced Roofing. �� .e 1.60 0.70 5.40 0.10 0.30 1.70 1.00 2.40 3.30 1.50 0.10 0.30 0.30 1.70 6.50 0.20 Page 129 of 896 Page: 6 CITY OF BOYNTON BEACH 12/02/2021 ACCOUNT NO: 306-9001821 STATEMENT NO: 38697 General Matters HOURS JAC Research and review with Mike Rumpf concerning right for public comments at planning and development board meetings; review and sign employment letters; review issues concerning early elections; review draft of ARPA sub recipient agreement; review city election issues; conference call concerning ocean front park signage and related ocean ridge issues; Review request for publication; review Pace shield technology golf cart lease; review indoor training facility request for publication; follow up Regarding total contract; review pending state legislation and municipal impact. 5.30 11/29/2021 HN Email to Shana Bridgeman re: Fortinet NDA. Compared most recent version of sign ordinance with versions I had. Review of LDR to confirm 0.70 QEM language in ordinance. Discussion with Lynn Swanson re: differences. 0.60 GB Review of Section 119.0701, Florida Statutes. Edits to NDA with Fortinet. Email exchange with SHB. 2.40 QEM Review and evaluation of Freegal Renewal - Boynton Beach documents 0.40 QEM provided by Ms. Swanson; preparation of 2nd Amendment to Agreement and transmit document to Ms. Swanson. 1.70 SMS Correspondences, review, and revisions related to HB 403 Home Based Businesses. 0.70 JAC Onsite review of agenda items; office administration issues - assignments and document retention with Lynn Swanson. 6.00 SHB Review NDA and discuss with HN. Follow up re; pending foreclosure cases; review memo. 0.80 11/30/2021 HN Review of sign ordinance and discussions with Lynn Swanson. Review of email from JAC. 0.70 QEM Review and follow-up with Ms. Swanson re: towing agreement documents. 0.60 GB Telephone conference call with Advanced Roofing regarding status of settlement check. Emails with Advanced Roofing confirming phone conference. 0.40 QEM Review and evaluation of Leads on Line Agency User Agreement; follow-up with Ms. Swanson re: matter. 1.70 SHB Meeting with HN re: foreclosure matters; revise procedures. Discuss Forticlient NDA with HN. 0.60 JAC On-site office and administration issues and review of pending staff request for legal review; finalize agenda; review centennial project status and attend city commission regarding use of federal funds for affordable housing project; research and review with city clerk regarding candidates bounced check; follow up regarding division of elections interpretation; review conflicting versions of sign code amendments; Follow up with Finance concerning assignment of auditors contract 6.00 FOR CURRENT SERVICES RENDERED 176.50 20,224.50 TOTAL CURRENT WORK 20,224.50 BALANCE DUE $20,224.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 130 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Litigation Miscellaneous ACCOUNT NO STATEMENT NO L�� 11/01/2021 GB Telephone conference call with City regarding Teresa Caglioti sidewalk fall. 0.20 SHB State v. Powell - receive and review various correspondence on Motion to Return Property and hearing on motion. 0.10 11/02/2021 GB Received and reviewed documents and demand from Teresa Caglioti and settlement request. Email to City regarding demand. Telephone conference call with City regarding claim and strategy moving forward. 0.60 JAC Review status and discuss same with assistant City Attorney on tort defense, foreclosures, and for future matters 0.80 11/03/2021 GB Telephone conference call and emails with City regarding Teresa Cagioloti claim. 0.50 11/04/2021 SHB Telephone conference with Cafaro re: hearing on Motion to Return Property. Review docket and pleadings filed to date; assemble pleadings for hearing. 0.60 11/05/2021 JAC Review pending litigation cases and discuss with assistant CityAttorneys; review pleadings and status of case report 1.50 11/08/2021 BJS Review correspdeonce and telephone call with Tom D'Andrea re: Return of Property, review of documents and court docket 0.40 11/10/2021 BJS Review Petition to Seal Records, legal research, and begin draft correspondence 0.60 BJS Review correspondence and Petition to Seal Criminal History, review FDLE procedures, review statutes, and begin draft correspondence re: Response 0.80 11/12/2021 BJS Telephone call with Tom D' Andrea re: Powell and follow up with SHB 0.40 GB Email to City regarding Advanced Roofing. 0.10 11/15/2021 GB Telephone conference calls and emails with State Attorney Office regarding subpoena for trial in case number 2020CT012046ASB. Emails and phone calls to City regarding subpoena. Telephone conference call with City regarding general release by Advanced Roofing and emailed general release to City. 1.50 11/16/2021 BJS Review subpoenas, telephone call with Paul Adams, and draft follow up correspondence re: Depositions, reveiw and revise draft correspondence re: Petition to Seal Records 1.20 BJS Draft, review and revise Motion for Protective Order re: Robert v. Sausalito Page: 1 12/02/2021 306-9904950 38698 Page 131 of 896 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Litigation Miscellaneous Place Homeowners Association, Inc. and A&N Management, Inc. (PMA) GB Emails with Advanced Roofing regarding release. Telephone conference call with City regarding advanced roofing. Telephone conference call with City regarding LV Superior waiver. Emails with Advanced Roofing regarding settlement and general release. Received and reviewed agreement and bids for LV Superior in preparation for drafting the waiver. 11/17/2021 BJS Review and revise Motion to Protective Order and follow up 11/18/2021 BJS Review correspondence and follow up re: Petition for Sealing of Records, follow up re: Hall v. Saualito HOA re: Coordination of Depositions 11/24/2021 BJS Follow up with JGH and draft response correspondence re: Depositions of Clty Employees re: HALL, ROBERT v. SAUSALITO PLACE HOA 11/30/2021 BJS Draft follow up correspondence re: Request for Depositions, review request for return of firearm and follow up legal research re: "Breach of Peace," review police reports FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 2.30 $225.00 GAL BETESH 4.70 225.00 SHANA H. BRIDGEMAN 0.70 225.00 BRIAN J. SHERMAN 7.40 225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 1.30 Page: 2 12/02/2021 306-9904950 38698 1.80 0.60 0.80 0.40 0.90 15.10 3,397.50 TOTAL $517.50 1,057.50 157.50 1,665.00 3,397.50 $3,397.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 132 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Bank of America (Fowler, Rita R., et., al.) ACCOUNT NO STATEMENT NO 11/30/2021 SHB Review file re: status of case and outstanding liens; prepare and send memo to City re: status of litigation. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905351 38700 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 133 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Bank of America, NA (Brown, Howard I. et al) 11/30/2021 SHB Review file re: status of case and outstanding liens; prepare and send memo to City re: status of litigation. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905352 38701 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 134 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. HSBC Bank USA, N.A. (Estime, Ludny, et., al.) ACCOUNT NO STATEMENT NO 11/30/2021 SHB Review file re: status of case and release of liens; Telephone conference with code staff re: status of liens. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905359 38702 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 135 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Matias, Iris V. (Midfirst Bank) ACCOUNT NO STATEMENT NO 11/30/2021 SHB Review file re: status of case and outstanding liens; prepare and send memo to City re: status of litigation. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905376 38703 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 136 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv Mata Chorwadi Inc - Homing Inn Circuit Ct App Shah, Kirit and Dipka 11/30/2021 GB Emails with MDC, JAC and City regarding court ordered mediation. Emails with City regarding mediation. FOR CURRENT SERVICES RENDERED TINACI.ICCDCD UAL CSC I CJt'I TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905407 38704 HOURS 0.20 0.20 45.00 TOTAL $45.00 45.00 $45.00 Page 137 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) HOURS 11/01/2021 HN Edits to Motion for relief from automatic stay. Discussion with Greg Cafaro and discussion with Adam Temple. 0.70 11/02/2021 HN Edits to motion for relief from stay. Review of 11 USC 362. Email to Kerry Ezrol with draft motion with exhibits. 0.80 11/03/2021 KLE Review and revise motion form relief from stay, conference with Heather Needelman. 0.80 11/04/2021 HN Review of exhibits to motion for relief from stay. Discussion and email exchanges with Tanya Guim. Meeting with Kerry Ezrol to discuss legal strategy in bankrutpcy case. 1.20 KLE Review PACER bankruptcy schedules, conference with Heather Needelman, review and revise motion, prepare objection to plan and proof of claim. 2.60 11/05/2021 HN Legal research and review of case law related to adequate protection under 11 USC 361. Edits to Motion for relief from stay. Email to Kerry Ezrol. 2.70 KLE Review and revise Motion for relief, conference with Heather Needelman re: motion to dismiss. 0.70 11/08/2021 HN Added motion to dismiss language in addition to motion for relief from. Review of Bankruptcy code and email to Kerry Ezrol with draft motion. Review of case law on westlaw relating to dismissals in ch. 13 cases relating to unreasonable delays. 1.50 KLE Review and revise Motion for relief from stay. 0.40 11/09/2021 HN Further review of ch. 13 petition cases and factors for dismissal. Edits to motion to dismiss and for relief from stay. 1.00 11/10/2021 HN Email to Kerry Ezrol with revised draft motion to dismiss and lift automatic stay. 0.10 KLE Review and revise Motion for Relief from Stay, conference with Heather Needelman. 0.30 Page: 1 12/02/2021 306-9905432 38705 11/15/2021 KLE Review, revise and final Proof of Claim; research, review, revise and final objection to confirmation. 1.80 11/16/2021 KLE Review documents, prepare for creditor's meeting. 0.40 11/17/2021 KLE Attend Creditor's meeting. 0.50 Page 138 of 896 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Laurore, Iva and Renan (Code/Foreclosure) 11/29/2021 KLE Review Debtor's Motion to Value and Determine Secured Status of Lien on Real Property. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE KERRY L. EZROL 8.30 $225.00 HEATHER NEEDELMAN 8.00 225.00 11/17/2021 U.S. Bankruptcy Court - Filing Fee Filing fee TOTAL ADVANCES THRU 11/30/2021 TOTAL CURRENT WORK BALANCE DUE �� 0.80 16.30 TOTAL $1,867.50 1,800.00 Page: 2 12/02/2021 306-9905432 38705 3,667.50 188.00 188.00 3,855.50 $3,855.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 139 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) ACCOUNT NO STATEMENT NO 11/01/2021 HN Review of the court's order implementing civil case management plan and designation of this case to the general track. 11/02/2021 HN Drafted notice of unavailability and email to MDC. 11/29/2021 HN Review of Karen and Wing Ho's objection to the City's Motion for Summary Judgment. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE HEATHER NEEDELMAN 1.00 $225.00 10/28/2021 Federal Express - Invoice 7-552-52992 Fed Ex TOTAL ADVANCES THRU 11/30/2021 TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 0.40 TOTAL $225.00 Page: 1 12/02/2021 306-9905433 38706 20.72 245.72 $245.72 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 140 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO adv. Priority Towing 11/29/2021 GB Received and reviewed Order Implementing Civil Differentiated Case Management Plan and Designation of This Case to the General Track. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905456 38707 HOURS 0.20 0.20 45.00 TOTAL $45.00 45.00 $45.00 Page 141 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. US Bank National (Norfus, Ricky 2020) ACCOUNT NO STATEMENT NO 11/30/2021 SHB Review file re: status of case and outstanding liens; prepare and send memo to City re: status of litigation. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905466 38708 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 142 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Landfill Closure 11/22/2021 JAC Review correspondence from Tim Perry concerning notice to adjacent property owners; miscellaneous follow up regarding status FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.40 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905475 38709 HOURS 0.40 0.40 90.00 TOTAL $90.00 90.00 $90.00 Page 143 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Bamboo/Palmer Special Assessment L�� 11/15/2021 DS Reviewed correspondence re: reimbursement of developer costs. 0.10 11/16/2021 DS Discussed status of palmer/bamboo properties with Keller. Reviewed developer agreements for 820 Bamboo and 815 Palmer. Reviewed code re: water service agreements. 0.50 11/17/2021 DS Drafted email to Department re: water service agreement updates. 0.10 11/18/2021 DS Discussed status of Bamboo/Palmer payment of fees and draft ordinance with JAC. 0.30 11/22/2021 DS Left voicemail for Department following up re: draft ordinance and reimbursement letter. Drafted reimbursement letter. 0.50 11/24/2021 DS Drafted notice of reimbursement letter. Revised ordinance re: connection, agreement required and termination of services. Researched florida jurisdictions code of ordinances re: conditions for utility service. 1.70 11/29/2021 DS Discussed draft reimbursement letter and ordinance with Department. Revised draft ordinance. Drafted email re: status, draft letter, and draft ordinance. 1.60 FOR CURRENT SERVICES RENDERED 4.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DANIELLE SCHWABE 4.80 $225.00 $1,080.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2021 306-9905495 38710 1,080.00 $1,080.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 144 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Lionesz Investments, LLC. (Tarpon IV, LLC) ACCOUNT NO STATEMENT NO 11/30/2021 SHB Review file re: status of case and outstanding liens; prepare memo to City re: status of litigation. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905503 38711 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 145 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. MJBS Holdings, LLC (Tarpon IV, LLC) ACCOUNT NO STATEMENT NO 11/30/2021 SHB Review file re: status of case and outstanding liens; prepare memo to City re: status of litigation. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905505 38712 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 146 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Adv. MJBS Holdings, LLC (KC Enterprise/Tarpon IV, LLC) 11/30/2021 SHB Review file re: status of case and outstanding liens; prepare memo to City re: status of litigation. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905507 38713 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 147 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. MJBS Holdings, LLC 2 (KC Enterprise/Tarpon IV, LLC) ACCOUNT NO STATEMENT NO 11/30/2021 SHB Review file re: status of case and outstanding liens; prepare memo to City re: status of litigation. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905508 38714 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 148 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Sterling Village Condominium (Duperault, Don) 11/17/2021 SHB Telephone conference with Guy Shir re: motion to release surplus funds and settlement offer. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.10 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905512 38715 HOURS 0.10 0.10 22.50 TOTAL $22.50 22.50 $22.50 Page 149 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Wilmington Savings Fund (Escarment, LoNerlie) 11/30/2021 SHB Review file re: status of case and outstanding liens; prepare and send memo to City re: status of litigation. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905514 38716 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 150 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905525 Boynton Beach FL 33435 STATEMENT NO: 38717 Attn: Lynn Swanson v. JKM BTS Capital, LLC (Declaratory Action) 11/04/2021 GB Emails with JAC regarding Permit Review update. Emails to Tom Baird and Joanne O'Connor regarding Permit Review update. 0.20 11/05/2021 GB Telephone conference call with JAC regarding email from opposing counsel regarding public records request and objections to discovery. Telephone conference call with Joanne O'Connor regarding opposing counsel regarding public records request and objections to discovery. 0.60 11/08/2021 GB Legal research regarding public records request during litigation. Email and phone conference with City regarding JKM's public records request. Telephone conference call with David Bower regarding case update. Call with Andrew Mack regarding public records request. Email to Joanne O'Connor regarding JKM's 2nd Request for Production. Telephone conference call with Clerk and Andrew Mack regarding documents produced to JKM in response to public records request. Received and reviewed documents produced by City in response to public records request. 2.60 11/09/2021 GB Emails with Joanne O'Connor regarding public records request and City's responses to second request for production. 0.10 11/12/2021 GB Emails with JAC regarding depositions and case status. Emails with Joanne regarding depositions. 0.30 JAC Follow up regarding records request and public records request; issues arising from pre -application conference, and issues for discussion with members of the commission 0.80 11/16/2021 GB Emails with Joanne O'Connor regarding JKM's deposition. 0.20 11/17/2021 JAC Prep for, attend, and follow up regarding status of litigation and options for settlement 2.50 GB Prepared and attended meeting with JAC, Tom Baird, Joanne OConnor and City regarding strategy. 2.00 Page 151 of 896 HOURS 11/01/2021 JAC Follow up with AR regarding pre -application conference and outcomes; follow up with Tom Baird; follow up with CityManager; 0.80 11/02/2021 GB Received and reviewed email from Adam Temple regarding response from JKM to building permit review. 0.20 JAC Follow up on permitting issue with Adam temple; review status of pending submittal issues and required amendments to development agreement 0.80 11/04/2021 GB Emails with JAC regarding Permit Review update. Emails to Tom Baird and Joanne O'Connor regarding Permit Review update. 0.20 11/05/2021 GB Telephone conference call with JAC regarding email from opposing counsel regarding public records request and objections to discovery. Telephone conference call with Joanne O'Connor regarding opposing counsel regarding public records request and objections to discovery. 0.60 11/08/2021 GB Legal research regarding public records request during litigation. Email and phone conference with City regarding JKM's public records request. Telephone conference call with David Bower regarding case update. Call with Andrew Mack regarding public records request. Email to Joanne O'Connor regarding JKM's 2nd Request for Production. Telephone conference call with Clerk and Andrew Mack regarding documents produced to JKM in response to public records request. Received and reviewed documents produced by City in response to public records request. 2.60 11/09/2021 GB Emails with Joanne O'Connor regarding public records request and City's responses to second request for production. 0.10 11/12/2021 GB Emails with JAC regarding depositions and case status. Emails with Joanne regarding depositions. 0.30 JAC Follow up regarding records request and public records request; issues arising from pre -application conference, and issues for discussion with members of the commission 0.80 11/16/2021 GB Emails with Joanne O'Connor regarding JKM's deposition. 0.20 11/17/2021 JAC Prep for, attend, and follow up regarding status of litigation and options for settlement 2.50 GB Prepared and attended meeting with JAC, Tom Baird, Joanne OConnor and City regarding strategy. 2.00 Page 151 of 896 Page: 2 CITY OF BOYNTON BEACH 12/02/2021 ACCOUNT NO: 306-9905525 STATEMENT NO: 38717 v. JKM BTS Capital, LLC (Declaratory Action) �� 11/18/2021 JAC Follow up on litigation team conference; call to Mayor regarding timing of JKM review 0.90 11/19/2021 GB Received and reviewed order from judge recusing himself. Emails with MDC and JAC regarding order and strategy. Telephone conference call with JAC regarding case strategy. Received and reviewed email with opposing counsel regarding public records request. Received and reviewed request from production from JKM and email to City regarding request. Drafted summary for Andrew Mack's deposition. 2.40 JAC Follow up regarding call with Mayor and status of litigation report to the city commission 0.40 11/22/2021 JAC Review records request and public records request and discuss with GB 0.30 11/23/2021 GB Emails with City regarding public records request and request for production. Emails to Joanne O'Connor regarding discovery and public records request. Telephone conference call with JAC regarding public records request . 0.50 11/29/2021 GB Legal research and email to Joanne O'Connor regarding invoice from Dave Bower. 0.50 FOR CURRENT SERVICES RENDERED 16.10 3,622.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 6.50 $225.00 $1,462.50 GAL BETESH 9.60 225.00 2,160.00 TOTAL CURRENT WORK 3,622.50 BALANCE DUE $3,622.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 152 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Sara Sims Park Plat - examination of title to approve Plat HOURS 11/05/2021 MDC confer with Jim Cherof on status of plat and possible amendment 0.20 11/09/2021 SMS Review of plat for recording; review of taxes and taxes owed; Research on escheating of property to City 2.20 11/12/2021 SMS Discussion and review related to escheating and property value not being taxed by County. 0.80 11/29/2021 SMS Call with Property Appraiser related to taxation and plat and research on quiet title and code enforcement actions. 0.80 FOR CURRENT SERVICES RENDERED 4.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.20 $225.00 $45.00 SEAN M. SWARTZ 3.80 225.00 855.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2021 306-9905528 38718 $900.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 153 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Boynton Leisureville Community (Schmidt, Arthur) 11/30/2021 SHB Review file re: status of case and outstanding liens; prepare and send memo to City re: status of litigation. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905534 38719 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 154 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Sharon R. Bock (City of Pahokee) ACCOUNT NO STATEMENT NO 11/30/2021 SHB Review file re: status of case and outstanding liens; prepare memo to City re: status of litigation. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905539 38720 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 155 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson ACCOUNT NO STATEMENT NO PBA Captains Unit Formation 2021 HOURS 11/01/2021 JAC Call with City Manager regarding PERC communications and follow up review of notice of sufficiency; outline next steps for discussion with staff and assistant City Attorney 1.20 SHB Review transcript re: statements related to lieutenant and Captain duties. 1.50 11/02/2021 SHB Complete review of transcript; discuss with JAC. Assemble excerpts of transcript. 0.80 11/04/2021 JAC Discuss collective-bargaining issues with CityManager; prepare a notice of negotiations in anticipation of bargaining; 0.60 11/05/2021 SHB Meeting with JAC and GB re: PERC matters. 0.20 GB Meeting with JAC and SHB regarding ULP filing. Began legal research regarding possible defenses to filer's case. 3.00 JAC Telephone conference with L regarding status of captains bargaining information and related issues; follow up regarding response and options 1.30 11/08/2021 SHB Receive and review notice of assigned hearing officer; discuss case matters with JAC and GB. 0.20 JAC Discuss bargaining issues with CityManager; discuss hearing officers scheduling order with litigation team; miscellaneous legal research regarding issues 1.30 11/09/2021 GB Legal research regarding ULP. Meeting with JAC and SHB regarding update and strategy. 3.30 JAC Conference call and assignment of duties with litigation team and LS 0.80 SHB Review docket, all pleadings filed to date, and procedural rules. Meeting with JAC and GB re: case matters. Prepare and file request for supporting documents. 2.50 11/10/2021 GB Legal research for possible motion to dismiss and answer of PBA's charge. Email to JAC and SHB attaching relevant case law. Meeting and JAC and SHB regarding strategy moving forward. 2.70 SHB Review case law re: cause of action. Meeting with JAC ans GB to discuss next steps. 1.20 JAC Litigation team conference and allocation of preparation issues; follow up email to Mendoza re bargaining; 1.00 SHB Meeting with JAC and GB re: response to Charge and hearing matters. Follow up with Clerk's office re: PRR. Follow up with HR re: EAR. Receive and review Mendoza response to request to bargain. 1.10 Page: 1 12/02/2021 306-9905542 38721 Page 156 of 896 CITY OF BOYNTON BEACH ACCOUNT NO: STATEMENT NO: PBA Captains Unit Formation 2021 HOURS 11/11/2021 GB Legal research regarding sufficiency of charge. Reviewed Chapter 447 and Administrative Rules on sufficiency of charge. Began reviewing Officer's Order in underlying case for Motion to Dismiss and Answer. Began drafting Motion to Dismiss and answer. 4.00 SHB Discuss case matters with GB. Prepare and file Motion to Appear by Zoom. 0.60 11/12/2021 GB Continued drafted Motion to Dismiss or in the Alternative Answer to PBA's Charge. 1.00 JAC Review, preparation, and research concerning response to ULP 1.20 11/15/2021 SHB Receive and review Verification of Election Results; transmit to Laverriere, Gregory, and Oldbury. Review and revise Motion to Dismiss and Answer. 0.80 JAC Conference call with LL and JO regarding options for bargaining and disposition of litigation; Call to Katie Mendoza regarding commencement of collective-bargaining forjoint Lieutenant/captain issues 0.80 GB Legal Research and finalized first draft of Motion to Dismiss Charge. 3.60 11/16/2021 MDC confer with Jim Cherof on PERC final order and appellate issues, misc research on matters to review potential appeal; research appellate issues, review cases on jurisdiction and appellate standards 1.10 GB Meeting with JAC regarding file and underlying case. 0.50 GB Edits to motion to dismiss. Legal research regarding standard of review on motion for reconsideration. Telephone conference calls with SHB regarding Motion to Dismiss and edits and comments to Motion. 2.00 SHB Discuss motion for reconsideration matters with GB; research re: standard. Revise Answer/Motion. Discuss Zoom motion with Keeler. Receive and 1.40 review order granting Zoom hearing; confirm deadlines for prehearing 1.20 requirements. 1.50 11/17/2021 MDC continue researching appellate issues per JAC for potential appeal of PERC order certifying election results, review cases and rules, provide memo to Jim Cherof, meet with Gal Betesh on Motion to Dismiss and provide comments on document, confer with Jim Cherof on appellate options and status of retaliation claim 2.30 GB Meeting with MDC regarding appeal and motion to dismiss. Edits to Motion to Dismiss pursuant to MDC's comments. 0.60 11/18/2021 MDC conference regarding PBA ULP petition, order certifying lieutenant CBU and matters relating to reorganization of PD; review and comment on Motion for Reconsideration, confer with Gal Betesh on changes to pleading; meet with Jim Cherof to discuss potential appellate issues, strategy for ULP case 2.10 GB Meeting with JAC, MDC and SHB regarding strategy and Motion to Dismiss. Edits to Motion pursuant to meeting and comments from JAC, MDC and SHB. 2.60 SHB Meeting with JAC, MDC, and Gal re: various case and hearing matters. Review and revise Motion to Dismiss and Answer; discuss with GB. 1.40 JAC Review, finalize, file motion for reconsideration/answer 1.20 11/19/2021 JAC Continue correspondence with PBA regarding abatement of ULP and commencement of collective bargaining for 2020 bargaining unit; Update CityManager; continue preparation of ULP case 1.80 11/22/2021 GB Reviewed emails with JAC and PBA's attorney, Katie Mendoza and telephone conference call with JAC regarding email exchange. 0.30 GB Telephone conference call with JAC regarding opposing counsel requesting Page: 2 12/02/2021 306-9905542 38721 Page 157 of 896 Page: 3 CITY OF BOYNTON BEACH 12/02/2021 ACCOUNT NO: 306-9905542 STATEMENT NO: 38721 PBA Captains Unit Formation 2021 HOURS extension of hearing and to abate case. Telephone conference call with JAC regarding Prehearing Statement and began drafting Prehearing Statement. 1.60 JAC Prep for prehearing statement; emails and follow up with PBA concerning PBA motion for continuance; Prep for hearing 1.80 11/23/2021 GB Legal research regarding rule of sequestration and difference between questions of law and questions of fact. Finished drafting first draft of Prehearing Statement. Emails with JAC regarding phone conference with PBA attorney. Emails to JAC SHB and MDC regarding Prehearing Statement. Legal research regarding retaliation cause of action. Telephone conference call with JAC regarding cases. 2.20 SHB Meeting with JAC, Gregory, and Snow to prepare for PERC hearing. Discuss hearing matters with JAC and Laverriere. Review prehearing statement and send preliminary comments to GB, JAC, MDC. 2.70 JAC Preparation of prehearing statement; evaluation of witnesses; call with Brennan Keeler concerning PBA motion for continuance; follow up with manager. Conference call regarding witnesses for PERC hearing, Follow up preparation regarding you ULP case 3.90 11/24/2021 MDC review draft Prehearing Statement, provide comments; misc research on 11/29/2021 GB legal issues, conference with Jim Cherof, Gal Betesh and Shana Bridgeman on statement of case, legal issues; review revised Statement of Case, review draft Motion to Dismiss 1.70 GB Reviewed comments from MDC, JAC and SHB to Prehearing STatement. Zoom conference with JAC, MDC and SHB regarding strategy, Prehearing Statement and Motion to Dismiss. Edits to Prehearing Statement pursuant to comments and meeting and email revised Prehearing Statement to SHB, 2.00 MDC JAC and MDC for review. 4.00 SHB Meeting with JAC, MDC, and Gal to prepare for final hearing, prehearing 0.50 SHB statement. Research and draft Motion to Dismiss. Receive and begin review of PBA's response to City's Answer, Affirmative Defenses, and Motion for Reconsideration. 2.50 JAC Continue preparation of prehearing statement, motion to dismiss, and related issues concerning ULP 3.30 11/28/2021 SHB Review PBA response to MTD and cases cited. Revise Motion to Dismiss for lack of standing. 1.70 11/29/2021 GB Reviewed Charge and exhibits thereto to confirm that the PBA did not allege that the Captains are member of the PBA. Email to SHB regarding findings. Telephone conference call with JAC regarding pre hearing statement and motion to dismiss. Edits to pre hearing statement pursuant to call with JAC and email revised prehearing statement to JAC, SHB and MDC. Reviewed PBA's response to Motion for Reconsideration. Reviewed Motion to Dismiss for Lack of Standing. 2.00 MDC confer with Shana Bridgeman on Motion to Dismiss, confer with Jim Cherof; confer with Gal Betesh 0.50 SHB Additional research re: basis for charge. Discuss wit JAC, MDC, GB. Revise motion. Receive and review order granting continuance. Various correspondence from JAC and Barry Dunn. 1.50 JAC Email with PERC Clerk re: meeting continual and follow up re: Motion to dismiss and related issues; review for call with Lori LaVerriere re: CBA. 1.20 Page 158 of 896 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO PBA Captains Unit Formation 2021 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 21.40 $225.00 MICHAEL D. CIRULLO 7.70 225.00 GAL BETESH 33.40 225.00 SHANA H. BRIDGEMAN 20.20 225.00 11/30/2021 JAC Less Courtesy Discount on JAC's time GB Less Courtesy Discount on GB's time TOTAL CREDITS FOR FEES Photocopies TOTAL EXPENSES THRU 11/30/2021 TOTAL CURRENT WORK BALANCE DUE Page: 4 12/02/2021 306-9905542 38721 HOURS 82.70 18,607.50 TOTAL $4,815.00 1,732.50 7,515.00 4,545.00 -815.00 17,291.70 $17,291.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 159 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Chanteclair Villas Condos (Stephenson, Robert Georges) 11/30/2021 SHB Review file re: status of case and outstanding liens; prepare and send memo to City re: status of litigation. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905559 38723 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 160 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Deutsche Bank (Josephine Daffin) ACCOUNT NO STATEMENT NO 11/30/2021 SHB Review file re: status of case and outstanding liens; prepare and send memo to City re: status of litigation. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905562 38724 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 161 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Yoakum, Timothy C. (RLC Appeal) ACCOUNT NO STATEMENT NO 11/03/2021 SHB Prepare and file Motion to Strike statements of events. Review docket and filed pleadings. Research, drafting, and revision: Answer Brief. Finalize and file Answer Brief. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 5.10 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905565 38725 HOURS 5.10 5.10 1,147.50 TOTAL $1,147.50 1,147.50 $1,147.50 Page 162 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. The Preserve at Boynton Beach (50 Friends Fund Capital) 11/30/2021 SHB Review file re: status of case and outstanding liens; prepare and send memo to City re: status of litigation. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905566 38726 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 163 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905567 Boynton Beach FL 33435 STATEMENT NO: 38727 Attn: Lynn Swanson adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) HOURS 11/02/2021 HN Review of rule 7.1 and email exchange with GB. Drafting Motion to Compel expert reports (2nd time). Review of Rule 16(b)(4) of the Federal rules of civil procedure. 2.20 11/03/2021 MDC meet with Heather Needelman and Gal Betesh on discovery and trial order issues, noncompliance by plaintiffs and potential motions to court 0.50 HN Preparation and attendance of meeting with MDC and GB to discuss legal strategy. Drafting notice of unavailability. Emailed Karen and Wing Ho re: the expert reports cc Gal. 1.20 GB Meeting with MDC and HN regarding case status and strategy moving forward. 0.50 11/04/2021 HN Edits to motion to compel, review of local rule 7.1(b)(2). Email to GB and MDC with draft motion. 1.20 11/05/2021 MDC review draft motion to compel (expert reports) and email correspondence on discovery disputes 0.70 HN Phone discussion with Karen Ho regarding city's draft motion to compel expert reports. Follow up email to Karen Ho, Wing Ho cc MDC and GB. Edited motion providing for discussion with Karen Ho. Email to MDC cc GB with revised drafted renewal of motion to compel expert reports in compliance with rule. 2.20 11/08/2021 HN Edits to renewed motion to compel expert reports, review of pretrial scheduling report, review of Plainitffs' expert reports, email to GB with draft, Review of Rule 26(a)(2). Edits to witness list. Review of case law as to injunctive relief and jury trials. Review of rule 38 in federal civil rules handbook and reviewed corresponding case law. Review of Federal Rule of Evidence 902 re: self authenticating documents. Email to MDC cc GB. 3.70 11/09/2021 MDC review materials and confer with Heather Needelman and Gal Betesh on status of expert reports 0.20 HN Drafted proposed order on motion to compel. Email to GB. Edits to motion to compel expert reports. Email exchange with GB. Email exchange with JAC. Drafted motion to strike jury trial and associated case law research. Review of pleadings and jury trial demand. 1.80 GB Reviewed motion to compel compliance with rule 26(b) expert reports and proposed order granting motion. Email to HN regarding comments to proposed order. 0.30 11/10/2021 HN Started drafting statement of material facts in support of City's Motion for Page 164 of 896 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO: adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) HOURS Summary Judgment. Started drafting Clty's motion for summary judgment. 2.20 Page: 2 12/02/2021 306-9905567 38727 11/11/2021 GB Meeting with JAC, MDC and HN regarding strategy moving forward. 0.50 HN Preparation for meeting with JAC, MDC and GB. Attendance of said meeting. Review of federal rules of civil procedures and local rules relating to rebuttal witnesses. Called John Kuntzman. Email to Karen and Wing Ho cc GB for deposition dates for their two expert witnesses. Email to JAC cc MDC and GB with legal analysis related to question on rebuttal witnesses. Westlaw research on rebuttal witnesses. 3.30 MDC meet with Heather Needelman, Gal Betesh and Jim Cherof on status of compliance with trial order, pending motion to compel against the plaintiffs, pending discovery issues 0.80 11/12/2021 MDC Telephone conference call with Gal Betesh on witness list issues 0.20 11/15/2021 HN Review of initial disclosure documents for email exchanges between City and Yousheng Cheng. Email to GB. Discussion with GB. Review of emails from Yousheng Cheng. Review and edits of notes related to proving City's case. Email to Karen and Wing Ho re: deposition of their two expert witnesses. Started drafting motion in limine. Conference with GB to discuss witness list and review pending motions. Started drafting motion for pretrial conference per rule 16. 3.50 GB Emails and meeting with HN regarding witness list and emails between City and Plaintiffs' engineer. 0.30 11/16/2021 HN Edits to Motion for Pretrial Conference. Review of docket and scheduling order. Email to GB with draft motion. 1.30 GB Meeting with HN regarding strategy, witnesses and motion for pretrial conference. 1.50 11/17/2021 HN Edits to motion for pretrial conference. Email to MDC cc JAC and GB with draft motion. Email exchange with GB regarding witness list. Email to Karen and Wing Ho to confer before filing motion for pretrial conference. Edits and legal research re: motion in limine and inadmissibility of city' settlement on the eckols property, 2.80 MDC review motion for pre-trial conference and provide comments 0.30 GB Reviewed and edits to witness list. Emails with City regarding witness lis. 0.40 11/18/2021 HN Review of email from Karen Ho relating to rule 11. Discussion with GB. Review of Rule 11 and review of case law related to rule 11. Started drafting daubert motions against Plaintiffs' two expert witnesses. Drafted proposed order on motion for pretrial conference. Drafted motion to compel production and motion to compel interrogatories. Review of Federal rules of civil procedure and local rules relating to irogs, request for admissions and request for production. Review of rule 37 related to sanctions. Drafted proposed orders on city's motion to compel response to Irogs and motion to come response to production request. Discussion with GB. Email to MDC re: subpoena of deposition to plaintiffs expert witness. Email exchange with Karen Ho. 4.20 GB Emails with HN Regarding rule 11. Emails with Plaintiffs regarding rule 11. 0.30 11/19/2021 HN Review of email from Karen Ho. Drafted subpoena for Yousheng Cheng. Review of local rules relating to depositions. Started drafting affidavit for John Kuntzman. 2.20 GB Emails with Plaintiffs' regarding motion for sanctions. 0.10 Page 165 of 896 Page: 3 CITY OF BOYNTON BEACH 12/02/2021 ACCOUNT NO: 306-9905567 STATEMENT NO: 38727 adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) GB Emails with HN regarding statements of material fact. 11/22/2021 HN Last review of motion for pretrial conference and order. Research of cases relating to motions for pretrial conferences. Email to GB re: proposed order for motion for pretrial conference. Email to Gal with drafts of discovery motions and proposed orders. Research as to ex parte motions to compel. Review of federal and local rules. Review of the rules as it pertains to waiving objections to discovery requests. Legal research regarding moving for sanctions and attorneys fees relating to the motions to compel. Drafted email to Karen and Wing Ho. Email exchanges with GB. Email to Karen Ho and Wing Ho relating to City's motion to compel discovery. Review of court's order to show cause. GB Reviewed and edits to proposed order granting City's Request for Pre Trial Conference. Email to HN regarding proposed changes. Edits to Motion to Compel Plaintiffs to Answer City's First Set of Interrogatories and proposed order granting Motion. Edits to Motion to Compel Plaintiffs to Respond to City's First Request for Production and proposed order granting Motion. Email to HN regarding comments and edits. 11/23/2021 MDC review court order, confer with Gal Betesh and Heather Needelman on discovery matters GB Meeting with HN and MDC regarding case strategy. HN Meeting with GB and MDC to discuss status of case. Email to Karen Ho and Wing Ho re: subpoena of Yousheng Cheng. Review of drafted subpoena. Email to John Kuntzman. Drafting Statement of Material Facts in support of motion for summary judgment. Review and determination of exhibits for the statement of facts. Email exchanges with John Kuntzman. Email to Crystal Gibson for certified copies of documents. Edits to statement of facts. 11/24/2021 HN Drafting Response to Karen and Wing Ho's Motions for Default. Research relating to right to jury trial. Drafting reply to Karen and wing Ho's response to City's Motion to compel expert reports in compliance with rule 26. Review of local rules relating to deadlines for reply to a response. Drafting Motion to Strike Demand for Jury trial. Email to JAC, MDC cc GB re: motion to strike demand forjury trial. 11/29/2021 HN Email exchange with Crystal Gibson. Edits to motions to compel discovery and proposed orders. Discussion with MDC. Review of email from John Kuntzman. Edits to Reply. Discussions with GB about Reply. Email to GB with revised Reply. Edits to Response to Motion for Default. MDC review draft motions to compel relating to discovery, confer with Heather Needelman and provide comments on motions GB Telephone conference call with HN regarding motion to compel responses to interrogatories. GB Reviewed and made edits to Reply to Plaintiffs' Response to City's Motion to Compel. 11/30/2021 HN Review of Rule 45 related to service of subpoena. Westlaw research. Discussions with GB and MDC. Edits to subpoena and notice of deposition. Email to Karen and Wing Ho. Research for cases relating to a pending motion to dismiss does not stay discovery. Edits to reply to plaintiffs' HOURS 0.10 4.20 0.70 0.50 0.30 2.80 5.20 2.70 0.30 0.10 0.30 response. 3.20 MDC confer with Gal Betesh and Heather Needelman on discovery rules for expert subpoena; review rules and advise on notice requirements 0.60 Page 166 of 896 Page: 4 CITY OF BOYNTON BEACH 12/02/2021 ACCOUNT NO: 306-9905567 STATEMENT NO: 38727 adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) Photocopies 39.55 TOTAL EXPENSES THRU 11/30/2021 39.55 11/04/2021 Federal Express - Invoice 7-559-71293 21.05 HOURS GB Meeting with HN and MDC regarding subpoena to Plaintiff's expert. Legal Fed Ex research regarding motion to dismiss staying discovery. Drafted reply to 43.14 Plaintiffs' Response to Motion to Compel. 14,055.19 2.70 FOR CURRENT SERVICES RENDERED 62.10 13,972.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 4.10 $225.00 $922.50 HEATHER NEEDELMAN 49.90 225.00 11,227.50 GAL BETESH 8.10 225.00 1,822.50 Photocopies 39.55 TOTAL EXPENSES THRU 11/30/2021 39.55 11/04/2021 Federal Express - Invoice 7-559-71293 21.05 11/17/2021 Federal Express - Invoice 7-574-70197 22.09 Fed Ex 43.14 TOTAL ADVANCES THRU 11/30/2021 43.14 TOTAL CURRENT WORK 14,055.19 BALANCE DUE $14,055.19 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 167 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. HMC Assets (50 Friends Fund Capital, et al) ACCOUNT NO STATEMENT NO 11/30/2021 SHB Review file re: status of case and outstanding liens; prepare and send memo to City re: status of litigation. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905568 38728 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 168 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Deutsche Bank (Garza, Ruth) ACCOUNT NO STATEMENT NO 11/08/2021 SHB Review Motion for Summary Judgment, notice of hearing on motion, and pleadings filed to date. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905569 38729 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 169 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Webb, Jesse Rufus, Jr. (Forfeiture of $8,425) 11/08/2021 BJS Review settlement transmittal letter 11/11/2021 BJS Review and follow up re: proposed settlement and transmittal FOR CURRENT SERVICES RENDERED TIMEKEEPER BRIAN J. SHERMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.30 0.30 0.60 RECAPITULATION HOURS HOURLY RATE TOTAL 0.60 $225.00 $135.00 Page: 1 12/02/2021 306-9905572 38730 135.00 135.00 $135.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 170 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905585 Boynton Beach FL 33435 STATEMENT NO: 38731 Attn: Lynn Swanson v. Styles, Stephen (RPO) HOURS 11/01/2021 SHB Attend trial. Receive and review Final Order. Draft transmittal correspondence to Respondent and transmit Final Order to Respondent by Fedex. 1.50 11/02/2021 SHB Follow up re: status of FedEx; prepare and file Notice of Filing Proof of Service, and Proof of Service. Transmit documents to Gorfido. 0.50 11/03/2021 SHB Discuss new service address for Styles with Gorfido. Prepare and send second service packet by FedEx to new address. 0.30 11/04/2021 SHB Review FedEx confirmation for second delivery; prepare and file Notice of Filing Proof of Service and second Proof of Service. 0.30 11/12/2021 SHB Correspondence with William Browning at Wellness Resource Center re: proof of evaluation required by court order. 0.10 11/15/2021 SHB Telephone conference with Samantha Ethlinger from Wellness Resource Center re: proof of psych eval. Receive and review correspondence re: completion of psych eval. Prepare and file Notice of Filing Psych Eval; transmit copy to Sytles. Transmit copies to PD. 1.00 FOR CURRENT SERVICES RENDERED 3.70 832.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 3.70 $225.00 $832.50 Photocopies 2.10 TOTAL EXPENSES THRU 11/30/2021 2.10 11/03/2021 Prestige Reporting Service - Invoice 106604 115.00 Depo 115.00 10/25/2021 Federal Express - Invoice 7-552-52992 17.73 11/01/2021 Federal Express - Invoice 7-559-71293 16.87 11/03/2021 Federal Express - Invoice 7-559-71293 12.36 Page 171 of 896 CITY OF BOYNTON BEACH v. Styles, Stephen (RPO) Fed Ex TOTAL ADVANCES THRU 11/30/2021 TOTAL CURRENT WORK BALANCE DUE Page: 2 12/02/2021 ACCOUNT NO: 306-9905585 STATEMENT NO: 38731 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 46.96 161.96 996.56 $996.56 Page 172 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson v. Miller, Christopher Jamal (Seizure of Dog) HOURS 11/04/2021 HN Drafting petition, discussions with Officer Roehrich, review of pictures. Review of Section 828.073, Florida Statutes. 3.70 SHB Review and revise petition. Discuss case matters with HN. 0.40 11/05/2021 HN Discussion with Officer Liz Roehrich. 0.30 11/08/2021 HN Review of email from Officer Roehrich. Review of letter from Christopher Miller's attorney. Phone discussions with Officer Roehrich and phone discussion with SHB. Email to Officer Roehrich. Review of email from Officer Roehrich to Miller's attorney, Scott Skier. Discussion with Miller's attorney, Scott Skier. 0.50 11/09/2021 HN Discussion with officer Roehrich and review of court summons. Review of the rules re: notice of dismissal. Phone discussion with Officer Roehrich. 0.60 11/10/2021 HN Discussion with Officer Roehrich and drafted notice of dismissal. Email exchange with SHB. Email to Scott Skier with Notice of dismissal. 0.50 11/15/2021 HN Review of email from Scott Skier and informed Officer Roehrich that case was dismissed. 0.10 FOR CURRENT SERVICES RENDERED 6.10 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 5.70 $225.00 $1,282.50 SHANA H. BRIDGEMAN 0.40 225.00 90.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2021 306-9905589 38732 1,372.50 $1,372.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 173 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson Canal Maintenance Special Assessment HOURS 11/02/2021 JAC Preliminary discussion with MC regarding implementation of ad valorem collection of canal assessment; review jurisdictional issue. 1.00 11/04/2021 MDC confer with Jim Cherof on scheduling, telephone call with Lynn Swanson on publication schedule for Intent Resolution, prepare form of published notice; forward information and form to City staff and respond to inquiries 1.10 JAC Review timeline for implementation of annual canal assessment by ad valorem taxation; discussed with MC; review documents related to same 1.20 11/08/2021 MDC prepare the canal maintenance intent resolution, request information from staff, t/c with City staff, continued revisions of resolution; misc t/c on legal description of city boundaries, review documents from engineer and clerk 1.50 JAC Follow up with MC regarding public notice/city legal description and annual assessment through ad valorem collection 0.80 11/09/2021 MDC review materials on legal description of city, revising attachment to resolution 0.30 11/11/2021 MDC review revised legal description of city, continue preparing resolution, confer with Jim Cherof; forward updated legal description to city and coordinate finalization of resolution for review by staff 0.90 JAC Conference with MC and review issues concerning legal description for public notice To convert annual collection on tax bill 0.40 11/29/2021 MDC follow upon intent resolution, status of agenda form; review and provide comments on agenda form 0.60 FOR CURRENT SERVICES RENDERED 7.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 3.40 $225.00 $765.00 MICHAEL D. CIRULLO 4.40 225.00 990.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2021 306-9905552 38722 i , i 00.uu 1,755.00 $1,755.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 174 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Secured Holdings, Inc. ACCOUNT NO STATEMENT NO 11/02/2021 JAC Pre -meeting with staff regarding conference with secured properties concerning outstanding quantum parked construction issues; miscellaneous follow up notations for discussion with assistant City Attorney's and City Manager. 11/08/2021 JAC On-site conference with Olen/Secured regarding pending issues in quantum Park; Meeting follow up with staff FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 2.70 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905206 38699 HOURS 1.20 1.50 2.70 607.50 TOTAL $607.50 607.50 $607.50 Page 175 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 ACCOUNT NO STATEMENT NO 11/01/2021 MDC confer with GB on M/Reconsideration on release of confidential information. 0.20 GB Drafted Motion for Reconsideration of order granting Motion to Compel. Legal research for Motion for Reconsideration. Emails with MDC and JAC regarding motion and proposed order granting Motion to Compel. Email with opposing counsel regarding proposed order granting Motion to Compel. 1.50 JAC Review issue regarding discovery disclosures and order on motion to compel with GB and MC 0.60 11/02/2021 MDC review draft motion to reconsider and case law, confer with GB on scheduling 0.40 GB Meeting with MDC regarding Motion for Reconsideration. Edits to Motion for Reconsideration and email to MDC for review. 1.50 JAC Review pending litigation issues with MC. 0.30 11/03/2021 GB Drafted, filed and served Notice of Hearing for Motion for Reconsideration. 0.30 11/29/2021 GB Drafted letter to judge enclosing material for motion for reconsideration hearing. Email to opposing counsel copy of letter to judge. 0.40 11/30/2021 MDC meet with Gal Betesh on preparing for hearing on Motion for Reconsideration 0.50 GB Prepared for Motion for Reconsideration hearing. Reviewed Sunshine Manual and legal research regarding confidentiality agreements and public records. Reviewed Plaintiffs responses to City's Motion for Reconsideration. Meeting with MDC in preparation for hearing. 1.50 FOR CURRENT SERVICES RENDERED 7.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.90 $225.00 $202.50 MICHAEL D. CIRULLO 1.10 225.00 247.50 GAL BETESH 5.20 225.00 1,170.00 Page: 1 12/02/2021 306-9905190 38640 1,620.00 Page 176 of 896 CITY OF BOYNTON BEACH adv. Readon, Jayden, Estate of (police chase) Photocopies TOTAL EXPENSES THRU 11/30/2021 TOTAL CURRENT WORK BALANCE DUE Page: 2 12/02/2021 ACCOUNT NO: 306-9905190 STATEMENT NO: 38640 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE M-1 1,629.80 $1,629.80 Page 177 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470000410EP ACCOUNT NO STATEMENT NO 11/01/2021 GB Email to opposing counsel regarding dismissal of lawsuit. 11/03/2021 GB Drafted Motion to Compel dismissal of lawsuit based on terms of the general release. Email to opposing counsel attached motion to compel and requesting compliance with general release. Received and reviewed notice of dismissal filed by Plaintiff's counsel and email to City and Tristar regarding dismissal. FOR CURRENT SERVICES RENDERED RECAPITULATION HOURS HOURLY RATE 0.80 $225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.10 Page: 1 12/02/2021 306-9905216 38641 180.00 180.00 $180.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 178 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Philson, Tammi A. (Personal Injury -Carolyn Sims Center) Billing Category: 18 - RLO Claim #001470000440GB 11/09/2021 GB Recovered and reviewed Complaint. Emails and telephone conference call with City regarding Complaint and allegations. Drafted motion to dismiss. JAC Preliminary review of complaint, notice of claim, incident report; discussed same with GB and Andrew Mack 11/29/2021 GB Finalized motion to dismiss. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.80 $225.00 2.20 225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905310 38642 HOURS 1.60 0.80 0.60 3.00 675.00 TOTAL $180.00 495.00 675.00 $675.00 Page 179 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Wright, Bernard (discrimination) Billing Category: 18 - RLO Claim #001470000449EO 11/04/2021 GB Telephone conference call with City regarding incident at Sims Center with Bernard Wright and possible trespass warning. Meeting with JAC regarding update of incident. Began legal research regarding trespass warning and first amendment rights. 1.00 11/05/2021 GB Legal research regarding trespass warning on public property. Telephone conference call with City regarding incident with Bernard Wright at Sims Center. 2.00 11/17/2021 GB Uploaded and watched latest incident with Bernard Wright at Sims center. Emails with City regarding video. 0.70 FOR CURRENT SERVICES RENDERED 3.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 3.70 $225.00 $832.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2021 306-9905336 38643 832.50 $832.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 180 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Benitez, Antonio (Park Injuries) Billing Category: 18 - RLO Claim #0014700000452GB Page: 1 12/02/2021 306-9905347 38644 11/01/2021 GB Reviewed deficiencies in Plaintiff's discovery responses and email to opposing counsel regarding deficiencies. 0.30 11/02/2021 GB Legal research regarding CME. Emails with opposing counsel regarding CME. Emails with opposing counsel regarding deficiencies in Plaintiff's responses to discovery. 0.40 11/03/2021 GB Received and reviewed documents responsive to subpoena duces tecum from Anesthesia Services LLC. Telephone conference call and emails with Dr. Zeide regarding CME. Edits to subpoenas to medical providers. 1.00 11/04/2021 GB Drafted subpoenas duces tecum to medical providers. 0.30 11/10/2021 GB Began drafting letter to City regarding compulsory medical exam. Began drafting second request for production to Plaintiff. Drafted additional subpoenas to medical providers of pre existing condition. Began drafting motion to compel discovery. 2.70 11/11/2021 GB Finalized motion to compel. Continued reviewing medical records. Finalized and had sent letter to City and Tristar regarding case update and CME. 1.30 11/12/2021 GB Emails with opposing counsel regarding discovery and deficiencies in Plaintiff's responses. Finalized Motion to Compel and email to Plaintiff's counsel to confer in good faith. 1.00 11/15/2021 GB Drafted notice of intent to serve non-party with subpoena duces tecum and served and filed notice. Emails with opposing counsel regarding waiver of 15 day objection period and request for copies. 0.70 11/16/2021 GB Edits to subpoena to medical providers. 0.30 11/17/2021 GB Finalized, filed and served Motion to Compel and began following judge's instructions to set Motion for hearing. 0.40 11/18/2021 GB Emails with opposing counsel regarding Motion to Compel hearing. 0.30 11/22/2021 GB Drafted letter to Dr. Zeide regarding CME. 0.40 Page 181 of 896 Page: 2 CITY OF BOYNTON BEACH 12/02/2021 ACCOUNT NO: 306-9905347 STATEMENT NO: 38644 adv. Benitez, Antonio (Park Injuries) FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH HOURS 9.10 RECAPITULATION HOURS HOURLY RATE TOTAL 9.10 $225.00 $2,047.50 Photocopies TOTAL EXPENSES THRU 11/30/2021 2,047.50 69.65 69.65 11/02/2021 Interventional Pain Services of Palm Beach - Medical Records 43.00 11/16/2021 ChartSwap - Invoice REQ -11419862 58.75 11/16/2021 Lake Worth Injury & Wellness - Medical Records 55.50 Outside Copying 157.25 11/01/2021 Compass Investigations - Invoice 2021010301 40.00 11/01/2021 Compass Investigations - Invoice 2021010303 40.00 11/01/2021 Compass Investigations - Invoice 2021010304 40.00 11/02/2021 Compass Investigations - Invoice 2021010302 40.00 11/03/2021 Compass Investigations - Invoice 2021010308 40.00 11/05/2021 Compass Investigations - Invoice 2021010300 125.00 11/05/2021 Compass Investigations - Invoice 2021010305 40.00 11/05/2021 Compass Investigations - Invoice 2021010299 40.00 11/10/2021 Compass Investigations - Invoice 2021010701 40.00 11/10/2021 Compass Investigations - Invoice 2021010298 40.00 11/10/2021 Compass Investigations - Invoice 2021010307 40.00 11/12/2021 Compass Investigations - Invoice 2021010702 85.00 11/12/2021 Compass Investigations - Invoice 2021010751 85.00 11/22/2021 Compass Investigations - Invoice 2021011062 85.00 Service Process 780.00 11/24/2021 Federal Express - Invoice 7-582-06238 10.55 Fed Ex 10.55 TOTAL ADVANCES THRU 11/30/2021 947.80 TOTAL CURRENT WORK 3,064.95 BALANCE DUE $3,064.95 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 182 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18 - RLO Claim #19754303 ACCOUNT NO STATEMENT NO 11/12/2021 GB Reviewed file in preparation for drafting mediation summary. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 2.40 $225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 2.40 2.40 TOTAL $540.00 Page: 1 12/02/2021 306-9905369 38645 b4U.UU 540.00 $540.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 183 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Riebman, Scott (Trip and Fall) Billing Category: 18 - RLO Claim #19768833 11/04/2021 GB Telephone conference call with Tristar regarding claim. Telephone conference call and emails with claimant's attorney regarding settlement and deceased client. Meeting with MDC regarding claim and strategy moving forward. Emails with tristar regarding update to conversation with opposing counsel. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.10 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905404 38646 HOURS 1.10 1.10 247.50 TOTAL $247.50 247.50 $247.50 Page 184 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905423 Boynton Beach FL 33435 STATEMENT NO: 38647 Attn: Lynn Swanson adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 HOURS 11/02/2021 GB Telephone conference call with JAC regarding Plaintiffs' counter settlement offer for costs owed. Email to opposing counsel regarding settlement offer and email to City regarding settlement offer. 0.40 11/04/2021 GB Telephone conference call with City regarding Plaintiff's settlement offer. Telephone conference call with JAC regarding Plaintiff's settlement offer. Email to opposing counsel regarding settlement. Received and reviewed notice of appeal from Plaintiff of Court's order granting City costs. 0.70 11/05/2021 MDC review new appeal materials, order and notice, confer with JAC 0.30 11/08/2021 GB Telephone conference call with MDC regarding appeal filed by Plaintiffs of Court's order granting the City costs. Email to City regarding notice of appeal. 0.20 11/22/2021 MDC review pleadings filed in Cost Appeal (Notice of Conflicts/Interested Persons, Civil Sheet and Notice of Appearance) 0.30 GB Received and reviewed Appellants' certificate of interested person and corporate disclosure statements and reviewed rule of appellate procedure requiring disclosure. 0.30 11/23/2021 MDC review and revise notice of appearance; review certificate of interested persons; review status of case 0.50 FOR CURRENT SERVICES RENDERED 2.70 607.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 1.10 $225.00 $247.50 GAL BETESH 1.60 225.00 360.00 TOTAL CURRENT WORK 607.50 BALANCE DUE $607.50 Page 185 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905444 Boynton Beach FL 33435 STATEMENT NO: 38648 Attn: Lynn Swanson adv. Estella, Jean (MVA) Billing Category: 18 - RLO Claim #19798151 HOURS 11/01/2021 GB Drafted proposed order granting Karl Thomas' Motion to Dismiss and uploaded to the Judge. 0.30 11/02/2021 GB Telephone conference call with opposing counsel regarding agreed order on City and Karl Thomas' Motion to Dismiss. Telephone conference call with City regarding possible agreed orders on City and Karl Thomas' Motion to Dismiss. 0.50 11/03/2021 GB Emails with opposing counsel regarding agreed order dismissing Karl Thomas from lawsuit and dismissing count 3 of complaint. Telephone conference call with opposing counsel regarding rescheduling motion to dismiss hearing. Emails with court reporter regarding rescheduling hearing. Rescheduled motion to dismiss hearing. Drafted proposed agreed orders on City and Karl Thomas' Motions to Dismiss. Meeting with MDC regarding motions to dismiss. 1.40 11/04/2021 GB Drafted notice of cancellation of motion to dismiss hearing and notice of hearing of rescheduled motion to dismiss hearing, filed and served notices. 0.60 11/05/2021 GB Drafted responses to outstanding discovery requests from Plaintiffs to City. Telephone conference call with opposing counsel regarding agreed orders. Emails with opposing counsel regarding plaintiff's request for extension of time to respond to discovery. 1.20 11/08/2021 GB Finalized responses to Plaintiffs first set of discovery to City and email to City for signature and review. 0.90 11/09/2021 GB Drafted responses to Plaintiff First Set of Interrogatories and Request for Production to Karl Thomas. Edits to opposing counsel's revised agreed orders on City's Motion to Dismiss and Karl Thomas' motion to dismiss and emails with opposing counsel regarding same. 0.70 11/10/2021 GB Finalized discovery responses on behalf of the City. 1.40 11/30/2021 GB Email to opposing counsel regarding outstanding discovery. 0.10 FOR CURRENT SERVICES RENDERED 7.10 1,597.50 Page 186 of 896 Page: 2 CITY OF BOYNTON BEACH 12/02/2021 ACCOUNT NO: 306-9905444 STATEMENT NO: 38648 adv. Estella, Jean (MVA) TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 7.10 $225.00 $1,597.50 1,597.50 $1,597.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 187 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv. Cantrell, Wanda (Trip and Fall) Billing Category: 18 - RLO Claim #20805293 11/09/2021 GB Received and reviewed final medicare letter from claimant's attorney. Email to tristar regarding medicare letter. Edits to general release and email general release to opposing counsel for signature. 0.50 11/15/2021 GB Emails with opposing counsel regarding release and settlement payment. Emails to City and Tristar regarding signed release by claimant. 0.30 GB Emails with opposing counsel regarding general release. Emails with Tristar regarding signed general release. 0.30 11/19/2021 GB Emails with Tristar regarding settlement. 0.10 FOR CURRENT SERVICES RENDERED 1.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.20 $225.00 $270.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2021 306-9905459 38649 270.00 270.00 $270.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 188 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Capobianco, Ewa (Charge of Discrimination) Billing Category: 18 - RLO Claim #20806974 ACCOUNT NO STATEMENT NO 11/04/2021 GB Emails with opposing counsel regarding mediation. 0.20 11/05/2021 GB Emails with city and opposing counsel regarding mediation. 0.20 11/12/2021 GB Continued deposition summaries in preparation to draft Motion for Summary Judgment and mediation. 2.40 11/18/2021 GB Received and reviewed trial outline and email to City and Tristar regarding trial scheduled. 0.40 FOR CURRENT SERVICES RENDERED 3.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 3.20 $225.00 $720.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2021 306-9905462 38650 720.00 $720.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 189 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905492 Boynton Beach FL 33435 STATEMENT NO: 38651 Attn: Lynn Swanson adv. Flake, Natalie (MVA) Billing Category: 18 - RLO Claim #20818346 11/01/2021 GB Followed up with officers regarding pre deposition meeting. Began drafting Second Request for Production. Emails with D.C. Snow regarding discovery. Reviewed documents provided by D.C. Snow in response to Plaintiff's Second Request for Production. 0.80 11/02/2021 GB Emails with D.C. Snow regarding discovery and reviewed documents provided by D.C. Snow in response to Plaintiffs Request for Production. Received and reviewed documents from City in response to Flake Second Request for Production. Finalized Second Request for Production to Flake. Telephone conference call with City regarding possible public records request to Del Ray. 1.60 11/08/2021 GB Email with opposing counsel regarding depositions of officers. Drafted supoena to all medical providers identified by PLaintiff in her response to discovery. 0.60 11/09/2021 GB Finalized subpoenas to medical providers; filed and drafted notice of intent to serve subpoenas with court. 0.30 11/10/2021 GB Emails with opposing counsel regarding waiving objection period for subpoenas. 0.20 11/11/2021 GB Emails with opposing counsel regarding Sgt. Llopis' deposition. Emails with Sgt. Llopis regarding his deposition. Received and reviewed Plaintiffs objection to subpoena duces tecum and emails to opposing counsel regarding objection. 0.40 11/15/2021 GB Received and reviewed Plaintiffs request for copies and objection. Emails with opposing counsel regarding requests for copies and followed judge's instructions to set hearing on Plaintiffs objection to subpoena. 0.70 11/16/2021 GB Finalized subpoenas to medical providers to be sent to process server for service. Drafted, filed and served Notice of Hearing for Plaintiff's objection to subpoenas. 0.70 11/17/2021 GB Telephone conference call with opposing counsel regarding non party witness Heather's deposition. Telephone conference call with non party Page 190 of 896 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. Flake, Natalie (MVA) witness Heather regarding her deposition. Began working on responses to discovery and emails to City Police Department regarding requests for admissions. 11/18/2021 GB Received and reviewed amended notice of deposition for non party witness Heather. Email to Heather regarding new deposition time. Drafted Notice of Hearing for Motion to Compel. 11/19/2021 GB Telephone conference call with City regarding discovery. Legal research regarding validity of objection to subpoena for medical records from previous medical provider. Telephone conference call to confer in good faith with opposing counsel regarding objection. Continued drafting responses to discovery. 11/22/2021 GB Continued drafted responses to Plaintiffs request for admissions and requests for production. Received and reviewed officer Schalk's personnel file. 11/23/2021 GB Finalized discovery responses and prepared for non party witness, Heather's deposition. Attended Heather's deposition. 11/29/2021 GB Telephone conference call with Sgt. LLopis regarding discovery. Telephone conference call with Officer Schalk regarding discovery. Legal research regarding s. 768.28(16)(b) and objection to discovery. Email to opposing counsel regarding discovery objections. 11/30/2021 GB Emails with Office Schalk regarding pre depositions conference. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 14.80 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 2 12/02/2021 306-9905492 38651 HOURS 1.00 0.50 2.50 0.60 3.10 1.60 0.20 14.80 3,330.00 TOTAL $3,330.00 3,330.00 $3,330.00 Page 191 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/02/2021 100 E. Ocean Avenue ACCOUNT NO: 306-9905498 Boynton Beach FL 33435 STATEMENT NO: 38652 Attn: Lynn Swanson adv. Clemons, Latosha (Personal Injury Injury from a Public Art Mural and It's Unveiling) Billing Category: 18 - RLO Claim #20820231 11/02/2021 U. S. Legal Support, Inc. - Invoice 20210026618-12 267.70 Depo 267.70 11/08/2021 Federal Express - Invoice 7-567-59965 31.47 Fed Ex 31.47 TOTAL ADVANCES THRU 11/30/2021 299.17 TOTAL CURRENT WORK 501.67 BALANCE DUE $501.67 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 192 of 896 HOURS 11/01/2021 GB Emails with City and Tristar regarding settlement. 0.10 11/03/2021 GB Emails with City and Tristar regarding settlement payment and w 9 from Plaintiff's counsel. Emails with Plaintiff's counsel regarding settlement payment and w 9. 0.30 11/08/2021 GB Drafted letter to opposing counsel enclosing settlement check. 0.30 11/17/2021 GB Received and reviewed dismissal of case and email to City and Tristar regarding dismissal. 0.20 FOR CURRENT SERVICES RENDERED 0.90 202.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.90 $225.00 $202.50 11/02/2021 U. S. Legal Support, Inc. - Invoice 20210026618-12 267.70 Depo 267.70 11/08/2021 Federal Express - Invoice 7-567-59965 31.47 Fed Ex 31.47 TOTAL ADVANCES THRU 11/30/2021 299.17 TOTAL CURRENT WORK 501.67 BALANCE DUE $501.67 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 192 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO Boynton Beach FL 33435 STATEMENT NO Attn: Lynn Swanson adv Federick, Carolyn Personal Injuries — Trip and Fall Sidewalk Injuries Billing Category: 18 - RLO Claim #21851368 11/17/2021 GB Emails with City and Tristar regarding strategy moving forward. Reviewed filed in order to provide advice and opinion regarding strategy. Emails with City regarding obtaining investigator. Emails with investigator regarding new assignment. Telephone conference call with Tristar regarding claim. 1.30 11/18/2021 GB Finalized surveillance form and email to investigator including all medical document in file. 0.30 11/29/2021 GB Emails with investigator regarding observation of claimant. Emails with City and Tristar regarding observations of claimant. 0.30 FOR CURRENT SERVICES RENDERED 1.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.90 $225.00 $427.50 11/29/2021 Surveillance, LLC - Invoice 21-11/21851368 Depo TOTAL ADVANCES THRU 11/30/2021 TOTAL CURRENT WORK BALANCE DUE Page: 1 12/02/2021 306-9905549 38653 2,835.50 $2,835.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 193 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Eugene Tendler (Subrogation water damage to residence due to sewer backup) Billing Category: 18 RLO Claim # ACCOUNT NO STATEMENT NO 11/01/2021 GB Telephone conference call with City regarding claim. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905588 38654 HOURS 0.20 0.20 45.00 TOTAL $45.00 45.00 $45.00 Page 194 of 896 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Adamsky, Florence Billing Category - 18 RLO Claim #21868900 ACCOUNT NO STATEMENT NO 11/18/2021 GB Emails with City regarding claimant and new demand from claimant. Began reviewing documents from claimant supporting demand. 11/19/2021 GB Prepared and participated in telephone conference call with City regarding strategy. 11/23/2021 GB Received and reviewed Tristar analysis on claim . FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 1.30 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2021 306-9905590 38655 HOURS 0.30 0.60 0.40 1.30 292.50 TOTAL ;292.50 292.50 $292.50 Page 195 of 896 City of Boynton Beach c/o James Cherof, Esq. 1112 Ocean Ave + A f # # «< <w« »£: ?« « 2=« 6 ■ w* «�� ::## OWN" » <t202( --j <#» MAIN ill . . »■ 7 k »_:�■ <« »a§y�� 3+<««¥!&D wM -m© «#2f© fT«■m» JOANNE M. #?#2»#f «,#, <®, »1:9000 THOMAS »« R # 350.00 4.30 &°:,:#! -�<« »#� 2+� y©2:■� 2.# «: <,,, PREVIOUS BALANCE <,,e TOTAL ACCOUNT BALANCE N $2,695.01 f»?±»» T—ETURN THIS +.«: WITH»#2f REMITTANCE. W -.7AYMENTS RECEIVED AFTER TAE ..:+»-m<#<#<< «., y: »#» »°f© -:■ IF Laws,* D PRIOR BALANCE IS DISPLAYED ABOVE AND YOU HAVE RY REMITTED PAYMENT, PLEASE +K: ONLY CURRENT «.# ?:CHARGES. THANK YOU DUE UPON RECEIPT Page 196 0 896 UMMIN 1101 A L74LI L*I;I(q Asislill City of Boynton Beach c/o James Cherof, Esq. 100 E Ocean Ave I FTI• • W. r I . I . To I F no I I RATE HOURS AMOUNN C50.00 3.40 $119 350.00 4.30 $1:501 $2,695.00 $0.00 $2,696.00 $0.00 $2,695.00 Page 197 of 896 City of Boynton Beach November 30, 2021 Represent .-development File No. 29049.00002 Page 2 DATE INDV DESCRIPTION OF SERVICES HOURS AMOUNT 11/01/21 TJB EXCHANGE EMAIL CORRESPONDENCE WITH 0.30 105.00 AMANDA RE PRE -APP MEETING; RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM CITY ATTORNEY 11/04/21 TJB REVIEW EMAIL CORRESPONDENCE FROM GAL RE 0.30 105.00 SOUTH PARCEL BUILDING PERMIT REVIEW; RECEIVE AND REVIEW EMAIL CORRESPONDENCE FROM CITY ATTORNEY CHEROF RE TOWN SQUARE PRE -APP NOTES 11/05/21 JMO REVIEW EMAILS FROM STEMPLER, PUBLIC RECORDS 0.30 105.00 REQUEST TO CITY; TEL CALL G BETESH 11/05/21 TJB RECEIVE AND REVIEW EMAIL CORRESPONDENCE 0.30 105.00 FROM ATTORNEY STEMPLER RE CITY'S 2ND REQUEST FOR PRODUCTION; REVIEW CORRESPONDENCE FROM ATTORNEY STEMPLER 11/08/21 JO EMAILS WITH GAL BETESH; REVIEW FILE RE DOCS 0.20 70.00 PRODUCED IN RESPONSE TO 2ND RTP 11/08/21 TJB EXCHANGE EMAIL CORRESPONDENCE WITH CITY 0.50 175.00 MANAGER LAVERRIERE (2); TELEPHONE CONFERENCE WITH ANDREW MACK RE PRE -APP MEETING RE JKM 11/15/21 TJB REVIEW EMAIL CORRESPONDENCE FROM ANDREW 0.20 70.00 MACK TO JAMES GIELDA 11/16/21 JMO CONFER G BETESH RE JKM DEPOSITION 0.20 70.00 11/17/21 JMO STATUS MEETING WITH CHEROF, LAVERRIERE, 2.50 875.00 MACK, BETESH, AID; TRAVEL TO AND FROM TOWN HALL 11/17/21 TJB STATUS MEETING WITH BOYNTON BEACH CITY 2.50 875.00 OFFICALS RE MASTER PLAN REVIEW AND THE STATUS OF LITIGATION 11/19/21 TJB REVIEW EMAIL CORRESPONDENCE FROM CITY 0.20 70.00 ATTORNEY CHEROF RE ATTORNEY TEPL'S PR 11/24/21 JO EMAILS RE STEMPLER PUBLIC RECORDS REQUEST 0.20 70.00 AND CITY RESPONSE TOTAL HOURS 7.70 Page 198 of 896 10. 0 Consent Agenda 1/4/2022 Requested Action by Commission: Proposed Resolution No. R22-005 - Approve and authorize the City Manager to sign an agreement with Hilary R. Zalman, Esq. to serve as Special Magistrate pursuant to Ch. 2, Article V of the City Code and Ch. 162 Florida Statute. Explanation of Request: The purpose of this request is to re -appoint Ms. Hilary R. Zalman, Esq. as Special Magistrate for the City of Boynton Beach pursuant to Chapter 2, Article V. of the City Code and Chapter 162 Florida Statue. The existing agreement with Ms. Hilary R. Zalman through RFQ No. 005-2120-18/ IT was approved on January 19, 2018 and will expire on January 17, 2022. Therefore, staff is requesting the approval of a new Special Magistrate agreement with Ms. Zalman for a two (2) year term with the option for three (3) one-year renewals. How will this affect city programs or services? The Special Magistrate serves an important role by independently hearing and adjudicating Code violations brought forward by the City. Fiscal Impact: The quoted hourly rate of $90.00 is a $5.00 increase from the previously approved agreement. These services are budgeted in Community Standards Account No. 001-2412-524.49-17. Alternatives: Appoint another Special Magistrate or appoint members to the Code Enforcement Board. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 199 of 896 Type 10M Ag ir'EsE) rTIE) II'l t Ag ir'EsE) rTIE) II'l t Description IRE)SOkAboin approviing Agir'E)E)irTIE)l['It with Il lllilllbiry Zallirnain for S�PE)CA4l IMagistratE) NEW S�PE�ICA4l IMagistratE�,Agir'E�IENrTIENI'lt PrENiOLAS S�PEIKA4l IMagistratE�,Agir'E�IENrTIENI'lt Page 200 of 896 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. R22 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A TWO (2) YEAR AGREEMENT WITH THREE (3) ONE YEAR RENEWALS WITH HILARY R. ZALMAN, ESQ. TO SERVE AS SPECIAL MAGISTRATE PURSUANT TO CH. 2, ARTICLE V OF THE CITY CODE AND CH. 162 FLORIDA STATUTE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the existing agreement with Ms. Hilary R. Zalman through RFQ No. 005- 2120-18/ IT was approved on January 19, 2018 and will expire on January 17, 2022; and WHEREAS, this request is to re -appoint Ms. Hilary R. Zalman, Esq. as Special Magistrate for the City of Boynton Beach pursuant to Chapter 2, Article V. of the City Code and Chapter 15 162 Florida Statue; and 16 17 18 19 20 21 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize the City Manager to sign a two (2) year agreement with three (3) one year renewals with Hilary R. Zalman, Esq. to serve as Special Magistrate pursuant to Ch. 2, Article V of the City Code and Ch. 162 Florida Statute. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 22 BOYNTON BEACH, FLORIDA, THAT: 23 24 25 26 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves and authorizes the City Manager to sign a two (2) year agreement with three (3) one year renewals with Hilary R. Zalman, Esq. to serve as Special Magistrate pursuant to Ch. 2, Article S:ACA\RESO\Agreements\Special Magistrate Agreement (Zallman) - Reso.docx -1- Page 201 of 896 28 V of the City Code and Ch. 162 Florida Statute. A copy of the Agreement is attached hereto 29 and incorporated herein as Exhibit "A". 30 Section 3. That this Resolution shall become effective immediately. 31 PASSED AND ADOPTED this 4th day of January, 2022. 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ATTEST: 47 48 49 Crystal Gibson, MMC 50 City Clerk 51 52 53 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga S:ACA\RESO\Agreements\Special Magistrate Agreement (Zallman) - Reso.docx -2- VOTE YES NO Page 202 of 896 0 AGREEMENT FOR SPECIAL MAGISTRATE SERVICES FOR COMMUNITY STANDARDS DEPARTMENT da THIS AGREEMENT, made and entered into the y of , 20 kby and between: CITY OF BOYNTON BEACH, a Florida municipal corporation, having the address, 100 E. Ocean Avenue, Boynton Beach, Florida 33435 (hereinafter referred to as "CITY"), AND Zalman Law, P.A., a Florida corporation, having the business of 7050 Montrico Drive, Boca Raton, Florida 3 343 3. WITNESSETH: WHEREAS, Chapter 162, Florida Statutes, provides that municipalities may contract with Special Magistrates as an alternative method of hearing code enforcement cases; and WHEREAS, on December 2, 2021, the City issued a Request for Quotations for Special Magistrate Services - Community Standards. On December 7, 2021, Hilary R. Zalman on behalf of Zalman Law, P.A. submitted a written response to the City's Request for Quotations; and WHEREAS, Hila r R. Zalman (hereinafter referred to as the "SPECIAL MAGISTRATE" is the Director and Owner of Zalman Law, P.A. and is qualified to serve as the City's Special Magistrate; and WHEREAS, the SPECIAL MAGISTRATE is not a cbarter officer of the City of Boynton Beach; and WHEREAS, the SPECIAL MAGISTRATE is not an officer pursuant to Article II, Section 5(a) of the Florida Constitution; and WHEREAS, the SPECIAL MAGISTRATE serves at the pleasure and at the will of the City Commission of CITY; and WHEREAS, CITY and SPECIAL MAGISTRATE, wish to enter into this Agreement in order to set out the terms and conditions of employment related to this appointment; Page 203 of 896 B. SPECIAL MAGISTRATE agrees to provide CITY with a monthly invoice outlining the services provided and time billed as SPECIAL MAGISTRATE under the conditions set out in this agreement. Said invoice shall be submitted to: City of Boynton Beach Community Standards 100 E. Ocean Avenue Boynton Beach, FL 33435 C. Payment shall be made monthly to the SPECIAL MAGISTRATE and sent by First Class U.S. Mail to: Zalman Law, P.A. Attn: Ms. Hilary R. Zalman, Esquire 7050 Montrico Drive Boca. Raton, FL, 33433 Section 5. Term of Agreement. A. This Agreement shall be effective upon the approval of the City Commission and shall be effective for a two (2) year term with the option for three one-year renewals. This Agreement with the SPECIAL MAGISTRATE may be terminated at any time by the City Commission and without cause.. The SPECIAL MAGISTRATE acknowledges that they serve at the will and pleasure of the City Commission. B. The Agreement with the SPECIAL MAGISTRATE may be terminated by either party at will upon thirty (30) calendar days' written notice to the other party. The notices specified herein will be sent to the address set forth in Section 4. Section 5. Amendments-. Assignments. A. No modification, amendment or alteration in the terms of conditions of this Agreement shall be effective unless contained in written document executed with the same formality and of equal dignity herewith. B. SPECIAL MAGISTRATE agrees that the services provided in this Agreement are personal in nature and may not be assigned or transferred to any other party without the prior consent of CITY. REMAINDER OF THIS PAGE LEFT BLANK. SIGNATURE PAGE FOLLOWS. Page 204 of 896 NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and SPECIAL MAGISTRATE, agree as follows: Section 1. Recitals. The above recitals and findings set forth above are hereby adopted by reference and incorporated herein as if fully set forth in this section. Section 2. Desi nee. SPECIAL MAGISTRATE shall serve as the designee of Zalman Law, P.A. and shall be responsible for fulfilling all of the City of Boynton Beach Community Standards Special Magistrate obligations as set forth herein. Section 3. Services. A. SPECIAL MAGISTRATE agrees to provide Special Magistrate services by adjudicating code enforcement cases that may be assigned to SPECIAL MAGISTRATE by CITY. The dates and times of the Special Magistrate hearings shall be established by the CITY and may be amended from time to time. SPECIAL MAGISTRATE understands that Special Magistrates will be utilized for hearings on a rotational basis. SPECIAL MAGISTRATE is authorized to hear cases involving but not limited to, vacant properties, multi -family residential properties, neighborhood preservation, non-residential properties, cases involving an immediate threat to health and safety, among other violations of the City Code. B. SPECIAL MAGISTRATE agrees that at the conclusion of each hearing, a written order, which shall include findings of fact and conclusions of law, shall be promptly prepared and executed by SPECIAL MAGISTRATE, and furnished to the CITY. The CITY shall be responsible for furnishing a copy of the order to the applicable parties. C. SPECIAL MAGISTRATE is an independent contractor under this Agreement. Services provided by SPECIAL MAGISTRATE shall not be as officer or employee of CITY. D. SPECIAL MAGISTRATE acknowledges that he is a member in good standing of the Florida Bar engaged in the private practice of law. Further, SPECIAL MAGISTRATE acknowledges that he has no existing client relationship, which would pose a conflict of interest to his service as a Special Magistrate for CITY. Section 4. Pa ment. A. CITY agrees to pay SPECIAL MAGISTRATE $90.00 1 per hour or fractional part thereof for time spent by the SPECIAL MAGISTRATE in preparation and research for special Magistrate hearings, for attendance at said hearings, and if required, for drafting appropriate orders and documents which result from such hearings. Page 205 of 896 B. SPECIAL MAGISTRATE agrees to provide CITY with a monthly invoice outlining the services provided and.time billed as SPECIAL MAGISTRATE under the conditions set out in this agreement. Said invoice shall be submitted to: City of Boynton Beach Community Standards 100 E. Ocean Avenue Boynton Beach, FL 33435 C. Payment shall be made monthly to the SPECIAL MAGISTRATE and sent by First Class U.S. Mail to: Zalman Law, P.A. Attn: Ms. Hilary R. Zalman, Esquire 7050 Montrico Drive Boca Raton, FL 33433 Section 5. Term of A reement. A. This Agreement shall be effective upon the approval of the City Commission and shall be effective for a two (2) year term with the option for three one-year renewals. This Agreement with the SPECIAL MAGISTRATE may be terminated at any time by the City Commission and without cause. The SPECIAL MAGISTRATE acknowledges that they serve at the will and pleasure of the City Commission. B. The Agreement with the SPECIAL MAGISTRATE may be terminated by either party at will upon thirty (30) calendar days' written notice to the other party. The notices specified herein will be sent to the address set forth in Section 4. Section 6. Amendments; Assignments. A. No modification, amendment or alteration in the terms of conditions of this Agreement shall be effective unless contained in written document executed with the same formality and of equal dignity herewith. B. SPECIAL MAGISTRATE agrees that the services provided in this Agreement are personal in nature and may not be assigned or transferred to any other party without the prior consent of CITY. REMAINDER OF THIS PAGE LEFT BLANK. SIGNATURE PAGE FOLLOWS. Page 206 of 896 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH AND SPECIAL MAGISTRATE have caused these present to be executed in their respective names by the proper officials the day and year first above written. ATTEST: Crystal Gibson, City Clerk APPROVED AS TO FORM: James A. Cherof, Office of the City Attorney State of Florida County of Palm Beach CITY CITY OF BOYNTON BEACH, FLORIDA: Lori LaVerriere, City Manager SPECIAL MAGISTRATE . . .......... 1�,rflary R. Zalsitmi�-,-,sq. The foregoing histrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the y""""""""° fIrLIdayof, 20L by WITNESS my hand and official seal N� t -yy Public, State of Elizabeth Castellanos .......... npELMABM CAST&LAIM . Printed typed or stamped name of Notary Public WOOMMUMM20S exactly as commissioned Personally known to me, or Produced identification: Personally Known .. ........ (type of identification produced) 4 Page 207 of 896 Arch Insurance r ARCH INSURANCE COMPANY (A Missouri Corporation) Home Office Address: 2345 Grand Blvd, Suite 900 Kansas City, MO 64108 Administrative Address: 300 Plaza Three, 3rd Floor Jersey City, NJ 07311 Tel: (866) 413-5550 LAWYERS PROFESSIONAL LIABILITY POLICY DECLARATIONS Policy Number: 11LPL14217700 Renewal Of: THIS IS A CLAIMS MADE AND REPORTED POLICY. CLAIMS MUST BE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED IN WRITING TO THE COMPANY NO LATER THAN SIXTY (60) DAYS AFTER THE END OF THE POLICY PERIOD OR DURING AN EXTENDED REPORTING PERIOD, IF APPLICABLE. THE PAYMENT OF CLAIM EXPENSES REDUCES THE LIMITS OF LIABILITY. PLEASE READ THE ENTIRE POLICY CAREFULLY. Item 1. Named Insured: Zalman Law PA Mailing Address: 7050 Montrico Drive Boca Raton, FL 33433 Item 2. Producer Name: Target Professional Programs Producer Address: 1230 East Diehl Road Suite 350 Naperville, IL 60563 Producer License Number and State: 100311875 IL Item 3. Policy Period: From: 2/12/2021 To: 2/12/2022 (12:01 A.M. Standard time at the address stated in Item 1.) Item 4. Limits of Liability and Deductible Aggregate Limit of Liability: $ 500,000 Policy Period Insuring Agreement Limits and Deductibles: ........ ........ INSURING AGREEMENT LIMITS OF LIABILITY DEDUCTIBLE A. Legal Services $250,000".......mm...m. .............Each Claim $ 5,000 g Each Claim $ 0 Aggregate $25,000 Each Disciplinary Proceeding B. Disciplinary Proceedings $25,000 Aggregate $0 C. Non -Party Subpoena $50,000 Each Insured $0 Expenses $100,000 Aggregate 05 LPL0400 00 06 16 Page 1 of 2 Page 208 of 896 Item S. Premium: Number of lawyers: 1 $ 4,800.00 Item 6. Notices to Insurer: Claims or Potential Claims: Arch Insurance Company 1299 Farnam Street, Suite 500 Omaha, NE 68102 P.O. Box 542033 Omaha, NE 68154 Phone: 877 -688 -ARCH (2724) Fax: 866-266-3630 E-mail: ..lii�:,'rv.IIIA..i:!p.iumii.glllla.'''!!.!!'!U. All other Notices: Arch Insurance Company Professional Liability Underwriting One Liberty Plaza, 53rd Floor New York, NY 10006 Fax: (212) 651-6499 Item 7. Endorsements: See Attached schedule of endorsements and notices. 05 LPL0400 00 06 16 Page 2 of 2 Page 209 of 896 SCHEDULE OF FORMS AND ENDORSEMENTS NAMED INSURED: Zalman Law PA TERM: 2/12/2021 to 2/12/2022 POLICY NUMBER: 11LPL14217700 00 ML0012 00 01 03 Page 1 of 1 Page 210 of 896 Nr- Arch Insurance r Florida Signature Page IN WITNESS WHEREOF, Arch Insurance Company has caused this policy to be executed and attested. John Mentz Regan Shulman President Secretary 05 ML0002 00 12 14 Page 1 of 1 Page 211 of 896 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P•O• #: 220200 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/02/21 VENDOR 16984 TO: ZALMAN LAW, P.A. HILARY OSTREGA, ESQ. 7050 MONTRICO DR. BOCA RATON, FL 33433 SHIP TO: City of Boynton Beach COMMUNITY STANDARDS 100 EAST OCEAN AVE BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST SPECIAL MAGISTRATE SERVICES EFFECTIVE DATE: 10/01/21 EXPIRATION DATE: 10/31/22 NOT TO EXCEED: 10200.00 REMARKS: BLANKET PURCHASE ORDER NOT TO EXCEED $35,000 WITHOUT COMMISSION APPROVAL PROCUREMENT SERVICES: I I P.O. TOTAL: ACCOUNT NO. PROJECT RECEIVING Page 212 of 896 The City of Jho nton Beach u fy Finance/Procurement Services P.O. Box 310 Boynton Beach, F orido 33425-0310 ' Telephone No: (561) 742-6310 FAX (561) 742-6316 RFQ: SPECIAL MAGISTRATE SERVICES FOR COMMUNITY STANDARDS RFQ No.: 005-2120-18/1T CONTRACT RENEWAL PERIOD: JANUARY 19, 2021 THRU JANUARY 18, 2022 LLYes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of JANUARY 18, 2021 THRU JANUARY 17, 2022. No, I do not wish to renew the agreement for the following reason(s): ZALMAN LAW, P.A. NAME OF COMPANY /111 -% LA A"eL NAME OF REPRESENTATIVE (Please print) DATE ....�.�... EMAIL ADDRESS SIG URE TIT E 5� (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 213 of 896 f' Zalman Law, P.A. ATTORNEY & COUNSELOR 7050 MoWw Drive, Boca Raton, FUds 33433 M Tel. 561.826.4273 Fax. 888 628.2038 January 17, 2018 Sent Via Federal Express To: The City of Boynton Beach Attn: Finance/Procurement Services, Ilyse Triestman, Purchasing Manager 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 Dear Ms. Triestman, Please find enclosed the following documentation: Murry R. Zalman, Esq. HRZWWmanLawF rm.cam AdmftW in Flaida & Califomis • Original AgraggnA for Suecial Magistrate Services • National Surety Corporation Certificate of Liabilib� Tuurance namin`' the fift of BoUton Beach • Pff for Professional 14gkility Polio , Policy Number INO 9000239, National Surety Corporation Do not hesitate to contact me if you need further documentation. Further, I have contacted my insurance agent, David Kramarz, with Anderson Jacoby Insurance and he will also make himself available if we need any further documentation or clarification on the insurance documents for the City of Boynton Beach. Feel free to contact me anytime regarding same and/or David Kramarz at 305.596.0500; dkramarz@anderson-jacoby.com. Thank you kindly and I look forward to hearing from you. Very Truly Yours,. a� Hilary R. Zalman, Esq. for Zalman Law Firm, P.A. Page 1 of 1 Page 214 of 896 AGREEMENT FUR .I IAL MAG TRATE SERVICES THLS AGREEMENT, made and entered into the A day of 2010y and between: CITY OF BOYNTON BEACH, a Florida municipal corporation, having the address, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33425 (hereinafter referred to as "CITY"), 0 Zalman Law, P.A., a Florida corporation, having the business address of 7050 Montrico Drive, Boca Raton, Florida 33433. WITNESSETH: WHEREAS, Chapter 162, Florida Statutes, provides that municipalities may contract with Special Magistrates as an alternative method of hearing code enforcement cases; and WHEREAS, on December 13, 2017, the City issued a Request for Quotations for Community Standards Special Magistrate Services. On or about December 26, 2017, Hilary R. Zalman on behalf of Zalman Law, P.A. submitted a written response to the City's Request for Quotations; and WHEREAS, Hilary R. Zalman (hereinafter referred to as the "SPECIAL MAGISTRATE") is the Director at Zalman Law, P.A. and is qualified to serve as the City's Special Magistrate; and WHEREAS, the SPECIAL MAGISTRATE is not a charter officer of the City of Boynton Beach; and WHEREAS, the SPECIAL MAGISTRATE is not an officer pursuant to Article II, Section 5(a) of the Florida Constitution; and WHEREAS, the SPECIAL MAGISTRATE serves at the pleasure and at the will of the City Commission of CITY; and WHEREAS, CITY and SPECIAL MAGISTRATE, wish to enter into this Agreement in order to set out the terms and conditions related to this appointment; NOW THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and SPECIAL MAGISTRATE agree as follows: I (WZt3 zs., 30&Mie21) Page 1 of 5 Page 215 of 896 , Section 4. Pa :ment, A. CITY agrees to pay SPECIAL MAGISTRATE $85.00 per hour or fractional part thereof for time spent by the SPECIAL MAGISTRATE in preparation and research for special Magistrate hearings, for attendance at such hearings, and if required, for drafting appropriate orders and documents which result from such hearings. B. SPECIAL MAGISTRATE agrees to provide CITY with a monthly invoice outlining the services provided and time billed as SPECIAL MAGISTRATE under the conditions set out in this agreement. Such invoice shall be submitted to: City of Boynton Beach Community Standards Department 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 C. Payment shall be made monthly to the SPECIAL MAGISTRATE and sent by Fust Class U.S. Marl to: Zalman Law, P.A. 7050 Montrico Drive Boca Raton, FL 33433 ATTN: Ms. Hilary R. Zalman, Esquire Section 5. Term of A reement. A. This Agreement shall be effective upon contract execution and shall be effective for an initial one year term, with the option for three one-year renewals. This Agreement with the SPECIAL MAGISTRATE may be terminated by the City at any time and for any reason, without cause. The SPECIAL MAGISTRATE acknowledges that she serves at the will and pleasure of the City Commission B. The Agreement with the SPECIAL MAGISTRATE may be terminated at any time by the City and without cause. The Agreement may be terminated by SPECIAL MAGISTRATE upon thirty (30) calendar days' written notice to the CITY. The notices specified herein shall be sent to the address set forth in Section 4, supra. (oox=5.1 "&mini) Page 3 of 5 Page 216 of 896 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH AND SPECIAL MAGISTRATE have caused these present to be executed in their respective names by the proper officials the day and year first above written. ATTEST; _. Judy Fie, C APPROVED AS TO FORM: O.CEO1'r-"C,AI° I Y State of a County ofl7` CITY OF BOYNTON BEACH, FLORIDA: BY: Lori LaVerriere, City Manager SPECIAL MAGLSTRATE BY: I Mary R. Zal - j Esq_ The foregoing instrument was acknowledged before me, the undersigned Notary Public in and for the State of Florida, on this, the _./�day of y„ �A �/ 201Xby i WITNESS my hand and official seal otary Public, State of ROLANOE M RENAUf1 � iia d� Notary Public - State of Florida, -,c = My Comm. Expires Oct 5, 2010 typed or stamped narne'ofNotary Public �. °�`� Commission # FF 130662 exactly as commissioned Bonded Though National Idn;z Assn. Personally known to me, or Produced identification: htAL9-2 21 36 —3 U e of identification produced) tGM13325.13WM18211 Page 5 of 5 Page 217 of 896 6.H. Consent Agenda 1/4/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 1/4/2022 Requested Action by Commission: Accept FY 20/21 fourth quarter report on operations of the Schoolhouse Children's Museum. Explanation of Request: Per the City's Management Agreement with the Schoolhouse Children's Museum (Boynton Cultural Centre, Inc.), the Executive Director shall submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly scheduled Commission meeting. How will this affect city programs or services? None Fiscal Impact: Alternatives: Do not accept the report. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D AttaclhtirTIENI'lt Description SCM 4: UiairtENrlly IRE)p irk Q4 2020...2021 Page 218 of 896 Hale¢ �Nm�p� � ��n a m. r �i ri ti�m m u a as avi S �.�. oma i ��aau �uni� � u,��d � �1. ° � ��aa Ir f��� Ir s iVll I � S Ni & III A, II!3 NII N G C L Ir4 r I[:" R Quarterly Report FY '20/'21 4th Quarter General Operations The Museum continued to operate at reduced capacity due to the pandemic, however, admissions and membership sales were steady during the fourth quarter of '20/'21 when compared to the previous quarter. Program and group income as well as party facility rental appear to be returning to near pre -pandemic levels. Operational format continued to be two play sessions and an hour and a half closure in between for cleaning and sanitizing. Reservations continue to be required. The Museum's mask policy continued throughout the summer. While there was push back from some guests, most appreciated that our priority was, and continues to be, the safety and wellbeing of the children and families that come through our doors. Revenue As summer is typically our busiest time of year, we realized healthy visitation despite operating at 65% capacity due to COVID-19. Fourth Quarter gross revenue from operations, excluding forgiveness of the PPP Loan was 14% less that the same time period "pre -pandemic." Excluding the City's support, income from operations for FY '20/'21— Q4 was $146,888.85 Expenses Overall Expenses for the fourth quarter of '20/'21 were $149,804.66. Programming Live programming continues and participation was strong. Requests for Outreach and Field Trip programs continue to increase. Respectfully submitted, Suzanne Ross Executive Director Page 219 of 896 Consent Agenda 1/4/2022 Requested Action by Commission: Proposed Resolution No. R22-006 - Approving and authorizing the Mayor to sign the Declaration of Unity of Control with Habitat for Humanity of South Palm Beach County for 127 & 129 NE 12th Avenue to allow for a residential duplex on two separate parcels to be construed in compliance with local zoning requirements. Explanation of Request: Conventional residential zoning (not planned residential district) regulations restrict a duplex to a single parcel. However, in order to facilitate Habitat for Humanity's (HFH) use of a land trust, and ability to still deed each dwelling unit to a separate homeowner, individual parcels must exist for each housing unit per requirements of the lender. The proposed Declaration of Unified Control ensures that the land, despite being in the form of two separate parcels, will otherwise exist like a single, unified parcel given its ownership in entirety by HFH, and given the restrictions of the Declaration on further expansion of the dwellings, and cross -access requirements, in part, for use of and parking on the property. The lender has conditionally approved the surveys showing the split parcel. Once approved, the legal instrument will be recorded, establishing the basis for approving a lot split request. How will this affect city programs or services? The Declaration of Unity of Control will address the need by the lender for each unit of the duplex to have its own property control number, and therefore support Habitat for Humanity's mission to provide housing for low income individuals. 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 220 of 896 Attachments: Type D IRE)S()ll LA ti 0 II'l D AttacftrTIENI'lt Description IRE)SOkAboin approviing DEXJlaratioin of Uirlity of Cointirtfl Uinity of Cointirtfl,I E�Igall aind SLArvey NE 12th Page 221 of 896 1 RESOLUTION NO. R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 DECLARATION OF UNITY OF CONTROL WITH HABITAT FOR 6 HUMANITY OF SOUTH PALM BEACH COUNTY FOR 127 & 129 7 NE 12TH AVENUE TO ALLOW FOR A RESIDENTIAL DUPLEX ON 8 TWO SEPARATE PARCELS TO BE CONSTRUED IN COMPLIANCE 9 WITH LOCAL ZONING REQUIREMENTS; AND PROVIDING AN 10 EFFECTIVE DATE. 11 WHEREAS, conventional residential zoning (not planned residential district) regulations 12 restrict a duplex to a single parcel; and 13 WHEREAS, to facilitate Habitat for Humanity's (HFH) use of a land trust, and ability to still 14 deed each dwelling unit to a separate homeowner, individual parcels must exist for each housing 15 unit per requirements of the lender; and 16 WHEREAS, the proposed Declaration of Unified Control ensures that the land, despite 17 being in the form of two separate parcels, will otherwise exist like a single, unified parcel given its 18 ownership in entirety by HFH, and given the restrictions of the Declaration on further expansion 19 of the dwellings, and cross -access requirements, in part, for use of and parking on the property; 20 and 21 WHEREAS, the City Staff has reviewed the request and recommends approving and 22 authorizing the Mayor to sign the Declaration of Unity of Control with Habitat for Humanity of 23 South Palm Beach County for 127 & 129 NE 12th Avenue to allow for a residential duplex on two 24 separate parcels to be construed in compliance with local zoning requirements. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference. 29 Section 2. The City Commission hereby approves and authorizes the Mayor to sign 30 the Declaration of Unity of Control with Habitat for Humanity of South Palm Beach County for 127 S:\CA\RESO\Approving Declaration Of Unity Of Control Habitat For Humanity (NE 12th) - Reso (00414129xc4b6a).Docx Page 222 of 896 31 & 129 NE 12th Avenue to allow for a residential duplex on two separate parcels to be construed 32 in compliance with local zoning requirements, a copy of which is attached hereto and 33 incorporated herein as Exhibit "A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 4th day of January, 2022 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice -Mayor — Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) VOTE S:\CA\RESO\Approving Declaration Of Unity Of Control Habitat For Humanity (NE 12th) - Reso (00414129xc4b6a).Docx YES NO Page 223 of 896 PREPARED BY AND RETURN TO: Ryan S. Shipp, Esq. Law Office of Ryan S. Shipp, PLLC 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462 561.699.0399 DECLARATION OF UNITY OF CONTROL THIS DECLARATION of Unity of Control ("Declaration") is made this day of 2021, by Habitat for Humanity of South Palm Beach County, Inc., a Florida not for profit corporation ("HABITAT") and the City of Boynton Beach ("BB"). RECITALS: A. WHEREAS, HABITAT is the owner of two (2) separate, but adjoining parcels of real property located within the City of Boynton Beach, in Palm Beach County, Florida, and more particularly described by the legal descriptions as contained on Exhibit "A", attached hereto (collectively the "Property") and further described on the Survey attached hereto as Exhibit "Bl, B. WHEREAS, the Property, and the improvements located thereon, contain a residential villa dwelling structure with two (2) separate units (the "Villa"), which is divided by a party wall; C. WHEREAS, this Declaration shall authorize HABITAT and BB to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; D. WHEREAS, HABITAT and BB have recognized the need for BB to support establishment of affordable housing opportunities within the municipal boundaries of BB due to the ability of HABITAT to leverage its resources for the greater good of citizens of BB; E. WHEREAS, HABITAT intends to have two (2) separate grounds leases, with one (1) ground lease for Parcel "A" and one (1) ground lease for Parcel "B", and each ground lease shall encumber the Property by way of recorded memorandums of ground leases; F. WHEREAS, HABITAT and BB have also recognized that the Property with the Villa thereon may or may not be confirming with current BB zoning and/or planning guidelines (e.g. minimum setback requirements; and G. WHEREAS, in recognizing these facts, HABITAT and BB desire to enter into this Declaration, which provides for the Property owned by HABITAT and located within the boundaries of BB to be used for affordable housing. NOW, THEREFORE, in consideration of the grants and agreements herein made and in consideration of $10.00 in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, HABITAT hereby subjects the Property to the following restrictions: 1) Recitals. The foregoing recitals are incorporated herein by reference as though set forth in detail in this place. Page 1 of 6 Page 224 of 896 2) Unified Control. All structures, uses and parking areas on the Property are owned by HABITAT. In furtherance of the foregoing, the Property shall be deemed to meet all BB zoning and/or planning guidelines requirements as if they are one lot. 3) Easements. HABITAT hereby dedicates, grants and establishes for the benefit of the Property, and the owners of any portion thereof (as well as their employees, agents, guests, invitees, mortgages, tenants, lessees, subtenants, licensees, heirs, successors and assigns) the following easements: a) A non-exclusive easement for the right-of-way of pedestrians and vehicular ingress and egress over, on and across the areas within the Property constituting driveways and roadways, as shown on the Survey. b) A non-exclusive easement for the parking of vehicles over, on and across areas within the Property constituting parking areas. c) A non-exclusive easement for the installation, operation and maintenance of utilities necessary to serve all portions of the Property, including, but not limited to, the right to install, maintain, use, repair and replace underground pipes, ducts, conduits and cables as necessary to transmit and distribute electricity, gas, water, sewer, cable television, drainage, telephone, lighting and other utilities and common public services under such present and future areas of the Property constituting parking areas, driveways and roadways, as shown on the Survey in Exhibit "B", and through the other portions of the Property which specifically provide for and contain such utility lines, provided the same does not materially interfere with the use and enjoyment of any portion of the Property. d) A non-exclusive easement for surface water management and drainage necessary to serve all portions of the Property over, under and across such areas within the Property constituting parking areas, driveways and roadways, as shown on the Survey which specifically provide for and contains surface water management and drainage facilities, provided the same does not materially interfere with the use and enjoyment of any portion of the Property. e) HABITAT or HABITAT's lessee(s), which will be agreed upon by way of separate agreement(s), shall provide for the perpetual operation and maintenance of all shared/common facilities, and improvements, which are not provided, operated or maintained at public expense. 4) Covenants Run with the Land. All of the covenants, easements and restrictions herein will be perpetual and will constitute covenants running with the land, will be binding upon any and all persons and entities, their respective successors in interest, assigns, heirs and personal representatives having or hereafter acquiring any right, title or interest in and to all or any portion of the Property, and all benefits deriving therefrom will accrue to the benefit of all persons and entities, their respective successors in interest, tenants, lessees, licensees, assigns, heirs and personal representatives having or hereafter acquiring any right, title or interest in all or any portion of the Property. 5) Modification and Termination. This Declaration may not be terminated or modified in any way except by means of an instrument executed by HABITAT after the prior written consent of BB. 6) Owners' Restrictions. a) Subsequent to the execution of this Declaration, if necessary, HABITAT may apply for and obtain two (2) separate parcel control numbers and/or legal descriptions prepared for the Page 2 of 6 Page 225 of 896 area to be occupied by each of the units in the Villa, as described in the Survey, for the purpose of mortgage financing and 99 -year ground leases; b) No unit owner, tenant, lessee, mortgagor, or any other person or entity holding an interest in any one of the units in the Villa shall be allowed to construct, expand or build beyond the "footprint" of the Villa, construct accessory structures, sheds or patios or any similar structure. Provided, however, a unit owner, tenant, lessee, mortgagor or any other person or entity holding an interest in any one of the units, may construct a fence on the side and rear boundaries of leased area, subject to all permitting requirements of BB and/or Palm Beach County. c) In regards to Parcel "A" and Parcel "B", HABITAT shall take or fail to take any action, or do or fail to do anything which would, or have the effect of, impeding, obstructing or preventing any other person or entity having rights under this Declaration from their full and complete use and enjoyment of the easements herein granted. Without limiting the generality of the foregoing, free and full access to, from and across all portions of the Property which constitute parking areas, driveways and roadways contained on the Survey shall not be blocked, obstructed or impeded. 7) Miscellaneous. a) Each covenant in this Declaration is an independent and separate covenant. If any term or provision of the Declaration or the application thereof to any person or circumstance should to any extent be invalid or unenforceable, the remainder of the Declaration and application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable will not be affected thereby, and each term and provision of this Declaration will be valid enforceable to the fullest extent permitted by law. b) This covenant shall be recorded in the Public Records of Palm Beach County Florida. (1) A condition of this Declaration is that HABITAT shall file a Release of Declaration of Unity of Title (the "Release"), to the Unity of Title, which was recorded on November 28, 2021 in the Office of the Clerk of the Circuit Court of Palm Beach County, Florida, in Official Records Book 30269 Pages 1346-1348; (2) Said Release shall be approved and signed by BB; and (3) Upon the filing of the Release, the County is instructed to have the legal descriptions reflected in Exhibit "A" hereto, be the new legal descriptions for Parcel "A" and Parcel «B„ c) Failure of any party to insist upon or enforce its rights under this Declaration will not constitute a waiver of such rights. d) This Declaration and the rights created hereby, including, but not limited to, the cross easements shall be paramount and superior to all leases, conveyances, transfers, assignments, contracts, mortgages, deeds of trust and other encumbrances affecting the Property, from and after the date of recording of this Declaration. Any person acquiring possession to, title of, or interest in the Property or any portion thereof shall do so subject to this Declaration. Any transferee of any interest in any portion of the Property by any means whatsoever shall be deemed, by acceptance of such interest, to have agreed to be bound by all of the provisions of this Declaration. Nothing contained in this Declaration shall preclude HABITAT or their successors in interest to the Property, from imposing further covenants not inconsistent with the terms and conditions of this Declaration. Page 3 of 6 Page 226 of 896 e) Third Party beneficiary Palm Beach County has the right to enforce the Declaration through legal, equitable or administrative proceedings. f) The venue for any legal action regarding this covenant shall be in Palm Beach County Florida. g) Venue for any legal proceeding regarding this Declaration shall be in Palm Beach County, Florida. IN WITNESS WHEREOF, this instrument is executed on the day and year first above written. CITY OF BOYNTON BEACH ATTEST: By: [CLERK] By. [MAYOR] APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: [CITY ATTORN EY] HABITAT FOR HUMANITY OF SOUTH PALM BEACH, INC. By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: [ATTORNEY] Page 4 of 6 Page 227 of 896 EXHIBIT "A" Parcel Control Number: 08-43-45-21-20-004-0190 Lot 19, Block 4, HAPPY HOME HEIGHTS, according to the plat thereof as recorded in Plat Book 11, Page(s) 30, of the Public Records of Palm Beach County, Florida And Parcel Control Number: 08-43-45-21-20-004-0200 Lot 20, Block 4, HAPPY HOME HEIGHTS, according to the plat thereof as recorded in Plat Book 11, Page(s) 30, of the Public Records of Palm Beach County, Florida Page 5 of 6 Page 228 of 896 EXHIBIT "B" SURVEY ATTACHED HERETO Page 6 of 6 Page 229 of 896 I |� f�I I 1 | � �■ i � � � �� § § � / d .21 \ ) 'm § /■�| � ■ q q � �2 � ■ I /s � |\_! �#� k�\2� @ $ ■ § > |kP k � � � � � � k� � f � X■N v s = Page 230 0 M. Consent Agenda 1/4/2022 Requested Action by Commission: Proposed Resolution No. R22-007 - Approving and authorizing the Mayor to sign the Declaration of Unity of Control with Habitat for Humanity of South Palm Beach County for Lots 1118 & 1120 NE 2nd Street to allow for a residential duplex on two separate parcels to be construed in compliance with local zoning requirements. Explanation of Request: Conventional residential zoning (not planned residential district) regulations restrict a duplex to a single parcel. However, in order to facilitate Habitat for Humanity's (HFH) use of a land trust, and ability to still deed each dwelling unit to a separate homeowner, individual parcels must exist for each housing unit per requirements of the lender. The proposed Declaration of Unified Control ensures that the land, despite being in the form of two separate parcels, will otherwise exist like a single, unified parcel given its ownership in entirety by HFH, and given the restrictions of the Declaration on further expansion of the dwellings, and cross -access requirements, in part, for use of and parking on the property. The lender has conditionally approved the surveys showing the split parcel. Once approved, the legal instrument will be recorded, establishing the basis for approving a lot split request. How will this affect city programs or services? The Declaration of Unity of Control will address the need by the lender for each unit of the duplex to have its own property control number, and therefore support Habitat for Humanity's mission to provide housing for low income individuals. Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Page 231 of 896 Type A ttac h rTIE) II'l t Description IRE)SOkAboin approviing IDEXJlalrahoin of Uirlity of Cointirtfl DE)Cbrahoin of Uinity of CointirtflI E�Igall aind SLArvey (NE 21nd) Page 232 of 896 1 RESOLUTION NO. R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 DECLARATION OF UNITY OF CONTROL WITH HABITAT FOR 6 HUMANITY OF SOUTH PALM BEACH COUNTY FOR LOTS 1118 7 & 1120 NE 2nd STREET TO ALLOW FOR A RESIDENTIAL DUPLEX 8 ON TWO SEPARATE PARCELS TO BE CONSTRUED IN 9 COMPLIANCE WITH LOCAL ZONING REQUIREMENTS; AND 10 PROVIDING AN EFFECTIVE DATE. 11 WHEREAS, conventional residential zoning (not planned residential district) regulations 12 restrict a duplex to a single parcel; and 13 WHEREAS, to facilitate Habitat for Humanity's (HFH) use of a land trust, and ability to still 14 deed each dwelling unit to a separate homeowner, individual parcels must exist for each housing 15 unit per requirements of the lender; and 16 WHEREAS, the proposed Declaration of Unified Control ensures that the land, despite 17 being in the form of two separate parcels, will otherwise exist like a single, unified parcel given its 18 ownership in entirety by HFH, and given the restrictions of the Declaration on further expansion 19 of the dwellings, and cross -access requirements, in part, for use of and parking on the property; 20 and 21 WHEREAS, the City Staff has reviewed the request and recommends approving and 22 authorizing the Mayor to sign the Declaration of Unity of Control with Habitat for Humanity of 23 South Palm Beach County for 1118 & 1120 NE 2nd Street to allow for a residential duplex on two 24 separate parcels to be construed in compliance with local zoning requirements. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference. 29 Section 2. The City Commission hereby approves and authorizes the Mayor to sign 30 the Declaration of Unity of Control with Habitat for Humanity of South Palm Beach County for S:\CA\RESO\Approving Declaration Of Unity Of Control Habitat For Humanity (NE 2nd) - Reso . DOCX Page 233 of 896 31 1118 & 1120 NE 2nd Street to allow for a residential duplex on two separate parcels to be construed 32 in compliance with local zoning requirements, a copy of which is attached hereto and 33 incorporated herein as Exhibit "A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 4th day of January, 2022 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 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:\CA\RESO\Approving Declaration Of Unity Of Control Habitat For Humanity (NE 2nd) - Reso . DOCX Page 234 of 896 PREPARED BY AND RETURN TO: Ryan S. Shipp, Esq. Law Office of Ryan S. Shipp, PLLC 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462 561.699.0399 DECLARATION OF UNITY OF CONTROL THIS DECLARATION of Unity of Control ("Declaration") is made this day of __ 2021, by Habitat for Humanity of South Palm Beach County, Inc., a Florida not for profit corporation ("HABITAT") and the City of Boynton Beach ("1313"). RECITALS: A. WHEREAS, HABITAT is the owner of two (2) separate, but adjoining parcels of real property located within the City of Boynton Beach, in Palm Beach County, Florida, and more particularly described by the legal descriptions as contained on Exhibit "A", attached hereto (collectively the "Property") and further described on the Survey attached hereto as Exhibit "B". B. WHEREAS, the Property, and the improvements located thereon, contain a residential duplex dwelling structure with two (2) separate units (the "Duplex"), which is divided by a party wall; C. WHEREAS, this Declaration shall authorize HABITAT and BB to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; D. WHEREAS, HABITAT and BB have recognized the need for BB to support establishment of affordable housing opportunities within the municipal boundaries of BB due to the ability of HABITAT to leverage its resources for the greater good of citizens of BB; E. WHEREAS, HABITAT intends to have two (2) separate grounds leases, with one (1) ground lease for Parcel "A" and one (1) ground lease for Parcel "B", and each ground lease shall encumber the Property by way of recorded memorandums of ground leases; F. WHEREAS, HABITAT and BB have also recognized that the Property with the Duplex thereon may or may not be confirming with current BB zoning and/or planning guidelines (e.g. minimum setback requirements; and G. WHEREAS, in recognizing these facts, HABITAT and BB desire to enter into this Declaration, which provides for the Property owned by HABITAT and located within the boundaries of BB to be used for affordable housing. NOW, THEREFORE, in consideration of the grants and agreements herein made and in consideration of $10.00 in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, HABITAT hereby subjects the Property to the following restrictions: 1) Recitals. The foregoing recitals are incorporated herein by reference as though set forth in detail in this place. Page 1 of 6 Page 235 of 896 2) Unified Control. All structures, uses and parking areas on the Property are owned by HABITAT. In furtherance of the foregoing, the Property shall be deemed to meet all BB zoning and/or planning guidelines requirements as if they are one lot. 3) Easements. HABITAT hereby dedicates, grants and establishes for the benefit of the Property, and the owners of any portion thereof (as well as their employees, agents, guests, invitees, mortgages, tenants, lessees, subtenants, licensees, heirs, successors and assigns) the following easements: a) A non-exclusive easement for the right-of-way of pedestrians and vehicular ingress and egress over, on and across the areas within the Property constituting driveways and roadways, as shown on the Survey. b) A non-exclusive easement for the parking of vehicles over, on and across areas within the Property constituting parking areas. c) A non-exclusive easement for the installation, operation and maintenance of utilities necessary to serve all portions of the Property, including, but not limited to, the right to install, maintain, use, repair and replace underground pipes, ducts, conduits and cables as necessary to transmit and distribute electricity, gas, water, sewer, cable television, drainage, telephone, lighting and other utilities and common public services under such present and future areas of the Property constituting parking areas, driveways and roadways, as shown on the Survey in Exhibit "B", and through the other portions of the Property which specifically provide for and contain such utility lines, provided the same does not materially interfere with the use and enjoyment of any portion of the Property. d) A non-exclusive easement for surface water management and drainage necessary to serve all portions of the Property over, under and across such areas within the Property constituting parking areas, driveways and roadways, as shown on the Survey which specifically provide for and contains surface water management and drainage facilities, provided the same does not materially interfere with the use and enjoyment of any portion of the Property. e) HABITAT or HABITAT's lessee(s), which will be agreed upon by way of separate agreement(s), shall provide for the perpetual operation and maintenance of all shared/common facilities, and improvements, which are not provided, operated or maintained at public expense. 4) Covenants Run with the Land. All of the covenants, easements and restrictions herein will be perpetual and will constitute covenants running with the land, will be binding upon any and all persons and entities, their respective successors in interest, assigns, heirs and personal representatives having or hereafter acquiring any right, title or interest in and to all or any portion of the Property, and all benefits deriving therefrom will accrue to the benefit of all persons and entities, their respective successors in interest, tenants, lessees, licensees, assigns, -heirs and personal representatives having or hereafter acquiring any right, title or interest in all or any portion of the Property. 5) Modification and Termination. This Declaration may not be terminated or modified in any way except by means of an instrument executed by HABITAT after the prior written consent of BB. 6 Owners Restrictions, a) Subsequent to the execution of this Declaration, if necessary, HABITAT may apply for and obtain two (2) separate parcel control numbers and/or legal descriptions prepared for the area Page 2 of 6 Page 236 of 896 to be occupied by each of the units in the Duplex, as described in the Survey, for the purpose of mortgage financing and 99 -year ground leases; b) No unit owner, tenant, lessee, mortgagor, or any other person or entity holding an interest in any one of the units in the Duplex shall be allowed to construct, expand or build beyond the "footprint" of the Duplex, construct accessory structures, sheds or patios or any similar structure. Provided, however, a unit owner, tenant, lessee, mortgagor or any other person or entity holding an interest in any one of the units, may construct a fence on the side and rear boundaries of leased area, subject to all permitting requirements of BB and/or Palm Beach County. c) In regards to Parcel "A" and Parcel "B", HABITAT shall take or fail to take any action, or do or fail to do anything which would, or have the effect of, impeding, obstructing or preventing any other person or entity having rights under this Declaration from their full and complete use and enjoyment of the easements herein granted. Without limiting the generality of the foregoing, free and full access to, from and across all portions of the Property which constitute parking areas, driveways and roadways contained on the Survey shall not be blocked, obstructed or impeded. 7) Miscellaneous. a) Each covenant in this Declaration is an independent and separate covenant. If any term or provision of the Declaration or the application thereof to any person or circumstance should to any extent be invalid or unenforceable, the remainder of the Declaration and application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable will not be affected thereby, and each term and provision of this Declaration will be valid enforceable to the fullest extent permitted by law. b) This covenant shall be recorded in the Public Records of Palm Beach County Florida. i) A condition of this Declaration is that HABITAT shall file a Release of Declaration of Unity of Title (the "Release"), to the Unity of Title, which was recorded in the Public of Records of Palm Beach County on November 28, 2018, Book 30269, Page 1349; ii) Said Release shall be approved and signed by BB; and iii) Upon the filing of the Release, the County is instructed to have the legal descriptions reflected in Exhibit "A" hereto, be the new legal descriptions for Parcel "A" and Parcel "B". c) Failure of any party to insist upon or enforce its rights under this Declaration will not constitute a waiver of such rights. d) This Declaration and the rights created hereby, including, but not limited to, the cross easements shall be paramount and superior to all leases, conveyances, transfers, assignments, contracts, mortgages, deeds of trust and other encumbrances affecting the Property, from and after the date of recording of this Declaration. Any person acquiring possession to, title of, or interest in the Property or any portion thereof shall do so subject to this Declaration. Any transferee of any interest in any portion of the Property by any means whatsoever shall be deemed, by acceptance of such interest, to have agreed to be bound by all of the provisions of this Declaration. Nothing contained in this Declaration shall preclude HABITAT or their successors in interest to the Property, from imposing further covenants not inconsistent with the terms and conditions of this Declaration. Page 3 of 6 Page 237 of 896 e) Third Party beneficiary Palm Beach County has the right to enforce the Declaration through legal, equitable or administrative proceedings. f) The venue for any legal action regarding this covenant shall be in Palm Beach County Florida. g) Venue for any legal proceeding regarding this Declaration shall be in Palm Beach County, Florida. IN WITNESS WHEREOF, this instrument is executed on the day and year first above written. CITY OF BOYNTON BEACH ATTEST: By: [CLERK] 0 APPROVED AS TO FORM AND LEGAL SUFFICIENCY LO [CITY ATTORNEY] HABITAT FOR HUMANITY OF SOUTH PALM BEACH, INC. By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY 1 [ATTORNEY] Page 4 of 6 [MAYOR] Page 238 of 896 EXHIBIT "A" DESCMP7701V- (PARCEL A ) THE WEST HALF OF LOT 9 AND ALL OF LOT 10, BLOCK 4, MEEKS AND ANDREWS ADDITION TO BOYNTON BEACH, FLORIDA, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK 5, PAGE 84, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE FOLLOWING DESCRIBED PARCEL. BEGNNNG AT THE SOUTHWEST CORNER OF SAID LOT 10,• THENCE NORTHERLY, ALONG THE WEST LINE OF SAID LOT 10, A DISTANCE OF 73.54 FEET TO A POINT; THENCE EASTERLY AT AN ANGLE OF 900000" AS MEASURED FROM SOUTH TO EAST, A DISTANCE OF 74.97 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF SAID LOT 9 THENCE SOU Tl-ERLY AT AN ANGLE OF 90000'00" AS MEASURED FROM WEST TO SOUTH, ALONG SAID EAST LINE, A DISTANCE OF 75.66 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF SAID LOT 9. THENCE WESTERLY ALONG THE SOUTH UNE OF SAID LOTS 9 AND 10, A DISTANCE OF 75.00 FEET TO THE POINT OF BEGINNING. DESCRIPTION.• (PARCEL B) THAT PORTION OF THE WEST HALF OF LOT 9 AND ALL OF LOT 10, BLOCK 4, MEEKS AND ANDREWS ADD177ON TO BOYNTON BEACH FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 84, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 10,• THENCE NORTHERL Y, ALONG THE WEST LINE OF SAID LOT 10, A DISTANCE OF 73.54 FEET TO A POINT; THENCE EASTERLY AT AN ANGLE OF 9000000" AS MEASURED FROM SOUTH TO EAST, A DISTANCE OF 74.97 FEET TO A POINT ON THE EAST UNE OF THE WEST HALF OF SAID LOT 9,THENCE SOU THERL Y A T AN ANGLE OF 90000'00" AS MEASURED FROM WEST TO SOUTH, ALONG SAID EAST UNE, A DISTANCE OF 75.66 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF SAID LOT 9. THENCE WESTERL Y ALONG THE SOUTH LINE OF SAID LOTS 9 AND 10, A DISTANCE OF 75.00 FEET TO THE POINT OF BEG/NN1NG. Page 5 of 6 Page 239 of 896 EXHIBIT "B" SURVEY ATTACHED HERETO Page 6 of 6 Page 240 of 896 NE 2\0 5M97 gjs gin W. N 0`2 INN I I vz 69 4T N Ng m A M 2,15 IS n, "9!§- 1 N Fq nil i PIN 0 T I 0 tl BLOCK 4 g In . ... ... .... . . ...... SLUM . . . ...... . .. L 0 T 94 at O C K LOT 9 BLOCK gjs gin W. N 0`2 INN I I vz 69 4T N Ng m A M 2,15 IS n, "9!§- 1 N Fq nil i PIN - � 3 g In gjs gin W. N 0`2 INN I I vz 69 4T N Ng m 2,15 IS n, "9!§- 1 N Fq g In gjs gin W. N 0`2 INN I I vz 69 4T N '10 age f41 _Df N Ng m 2,15 IS n, "9!§- 1 N Fq '10 age f41 _Df N 6.K. Consent Agenda 1/4/2022 Requested Action by Commission: Proposed Resolution No. R22-008 - Authorize the City Manager to sign Grant Agreement No. 22RRE09 with the Florida Department of Environmental Protection, and a Professional Services Agreement with Collective Water Resources, LLC, for the Coastal Resilience Partnership of Southeast Palm Beach County Vulnerability Assessment Update for a reimbursement amount of up to $74,000. Explanation of Request: On May 12, 2021, Governor Ron DeSantis signed into law Senate Bill 1954, now Section 380.093, F.S. This comprehensive legislation ensures a coordinated approach to Florida's coastal and inland resiliency and will yield the largest investment in Florida's history to prepare communities for the impacts of climate change — including sea level rise, intensified storms and flooding. The provisions within the legislation include, among others, establishing the Resilient Florida Grant Program within the Department of Environmental Protection (DEP) to fund the costs of community resilience planning, providing requirements for certain local government vulnerability assessments and resulting datasets; and authorizing local governments, regional resilience entities, water management districts, and flood control districts to annually submit proposed projects to the department for inclusion in a Statewide Flooding and Sea Level Rise Resilience Plan. The Coastal Resilience Partnership of Southeast Palm Beach County (CRP) completed a Climate Change Vulnerability Assessment (CCVA) for the jurisdictions of Boynton Beach, Boca Raton, Delray Beach, Highland Beach, Ocean Ridge, Lantana, Lake Worth Beach, and a portion of unincorporated Palm Beach County in July 2021. The CCVA meets many of the requirements of the new legislation (Section 380.093, F.S.), but the analysis needs to be expanded to become fully compliant and thus enable the City of Boynton Beach and other CRP communities to effectively compete for funding in future Resilient Florida Grant cycles. The attached grant agreement between DEP and the City of Boynton Beach will fund the Vulnerability Assessment Update at a cost of $74,000 by the agreement end date of June 30, 2022. The City will contract with Collective Water Resources, LLC as a single source vendor based on the project being a straightforward update to the work recently completed by this vendor in 2021. The DEP acknowledges the use of the single source procurement method and identifies Collective Water Resources, LLC as the subcontractor in the grant agreement. How will this affect city programs or services? Completing this project will ensure that the CCVA is compliant with the requirements of the state statute, enabling the City of Boynton Beach to effectively compete for funding of resilient infrastructure projects in future Resilient Florida Grant cycles. Fiscal Impact: There is no impact to the City's budget. The $74,000 to complete the plan update will be reimbursed by DEP per the terms of the grant agreement. No matching funds are required. Alternatives: • Not sign the Grant Agreement with DEP and forfeit the Grant funds Page 242 of 896 • Not sign the Professional Services Agreement with Collective Water Resources, LLC Strategic Plan: Public Health and Safety , Environmental Sustainability Strategic Plan Application: The City is including climate resilience in priorities of the 5 -Year Strategic Plan. Climate Action Application: CCVA Recommendation #FF -BB -5: Begin preparing key findings of this study to compete for funding with the landmark `Always Ready' resilience law. Is this a grant? Yes Grant Amount: $74,000 Attachments: Type D RE)Sa:allLAti0111 DgirEs'E)rTIE)111 I DgirEs'E)rTIE)111 I D SCfllE) Sa:aLArCE) II.....eltENr Description RE)SCfllUltia:air: alplpiroviir:g th E) II:::UC:::: F1 IRE)SillliEsir:t Il::lloirida (34'a intgirEsIENrTIE)i t and CCfl1E1CtliV(s Wa tEIir I: E)S0LAirC2,sgrEs1ENrYIEN11I DIl:::.lF1 (34'air:t girE)E)rT1Es1r:t 2ZIf IfSII:::. 0 CCfl1E1K:tliVE) Wa tE)r IlRE)S:aLAra::E)sAgirE)E)irT1Esir:t CIRFI VLA111E)ralbilllity a:>W:>Esa: SrTIENnI Upda tE) S iir:gE) Sa:aLArCE) Jl L.aiStiflica tioin Ca:allllEha', VE) Wa tE)r I: E)S0LAiraCss Page 243 of 896 1 RESOLUTION NO. R22 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN GRANT 5 AGREEMENT NO. 22RRE09 WITH THE FLORIDA DEPARTMENT OF 6 ENVIRONMENTAL PROTECTION, AND A PROFESSIONAL SERVICES 7 AGREEMENT WITH COLLECTIVE WATER RESOURCES, LLC, FOR THE 8 COASTAL RESILIENCE PARTNERSHIP OF SOUTHEAST PALM BEACH 9 COUNTY VULNERABILITY ASSESSMENT UPDATE FOR A 10 REIMBURSEMENT AMOUNT OF UP TO $74,000.00; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, on May 12, 2021, Governor Ron DeSantis signed into law Senate Bill 15 1954, now Section 380.093, F.S., which comprehensive legislation ensures a coordinated 16 approach to Florida's coastal and inland resiliency and will yield the largest investment in 17 Florida's history to prepare communities for the impacts of climate change — including sea 18 level rise, intensified storms and flooding; and 19 WHEREAS, The Coastal Resilience Partnership of Southeast Palm Beach County 20 (CRP) completed a Climate Change Vulnerability Assessment (CCVA) for the jurisdictions 21 of Boynton Beach, Boca Raton, Delray Beach, Highland Beach, Ocean Ridge, Lantana, Lake 22 Worth Beach, and a portion of unincorporated Palm Beach County in July 2021; and 23 WHEREAS, The CCVA meets many of the requirements of the new legislation 24 (Section 380.093, F.S.), but the analysis needs to be expanded to become fully compliant 25 and thus enable the City of Boynton Beach and other CRP communities to effectively 26 compete for funding in future Resilient Florida Grant cycles; and 27 WHEREAS, The attached grant agreement between DEP and the City of Boynton 28 Beach will fund the Vulnerability Assessment Update at a cost of $74,000 by the agreement 29 end date of June 30, 2022. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 31 OF BOYNTON BEACH, FLORIDA, THAT: 32 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption S:ACA\RESO\Agreements\Grants\EDEP Resilient Florida Grant - Reso.Docx Page 244 of 896 35 36 37 38 39 40 41 42 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 hereof. Section 2. The City Commission approves and authorizes the City Manager to sign the Grant Agreement No. 22RRE09 with the Florida Department of Environmental Protection, attached hereto and incorporated herein as Exhibit "A", and a Professional Services Agreement with Collective Water Resources, LLC, for the Coastal Resilience Partnership of Southeast Palm Beach County Vulnerability Assessment Update for a reimbursement amount of up to $74,000.00, attached hereto and incorporated herein as Exhibit "B". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 4th day of January, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\RESO\Agreements\Grants\EDEP Resilient Florida Grant - Reso.Docx VOTE YES NO Page 245 of 896 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant ALYreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: Coastal Resilience Partnership of Southeast Palm Beach County Vulnerability Assessment Update 22RRE09 2. Parties: State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: City of Boynton Beach Entity Type: Local Government Grantee Address: 100 E. Ocean Avenue, Boynton Beach, Florida 33435 FEID: 59-6000282 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution 6/30/2022 4. Project Number: ProjectLocation(s): (IfdifferentfromAgreement Number) Palm Beach County 0 Project Description: The project consists of a vulnerability assessment update for southeast Palm Beach County. 5. Total Amount of Funding: $74,000.00 Funding Source? Award #s or Line Item Appropriations: Amount per Source(s): ® State ❑Federal 1696A $74,000.00 ❑ State ❑Federal ❑ Grantee Match Total Amount of Funding + Grantee Match, if any: $74,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Lisa Widener Name: Rebecca Harvey or successor Address: Resilient Florida Pro 2600 Blair Stone Road, MS235 Tallahassee, Florida 32399 Phone: 850-245-8323 Address: City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, Florida 33435 Phone: 561-742-6494 or successor Email: Lisa.Widener@FloridaDEP.gov Email: HarveyR@bbfl.us 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: W Attachment 1: Standard Terms and Conditions Applicable to All Grant Agreements W Attachment 2: Special Terms and Conditions C6 Attachment 3: Grant Work Plan 0 Attachment 4: Public Records Requirements W Attachment 5: Special Audit Requirements W Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at https:Hfacts.fldfs.com, in accordance with § 215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): V Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form 2 Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements for Grants ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo 0 Additional Exhibits (if necessary): Exhibit F: Final Report Form, Exhibit G: Photographer Release Form DEP Agreement No. 22RRE09 Rev. 6/20/18 Page 246 of 896 8. The following information applies to Federal Grants only and is identified in accordance with 2 C.F.R. § 200.331(a)(1): Federal Award Identification Numbers (FAIN): Federal Award Date to Department. Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. City of Boynton Beach Grantee Name (Authorized Signature) Print Name and Title of Person Signing GRANTEE Date Signed State of Florida Department of Environmental Protection DEPARTMENT Secretary or Designee Print Name and Title of Person Signing Z Additional signatures attached on separate page. DEP Agreement No. 22RRE09 Date Signed Rev. 6/20/18 Page 247 of 896 ORCP Additional Signatures DEP Grant Manager DEP QC Reviewer Local Sponsor may add additional signatures if needed below. Page 248 of 896 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1of12 Rev. 10/18/2021 Page 249 of 896 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement Attachment 1 2of12 Rev. 10/18/2021 Page 250 of 896 the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. C. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. 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, which can be accessed at the following web address: https://www.rnyfloridacfo.comn Division/AA/Manuals/documents/ReferenceGuideforSt,iteExgeIditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridacfo.comn Division/AA/Vendors/def,lult.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. Attachment 1 3of12 Rev. 10/18/2021 Page 251 of 896 b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting Attachment 1 4of12 Rev. 10/18/2021 Page 252 of 896 acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other Attachment 1 5of12 Rev. 10/18/2021 Page 253 of 896 obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. Attachment 1 6of12 Rev. 10/18/2021 Page 254 of 896 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee 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 Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or Attachment 1 7of12 Rev. 10/18/2021 Page 255 of 896 otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Enti . Crime. 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, 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 submitbids, proposals, orreplies on leases of real property to apublic entity; may notbe awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate 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. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Attachment 1 8of12 Rev. 10/18/2021 Page 256 of 896 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.mvflorida.com/library-archives/records-managers Hent/general-records-schedules. 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; Attachment 1 9of12 Rev. 10/18/2021 Page 257 of 896 ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:A\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. Attachment 1 10 of 12 Rev. 10/18/2021 Page 258 of 896 c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable forperformance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Compensation Report. If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual Attachment 1 11 of 12 Rev. 10/18/2021 Page 259 of 896 reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 38. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 10/18/2021 Page 260 of 896 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.22RRE09 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is the Coastal Resilience Partnership of Southeast Palm Beach County Vulnerability Assessment Update. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are no extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pa. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. © ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Attachment 2 1 of 2 Rev. 8/19/2021 Page 261 of 896 Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. Documentary Evidence Requirement for Subcontractor(s). If any work associated with this Agreement is completed by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has fully performed its Project obligation(s). The Grantee shall forward copies of all such documentary evidence to the Department with the Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement (Grant Work Plan). Attachment 2 2of2 Rev. 8/19/2021 Page 262 of 896 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN DEP AGREEMENT NO.: 22RRE09 ATTACHMENT 3 I. TITLE PAGE 1. PROJECT TITLE: Coastal Resilience Partnership of Southeast Palm Beach County Vulnerability Assessment Update 2. GRANTEE Contact Information: Organization Name: City of Boynton Beach Name of Authorized Signer: Lori LaVerriere Title: City Manager Address: 100 E. Ocean Avenue City: Boynton Beach Zip Code: 33435 Area Code and Telephone Number: 561-742-6010 E-mail Address: LaVerriereL&bbfl.us 3. GRANT MANAGER Contact Information: Organization Name: City of Boynton Beach Name: Rebecca Harvey Title: Sustainability Coordinator Address: 100 E. Ocean Avenue City: Boynton Beach Zip Code: 33435 Area Code and Telephone Number: 561-742-6494 E-mail Address: HarveyEabbfl.us 4. FISCAL AGENT Contact Information: Organization Name: City of Boynton Beach Name: Corinne Elliot Title: Deputy Finance Director Address: 100 E. Ocean Avenue City: Boynton Beach Zip Code: 33435 Area Code and Telephone Number: 561-742-6311 Attachment 3, DEP Agreement 4: 22RRE09 1 of 6 Rev. 11/8/2021 Page 263 of 896 E-mail Address: ElliotC&bbfl.us 5. WORK PERFORMED BY: Sub -Contractor Onl 6. SUBCONTRACTOR'S CONTACT INFORMATION: (f applicable & known) Organization Name: Collective Water Resources, LLC Name: Elizabeth Perez Title: President Address: 250 S. Australian Ave., Suite 1110 City: West Palm Beach Zip Code: 33401 Area Code and Telephone Number: 561-779-3552 E-mail Address: LPerez&collectivewater.com 7. PROJECT LOCATION: A. List of County(ies): Palm Beach County B. List of City(ies)/Town(s)/Village(s): Cities of Boynton Beach, Boca Raton, Delray Beach, and Lake Worth Beach; Towns of Highland Beach, Ocean Ridge, and Lantana; and a portion of unincorporated Palm Beach County C. State Lands Lease Agreement Number(s): N/A Provide lease agreement number(s) for any work that will be performed on State Lands. If work will not be on any state lands, please indicate N/A. Remainder of this page intentionally left blank. Attachment 3, DEP Agreement 4: 22RRE09 2of6 Rev. 11/8/2021 Page 264 of 896 IL WORK PLAN 8. PROJECT DESCRIPTION: The Coastal Resilience Partnership of Southeast Palm Beach County (CRP) completed a Climate Change Vulnerability Assessment (CCVA) for the jurisdictions of Boynton Beach, Boca Raton, Delray Beach, Highland Beach, Ocean Ridge, Lantana, Lake Worth Beach, and a portion of unincorporated Palm Beach County in July 2021. The CCVA meets many of the requirements of the new Resilient Florida Grant Program (Section 380.093, Florida Statute (F.S.)), but the analysis needs to be expanded to include the National Oceanic and Atmospheric Administration (NOAA) intermediate -low and intermediate -high sea level rise projections for 2040 and 2070 to be compliant. The new analysis will update storm surge and tidal flooding for all critical assets per the statute for the entire Project Location as well as incorporate the updated Federal Emergency Management Agency (FEMA) coastal hazard maps for Palm Beach County, if available. 9. BUDGET SUMMARY: Allowable budget categories, form of payment, and cost for each task for this project are listed in the table below. ALLOWABLE PROJECT BUDGET DETAIL A. CONTRACTUAL SERVICES: CONTRACTUAL SERVICES BUDGET DETAIL Company Name* Task 1 Task 2 Task 3 Total Grant Budget Categories Payment Task 1 Task 2 Task 3 Amount Depth and Elevation Rasters Contractual Total by $32,000 Awarded Contractual Reimbursement $32,000 $30,000 $12,000 $74,000 Services $74,000 GRANT AGREEMENT TOTAL $32,000 $30,000 $12,000 $74,000 A. CONTRACTUAL SERVICES: CONTRACTUAL SERVICES BUDGET DETAIL Company Name* Task 1 Task 2 Task 3 Total Collective Water $32,000 $30,000 $12,000 $74,000 Resources, LLC. $32,000 Depth and Elevation Rasters Contractual Total by $32,000 $30,000 $12,000 $74,000 Tasks Technical Memorandum 6/1/2022 $12,000 Grant Total 10. PROJECT TIMELINE: The tasks must be completed by, and all deliverables received by, the corresponding task due date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Requests for any change must be submitted prior to the current task due date listed in the project timeline. Requests are to be sent via separate email to the Department's Grant Manager, with the details of the request being made and the reason for the request. PROJECT TIMELINE Task Task Title Task Due Funding No. Date Amount 1 Tidal Flooding and Storm Surge 6/1/2022 $32,000 Depth and Elevation Rasters 2 Updated Asset Vulnerability Analysis 6/1/2022 $30,000 3 Technical Memorandum 6/1/2022 $12,000 Grant Total $74,000 Attachment 3, DEP Agreement 4: 22RRE09 3 of 6 Rev. 11/8/2021 Page 265 of 896 11. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task via one (1) PDF document to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The Department's Grant Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description, to include any work being performed by any subcontractor(s). Upon review and written acceptance by the Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment request submittal. 12. CONSEQUENCES FOR NON-PERFORMANCE: The Department will reduce each Task Funding Amount by five percent (5%) for every day that the task deliverable(s) are not received on the specified due date listed in the Agreement's most recent Pro] ect Timeline. Should a Change Order or Amendment be requested on the date of or after the most current task due date, the five percent (5%) reduction of that Task Funding Amount will be imposed until the date of the requested change is received, via email by the Department. 13. PAYMENT REQUEST SCHEDULE: Grantee may submit a request for the Task Funding Amount to be paid using the Exhibit C, after all deliverables for that task have been approved by the Department. Request(s) for payment must include the Exhibit A showing one hundred percent (100%) completion of that task and must be submitted within forty-five (45) days of the task/deliverable due date. Please refer to Exhibit C for instructions on how to submit a payment request. Or Grantee may submit one request for the Grant Amount Awarded, by using the Exhibit C, after the project is one hundred percent (100%) completed. The request for the Grant Amount Awarded, must include an Exhibit A showing one hundred percent (100%) completion for all tasks, and must be submitted within forty-five (45) days of the last task/deliverable due date. 14. FUNDING SOURCE: Grantee agrees to include on all publications, printed reports, audiovisuals (including videos, slides, and websites except that unless required under the special terms of this Agreement, this requirement does not apply to audiovisuals produced as research instruments or for documenting experimentation or findings and which are not intended for presentation to the general public), or similar materials the DEP logo (which can be found on the Department's website at https://floridadep.gov/ or by contacting the Grant Manager for a copy) as well as the following language: "This work was funded in part through a grant agreement from the Florida Department of Environmental Protection, Resilient Florida Program, by a grant provided by the Office of Resilience and Coastal Protection. The views, statements, findings, conclusions and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies." The next printed line shall identify the month and year of the publication. III. TASKS & DELIVERABLES Task #1: Tidal Flooding and Storm Surge Depth and Elevation Rasters A. Description: Update the tidal flooding and storm surge analyses in the 2021 CCVA to comply with Section 380.093, F.S. The updates would include the 2017 NOAA intermediate -low and intermediate -high sea level rise projections for 2040 and 2070 as well as the updated FEMA coastal Attachment 3, DEP Agreement 4: 22RRE09 4of6 Rev. 11/8/2021 Page 266 of 896 hazard maps for Palm Beach County, if available. One (1) workshop (either held virtually or in person) will be held to present results of the update analyses. B. Deliverables: The Grantee will submit all task/deliverables for each task to the Department's Grant Manager on or before the task/deliverable due date listed in the Project Timeline. 1) Summary report from the workshop, including attendee feedback and outcomes. 2) All materials created at the workshop (as applicable). 3) Report to include a summary of flood analysis results. 4) Raster data for each of the flood projections. Task #2: Undated Asset Vulnerability Analysis A. Description: Update the existing asset vulnerability analyses in the 2021 CCVA to include the new tidal flooding and storm surge depth and elevation rasters to comply with Section 380.093, F.S. The update will include 32 analysis permutations (2 horizons x 2 scenarios x 2 threats x 4 asset categories) and include the following four asset categories: 1) transportation assets and evacuation routes; 2) critical infrastructure; 3) critical community and emergency facilities and 4) natural, cultural, and historic resources. One (1) workshop (either held virtually or in person) will be held to present results. B. Deliverables: The Grantee will submit all task/deliverables for each task via to the Department's Grant Manager on or before the task/deliverable due date listed in the Project Timeline. 1) Summary report from the workshop, including attendee feedback and outcomes. 2) All materials created at the workshop (as applicable). 3) Summary report (PDF document) of the GIS data that was developed, and the data sets used to update the Vulnerability Assessment. 4) GIS shapefiles, file geodatabase, or ArcGIS Pro project package format of all electronic mapping data used to illustrate flooding and sea level rise impacts identified in the updated Vulnerability Assessment. The data will include 32 analysis permutations and will include compliant metadata and will be provided at the asset and census tract scales in the appropriate Florida State Plan projection as specified in s. 380.093, F.S. 5) List of critical assets (as defined in s. 380.093, F.S.) and regionally significant assets that are impacted by flooding and sea level rise as identified in the updated Vulnerability Assessment provided in GIS shapefiles, file geodatabase, or ArcGIS Pro project package format. Task #3: Technical Memorandum A. Description: Develop a technical memorandum to include the methodology and results of the updated Vulnerability Assessment. B. Deliverables: The Grantee will submit all task/deliverables for each task to the Department's Grant Manager on or before the task/deliverable due date listed in the Project Timeline. 1) Technical memorandum (PDF document) to summarize the updated CCVA methodology and resulting vulnerabilities to tidal flooding and storm surge for each of the four asset categories identified in Task 92. The memorandum will include each requirement of s. 380.093, F.S. that is addressed in the vulnerability analysis, to include the following: a. The depth of- i. £i. Tidal flooding, including future high tide flooding, which must use thresholds published and provided by the Department. The analysis should also geographically display the number of tidal flood days Attachment 3, DEP Agreement 4: 22RRE09 5 of 6 Rev. 11/8/2021 Page 267 of 896 expected for each scenario and planning horizon (as applicable/practicable). ii. Current and future storm surge flooding using publicly available NOAA or FEMA storm surge data. The initial storm surge event used must equal or exceed the current 100 -year flood event. Higher frequency storm events may be analyzed to understand the exposure of a critical asset. b. The following scenarios and standards: I. All analyses in North American Vertical Datum 88. ii. At least two local sea level rise scenarios, including the 2017 NOAA Intermediate -Low and Intermediate -High sea level rise projections. iii. At least two planning horizons that include planning horizons for the years 2040 and 2070. iv. Local sea level data that has been interpolated between the two closest NOAA tide gauges. Local sea level data may be taken from one such gauge if the gauge has higher mean sea level. Data taken from an alternate gauge may be used with appropriate rationale and Department approval, as long as it is publicly available or submitted to the Department. v. Encompassing the entire municipality of each municipality identified in the Project Location as well as an unincorporated area of Palm Beach County and including all critical assets owned or maintained by those jurisdictions within this designated scope. vi. The most recent publicly available Digital Elevation Model and generally accepted modeling techniques. Attachment 3, DEP Agreement 4: 22RRE09 6of6 Rev. 11/8/2021 Page 268 of 896 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email:yubbc.services(c floridadey.yov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 Page 269 of 896 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may he referred to as the 'Department", 'DEP", "EDEP" or "Grantor", or other name in the agreement) to the recipient (which may he referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 C.F.R. Part 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 DEP Department staff, limited scope audits as defined by 2 C.F.R. § 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient 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 L• FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 C.F.R. § 200.330 A recipient 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 C.F.R. Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 C.F.R. § § 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 C.F.R. Part 200.514 will meet the requirements of this part. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 C.F.R. §§ 200.508-512. A recipient 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 C.F.R. Part 200, Subpart F -Audit Requirements. If the recipient 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 C.F.R. Part 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 recipient resources obtained from other federal entities). The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.efcla.gov Attachment 5 1 of 6 BGS -DEP 55-215 revised 12/14/2020 Page 270 of 896 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, 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. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://api2s.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at htti)://wwwleg.state.fl.us/Welcome/index.cfin, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/aud en/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely 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 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 C.F.R. § 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 C.F.R. § § 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 C.F.R. § 200.501(a) (the number of copies required by 2 C.F.R. § 200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2of6 BGS -DEP 55-215 revised 12/14/2020 Page 271 of 896 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hit p://harvester. census. gov/facweb/ Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEP SingleAudit(a),dep. state. fl.us 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 (http://flauditor.�4ov/ provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEP SingleAuditLiAeg. state. fl.us Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 C.F.R. § 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3of6 BGS -DEP 55-215 revised 12/14/2020 Page 272 of 896 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 C.F.R. Part 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of rive (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS -DEP 55-215 revised 12/14/2020 Page 273 of 896 EXHIBIT 1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note: If the resources mvarded to the recipient represent more than one federal program, provide the some information shown below for each federal program and show total federal resources mvarded Federal Resources Awarded to the Reci fent Pursuant to this Agreement Consist of the Following: First Compliance requirement: i.e.: (what services of purposes resources must be used for) Federal Program A Federal Agency CFDA Number CFDA Title State Appropriation Funding Amount Category Etc. Etc. Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Federal Program B Federal Agency CFDA Number CFDA Title State Appropriation Funding Amount Category Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the some manner as shown below: Federal Program A First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.:(eligibility requirement for recipients of the resources) Etc. Etc. Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources) Etc. Etc. Attachment 5, Exhibit 1 5of6 BGS -DEP 55-215 R,ki 47/2019 Page 274 of 896 Note: If the resources mvarded to the recipient for matching represent more than one federal program, provide the some information shown below for each federal nrovrom and show total state resources awarded for matching. StateResources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal Program A Federal Agency CFDA CFDA Title State Appropriation Funding Amount Category CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Federal Program B Federal Agency CFDA CFDA Title State Appropriation Fundin Amount Category 2021/2022 37.098 Resilient FL Programs $74,00.00 Note: If the resources mvarded to the recipient represent more than one state project, provide the some information shown below for each state project and show total state financial assistance mvarded that is subiect to section 215.97, F.S. State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program A State Awarding Agency State Fiscal Year' CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Department of Environmental Protection 2021/2022 37.098 Resilient FL Programs $74,00.00 050594 —Agreement State Program B State Awarding Agency State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Total Award I $74,000.00 Note: List applicable compliance requirement in the some manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicablefederal programs. Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc.) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [w w.efda.gov] and/or the Florida Catalog of State Financial Assistance (CSFA) [ittiis://apps.fldfs.com/fsaa/searchCatalog.aspx], and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [h is://apps.Ildfs.com/fsaa/state project compliance.aspx]. The services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. Subject to change by Change Order. Subject to change by Change Order. Attachment 5, Exhibit 1 6of6 BGS -DEP 55-215 R,ki 47/2019 Page 275 of 896 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM -SPECIFIC REQUIREMENTS FOR THE RESILIENT FLORIDA PROGRAMS ATTACHMENT 6 Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant -funded activity that may fall under applicable federal, state or local laws. Further, the Grantee shall abide by all terms and conditions of each applicable permit for any grant -funded activity. Upon request, the Grantee must provide a copy of all acquired and approved permits for the project. 2. Ineligibility. If the Grantee fails to perform in accordance with the terms and conditions set forth in this Agreement; Attachment 3, Grant Work Plan; and all other attachments and exhibits, the Grantee shall be ineligible to be considered for funding under Resilient Florida Programs for two (2) consecutive funding cycles. The Department shall make its determination of ineligibility within thirty (30) days of the Agreement end date and notify the Grantee in writing if determined ineligible. The Department reserves the right to reduce any fixed priced line item payment in the Agreement, Attachment 3, Grant Work Plan, wherein the actual costs incurred are more than five percent (5%) less than the original budgeted fixed price value set forth in this Agreement. 4. Additional Documentation for Contractual Costs. In addition to the documentation requirements in paragraph 11 of Attachment 2 (Subcontracting), and in paragraph 9.c. of Attachment 1 (Contractual Costs (Subcontractors)), Grantee shall provide the following for or all subcontractual agreements that the Grantee executes for this project: a. A valid link or documentation that outlines their entity's procurement processes as required in Attachment 1, paragraph 9.c; and b. A signed certification statement by the Grantee's designated grant manager, indicating the procurement process that was utilized per their entities' policies and procedures, for all subcontractors. The certification must include a listing of all subcontractor quotes/bids amounts, along with the company name, address, and the details of how/why they made their determinations for those subcontractors that were selected and utilized for this Agreement. 5. The following replaces paragraph 8.g of Attachment 1 ("Final Payment Request"): a. Final Payment Request. A final payment request must be submitted to the Department no later than forty- five (45) days following the completion of the project or the expiration date of the Agreement to ensure the availability of funds for payment, whichever date comes first. 6. The following replaces paragraph 10 of Attachment 1 ("Status Reports"): 11.17.21 a. Status Reports. The Department may require the Grantee to submit the status report on Exhibit A ("Progress Report Form") to the Department's Grant Manager, with every task completion, and submittal of deliverables. The Exhibit A, Progress Report Form, must include a description of the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, proposed work for the next reporting period, and the percentage of the work that has been completed to date. b. Quarterly Reports. The Grantee shall submit status reports quarterly on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems Attachment 6 Page 1 of 2 Page 276 of 896 encountered, problem resolutions, scheduled updates, proposed work for the next reporting period, and the percentage of the work that has been completed to date. Quarterly status reports are due no later than five (5) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review required reports submitted by Grantee within thirty (30) days. Final Project Report. The Grantee shall submit Exhibit F, Final Project Report Form, prior to requesting final payment. The Final Project Report may be submitted in lieu of the final quarterly Report described above, only in instances where the next quarterly report falls after the project completion date. 7. Attachment 3, Grant Work Plan, Paragrapph 12, Performance Measures, shall require that all deliverables and reports submitted to DEP will be Americans with Disabilities Act (ADA) also known as 508 Compliant, in all formats provided. 8. Copyright, Patent and Trademark. The Department reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for state government purposes: a. The copyright in any work developed under this Agreement; and b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. 9. Grant funds may not be used to support ongoing efforts to comply with legal requirements, including permit conditions, mitigation and settlement agreements. 11.17.21 Attachment 6 Page 2 of 2 Page 277 of 896 DEPARTMENT OF ENVIRONMENTAL PROTECTION Resilient Florida Program Progress Report Form Exhibit A DEP Agreement No.: 22RRE09 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Project Title: Reporting Period: (MM/DD/YYYY- Report Type: (Select only one) MM/DD/YYYY Quarterly Status Update INSTRUCTIONS: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of pro] ect accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays, identified by task; and indicate the percentage of the task that has been completed to date. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: Task 2: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: This report is submitted in accordance with the reporting requirements of DEP Agreement No. 22RRE09 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Exhibit A, DEP Agreement #: 22RRE09 lofl 11/17/2021 Date Page 278 of 896 DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA PROGRAM INSTRUCTIONS FOR COMPLETING EXHIBIT C 11"AM'//111T C III,A�,'19u'1/TTI°I SI.J11/1A�,:11[i�"9u' III I°IIII,'O111/I Ai�T1111WiiIS1111Yt.TIOP,d: .................................................................................................................................................................................................................................................................................................... GRANTEE NAME: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address to which you want the state warrant (i.e., payment) sent. DEP AGREEMENT NO.: This is the number on your grant agreement that starts with R####. REQUEST DATE: This is the date you are submitting the invoice to DEP. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. This is also as the invoice number. TOTAL AMOUNT REQUESTED: Enter the total amount being requested in this payment summary request. TASK/ DELIVERABLE NO.: Enter the number of the TASK(S) or Deliverables for which you are requesting payment. MATCH AMOUNT REQUIRED BY AGREEMENT: Enter the total amount of match/cost-share that will be provided as stated in the agreement. PERFORMANCE PERIOD: (Date Range) This is the beginning and ending date of the reporting period for which the Grantee is requesting reimbursement. NOTE: This date range cannot begin before the grant's execution date, nor after the grant's end date. t_' Ill01.I�Il III," X I,1111 1 IIIc III :/"III J Illi' 111"s & Cl/" Illi Ill 111"1 C Ai l":II[WS Illi'�CTIQi�, ........................................................................................................................................................................................................................................................................................................................... BUDGETED AMOUNT: Enter the total amount budgeted as approved in Attachment 3 in the `BUDGETED AMOUNT" line. AMOUNT OF THIS REQUEST: Enter the amount for which you are requesting disbursements. All expenses being requested must have been incurred within this performance period. EXPENDITURES TO DATE: Enter the amount for all expenditures claimed to date including the current request. BUDGETED AMOUNT REMAINING: This amount will automatically calculate and populate. MATCHING FUNDS FOR THIS REQUEST: Enter the amount that is being cost shared. TOTAL CUMULATIVE MATCHING FUNDS: Enter the total amount of matching funds to date including this request. MATCHING REQUIREMENT REMAINING: This amount will auto populate based on the information placed in "MATCH AMOUNT REQUIRED BYAGREEMENT " in the Exhibit C Information Section. GRANTEE CERTIFICATION: Must have the original signature of both the Grantee's Grant Manager and the Grantee's Fiscal Agent, as identified in the grant agreement. IIS 111," I//111 It III R.s ................................................................ For each cost listed in the summary section, detailed information needs to be provided in Part 11, III and IV as applicable. Proof of payment (copies of checks, bank statement, pay stubs..etc) should be available upon request at any time. If a subcontractor was used for any work on the project, a copy of the signed agreement between the Grantee and the subcontractor must be submitted to DEP before payments will be processed. Any other required documentation (Exhibits, deliverable s.. etc) should be provided prior to or with the payment request. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. °maim a//a/umcuneeWs#1knF ft# Resilience@FloridaDep.gov ird't'/ a iatbiect line. ATT. • (Grant Manager) Grant# Page 279 of 896 GRANTEE NAME: MAILING ADDRESS: PAYMENT REQUEST NO.: TASKIDELIVERABLE NO(S).: PERFORMANCE PERIOD: EXHIBIT C PAYMENT REQUEST SUMMARY FORM TOTAL AMOUNT REQUESTED: AGREEMENT: EXPENDITURE SUMMARY DEP GRANT NO.: REQUEST DATE: GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify tha the amount being requested for reimbursement above was for items that were charged to and utilized only for the above-cited grant activities. Deliverable(s) Received Date: Invoice Received Date: PM Received Date: AGENCY USE ONLY GM Deliverable Approval Date: GM Invoice Approval Date: PM Approval Date: Page 280 of 896 EXPENDITURES TOTAL CATEGORY OF AMOUNT OF BUDGETED MATCHING BUDGETED TO DATE CUMULATIVE EXPENDITURE (As THIS AMOUNT FUNDS FOR THIS AMOUNT (Including this MATCHING Authorized) REQUEST REMAINING REQUEST request) FUNDS Salaries/Wages $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Fringe Benefits $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Indirect Cost $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Contractual (Subcontractors) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Land Acquisition $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL AMOUNT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 MATCH REQUIREMENT REMAINING $0.00 GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify tha the amount being requested for reimbursement above was for items that were charged to and utilized only for the above-cited grant activities. Deliverable(s) Received Date: Invoice Received Date: PM Received Date: AGENCY USE ONLY GM Deliverable Approval Date: GM Invoice Approval Date: PM Approval Date: Page 280 of 896 I, GRANTEE CERTIFICATION (Print name of Grantee's Grant Manager designated in the Agreement) (Print name of Grantee/Recipient) DEP Agreement No. and Payment Request No. , on behalf of , do hereby certify for that: 1. The disbursement amount requested is for allowable costs for the project described in Attachment 3 of the Agreement. 2. All costs included in the amount requested have been satisfactorily performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. 3. The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Grantee's Grant Manager Signature Print Name Date DEP Grant Manager Signature Print Name Date Grantee's Fiscal Agent Signature Print Name Date DEP Project Manager Signature Print Name Date Page 281 of 896 Part II- Contractual Detail Payment Request No: Performance Period: II]111Zh'AWN Offem Task No. Sub -Contractor Name Sub -Contractor Invoice No. Sub -Contractor Invoice Date Amount Paid Description of Goods/Services Provided Payment Type (CC, Check) If check, provide Check No. Amount Claimed In This Request Total Amount $0.00 Page 282 of 896 Part III- Salary and Fringe Detail Payment Request No: Performance Period: DEP GRANT NO.: Salary Fringe Performance Total Amount Position Title Employee Name Total Hours Worked Hourly Wage Period Paid Payment Type Used Date Paid (Check, EFT... etc.) Check No. or EFT Amount Claimed No. (If applicable) Example j,hn Doe UZ2/Z4-3/10/1,4 84.00 A' 25.00 S 3,500.00 3130120L4 (,"Geecic 24589 A' 2,200.00 A' 3.15.00 A' 45000 3130120L4 (,"ho'k 2458,4 A' 315.00 TOTALSALARY $ - Page 283 of 896 Fringe Performance Fringe Rate Position Title Employee Name Period (% of Salary) Fringe Total Amount Amount Paid Payment Type Used Date Paid (Check, EFT... etc.) Check No. or EFT No. (If applicable) Amount Claimed Example J,hn Doe UZ2/Z4-3/10/1,4 15.00Ya A' 3.15.00 A' 45000 3130120L4 (,"ho'k 2458,4 A' 315.00 TOTAL FRINGE $ - Page 283 of 896 Part IV- Indirect Costs Detail Payment Request No: Performance Period: DEP GRANT NO.: Task No. Association Indirect Amount Amount Claimed In This fapplicable) Incurred Date Incurred Description of Indirect Costs Request Total Indirect : $0.00 Page 284 of 896 EXHIBIT F DEP AGREEMENT NO. 22RRE09 COSATAL RESILIENCE PARTNERSHIP OF SOUTHEAST PALM BEACH COUNTY VULNERABILITY ASSESSMENT UPDATE City of Boynton Beach Final Project Report 111sell't molifill & 1 eallr This report is funded in part through a grant agreement from the Florida Department of Environmental Protection. The views, statements, findings, conclusions and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies. Exhibit F, DEP Agreement # 22RRE09 Page 1 11/18/2021 Page 285 of 896 Final Project Report Form COSATAL RESILIENCE PARTNERSHIP OF SOUTHEAST PALM BEACH COUNTY VULNERABILITY ASSESSMENT UPDATE Executive Summary �ylln(^ SL11'nu airy IIi e -e Methodology Begliii u'ne lliodc°bllogy IIiei- ^ Outcome Begliii CLutCOi-ne IIiei-e Further Recommendations Begliii R(.ccc°)u a (.iiidi)tlic°bins IIiei,e Instructions for completing Attachment F Final Project Report Form: DEP AGREEMENT NO.: This is the number on your grant agreement. GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the title shown on the first page of the grant agreement. MONTH & YEAR: Enter month and year of publication The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome and Further Recommendations. The Final Project Report must comply with the publication requirements in the grant agreement. Please limit the final project report to no more than five (5) pages. One electronic copy shall be submitted to the Department's Grant Manager for approval. Final payment will be held until receipt and approval of the Final Project Report. Exhibit F, DEP Agreement # 22RRE09 Page 2 11/18/2021 Page 286 of 896 Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified in paragraph 18 of this agreement. Exhibit F, DEP Agreement # 22RRE09 Page 3 11/18/2021 Page 287 of 896 PkPA�r Florida Department of Environmental Protection EXHIBIT G PHOTOGRAPHER RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO: 22RRE09 RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: Address: City: State: Zip: Phone Number: ( ) Email: License and Indemnification I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or artwork(s) being submitted and am eighteen (18) years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty -free and non-exclusive right to distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the "Work") to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to: 1. Promotion of FDEP (including, but limited to publications, websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection. No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third -party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Owner signature: Photo/video/audio/artwork/recording rile name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission Exhibit G, DEP Agreement #: 22RRE09 11/19/2021 Page 1 of 1 Date: Page 288 of 896 PROFESSIONAL SERVICES AGREEMENT FOR COASTAL RESILIENCE PARTNERSHIP VULNERABILITY ASSESSMENT UPDATE THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY', and Collective Water Resources, LLC a Limited Liability Company authorized to do business in the State of Florida, with a business address of 250 S, Australian Avenue, Ste 1110, West Palm Beach FL 33401, hereinafter referred to as "CONSULTANT". In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. WHEREAS, the CITY determined that CONSULTANT who completed the original Coastal Resilience Partnership Vulnerability Assessment is the single source to perform the assessment update services, and WHEREAS, Exhibit "A" defines the Scope of Work for Coastal Resilience Partnership Vulnerability Assessment Update; and WHEREAS, the CITY Commission on January 4, 2022, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in Exhibit A; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT hereby agrees to perform the services for the Coastal Resilience Partnership Vulnerability Assessment Update, as more particularly described in Exhibit "A" and by this reference made a part hereof. 1.2 CONSULTANT shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for herein, and all work performed under this Agreement shall be done in a professional manner. 1.3 CONSULTANT assumes professional and technical responsibility for the performance of its services to be provided hereunder in accordance with recognized professional and ethical guidelines established by their profession. If within one year following completion of its services, such services fail to meet the aforesaid standards, and the CITY promptly advises CONSULTANT thereof in writing, CONSULTANT agrees to re -perform such deficient services without charge to the CITY. 1.4 The relationship between CITY and CONSULTANT created hereunder and the services to be provided by CONSULTANT pursuant to this Agreement are non-exclusive. CITY shall be free to pursue and engage similar relationships with other contractors to perform the same or similar services performed by CONSULTANT hereunder, so long as no other 100464443.1 306-90018211 consultant shall be engaged to perform the specific project(s) assigned to CONSULTANT while CONSULTANT is so engaged without first terminating such assignment. CONSULTANT shall be free to pursue relationships with other parties to perform the same or similar services, whether or not such relationships are for services to be performed within the CITY, so long as no such relationship shall result in a conflict of interest, ethical or otherwise, with the CITY's interests in the services provided by CONSULTANT hereunder. 1.5 CONSULTANT shall not utilize the services of any sub -consultant without the prior written approval of CITY. 1.6 The CITY's Representative during the performance of this Agreement shall be Rebecca Harvey, Sustainability Coordinator HarveyR bbfl.us 561-742-6494. 1.7 The CONSULTANT'S Representative during the performance of the Agreement shall be Elizabeth Perez, PE,D.WRE,CFM, LPerezcollectivewater.com 561-779-3552. ARTICLE 2 - TERM 2.1 The Agreement period shall not to exceed six months (6) with the final deliverables due 6/30/2022. The services to be performed during the term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY's discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one -hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Agreement shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of a purchase order. CONSULTANT shall perform all services and provide all work products required pursuant to this Agreement within the time period set forth herein unless otherwise agreed to in the purchase order. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT 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 the CONSULTANT shall be made promptly on all invoices submitted to the CITY properly and in accordance with "BUDGET SUMMARY". B. The CONSULTANT may submit invoices to the CITY during the progress of the contract term. Invoices shall include information such as the date(s) of service, type of service(s) performed, length of time spent, the level/status of the employee performing the task if relevant, all applicable fees and costs, an adequate description for all fees and costs, and any other information reasonably required by CITY. Such invoices will be reviewed by the CITY, and upon approval thereof, 100464443.1 306-90018211 payment will be made to the CONSULTANT in the amount approved. C. Final payment of any balance due to the CONSULTANT of the total price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the work under this Agreement and its acceptance by the CITY. D. The payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. E. The Professional's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the CITY and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications, and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with CONSULTANT' endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk and without liability to CONSULTANT and CONSULTANT'S sub -CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT' services shall meet a standard of care for [service description]. In submitting its response to the RFP, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. 100464443.1 306-90018211 ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this Service Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION 9.1 The CONSULTANT shall indemnify and hold harmless the CITY, its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents, or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the CONSULTANT, its employees, agents, partners, principals or subcontractors. The CONSULTANT shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. 9.2 The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. 9.3 Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Director of Human Resources and Risk Management. All policies shall be written by an insurance company authorized to do business in Florida. CONSULTANT shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: A. Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. B. Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products -Completed 100464443.1 306-90018211 Operations and Contractual Liability with specific reference to Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. C. Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Agreement, 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. D. Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. E. Umbrella/Excess Liability Insurance in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Liability, Auto Liability, and Employer's Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. 10.2 CONSULTANT shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. 10.3 The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees, or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party, reduced in coverage in limits except after thirty (30) days prior written notice by either certified mail, return receipt requested, has been given to the CITY. 10.4 The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Director of Human Resources and Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. ARTICLE 11 - INDEPENDENT CONSULTANT 11.1 CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the 100464443.1 306-90018211 relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth - in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 - ASSIGNMENT 15.1 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. 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 100464443.1 306-90018211 of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 — TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, the CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 17.2 Termination for Cause: In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should CONSULTANT neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. ARTICLE 18 - DISPUTES 18.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 18.2 Correction of Work. If in the judgment of CITY, work provided by CONSULTANT does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONSULTANT correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 18.3 Remedies in Default. In case of default by CONSULTANT, CITY shall notify CONSULTANT, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONSULTANT to comply with all provisions of the Agreement. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONSULTANT of such declaration of default and terminate the Agreement. A. Upon such declaration of default, all payments remaining due CONSULTANT at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to CONSULTANT. B. CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONSULTANT together with the costs incident thereto to such default. C. In the event CITY completes the Agreement at a lesser cost than would have been payable to CONSULTANT under this Agreement, if the same had been fulfilled by 100464443.1 306-90018211 CONSULTANT, CITY shall retain such differences. Should such cost to CITY be greater, CONSULTANT shall pay the amount of such excess to the CITY. D. Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONSULTANT fails to meet reasonable standards of the trade after CITY gives written notice to the CONSULTANT of the deficiencies as set forth in the written notice within fourteen calendar (14) days of the receipt by CONSULTANT of such notice from CITY. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention 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 a pandemic, epidemic, acts of God, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from the performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing the continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address - City of Boynton Beach Attn: Lori LaVerriere, City Manager 100 E. Ocean Avenue Boynton Beach, FL 33435 Notices to CONSULTANT shall be sent to the following address- ADDRESS- 250 S. Australian Ave, Suite 1110 CITY/STATE/ZIP: West Palm Beach, FL 33401 Attn: Elizabeth Perez, PE,D.WRE,CFM Tel, 561-779-3552 Email- LPerez collectivewater.com 100464443.1 306-90018211 ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the Scope of Work, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22 - MISCELLANEOUS 22.1 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth hereinabove. 22.2 It shall be the CONSULTANT's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable. 22.3 This Agreement represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the CONSULTANT's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 22.4 This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. ARTICLE 23 — PUBLIC RECORDS 23.1 Sealed documents received by the CITY in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY announces intent to award sooner, in accordance with Section 119.07, Florida Statutes. 23.2 The CITY is a public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONSULTANT shall maintain in a secured manner all copies of such confidential 100464443.1 306-90018211 and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY; and D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to the CITY, all public records in CONSULTANT'S possession. All records stored electronically by CONSULTANT must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6061 GIBSONC@BBFL.US ARTICLE 24 — SCRUTINIZED COMPANIES 24.1 By execution of this Agreement, CONSULTANT certifies that it is not participating in a boycott of Israel. CONSULTANT further certifies that it is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has it engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CITY will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to the CONSULTANT of the CITY's determination concerning the false certification. CONSULTANT shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, CONSULTANT shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the CONSULTANT does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. ARTICLE 25 — E -VERIFY 25.1 CONSULTANT certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described hereinbelow. 25.2 Definitions for this Section: A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such 100464443.1 306-90018211 employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 25.3 Registration Requirement; Termination: Pursuant to Section 448.095, 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. The contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the CITY of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the CITY of Boynton Beach; and C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. The contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. ARTICLE 26 — FEDERAL REQUIREMENTS Notwithstanding anything to the contrary set forth herein, vendor shall comply with the all applicable federally required standard provisions whether set forth hereinbelow, in 2 CFR Part 200, or otherwise. Any reference made to CONSULTANT in this section shall also apply to any subcontractor under the terms of this Agreement. 26.1 Equal Employment Opportunity. During the performance of this contract, CONSULTANT agrees as follows: 100464443.1 306-90018211 A. CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B. CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. C. CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with CONSULTANT's legal duty to furnish information. D. CONSULTANT 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 workers' representative of CONSULTANT's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. F. CONSULTANT will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of CONSULTANT's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and 100464443.1 306-90018211 CONSULTANT may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. H. CONSULTANT will include the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. CONSULTANT will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the CITY so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The CITY further agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such CITY, and refer the case to the Department of Justice for appropriate legal proceedings. 26.2 Davis -Bacon Act. CONSULTANT shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor Regulations (29 CFR Part 5). In accordance with the statute, CONSULTANT must be required to pay wages to laborers and 100464443.1 306-90018211 mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONSULTANT must be required to pay wages not less than once a week. 26.3 Copeland "Anti -Kickback" Act. CONSULTANT shall comply 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"). CONSULTANT 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. CITY must report all suspected or reported violations to the Federal awarding agency. 26.4 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708). Where applicable, pursuant to 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5) CONSULTANT must be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek 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 workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (A) of this section the CONSULTANT and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (A) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (A) of this section. C. Withholding for unpaid wages and liquidated damages. CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by CONSULTANT or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (26.4.2) of this 100464443.1 306-90018211 section. D. Subcontracts. CONSULTANT or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower -tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower -tier subcontractor with the clauses set forth in paragraphs (A) through (D) of this section. 26.5 CONSULTANT agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251- 1387). CITY will report violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). A. Clean Air Act. CONSULTANT agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. CONSULTANT agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONSULTANT agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. B. Federal Water Pollution Control Act. CONSULTANT agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. CONSULTANT agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONSULTANT agrees to include these requirements in each subcontract exceeding one hundred fifty thousand dollars ($150,000) financed in whole or in part with Federal assistance. 26.6 Suspension and Debarment. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000, as such CONSULTANT is required to verify that none of the CONSULTANT's agents, principals (defined at 2 C.F.R. § 180.995), or affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). A. CONSULTANT must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by CITY. If it is later determined that CONSULTANT did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to State and CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. B. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower -tier covered transactions. 100464443.1 306-90018211 25 26.7 Byrd Anti -Lobbying Amendment, as amended (31 U.S.C. § 1352). CONSULTANT shall file the required certification pursuant to 31 U.S.C. 1352. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 26.8 Compliance with State Energy Policy and Conservation Act. CONSULTANT shall comply with all mandatory standards and policies relating to energy efficiency contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 26.9 Procurement of Recovered Materials. The CITY and CONSULTANT must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 26.10 Reporting. Pursuant to 44 CFR 13.36(1)(7), CONSULTANT shall comply with federal requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41, if applicable. Furthermore, both parties shall provide the FEMA Administrator, U.S. DOT Administrator, the Comptroller General of the United States, or any of their authorized representative access to any books, documents, papers, and records of CONSULTANT which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. Also, both Parties agree to provide FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Agreement. 26.11 Rights to Inventions. CONSULTANT agrees that if this Agreement results in any copyrightable materials or inventions, the Federal Government reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use the copyright of said materials or inventions for Federal Government purposes. 26.12 No Obligation by the Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 26.13 Department of Homeland Security (DHS) Seal, Logo, and Flags. CONSULTANT shall not use DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific federal pre -approval. 26.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that federal financial assistance will be used to fund the Agreement only. CONSULTANT will comply with all applicable federal laws, regulations, executive orders, policies, procedures, and directives. 100464443.1 306-90018211 26.15 Fraudulent Statements. CONSULTANT acknowledges that 31 U.S.C. Chap. 38 applies to CONSULTANT's actions pertaining to this Agreement. 26.16 Prohibition on Contracting for Covered Telecommunications Equipment or Services. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. A. Prohibitions. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. Unless an exception in paragraph (B) of this clause applies, the CONSULTANT and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: a. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; c. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or d. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. B Exceptions. i. This clause does not prohibit CONSULTANT from providing: (a) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (b) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. ii. By necessary implication and regulation, the prohibitions also do not apply to (a) Covered telecommunications equipment or services that: i. Are not used 100464443.1 306-90018211 as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (b) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. C. Reporting requirement. In the event CONSULTANT identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (ii) of this clause to the recipient or sub -recipient unless elsewhere in this contract are established procedures for reporting the information. The CONSULTANT shall report the following information pursuant to this section: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) Code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within ten (10) business days of submitting the information required by this Section: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. The CONSULTANT shall insert the substance of this clause, including this in all subcontracts and other contractual instruments. 26.17 Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the CONSULTANT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 26.18 Affirmative Socioeconomic Steps. If subcontracts are to be let, CONSULTANT is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. 26.19 License and Delivery of Works Subject to Copyright and Data Rights. If applicable, the CONSULTANT grants to CITY, a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first 100464443.1 306-90018211 produced in the performance of this contract, CONSULTANT will identify such data and grant to the CITY or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, CONSULTANT will deliver to the CONSULTANT data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by CONSULTANT. IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year written below. DATED this day of 12022. CITY OF BOYNTON BEACH COLLECTIVE WATER RESOURCES, LLC. Lori LaVerriere, City Manager Signature / Name Attest/Authenticated: Crystal Gibson, City Clerk Approved as to Form: James A. Cherof, City Attorney 100464443.1 306-90018211 Title (Corporate Seal) Attest/Authenticated: Witness City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all-inclusive, and the City reserves the right to require additional types of insurance or to raise or lower the stated limits, based upon identified risk,) - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - -- - - - - -- - - - - - TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - -- - - - - -- - - - - - General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - -- - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - -- - - - - -- - - - - - Professional Liability Aggregate - $1,000,000.00 - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - -- - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - -- - - - - -- - - - - - Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non -Owned Autos - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - -- - - - - - - -- - - - - - - -- - - - - - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - -- - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - - - -- - - - - -- - - - - -- - - - - - Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 -------------------------------------------------------------- Property: Homeowners Revocable Permit Builder's Risk Installation Floater ------------------------------------------------------------------------------------- Other - As Risk Identified ------------------------------------------------------ INSURANCEADVISORYEORM Revised 04/2021 100464443.1 306-90018211 $ 300,000.00 Limits based on Project Cost Limits based on Project Cost ----------------------------------------- to be determined ------------------------------------------ EXHIBIT "A" 100464443.1 306-90018211 COASTAL RESILIENCE PARTNERSHIP VULNERABILITY ASSESSMENT UPDATE WORK PLAN PROJECT DESCRIPTION: The Coastal Resilience Partnership of Southeast Palm Beach County (CRP) completed a Climate Change Vulnerability Assessment (CCVA) for the jurisdictions of Boynton Beach, Boca Raton, Delray Beach, Highland Beach, Ocean Ridge, Lantana, Lake Worth Beach, and a portion of unincorporated Palm Beach County in July 2021. The CCVA meets many of the requirements of the new Resilient Florida Grant Program (Section 380.093, Florida Statute (F.S.)), but the analysis needs to be expanded to include the National Oceanic and Atmospheric Administration (NOAH) intermediate -low and intermediate -high sea level rise projections for 2040 and 2070 to be compliant. The new analysis will update storm surge and tidal flooding for all critical assets per the statute for the entire Project Location as well as incorporate the updated Federal Emergency Management Agency (FEMA) coastal hazard maps for Palm Beach County, if available. I IEAF.-] L*:N _l 91 :11 U/ x ;?-Al -_14 *3 Task #1: Tidal Floodina and Storm Surae Death and Elevation Rasters: Description: Update the tidal flooding and storm surge analyses in the 2021 CCVA to comply with Section 380.093, F.S. The updates would include the 2017 NOAA intermediate -low and intermediate -high sea level rise projections for 2040 and 2070 as well as the updated FEMA coastal hazard maps for Palm Beach County, if available. One (1) workshop (either held virtually or in person) will be held to present results of the update analyses. Deliverables: The Grantee will submit all task/deliverables for each task to the Department's Grant Manager on or before the task/deliverable due date listed in the Project Timeline. 1) Summary report from the workshop, including attendee feedback and outcomes. 2) All materials created at the workshop (as applicable). 3) Report to include a summary of flood analysis results. 4) Raster data for each of the flood projections. Task #2: Updated Asset Vulnerability Analysis: Description: Update the existing asset vulnerability analyses in the 2021 CCVA to include the new tidal flooding and storm surge depths and elevation rasters to comply with Section 380.093, F.S. The update will include 32 analysis permutations (2 horizons x 2 scenarios x 2 threats x 4 asset categories) and include the following four asset categories. One (1) workshop (either held virtually or in person) will be held to present results. 1) transportation assets and evacuation routes; 2) critical infrastructure; 3) critical community and emergency facilities; and 4) natural, cultural, and historic resources. Deliverables: The Grantee will submit all task/deliverables for each task via to the Department's Grant Manager on or before the task/deliverable due date listed in the Project Timeline. 1) Summary report from the workshop, including attendee feedback and outcomes. 2) All materials created at the workshop (as applicable). 100464443.1 306-90018211 3) Summary report (PDF document) of the GIS data that was developed, and the data sets used to update the Vulnerability Assessment. 4) GIS shapefiles, file geodatabase, or ArcGIS Pro project package format of all electronic mapping data used to illustrate flooding and sea level rise impacts identified in the updated Vulnerability Assessment. The data will include 32 analysis permutations and will include compliant metadata and will be provided at the asset and census tract scales in the appropriate Florida State Plan projection as specified in s. 380.093, F.S. 5) List of critical assets (as defined in s. 380.093, F.S.) and regionally significant assets that are impacted by flooding and sea level rise as identified in the updated Vulnerability Assessment provided in GIS shapefiles, file geodatabase, or ArcGIS Pro project package format. Task #3: Technical Memorandum: Description: Develop a technical memorandum to include the methodology and results of the updated Vulnerability Assessment. Deliverables: The Grantee will submit all task/deliverables for each task to the Department's Grant Manager on or before the task/deliverable due date listed in the Project Timeline. Technical memorandum (PDF document) to summarize the updated CCVA methodology and resulting vulnerabilities to tidal flooding and storm surge for each of the four asset categories identified in Task #2. The memorandum will include each requirement of s.380.093, F.S. that is addressed in the vulnerability analysis, to include the following: 1) The depth of: a) Tidal flooding, including future high tide flooding, which must use thresholds published and provided by the Department. The analysis should also geographically display the number of tidal flood days expected for each scenario and planning horizon (as applicable/practicable). b) Current and future storm surge flooding using publicly available NOAA or FEMA storm surge data. The initial storm surge event used must equal or exceed the current 100 -year flood event. Higher frequency storm events may be analyzed to understand the exposure of a critical asset. 2) The following scenarios and standards: a) All analyses in North American Vertical Datum 88. b) At least two local sea level rise scenarios, including the 2017 NOAA Intermediate -Low and Intermediate -High sea level rise projections. c) At least two planning horizons that include planning horizons for the years 2040 and 2070. d) Local sea level data that has been interpolated between the two closest NOAA tide gauges. Local sea level data may be taken from one such gauge if the gauge has higher mean sea level. Data taken from an alternate gauge may be used with appropriate rationale and Department approval, as long as it is publicly available or submitted to the Department. e) Encompassing the entire municipality of each municipality identified in the Project location as well as an unincorporated area of Palm Beach County and including all critical assets owned or maintained by those jurisdictions within this designated scope. f) The most recent publicly available Digital Elevation Model and generally accepted modeling techniques. 100464443.1 306-90018211 PROJECT TIMELINE: The tasks must be completed by, and all deliverables received by, the corresponding task due date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Requests for any change must be submitted prior to the current task due date listed in the project timeline. Requests are to be sent via separate email to the Department's Grant Manager, with the details of the request being made and the reason for the request. PROJECT TIMELINE Task No. Task Title Task Due Date Funding Amount Tidal Flooding and Storm Surge Depth and Elevation Rasters 6/1/2022 $32,000 2 Updated Asset Vulnerability Analysis 6/1/2022 $30,000 3 Technical Memorandum 6/1/2022 $12,000 Grant Total $74,000 THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 100464443.1 306-90018211 ATTACHMENT 1 100464443.1 306-90018211 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1of12 Rev. 10/18/2021 Page 314 of 896 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pam In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement Attachment 1 2of12 Rev. 10/18/2021 Page 315 of 896 the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. C. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. 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, which can be accessed at the following web address: https://www.rnyfloridacfo.comn Division/AA/Manuals/documents/ReferenceGuideforSt,iteExgeIditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridacfo.comn Division/AA/Vendors/def,lult.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. Attachment 1 3of12 Rev. 10/18/2021 Page 316 of 896 b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting Attachment 1 4of12 Rev. 10/18/2021 Page 317 of 896 acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other Attachment 1 5of12 Rev. 10/18/2021 Page 318 of 896 obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. Attachment 1 6of12 Rev. 10/18/2021 Page 319 of 896 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee 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 Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or Attachment 1 7of12 Rev. 10/18/2021 Page 320 of 896 otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Enti . Crime. 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, 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 submitbids, proposals, orreplies on leases of real property to apublic entity; may notbe awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate 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. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Attachment 1 8of12 Rev. 10/18/2021 Page 321 of 896 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.mvflorida.com/library-archives/records-managers Hent/general-records-schedules. 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; Attachment 1 9of12 Rev. 10/18/2021 Page 322 of 896 ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:A\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. Attachment 1 10 of 12 Rev. 10/18/2021 Page 323 of 896 c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable forperformance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 37. Compensation Report. If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual Attachment 1 11 of 12 Rev. 10/18/2021 Page 324 of 896 reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 38. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 10/18/2021 Page 325 of 896 ATTACHMENT 2 100464443.1 306-90018211 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.22RRE09 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is the Coastal Resilience Partnership of Southeast Palm Beach County Vulnerability Assessment Update. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are no extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. © ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Attachment 2 1 of 2 Rev. 8/19/2021 Page 327 of 896 Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Additional Terms. Documentary Evidence Requirement for Subcontractor(s). If any work associated with this Agreement is completed by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has fully performed its Project obligation(s). The Grantee shall forward copies of all such documentary evidence to the Department with the Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement (Grant Work Plan). Attachment 2 2of2 Rev. 8/19/2021 Page 328 of 896 Purchasing Division ,; t fifi .r, " 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, b. The parts or accessories are an integral repair accessory compatible with existing equipment and are the only parts that can be reasonably used,1 c. The procurement is needed to ensure consistency in results as related to other products or standardization of parts or s:" l as requiredto avoid unreasonable cost or inefficiency Single Source Definition - A procurement decision whereby purchases are directed to one source because o standardization, warranty, or other factors, even though other competitive sources may be available. Section A — Purchase Details Requestor Department SustainabilityDivision Sustain Point lil Rebecca Phone dub � �. Company o xI an 250 S. AustraliAve, Ste 1110 West Palm ^Florida, Phone Number 561-779-3552 c , I ': Elizabeth *'*i conducted r original Climate Change Vulnerability Assessmentproject) Product .,roe ;me I"Coastal Resilience Partnership Vulnerability Assessment Update Manufacturer - . $74,000 Did you negotiateprices Why is this price considered to be fair and reasonable? Comparison performed using the State of Florida Managed Services website to compare rates on what they have on file for Consultants. Page 329 of 896 Purchasing Division m.m_. w... .. .. .... Justification Form _ ....... ... .Sol irr .8 ..ource...........� a..ww..._ . ,..,..� Staff negotiated the price and reduced the proposed scope of work to only include tasks deemed ]necessary to make the Climate Change Vulnerability Assessment compliant under Section 380.093, F.S. serv�cesis por re-purchhase ase forgate tihe aomp compatibility reasons) X Yes to a particular vendor in the future? Either in terms of maintenance, This is a sole source because (choose any that apply): ❑ Sole provider of a licensed or patented good or service ❑ Single Source provider of items 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 X Sole provider of goods or services that will most the specialized needs of the City or perform the intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best -value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) What necessary features does this vendor providewhichare not available from ovendors? �.........__b ...... other Please be specific. The goal of the Coastal Resilience Partnership Vulnerability Assessment Update is to make the assessment compliant for project funding under Section 380.093, F.S. Collective Water Resources completed the first major phase of the Vulnerability Assessment and (a) has all of the datasets required to complete the updated analyses, which are extensive and many of which are protected by Federal requirements to protect homeland security related to critical infrastructure (b) this is a straightforward continuance and update to the work we recently completed in 2021 (c) already has a deep knowledge of the required data, analysis, and policies involved in the project and (d) can readily execute these analyses. Any other vendor would have a steep and costly learning curve and would not be able to readily update the Vulnerability Assessment. 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 department's recommendation for a sole source purchase is based upon an objective review of the product/service 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, materials, or firms been a deciding influence on my request to sole source this purchase when there are other known sut)liers that exist. 1. DeparuntDirsctnr u � ca. Sighature Date Page 330 of 896 Purchasing Division Sole/Single Source Justification Form 2. Purchasing Manager/Finance Director B; sed on the information provided in Sections A and B and the attached supporting documents, I recommend ..,/ do not recommend ❑ this being certified as a sole source. Required ❑ / not rewired o be' dvertised for a period of 7 business days before award. "j, e.., �.. Signature Date 3 Page 331 of 896 November 30, 2021 Rebecca Harvey Sustainability Coordinator City of Boynton Beach Dear Ms. Harvey, `( ° r ATR RESOURCES Per your request, I am writing to confirm that Collective Water Resources, LLC (Collective) is the only company that can provide support for the 2022 Phase of the Coastal Resilience Partnership's and Boynton Beach's Vulnerability Assessment. Collective completed the first major phase of the Vulnerability Assessment and (a) has all of the datasets required to complete the updated analyses, which are extensive and many of which are protected by Federal requirements to protect homeland security related to critical infrastructure (b) this is a straightforward continuance and update to the work we recently completed in 2021 (c) already has a deep knowledge of the required data, analysis, and policies involved in the project and (d) can readily execute these analyses. Any other vendor would have a steep and costly learning curve and would not be able to readily update the Vulnerability Assessment. If you have any questions, please feel free to contact me at 561-779-3552. Sincerely, Elizabeth Perez, PE, D.WRE, CFM President, Collective Water Resources, LLC West Palm Beach, Florida 3 0St. Petersburg, Florida 33713 2850 34' Street North, i Page 332 of 896 6. L. Consent Agenda 1/4/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 1/4/2022 Requested Action by Commission: Accept the Fiscal Year 2020-2021 Budget Status Report of the General Fund and the Utilities Fund for the 12 -month thru 13 -month period which ended September 30, 2021, unaudited. Explanation of Request: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the thirteen (13) month period ended September 30, 2021 (100% of the fiscal year, unaudited). The analysis compares: Actual results for Fiscal Year 2020-21 to the annual budget and Actual results for Fiscal Year 2019-20. How will this affect city programs or services? The annual budget is what provides and controls the resources for City programs and services. Fiscal Impact: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND Revenues &Transfers FY 2020-21 Annual Budget Actual to Date Amount $ 99,185 $ 98,996 100% $ (99,185) (98,184) 99% Expenditures Excess (Deficit) $ - 812 FY 2019-20 Annual Budget Actual to Date Amount % 96,437 $ 176,288 183% $(174,951) 181% (96,437) $ 1,337 FY 2021 vs. 2020 Budget Actual 2.8% -43.8% 2.8% -43.9% The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $.8M surplus for the unaudited period ending September 30, 2021. Revenues & Transfers (Exhibit Al — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $80.7M or 82% of our total $99.1 M General Fund budget for FY 2020-21. Transfers from other funds (non -revenues) provide $18AM or 18% of the total funding sources. These three major estimated funding sources are summarized as follows: 1. 42% - $ 41.2M — Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 39.5M —All other revenues plus General Fund Balance 3. 18% - $ 18AM — Transfers from other funds 100% - $ 99.1 M — Total funding source The property tax rate for FY 2020-21 is 7.9000 mills same as the prior year and yielding net property taxes of $41.2M, which is a 6.20% increase ($2.4M) over FY 2019-20. Actual Funding Sources Realized: At the end of the thirteenth month in FY 2020-21, revenues and transfers realized are approximately $98.9M or 100% of the budget compared to $96AM (less the Capital Lease Revenue) realized to date in FY 2019-20. The chart below presents the various categories of revenues received to date in the General Fund. FY Z020/21 GENERAL FUND OPERATING REVENUES Mini speter ber Hca, 2021) Pedfk�IUIW.. WIND(L�11`d I P I6r u I11 r r r ✓, rr ICJ I 4 H[ 14 FPruv NMI I 111 '1111 �M � MN�I�ITSI� ,it L. I I.. Page 333 of 896 OW r 1i 1 ImPcs F f r1P1 fid �1j1�4� If ,Pd,A lP`i r i1<1 W ?I (1'i s 1 w o- •s, r ,a 1 n,� "o, 1111. r✓ ✓� ✓` � 1 �1 1( Pd Y(Fl�tit Jt 4, ISPW,, Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $40.9M or 99% of $41.2M as compared to $38.5M or 99% of $38.8M for FY 2019-20. as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Appropriations increased approximately 2.85% from $96AM to $99.1 M. The budget increase was due to mainly cost of wage increases with public safety personnel. Actual Expenditures — General Fund expenditures are $98.1 M, for the thirteenth month period ending September 30, which is 99% of the $99.1M adopted for FY 2020-21. Note: the CRA Tax Increment Financing and the City's annual pension obligations for General Employees, Fire, and Police were paid early in the fiscal year (Chart below shows expenditures by function. FY 2-02.0/21. GENERAL FUND OPERATING EXP l\IDIUTREaS (thru September3O, 2021.) 4'r.11'i1 111..1:. W0111K"., $.^1,41y;t j,Ell9'u � :174, bit mlPvl & _. The table at the top of Exhibit B shows year-to-date FY2020-21 spending levels, $98.1M of the $99.1M, which is still ahead of the $93AM expended in FY 2019-20. Boynton Bleach General Fund UTILITY FUND The FY 2020-21 annual expenditure budget of $52.2M represents a $1.2M increase over the FY 2019-20 budget of $50.9M, see Exhibit C. Revenues &Transfers FY 2020-21 Annual Budget IUlanthtyComparison of Revenues..&Expenditures.. Amount $ 52,225 $ 50,917 97% $ (52,225) (44,128) /O Expenditures from October 2020 t o September 2021 $4;4,i�1]1�°qyy �30i,�@b,DAbd Reuervwe $�'�, 74]191,1pyo)1m � mu Expenuiwiwees �� v � .y ^SEP �® Vm �FJd1U Vm llllllllml. IIII CYCT RqY a N JUL G DEC 11".N FEE MAR1111.. APR -$10,'Wu,41941 UTILITY FUND The FY 2020-21 annual expenditure budget of $52.2M represents a $1.2M increase over the FY 2019-20 budget of $50.9M, see Exhibit C. Revenues &Transfers FY 2020-21 Annual Budget Actual to Date Amount $ 52,225 $ 50,917 97% $ (52,225) (44,128) /O Expenditures FY 2019-20 Actual to Date Annual Budge Amount 50,939 $48,850 96% (50,939) (43,132) 5% Fxrracc (nafirritl P _ P R 7RQ I K _ [P F 71R FY 2021 vs. 2020 Budget Actual /o /o 2. 5% 1.3% 2.5% 11.9% Page 334 of 896 For the thirteenth month period in FY 2020-21, • Utility Revenues realized are $50.91 M (97%), see chart below. • Utility Expenditures incurred are $44.1M (84%) of the appropriated budget. This resulted in revenues in excess of expenditures, which yielded a surplus of approximately $6.71K (note: other year-end expenses are need to close the fiscal year). FY 2020/21 4.i"TN ATY OPERAO"qNG REVENUES ('YTD Pltru September, 21021, uvuir�r�r ir�'. �JNU0Ntr,W,u, rY I, IGP�111�'all:F� >1';FF.J ✓+ I"�;p ua.f?�� G`. $"fu MEN�II na„_ 'N I'1:1', \ O r'p11,1;,n,r f N HOW(,, i Iii ; 1' ry'� PSI I yf. Imp Expenditures (Exhibit D) — Utility Fund FY 2020-21 expenditures to date (September 30, 2021) are $44.1M or 84% of the annual appropriation compared to expenditures of $43.1M or 85% for the prior fiscal year. The comparison of revenues and expenditures thru September is presented in the chart below. Baynton Beach Utility Fund Monthly Comparison of Revenues & Expenditures. Alternatives: Discuss this Budget Status Report or request clarification at the City Commission meeting. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 335 of 896 Type D Addendum D Addendum D Addendum D Addendum Description GF FY20211 Sep FinenolallAepor Revenue GF FY20211 Sep FinenoallAepor ENpense UF FY20211 Sejp�Fimanoie|Aepor Revenue UF FY20211 SeptFinenoie|Aepoift ENpense Page 336 of 896 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30, 2021 (75% of Fiscal Year) * actual building revenue will be reclass to the Building Fund. $90,000 $80,000 $70,000 $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep IIIIIIIIIIIII Cumulative 2019-20 Actual ANNE Cumulative 2020-21 Actual ..............m............. 2020-21 Budget S:\ Finance\Financial Reports\Quarterly Financial Reports\FY2021\FY2021 Budget Review - GF - thm Sept 21 Summarized001 Revenue Summary Revised Page 83/702of 896 IIIIII::III::I� i�V III::,$ FY 2020-21 FY 2020-21 TO DATE FY 2019-20 FY 2019-20 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED $ 50,558,508 REALIZED $ 50,300,576 REALIZED 99% APPROVED $ 47,501,603 REALIZED 47,182,486 REALIZED 99% AD VALOREM TAXES, net LESS TIF TAXES TO CRA 9,345,700 (9,377,669) 100% 8,693,724 (8,693,724) 100% NET TAXES TO THE CITY 41,212,808 40,922,907 99% 38,807,879 38,488,762 99% LICENSES AND PERMITS BUSINESS TAXES 1,620,200 1,505,597 93% 1,701,000 1,863,220 110% BUILDING PERMITS* 200,000 386,688 193% 3,017,500 3,218,776 107% FRANCHISE FEES 4,945,000 4,688,828 95% 4,720,000 4,503,616 95% OTHR LICENSES, FEES & PER 180,000 176,362 98% 180,000 177,093 98% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 50,000 49,223 98% 75,000 47,612 63% STATE SHARED REVENUES 9,723,737 10,195,468 105% 9,365,000 8,658,343 92% SHRD REV FROM OTHR LCL 245,000 397,171 162% 295,600 292,173 99% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 149,500 174,793 117% 144,782 166,915 115% CHRGS-GENERAL GOVT 462,000 550,702 119% 493,500 448,035 91% PUBLIC SAFETY 6,861,415 6,465,386 94% 7,120,560 6,706,598 94% PHYSICAL ENVIRONMENT 14,000 22,423 160% 14,000 6,200 44% CULTURE/RECREATION 820,500 600,722 73% 404,500 390,128 96% INTEREST & MISC REVENUE LIBRARY FINES 25,000 10,301 41% 25,000 5,594 22% VIOLATIONS LOCAL ORD. 477,109 601,699 126% 395,000 462,789 117% INTEREST EARNINGS 188,000 114,058 61% 163,000 246,953 152% RENTS AND ROYALTIES 350,500 550,081 157% 370,800 261,296 70% SPECIAL ASSESSMENTS 6,759,000 7,033,879 104% 6,689,000 6,883,198 103% SALE OF SURPLUS MATERIAL 3,000 2,633 88% 3,000 2,183 73% OTHER MISC. REVENUE 4,500,000 4,148,138 92% 4,445,000 5,597,936 126% CAPITAL LEASE - - 0% - 79,853,165 0% INTERNAL FUND TRANSFERS TRANSFERS 18,473,000 18,473,000 100% 16,642,000 16,642,000 100% FUND BALANCE APPROPRIATED 1,925,660 1,925,660 0% 1,365,468 1,365,468 Total Revenues $ 99,185,429 $ 98,995,720 100% $ 96,437,589 176,288,053 183% * actual building revenue will be reclass to the Building Fund. $90,000 $80,000 $70,000 $60,000 $50,000 $40,000 $30,000 $20,000 $10,000 $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep IIIIIIIIIIIII Cumulative 2019-20 Actual ANNE Cumulative 2020-21 Actual ..............m............. 2020-21 Budget S:\ Finance\Financial Reports\Quarterly Financial Reports\FY2021\FY2021 Budget Review - GF - thm Sept 21 Summarized001 Revenue Summary Revised Page 83/702of 896 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30, 2021 (75% of Fiscal Year) S:\Finance\Fin—nd Reports\Quarterly Financial Reports\FY2021\FY2021 Budget Review - GF - thru Sept 21 Summarized001 Revenue Summary Revised Page 8382of 896 S:\ Finance\Financial Reports\Quarterly Financial Reports\FY2021\FY2021 Budget Review - GF - tluu Sept 21 Summmized001 Expenditure Summary Revised Page 3,392of 896 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30, 2021 (75% of Fiscal Year) 11 IG:111:: ;, FY 2020-21 FY 2020-21 TO DATE FY 2019-20 FY 2019-20 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 307,464 $ 306,828 100% $ 290,194 $ 277,174 96% CITY MANAGER 866,840 864,561 100% 814,945 769,278 94% CITY HALL/GEN. ADMIN. 3,865,627 3,742,007 97% 3,105,529 2,656,106 86% MARKETING/COMMUNICATIONS 427,463 418,841 98% 457,071 377,335 83% SPECIAL EVENTS 246,351 241,902 98% 155,371 113,505 0% TOWN SQUARE 5,134,432 4,802,016 94% 6,445,370 87,113,544 1352% CITY CLERK 619,401 615,763 99% 691,961 621,995 90% CITY ATTORNEY 648,257 647,054 100% 614,894 617,595 100% FINANCIAL SERVICES 1,517,010 1,524,861 101% 1,452,144 1,378,250 95% ITS 2,768,098 2,707,707 98% 2,670,829 2,516,753 94% HUMAN RESOURCES 853,239 853,635 100% 940,651 825,110 88% PUBLIC SAFETY UNIFORM SERVICES 17,920,977 17,869,607 100% 16,656,733 16,620,116 100% OFFICE OF THE CHIEF 5,074,790 5,089,300 100% 4,465,929 4,648,498 104% SUPPORT SERVICES 12,845,135 12,799,501 100% 12,034,411 11,654,266 97% FIRE 26,952,834 26,954,395 100% 24,696,306 25,103,429 102% COMMUNITY STANDARDS 2,025,689 1,999,740 99% 2,246,232 2,057,590 92% EMERGENCY MANAGEMENT 1,465 588 40% 30,275 10,271 34% BUILDING & DEVELOPMENT DEVELOPMENT 470,333 469,262 100% 1,266,372 1,228,036 97% BUILDING 1,858 (3,126) -168% 1,819,906 1,832,100 101% ENGINEERING 753,001 771,717 102% 777,121 657,354 85% PLANNING & ZONING 780,491 785,020 101% 810,117 774,303 96% ECONOMIC DEVELOPMENT 521,242 517,312 99% 491,953 457,299 93% PUBLIC WORKS PUBLIC WORKS 108,182 107,378 99% 154,078 157,594 102% FACILITIES MANAGEMENT 2,811,455 2,634,803 94% 2,200,133 2,068,594 94% STREETS MAINTENANCE 1,301,358 1,215,991 93% 1,260,984 1,176,750 93% PARKING SERVICES 164,428 122,909 75% 0 0 #DIV/0! LEISURE SERVICES LIBRARY 2,498,277 2,493,509 100% 2,602,532 2,343,356 90% SCHOOLHOUSE MUSEUM SERV 366,233 364,362 99% 386,428 366,403 95% RECREATION 3,574,042 3,557,902 100% 3,560,088 3,345,784 94% PARKS & GROUNDS 3,759,457 3,694,073 98% 3,339,032 3,175,457 95% CRA REIMBURSABLE & RESERVES - 14,122 0% - 7,297 0% Total Expenditures $ 99,185,429 $ 98,183,538 99% $ 96 437 589 $ 174,951,142 181% * Priot Year Lease payment reclassification S:\ Finance\Financial Reports\Quarterly Financial Reports\FY2021\FY2021 Budget Review - GF - tluu Sept 21 Summmized001 Expenditure Summary Revised Page 3,392of 896 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30, 2021 (100% of Fiscal Year) REVENUES FY 2020••21 F -Y 2020••21 ")O DA ")E FY 2019-20 FY 2019-20 TO DATE ACCOUNTS BURDGE'T REVENUIIE % BUDGET REVENUE % APPROVED REAR...RZEC REA4B...UZEND $ 24,200,000 $ 23,310,046 96% APPROVED REALIZED REALIZED $ 23,670,000 $ 22,795,497 96% WATER SALES WATER CONNECTION FEE 125,000 80,461 64% 150,000 105,189 70% WATER SERVICE CHARGE 850,000 .546,608 64% 850,000 453,694 53% WTR-BACKFLOW PREVNTR TEST 17,500 41,476 237% 15,000 25,257 168% RECLAIMED WATER SALES .510,000 .563,167 110% 500,000 511,432 102% DISTRICT ENERGY PLANT 4.57,000 342,055 751'o - 158,070 #DIV/0! SEWER SERVICE 20,1.50,000 19,682,091 98% 20,200,000 19,497,608 97% STORMWATER UTILITY FEE .5,000,000 .5,4.59,199 109% 4,500,000 5,038,729 112% TELEVISE SEWER LINES 12,000 1,.549 13% 12,000 3,707 31% FEES 35,000 4,278 12% 35,000 15,804 45% INTEREST INCOME 117,181 12.5,498 107% 35,000 224,335 641% SALE OF SURPLUS MATERIAL 2,000 14,160 0% 2,000 566 0% GAIN LOSS ON INVEST (67,205) 0% - - 0% OCEAN RGE UT TAX ADM CHG 800 904 113% 800 999 125% LAKE WORTH WATER SEWER 4,000 4,4.55 0% - 3,885 0% WATER MAIN ASSESSMENT 14,161 0% - 0% MISCELLANEOUS INCOME .55,000 104,785 0% - 44,778 0% FUND BALANCE DECREASE (INCREASE) 689,.585 689,.585 100% 969,970 969,970 100% TOTAL REVENUES $ 52225 066 $ 50,917,273 97% $ 50,939,770 $ 49,849,520 98% Note: Period 12 Data + Fund Balance is being fully allocated IEY 2020/21. UT'IIII..JITYt' OIPIEIRA1-111MG REVIENUIES (YTII:I t1hru Selpteirnbelrp 2021.) INTEREST &MISC, FUNDBALANCE, STORMWATER $196,758, 0% $689,585, 1% UTILITY FEE, $5,459,199, 11% "_- IN M)aw" eWA'T'E:R SALES IIkN9EWER SERVICE """6TORMIWAT"E:R UTILITY FEE INTEREST& MISC; In -FUND BALANCE.: S:\Finance\Financial Reports\Quarterly Financial Reports\FY2021\FY2021 Budget Review- OF -thru Sept 21 Summarized401 Rev Sum Page 340 of 896 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30, 2021 (100% of Fiscal Year) I :, FY 2020-21 FY 2020-21 TO DATE FY 2019-20 FY 2019-20 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED $ 471,256 $ 246,711 52% APPROVED EXPENDED $ 518,261 $ 201,446 0% DISTRICT ENERGY PLANT WATER DISTRIBUTION $ 1,963,471 $ 1,784,514 91% $ 1,950,716 $ 778,772 40% PUBLIC WATER TREATMENT 6,880,369 6,445,884 94% 6,772,119 5,999,505 89% METER READING & SERVICES 1,387,670 1,236,569 89% 1,355,874 1,068,145 79% WASTEWATER COLLECTION 1,934,168 1,779,871 92% 1,875,479 1,694,664 90% WASTEWATER PUMPING STATNS 2,744,100 2,535,549 92% 2,651,316 2,645,098 100% SEWAGE TREATMENT 4,991,120 4,798,072 96% 4,956,120 4,954,771 100% WATER QUALITY 743,590 647,551 87% 680,844 603,529 89% UTILITY ADMINISTRATION 20,437,474 19,617,074 96% 18,537,918 18,488,554 100% UTILITES ENGINEERING 1,311,767 1,231,532 94% 1,412,638 1,278,991 91% STORMWATER MAINTENANCE 1,550,577 1,387,765 89% 1,483,072 1,228,614 83% CUSTOMER RELATIONS 1,062,369 814,327 77% 1,195,030 1,178,627 99% DEBT SERVICE 6,747,135 1,602,262 24% 7,550,383 3,012,068 40% Total Expenditures $ 52,225,066 $ 44,127,679 84% $ 50,939,770 $ 43,132,784 85% Note: Period 12 Data + Fund Balance is being fully allocated Boynton Beach Utility Fund Monthly Comparison of Revenues & Expenditures $7,000,000 from October 2020 to September 2021 $6,000,000 d $5,000,000 r v 1 $4,000,000 n rn n .`.. n .. �.. •i rn rn rn ori < rn $3,000,000 $2,000,000 $1,000,000 $0 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP S:\Finance\Financial Reports\Quarterly Financial Reports\FY2021\FY2021 Budget Review- OF - thru Sept 21 Summarized401 Exp Sum ERevenue NExpenditums Page 341 of 896 6.M. Consent Agenda 1/4/2022 Requested Action by Commission: Approve minutes from the November 30, 2021 City Commission special meeting, the December 7, 2021 City Commission workshop meeting and the December 7, 2021 City Commission meeting. Explanation of Request: The City Commission met on November 30 and December 7, 2021 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Alternatives: Approve, amend and approve, or do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 342 of 896 Type Mill'ILAtE)S Mill'ILAtE)S Mill'ILAtE)S Description M li II'l LA tE)S 11 30 2021 (SPE)CA4a lWIE)tilllg) Mill'KAE)S 12...7...21 (Workshop) Mill'KAE)S 12...07...° 1 Page 343 of 896 Minutes of the City Commission Special 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 30, 2021, at 4:30 P.M. Present: Mayor Steven B. Grant Vice Mayor Woodrow L. Hay Commissioner Justin Katz Commissioner Christina L. Romelus Commissioner Ty Penserga 1. Agenda Items A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 4:39 P.M. Roll Call City Clerk Gibson called the roll. A quorum was present. Invocation Vice Mayor Hay gave the invocation. Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk Pledge of Allegiance to the Flag led by Mayor Steven B. Grant The Commission recited the Pledge of Allegiance to the Flag. M.- •.U.. • 1. Additions, Deletions, Corrections Mayor Grant added Public Comments after Proposed Resolution No. 21-166. 2. Adoption Motion Commissioner Romelus moved to approve as amended. Commissioner Penserga seconded the motion. The motion passed unanimously. Page 344 of 896 B. Proposed Resolution No. 21-166 - Approve and authorize the Mayor to sign Subrecipient Agreement between the City of Boynton Beach and Wells Landing, LLC for the use of American Rescue Plan Act (ARPA) funds to cover the increased construction costs due to the COVID-19 pandemic. Mayor Grant disclosed he had email conversations with Wells Landing LLC and with Centennial Management, as did Commissioner Penserga. Vice Mayor Hay had no disclosures. Commissioner Katz stated he was happy the City, CRA and Centennial Management were working together on this project. They have been working for years to complete this project. They are getting many affordable workforce housing units, commercial on MLK Jr Boulevard, a new location for the Neighborhood Police Officer Program and it is a testament to the great relationship and quality work by Centennial as they secured tax credits from the State at no cost to the taxpayers. He was happy and indebted to the staff, CRA and Centennial for the project as the project is no longer a question mark, but rather an exclamation mark in the Heart of Boynton to continue to evolve and improve the conditions there. Vice Mayor Hay agreed. All he spoke to in and out of the area were excited about the project. He likened the fruition to arriving at the edge of the promised land as they were getting ready to cross over. He thanked all and stated he will be happy with the first shovel. Ms. Roque believed it was December 4th Commissioner Penserga agreed with the comments. He recalled that with TIF aside, the funding request they originally had was more than four times the amount. Ms. Roque responded they were ready, willing and able and sometimes a bird in the hand is worth two in the bush. They need to move the project forward and if the $500K is available now, they would rather take the American Rescue Funds now and whatever shortfall remains will be paid for by Centennial out-of-pocket. They thought it was smarter to move forward now and create an amazing community in Boynton Beach. Commissioner Penserga inquired if the quality would be reduced with the discrepancy and learned it would not. What Centennial submitted and what was approved is what they will build. There will be no change in quality. James Cherof, City Attorney, noted a reference to "we" has been made several times. He requested who the entity is that is referred to as "we". Ms. Roque stated Wells Landing LLC is the job, and whatever funds that were short would be taken from RS Construction and RS Development. There is still an ongoing contract with the CRA. There is $425K which the CRA will loan them and then take $1.6 million in TIF over 10 years. This is the best way to move the project forward. The total was $2.5M. Motion Vice Mayor Hay moved to approve proposed Resolution No. 21-166. Commissioner Penserga seconded the motion. Page 345 of 896 Ernest Mignoli, 710 NE 7t" Street, Apt 407, stated he comes to the meetings relative to the development and the projects and thought it was interesting the Commission holds meetings with important things that are not scheduled. He commented it seemed they have very partisan people on this Commission to the point where people come up to testify or talk about millions of dollars and they ask how they are doing. He asked what kind of thing is this. He noted the Vice Mayor calls this the promised land and he questioned what promised land is this. He asked where did you get that. He thought the Board was taking half a million dollars that should go to people who need their homes fixed up and without having their rents gouged. He thought they were feeding projects. He thought it was deal after deal. He noted the City Attorney and City Manager jump in and everything is on a first name basis and they get done whatever they want. The person who is running for mayor wants a certain type of development here. He was told people are notified of projects that are within 400 feet of their home. He opined people do not appear because they are in fear to come here, they are disrespected, character assassinated, and they have out-of-town lawyers that dominate everything. He asked how much longer is the Ft Lauderdale law firm going to dominate everything going on here. He asserted then that out-of-town people who move here are trying to make it like Delray Beach. Mayor Grant asked Mr. Mignoli if he wanted Boynton to be like Delray Beach. Mr. Mignoli replied he did not and he thought Delray Beach is a dump. Mr. Mignoli contended half of the businesses, developers and people from out of town come from Delray Beach to come to make Boynton like Delray Beach. The people and developers come here. Now they want to make Boynton like Delray with one -bedroom apartments. There have been comments made they are building near the railroad tracks and people like a little noise. He did not know where the Commission comes up with all these statements. He doesn't get the first name basis or how the law firm dominates things to the point that he knew last time at the meeting, it was not on the agenda, she should not have been up there talking, the Commission let her talk anyway and then the City conducted business. Then when he wants to speak, he cannot and then her husband said at the end he was glad he did not get a chance to speak. There were no comments online. Vote The motion passed unanimously. Mayor Grant opened Public Comments for items not on the agenda. Ernest Mignoli asked if the City Commission thought it was boring he was the only person out of 80K people that come here. He thought it was hard to believe how the City does business. He stated when you email the City Manager, or City Attorney or Board Members or the Mayor, they do not respond. He did not know if they block them. At the last meeting, there was another lawyer here, and anyone in Boynton Beach can have 49% of their home as construction. The law firm told the Board it is a state law, but Mr. Mignoli commented the Commission does not have to approve it and the Commission did not approve it. He questioned what would have occurred if he was not present and Page 346 of 896 thought the City Commission would have approved it. Mr. Mignoli commented this place will be a dump soon, overcrowded and one will not be able to drive anywhere. He commented there is a $118M building here, that is basically the Mayor's office. He does not have a law office, only a mailbox. He questioned when the next mayor gets here, who needs this kind of money. He suggested emptying the building out and making it public housing having $1,200 three-bedroom apartments for families. Now it is worth something, but instead the Commission keeps approving these projects and the statements you made. He will remember the comment, the Promised Land. He stated now the City Commission will be infusing religion into it and now the CRA is taking $500K that should have gone to people who need their homes fixed or where they are renting without being thrown out which is basically what the City Commission does each time he attends a meeting. He commented that every project is throw out regular people, get a developer, give him money through the CRA and the next thing you know, the $1,200 apartment is now $3,600. 2. Adjourn There being no further business before the Commission, Commissioner Katz moved to adjourn. Commissioner Penserga seconded the motion. The motion passed unanimously. The meeting was adjourned at 4:56 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga Page 347 of 896 ATTEST: Crystal Gibson, MMC, City Clerk Catherine Cherry, Minutes Specialist Page 348 of 896 Minutes of the City Commission Special 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, December 7, 2021, at 3:30 P.M. Present: Mayor Steven B. Grant Vice Mayor Woodrow L. Hay Commissioner Justin Katz Commissioner Christina L. Romelus Commissioner Ty Penserga 1. Openings Lori LaVerriere, City Manager James Cherof, City Attorney Tammy Stanzione, Deputy City Clerk A. Call to Order — Mayor Steven B. Grant. Mayor Grant called the meeting to order at 3:33 p.m. Deputy City Clerk Stanzione called the roll. A quorum was present. The Invocation was given by Vice Mayor Woodrow Hay. Pledge of Allegiance to the flag led by Mayor Steven B. Grant. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Mayor Grant announced the public would have an opportunity to speak on Item 1 B before the Commission's vote on the ARPA Spending Framework recommendations. Motion Motion duly made and seconded to approve the agenda as presented. The motion passed unanimously. B. Approve Staff American Rescue Plan Act (ARPA) Spending Framework recommendation presented by David Scott, Director of Economic Development and Strategy, City of Boynton Beach. David Scott, Director of Economic Development and Strategy, briefly presented the framework for approval. An overview of the (ARPA), the American Rescue Plan Act, was provided. They will discuss public outreach efforts to date, about the alignment with the Page 349 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 FIU community, needs assessment, shared feedback from non -profits, and provide information regarding available funding and recommendations around the implementation framework. As a reminder to the public, Mr. Scott stated the American Rescue Plan Act was signed into law on March 11, 2021, and was established as the U.S. Department of Treasuries Coronavirus Local Funding Recovery Funds. Several objectives were supported to urgent Covid response efforts, to replace lost revenue for eligible State and Local Territorial Tribal Governments. It was also to support economic stabilization for households and businesses. The last objective was to address systemic public health and economic challenges for under -served communities. Within that framework, the City of Boynton Beach was allocated $13,647,904. The Treasury entered a final rule on May 17, 2021, and within the rule, they determined what those funds could be used for. They were to support public health expenditures in response to Covid-19, address negative impacts to economically disadvantaged communities, replace lost public sector revenue, provide premium pay for essential workers, and invest in water, sewer, and broadband infrastructure. The City of Boynton Beach sought public input by various methods. John Durgan, Economic Development Manager, went over some of the public outreach conducted for the ARPA. They held two public input meetings for the public, the first on September 30, 2021, at 6:00 p.m. in the Commission Chambers, which was a hybrid meeting. The second meeting was held on October 28, 2021, at Fire Station #3, which was in-person only. Another input meeting was open to the public but geared towards non-profit providers, was held to get input as they provide essential services within the City. They are currently holding the City Commission Workshop and additional outreach was a public survey, which was created on August 9, 2021, which has been out for around four months. Over 300 submissions have been received to date, and those were available in English, Spanish, and Creole. They are utilizing the FIU Community Assessment; the five focus areas align with many eligible uses in the ARPA, which will be used as one of their guiding principles for funding available for the public and non-profit organizations. Many emails and phone calls were received and will be part of their data; they were also included in newsletters as well as in social media. Commissioner Romelus questioned if there was a headcount as to how many people attended the different public input meetings. Mr. Durgan did not have a number and stated he would get that information. He noted there were around four people at the Fire Station meeting. Regarding the public surveys, 13 responses were received in English, one in Creole, and one in Spanish. Graphs were shown of the survey and the final results as of this date. Information on the top three issues the City should address with this funding was consolidated. I• Page 350 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Different categories that are eligible uses for the ARPA funding were shown, which the public ranked 1 through 7 through Survey Monkey. There were over 300 responses for this question alone and this is the consolidated number ranked 1 through 7. Commissioner Romelus requested clarification regarding the replacement of lost public sector revenue used to fund local general government operations. Mr. Durgan explained one of the eligible uses for the ARPA they could use for any lost revenues the City incurred due to the pandemic. This was included because it was an eligible use, so the public ranked it 1 through 7. Mr. Durgan indicated the last question was what the biggest challenge was in recovering from the pandemic. Overwhelmingly, the answer was fear of the illness and being around other people. Mr. Scott indicated they wanted to present the alignment of the public responses with work currently being conducted by FIU on a Community Needs Assessment. This Commission has heard some of the preliminary information regarding FILI's work within the community. Their role is to identify those challenges around equity, what the community feels is important, what needs to be done to close many of the equity gaps around five focus areas: Healthcare, Education, Housing, Public Safety, and Economic Opportunity. To align what the community is saying is important regarding ARPA funding, so they can help leverage funding and present it to the Commission, so they will see the alignment between FIU priorities and priorities from the community. Carisse LeJeune, ARPA Project Manager, advised that five categories came out of the FIU study; Economic Stability and Resilience, Housing Affordable and Home Ownership, Educational Opportunities and Job Skill Development, Healthcare Access, and Health Outcome, and Criminal Justice and Safety. They have taken the FIU Community Needs Assessment along with the public survey responses and mounted them in with the ARPA categories. The five categories under ARPA were Revenue Loss, Public Health, Negative Economic Impact, Water, Sewer, Broadband Infrastructure, and Premium Pay. The following five recommendation initiatives were reviewed: • Economic Stability and Resilience. There are small business grants and loans to target the hardest-hit industries, and for Boynton Beach, it is the Fishing and Art Industries, supporting businesses that did not qualify for Federal SBA programs, technical assistance, job training, direct payments to households, food assistance, and prioritizing low to moderate -income families. • Housing and Affordability and Home Ownership. Some ARPA eligible uses are for rental and mortgage assistance, affordable housing, utility assistance, housing counseling, home rehabilitation, and homelessness services. • Educational Opportunities and Job Skills Development. Eligible ARPA uses are broadband infrastructure, internship and mentorship programs, literacy programs, 3 Page 351 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 art enhancement programs, prioritizing children that experienced at-home learning challenges, and entrepreneurship training. • Healthcare Access and Health Outcomes. There are mental health services, vaccine programs, supporting physical education programs at schools, public health clinics, childcare, home visiting programs substance and domestic abuse, and community health workers. • Criminal Justice and Safety. ARPA eligible projects would be community violence intervention programs, law enforcement efforts to reduce gun violence, investing in technology and equipment for law enforcement, and enhanced services for foster use. Vice Mayor Hay mentioned categories on the left representing the FIU category and the items on the right, which community citizens came up with. He questioned who did the marriage of everything. Ms. LeJeune stated it was a team effort between City staff and the ARPA team. FIU initiatives were based on the data -driven study by the University and then there was the survey from the public and the ARPA eligible uses. They took the ARPA eligible uses and merged them where they fit under the FIU initiatives, then took public responses and put them where they fit in the ARPA eligibility and the FIU study and put all that together to create the five initiatives with eligible uses on the right-hand side. It was noted that since the inception of receiving ARPA funding, the City of Boynton Beach has received numerous unsolicited non-profit concept proposals, which were listed in the next slide. Proposals received were shown and two others were received since this presentation was created. This list gives an idea of the type of non-profit services available in the community. Ms. LeJeune read the following non-profit services into the record: • Literacy Coalition • AmeriCorp • Building Better Readers (budget request of $309,600) • Cherry Hill Transformation • Neighborhood Revitalization • Habitat for Humanity • Summer Youth Economic Empowerment from Connect to Greatness • Center for Entrepreneurship Workforce • Steam from the GBDC Entrepreneur Institute • Black Business Empowerment Center from the Mental Health Committee • Emergency Shelter and Outreach Services from AVDA • Aid to Victims of Domestic Abuse • Connection School Children to Work Experiences from Junior Achievement to the Palm Beaches in Treasure Coast 4 Page 352 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 • Trinity Care Counseling from the Boynton Beach Coalition of Black Clergy • RM Lee Cultural Arts and Community Resource Center from the St. John Community Promise, Inc. • Short Term Housing Pilot Project for LGTBQ. • Youth in Boynton Beach from the VIDA NOVA, Inc. They believe that many more non-profit and/or businesses in the community may be interested in ARPA funding. Mara Frederiksen, Director of Financial Services, explained the breakdown of the funding as to what the first two tranches look like. The first tranche was received in May 2021 of $6.8 million and they anticipate another $6.8 million in May 2022. The following are some things that have already come before the Commission: • Housing study at $29,640 • Tutoring program at $28,147 • Wellness program for Fire and Police employees at $67,237 • Vaccine incentive for the public, which constituted gift cards and vaccines at the Hester Center, was about $60,000. • Revenue losses were $1.95 million for last year and that was already approved in the budget. • The P2P Rental Assistance, the partnership with Pathways to Prosperity with the County, is an ongoing process, so it is an estimated number. • Vaccination incentive for PBA was broken out; 70 employees qualified and received $250 or will receive in this coming pay period and that was based on eligibility on the bargaining; they had to reach a certain percentage to reach the full $500. • Vaccination incentive for the rest of the employees; 414 employees at $500 for a total of $207,000. • Currently, there is an anticipated revenue loss for next year, which will come in the budget process in July of about $2 million, which is an estimate. • Approved at the November 30, 2021, special meeting was the Wells Landing funding for $500,000. • For premium pay there were 781 employees who were active at this last pay period, so that comes to about $1.5 million. Project Manager costs are anticipated at about $150,000. Based on both tranches coming in, that leaves about $7 million left from the ARPA funding. Committed amounts were shown, which add up to about $6.4 million. Revenue losses were $1.95 million, and the estimated $2 million will come back through the budget process. Public Health, which was vaccine incentives, etc., was about $351,00; negative Economic Impact fell about $632,000; and Premium Pay was about $1.5 million, so the 5 Page 353 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 total committed cost is $6.4 million. The ARPA team has broken down the remaining $7 million from those first two tranches into priorities or buckets, which were listed as follows: • $2.5 million for Economic Stability and Resilience • $2 million for Housing Affordability and Homeownership • $1 million for Educational Opportunities and Job Skills Development • $1 million for Healthcare Access and Outcomes • $500,000 for Criminal Justice and Safety Ms. LeJeune mentioned the non-profit unsolicited proposals the City received up until about a week ago. On the left side, they have taken the FILI initiatives and the proposed amount to put in a bucket and then put in the non-profit concept proposals. Briefly reading and pulling elements of the programs, they have temporarily put the items in different categories, so there is an idea of what type of funding and how much is being requested. Mayor Grant questioned if these numbers are their proposed numbers or the City's recommendation of how much to allocate. Ms. LeJeune stated the blue on the left side is the staff's recommendation of what to allocate for each of the five buckets or initiatives. The middle section with non-profit concept proposals are amounts given to the City by different non -profits, which is based on budgetary requests for programming. Totals on the right side took whatever programming from the non -profits was added. For example, the Economic Stability and Resilience has the Black Business Empowerment Center and the RM Lee Cultural Arts and Community Resource Center; they are requesting $600,000. They do not have a number from the Black Business Empowerment Center; however, at this time, they know roughly $600,000 is being requested for that bucket. The staff's recommendation is to put $2 million in the Housing Affordability and Home Ownership bucket and between the Cherry Hill Transformation, Neighborhood Revitalization, and the Short -Term Housing Pilot Project from VIDA NOVA, the request thus far is $384,000. The staff's recommendation for Education Opportunities and Job Skills Development is $1 million. The different non -profit's requests adds up to $3,575,366. The last two buckets are Healthcare Access and Health Outcomes for $1 million. So far, the request has been $800,000. It Page 354 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Staff's recommendation for Criminal Justice and Safety is $500,000; no requests have been received so far. Vice Mayor Hay questioned if all requests from the public have been categorized and put in one bucket or the other. Ms. LeJeune indicated public requests were in an earlier slide provided by Mr. Durgan. As far as requests with dollars associated, they have taken requests already received and put them in the framework to give the Commission an idea of what this framework would look like. They wanted to bring forward what was received so far with non -solicited non-profit proposals. They are looking to the Commission for Procurement guidance. Staff does not recommend immediate allocation of the funding today based upon what has been seen on the screen; one reason is that the proposals have not been fully vetted. As stated, she pulled out some ideas, but they have not done a deep dive into each of the proposals. Besides the unsolicited proposals, they have since received two others and she is certain there are more in the community that might not know they can send something in. Commissioner Penserga questioned if there is a uniform application people can fill out and what the vetting process is. He asked how they determine what is a strong, valid, reputable proposal versus one that does not have enough information. Ms. LeJeune explained they are looking at the direct allocation to non-profit proposals, which are not being recommended because it could be more equitable to allow others to apply. Another option was City Partnership opportunities like the summer partnering with schools in the District to provide a summer tutoring program for middle schoolers and the Notice of Funding Opportunities. There will need to be an application process for the Notice of Funding Opportunities, which has not been created because they are looking for direction from the Commission. If they can put out grant opportunities to the entire community through Notice of Funding Opportunities, they will have an application, hold an application Workshop, use requirements from the Federal Guidance for ARPA, and a Risk Analysis. Federal requirements come directly from the Compliance and Reporting document from the Federal Government and the responsibilities that go along with being a sub -recipient to the City, which include Federal Uniform Guidelines from CRF, Part 200. Some other requirements are encouraged by the Federal Government referred to as Risk Assessment Requirements. They would look for internal controls to ensure Federal funds are used solely for preauthorized purposes. The Document Record Retention Policy needs to adhere to CFR, Part 200. Potential, personal, or organizational conflicts of interests, fiscal and administrative oversights of grant awards, and who the person responsible for that organization is, and if they are experienced. They would look for policies and procedures in place to manage sub -awards and monitor the activities of sub -recipients. All activities and expenditures throughout the life of the grant will have to be monitored. Time distribution records, which accurately reflect work performed on specific activities, are in the approved programming. Budget F Page 355 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 estimates do not qualify as support to charges to Federal awards. Many requirements would go into this application. Commissioner Penserga suggested as staff proceeds through the process and have conversations with non -profits, he highly encouraged everyone to speak with each other because there may be similar proposals offering services and there may be space to partner and potentially save money. They may be able to reduce additional overhead or administrative costs and could spend more of the money on the actual service of the community. If they can promote partnerships, they can be more efficient spending the money, and those are projects he would be more inclined to support. Mayor Grant stated this is their last source of funding, so other sources of funding proposed programs should be investigated. He suggested looking at available grants such as CDBG, SHIP, etc., that could be a funding source. Use ARPA last and let it be the final mile for the gap. The Treasury wants to see sustainability. He questioned what happens to the program when the recipient must demonstrate that the program will sustain itself in some form and not go away. They have to report quarterly to the Treasury on expenditures and the Treasury has a 90 -day window to say no. If questions cannot be answered, the Treasury will take the money back. Commissioner Katz appreciated the way this is being presented. He agrees 100% that they need to define and communicate the criteria for potential applicants. Currently, there are several positive solicitations, but they were not made based on any expectations or legal requirements pursuant to funding from the Federal Government. He thought many of the proposals that have merit will find that once the criteria are laid out, answers would be needed to flush out those proposals so money is not being given to a program that will not exist in a year. He questioned if they could request applicants to disclose any requests made for these funds from other government entities to make sure money is not being requested elsewhere. Ms. LeJeune advised many State and Federal grants ask what other funding sources are being used and if applicants have received funding from the Federal Government or another State Agency for this project. If the Commission would like that information in the application, that could be inserted. Commissioner Katz mentioned the allocation for small businesses, and he would want to know if funds were already received through the CRA or the City, because other businesses have not, and they need to be prioritized before the money runs out. Ms. LeJeune indicated one of the guidance points they are looking for is the Commission's preference if they decide to put out Notice of Funding Opportunities for grants and if they want it to be for non -profits only or if they would be open to non -profits and for-profit businesses. Commissioner Penserga questioned if there are any criteria by law that requires the Page 356 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 money to be spent within their municipality. Ms. LeJeune stated from the Federal Government, which is not a criterion because many Cities look at it regionally; however, the City of Boynton Beach can say if they give funds, they must be spent in Boynton Beach for the benefit of Boynton Beach citizens. Whatever is put in the application is the only thing the money can be spent on. As they go through quarterly reporting, which sub -recipients are responsible for reporting to the City, they will have to show where the funds were spent and proof that the funds were spent for the approved programming. Vice Mayor Hay mentioned Treasury Guidelines and questioned if they were strictly from the Government and if they were going to add more. Ms. LeJeune advised the most stringent from the Treasury Guidelines come from the CFR, Part 200, which every municipality in the State of Florida was required to incorporate into their Procurement policy several years ago. They are obligated to make sure the requirements put in the application comply with State and Federal requirements. The requirements she read off the sheet is a recommended Risk Analysis from the Department of Justice, and it was strongly encouraged that recipients follow those guidelines when issuing sub -recipient funds. Mr. Scott reiterated that the Commission could add additional criteria if it does not conflict with current requirements from the Treasury and the Justice Department. Lori LaVerriere, City Manager, mentioned the buckets identified will be broken down to $7 million and noted that is a rough guideline. Their recommendation is to implement the competitive grant process, so it provides an opportunity for the entire community and others that did not hear about the ARPA. They may find what is coming in and what gets considered may have a lot in Economic Impact and not much of anything in Criminal Safety. They are going to come back to the Commission with those responses and the Commission will adjust their priorities. Staff wants the Commission to think about what is most important to them. She thought that decision should be made after seeing the requests and needs from the community. This is completely fluid, and the lists were meetings they had with others; this has been a constant community conversation and needs to continue. Mayor Grant questioned if a timeline has been set. Ms. LaVerriere stated they have two years to get the money committed, by December 2024, and then by December 2026, the money must be spent. They have been collecting applications and have an idea of what their application could look like, but they want to put it together and bring it back to the Commission. Mayor Grant knows there is urgency in the need, but he did not want this to drag on too long. p Page 357 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Ms. LaVerriere thought with guidance, they could get this on the streets after the holidays and should be able to get a draft to the Commission by the end of January, early February. After that, it could be put on the streets for however long the Commission desires. Commissioner Romelus commented she would not want it to surpass their time on the Commission. Ms. LaVerriere stated they would have to move quickly. Vice Mayor Hay agreed with moving expeditiously, but once they start the vetting process, he wants to make sure those agencies missing minor things be allowed to comply, that the door is not closed because pieces are missing. Ms. LaVerriere stated it is not going to be a hard bid situation; they can set the rules. Ms. LeJeune mentioned the concern was discussed with the ARPA team and Mr. Scott had a great idea and said, "Let's have a Workshop for applications; let's invite people to come in and they will walk them step by step to help fill out the application". Commissioner Romelus mentioned a few submittals she observed and wanted to give feedback to applicants who were able to submit some things for this exploratory round. Commissioner Katz questioned if there is a list of all non -profits registered within the City limits of Boynton Beach. If so, he would like to see a communication sent to every non- profit in the City once the application is devised. He asked if there is a requirement in Federal Law that allocated funds cannot be used to cover existing operational costs of a non-profit. Ms. LeJeune replied yes if they are properly licensed. Regarding Federal Law requirements regarding allocated funds is in the Report and Compliance Guidelines from the Treasury. Commissioner Katz questioned if the Commission would be able to allocate funds in tranches if someone asked for a certain amount and had a timeline, so a check is not being cut for a certain amount of time. Ms. LeJeune stated the distribution of funds is at the discretion of the City Commission. Commissioner Katz commented that anything relative to helping students needs to be driven by targeted enrollment. He requested a list of students be derived based on metrics provided by the School District when anyone says they are going to work with students within their communities. The list was used for the summer tutoring program, and it shows students who were desperately behind in grade level, etc. 10 Page 358 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Ms. LeJeune stated that is part of the discussion. They need to require metrics and have recipients meet outcomes, but that is feedback they would like to have from the Commission. The suggestion of using existing types of metrics is not only easy, but it helps them meet the evidence -based requirement, so the metrics are currently being used by other educational institutions. Mayor Grant opened the discussion to the public. Bishop Bernard Wright, CEO of Bernard Wright Ministries, advised that Bernard Wright Ministries is a 501c non-profit entity that has been operating in this City for about 10 or 11 years. They have been active throughout the pandemic, feeding people and doing many other things. He has been doing a Walk Against Gun Violence every month and is trying to get people who have been strongly impacted to join them and make a statement. He mentioned the need for tutoring. He would like Bernard Wright Ministries and Boynton Strong to be considered and they would like to get money so it could be used appropriately for the community to make a change for the people. He would like a chance to submit a proposal. Annette Grey, CDBG Entrepreneurship Institute, 1500 Gateway Boulevard, Boynton Beach, indicated it is important to remind staff, participants, and the Commission that the City of Boynton Beach municipality boundaries are complex. She believes the boundaries should be included with the grant or there needs to be a discussion about the geographic boundaries for qualifications of the non -profits or organizations that will compete for this grant. The Center for Workforce development has been doing business in Boynton Beach and Palm Beach County for 20 years. Their proposal was set up in a way to capture some of the work they are already doing and an expansion on some of the work due to Covid. She mentioned the $500,000 under Law Enforcement and noted they have been doing a Youth Crime Prevention Program and have received funding from the Boynton Beach Police Department and the Sheriff's Department. There is no request for those funds, it is incorporated under One Center, which is proposed to be in Boynton for Boynton Beach students and by Boynton Beach hired staff. When the proposal is received, remember there are consolidated efforts under one roof doing multiple things because they want to catch the students at an early age and work with them through and after college. Ernest Mignoli, 710 NE 7t" Street, Apt. #407, Boynton Beach, has become interested in Boynton Beach politics, reaction to Covid, reaction to Federal money granted to municipalities, and the processes that go on, especially during open public meetings, since he moved here in 2020. He has expressed concerns in the past and feels there are many conflicts with this Administration and its agents. He found that the process is open to a taxpayer, like himself, but to question those conflicts and to be able to ask questions is denied. He noted Federal money is for general people, it is not supposed to be earmarked for certain lifestyle people, certain religious people, certain economic, etc. It is supposed to be for people first, not second, not for Arts, businesses, music, parties, functions, paying City employees to get vaccinated, etc. That is not a good use of money, the money is for food, clothing, homes, getting kids to walk to school safely, getting lights Page 359 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 on streets, and getting crime down in the City. Most things talked about are very partisan. There are a lot of conflicts; he does not like it and does not think it is fair. Gina Griffin, Junior Achievement of the Palm Beaches and Treasure Coast, announced they are celebrating 40 years of service this year. Since 1981 they have inspired and prepared 738,000 youth throughout their five -County area and taught them Financial Literacy, Entrepreneurship, and Workforce Readiness Programs, which are provided free of charge to all public -school students based on funding from the community. Over the last two years, despite the pandemic, they have tripled their impact from 20,000 kids a year to 60,000 a year and in Boynton Beach, they doubled their impact from 2,300 students to 5,000 students. She clarified the $1.6 million in their proposal is their overall organizational budget, they were seeking $145,000, which breaks down to about $29 per student served. She invited the Mayor and Commission to visit Cross Point Elementary on December 10, 2021, or December 16, 2021, because they are serving the entire school through volunteer mentors who are being trained by their staff to teach their curriculum. Jessica T. White, CEO of the Sexual Exploitation Abuse, Child Protection Agency, wanted to be sure there is funding for education. They want to bring an academy to Boynton Beach to educate community members 18 and older, the Police Department, Parks and Recreation Department, and the Commission. They want to provide education that will help prepare against sexual crimes and prevent them from happening to children as well as providing what signs look like when a child is being sexually abused. During the pandemic, a lot of children were impacted by this because some of the predators they were with were family members; 90% of children know their abusers. The program they are proposing will be about $20,000 and that is what they are requesting. Next month they are working with an organization by Pastor Sharon Hobbs, to have a Human Trafficking Walk in Boynton Beach. Chuck Ridley, Political Coordinator for Blue Collar Workers SEIU, indicated that many members of their organization throughout Palm Beach County live in Boynton. As their representative, he was here to congratulate this Board and staff for the foresight they have in this process being discussed today. He has observed City Councils and Commissions throughout Palm Beach County and not one has had the foresight to do and look at what this Commission is struggling through. The ARPA funds came to change how business is done. He is aware of several organizations that have come together and are looking to work in a complementary, non-competitive manner. The City of Boynton Beach can be the flagship of how community business is done moving forward. Pastor Rae Whitley, Boynton Beach Coalition of Clergy and Trinity Counseling Center, wanted to bring clarity to the document regarding the proposal. They submitted a proposal when it first opened and in the last two weeks, they decided for the greater good of the community and stakeholders, to create a huge proposal with the faith -based CDC, which includes many stakeholders. They will concede to the second proposal as part of the greater good for the community. Under that proposal, eight different stakeholders' 12 Page 360 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 organizations have created one large proposal. They identified the fiscal agent for all the organizations meeting the requirements mentioned. He is supporting the latter proposal they were not able to submit in time and he will make sure each of the Commissioners have an email of the proposal. He supports everything the Commission is doing at this moment. Mayor Grant asked what the eight organizations are. Keturah Joseph, Executive Director of the Boynton Beach Faith -Based Community Development Corporation, apologized for submitting their application late. They were trying to form this collaboration and meet with stakeholders. Boynton Beach Faith -Based CDC will be the lead agency with this group, so it is them, Healthier Boynton Beach, Boynton Strong, Pathways to Prosperity, Trinity Counseling Center, Boca Helping Hands, Boynton Beach Mental Health Community, and the Coalition of Trilogy. They had meetings over several weeks and a proposal was put together that would fit under one umbrella. It is a collaborative effort with all those agencies coming together. She questioned if this is a check forward or a reimbursement process. Ms. LaVerriere advised they do not know at this time, but she thought it would be more like a reimbursement. Ms. LeJeune indicated she would ask staff if a portion of the funds would be available immediately once the grantee would be awarded and then the directives of that grant continue to follow along the path. She understood Ms. Joseph's point about trying to do the reimbursement, which is usually one of the most difficult points about any business doing business with the government. Sharon Hobbs commented that she has not submitted a request, but stated the Human Trafficking Awareness Walk and presentation will take place on January 22, 2022. They expect it to be impactful, but while listening, she understands funds will not be available before that time. They were asking for $5,000 to pay for media support and all the activities that go along with the event. Mayor Grant did not know if they were allowed to use this for events and suggested she come to the City Commission meeting and make a formal request to the Commission, who may be able to use their Community Support Funds in a more expedited manner. There were no further comments at this time. Mayor Grant advised since there is not a second meeting in December the application should be ready for Commission approval by January 4, 2022. He asked if Mr. Scott could have the draft sent within two weeks, by December 21, 2021, so individual comments could be sent to him by December 27, 2021, to be compiled into the Commission's comments for the final application where they can make slight adjustments, with it going out on Friday after making any adjustments at the City Commission meeting. He thought 13 Page 361 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 a Workshop would be needed within 7 to 14 days. If the Notice of Funding Opportunity goes out on January 7, 2022, they need at least 30 days, which would pass the first meeting. He would say either January 11 or 18, 2022, and on March 1, 2022, the Commission would decide on the allocation of funds because anything past March 1, 2022, would not give a few of the Commissioners the ability. It is going to be an aspect of reimbursable versus seed funding where seed funding would always be a little smaller than reimbursable to start with. He would say that part of the application is the actual funds going to the community, not being spent through the non-profit. If it is job training or housing, he questioned how that money is going to the actual people. He mentioned transportation in under -served communities. He would like to see the City move forward with a bike or ride -sharing component because that is something he believes the City has looked at and needs to make sure their community can to get to one place from another. Vice Mayor Hay stated the Commission previously talked about that and it is about connecting the community to jobs. Ms. LeJeune indicated a bike -share program, which is normally considered a mobility program, would have to have to be important elements to make it fit into the ARPA. The first would be that it would have to serve the disproportionately impacted communities in Boynton Beach, so it would have to be specifically for those areas of the City. Secondly, transportation would be to get to job centers or to food if people live in a food desert. Dots could be connected to something that is a negative impact on a disproportionately impacted community; a ride -share program helps people get to food, jobs, job training, education, etc. Mayor Grant mentioned the recommended priorities in the budget and stated he would want to move half a million dollars from Economic Stability and Resiliency to Educational Opportunities and Job Skills Development. Commissioner Penserga commented that he has not seen food in the proposals. They have all spoken about the food desert in the heart of Boynton and the need for a healthy fresh food grocer. If someone comes forward with a plan to do that, they will have his vote. This is something that has been discussed by the Commission and at the Community Listening Session. If someone could address this as a strong, solid plan, long- term, sustainable, meets the needs of the community, and stretching the money to make the maximum impact, long-term dividends, what could be better than food and health. The Commission had this conversation several months ago and something was said along the lines that the money could not be used for Economic Development, but it could be used for Economic Recovery. He asked if there could be a seed funding program to help a husband -and -wife team because something small and entrepreneurial would have helped them during the pandemic when they could not work or lost their job. That kind of project and support does not fall under other categories. Ms. LeJeune answered yes, the Treasury sent out a Question -and -Answer Response based upon the IFR for clarification and in that Q & A, it specifically says it can be used 14 Page 362 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 for small business start-ups for people who were negatively impacted by the Covid-19 health emergency or for small business start-ups within a disproportionately served community. There is a possibility they could ask for money for that. The other question to resolve the issue of food deserts within the City was discussed ten years ago. It goes back to the requirements in the IFR. If it is a disproportionately impacted community and food has been identified as something that is a negative impact, yes, the money can be used to somehow provide the food whether it be by volunteers at drive-thrus where food is placed in vehicle trunks. If something more permanent is the desire, they would have to investigate to determine exactly what criteria to make it fit. If they want to provide food resources to a qualified Census tracked community, yes, that is an eligible use. Mr. Scott stated one of the ideas was community gardens; they bring a community out and they help build safety around communities and build resiliency. That might be something depending on how it is structured that one of the non -profits may want to Commissioner Penserga advised he did not want anything temporary; he was talking about a long-term permanent grocer. Mayor Grant questioned if there was anything else from the Board; otherwise, he would request an Amendment moving half a million dollars from Economic Stability and Resilience to Educational Opportunities and Job Skills Development. Motion Motion made by Commissioner Katz, seconded by Commissioner Romelus, to approve moving a half -million dollars from Economic Stability and Resilience to Educational Opportunities and Job Skills Development. The motion passed unanimously. Ms. LaVerriere questioned if it was the will of the Commission for staff to go forward and create the Notice of Funding Opportunity. Mayor Grant asked for a second motion for staff to create the Grant Application, so it could be finalized at the January 4, 2022, City Commission meeting. Motion Motion made by Commissioner Romelus, seconded by Commissioner Penserga, for staff to create the Grant Application, so it could be finalized at the January 4, 2022, City Commission meeting. The motion passed unanimously. Commissioner Katz stated there is the issue of the City Partnership Opportunities with Principals of the elementary schools, which they may wish to bring forward from time to time for approval. He questioned if that was still acceptable under the ARPA. 15 Page 363 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Mayor Grant clarified Commissioner Katz was requesting a conversation with the County and School District. He questioned if ARPA allows funds from the County to be given to the City to be spent if they are Unincorporated Boynton Beach. Ms. LaVerriere stated that she talked to Jay Boggess, Assistant Superintendent of the Choice and Innovation Division for the School District of Palm Beach County, and he said they would love to craft a program with the City, but it may take some funding. Mayor Grant stated he would want a consensus to have the City work with the School District and County to maximize ARPA funds for Palm Beach County as a region. Ms. LaVerriere mentioned Arts and Enrichment programs for the schools. Poinciana Elementary is mostly STEM and they do not have exposure to the Arts. These are kids in Title 1 schools that the City could work with to create Art and Music programs at the Cultural Center and allow the kids to come after school to have access to those programs they normally do not have access to. Mayor Grant commented that Commissioner Katz has helped donate to a scholarship fund in the past, which is the aspect of the Youth Empowerment. If someone qualifies for a scholarship being in the low or very low-income bracket, the children have an opportunity to be a part of extracurricular activities in the City of Boynton Beach. He would want to make sure those funds are being used, so there is no space in extracurricular activities. Ms. LeJeune asked if the Commission is going to open the Notice of Funding Opportunity to both non-profit and for-profit entities. She noted that some of the things questioned such as start-ups for the mom-and-pop business, bike -share program, and if someone is going to come in and do a permanent grocery store, are usually for-profit businesses. Mayor Grant replied yes, they are not limiting it to non -profits. Vice Mayor Hay concurred. Covid-19 impacted everyone, whether they are profit or non- profit. He mentioned a document he reviewed, and many of those types of ideas and concepts are addressed. In his opinion, they have to help everyone possible whether they are profit or non-profit. Ms. LeJeune stated she would give preference to non-profit entities because of the nature of the work they do and the impact of service they provide to residents they serve. She was not saying they should not open it to for-profit. There should be a division of allocation for for-profit versus non-profit. Mayor Grant stated it was the fact they can award, so it would be up to the Commission to determine it because someone may ask for a million dollars and they could award them $100,000 and vice versa. They are focusing on making the community better, so the non- profits have that component where it is not going to Administrative funding, it is for 16 Page 364 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 expansion, and if there is a for-profit that wants to do that as well, knowing they are helping them offset costs to be profitable in the community. Ms. LaVerriere thought that could be addressed when they have the draft Notice of Funding Opportunity to review and adjust. Vice Mayor Hay questioned if the Commission would have all their vetting from a City standpoint included by January 4, 2022. Ms. LaVerriere advised they would be finalizing the application to put on the street for 30 days on January 4, 2022. Based on the criteria in the application, they will review it, rank it, and bring it back to the Commission to decide how they want to divide it and provide recommendations. Commissioner Katz mentioned the 30 -day window and questioned if there is a way to get a communication out before the holidays so they do not find out about it during the 30 - day window. He would like the non -profits to be aware before deliberation on January 4, 2022, that way those who have an interest have been given a chance to engage if they have not. Ms. LaVerriere stated it will be in the newsletter and on the website. They have a good list of the non -profits, which was utilized to notify everyone when they did the non-profit stakeholder meeting and people still missed it. Ms. LaVerriere indicated they also partnered with the County, where the County said they have so much money in Rental Assistance and to help people apply to use their money because they are having a hard time giving out the funds. Vice Mayor Hay questioned how strong the sustainability element of the vetting process is. Ms. LeJeune stated sustainability of programming is encouraged by the Treasury Department. It is not an actual requirement; however, the City Commission can put whatever requirements they wish in the application. They could insert a question that asks how applicants plan to continue their program after the ARPA funds run out. There being no further business Mayor Grant adjourned the meeting at 5:18 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant 17 Page 365 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzione Deputy City Clerk 18 Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga Page 366 of 896 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, December 7, 2021, at 5:30 P.M. Present: Mayor Steven B. Grant Vice Mayor Woodrow L. Hay Commissioner Justin Katz Commissioner Christina L. Romelus Commissioner Ty Penserga 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:39 p.m. Lori LaVerriere, City Manager James Cherof, City Attorney Tammy Stanzione, Deputy City Clerk Deputy City Clerk Tammy Stanzione called the roll. A quorum was present. Invocation by Pastor Rodney Wilkinson, Gospel Fellowship The Invocation was given by Pastor Rodney Wilkinson, Gospel Fellowship. Pledge of Allegiance to the Flag led by Commissioner Katz Commissioner Katz led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant added Item 3D to the agenda. 2. Adoption Motion Commissioner Penserga moved to approve the agenda as amended. Commissioner Katz seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Penserga attended the Holiday Parade and thanked staff for their hard work, Page 367 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 including the Christmas Tree Lighting event. He appreciates the commitment to all the series of outdoor events including the First Friday. Vice Mayor Hay enjoyed the Holiday Parade and Tree Lighting. He also attended the Veteran's Memorial Recognition Service. He continues to assist with Feeding South Florida on Thursday mornings. He wished everyone a Merry Christmas, Happy Kwanzaa, Happy Hanukkah, and Feliz Navidad! Commissioner Romelus reiterated Commissioner Penserga's comments to staff. She had a wonderful experience and since it was her last experience as a Commissioner of District III it was bittersweet and memorable. As they went down Federal Highway, she noted how much the landscape of Boynton Beach has changed over the years and she gave a heartfelt thank you to the City employees and residents. She noted that some residents from 500 Ocean were upset about the parade and their inability to access their building, and she hopes staff was able to resolve that or provide some resolution. Ms. LaVerriere indicated that the Police Department reached out to those residents. Commissioner Romelus thanked the Police Officers and Firefighters for keeping the event fun and safe for everyone in attendance. Mayor Grant attended the Transportation Disadvantaged Local Coordinating Board on November 17th. On November 18th, he attended a special meeting for the Transportation Planning Agency to discuss an Interim Executive Director and hiring an agency to look for a new Executive Director. He attended a meeting with the Boynton Beach Veteran's Task Force and gave a tour of the new City Hall to the Mayor of Les Cayes, Haiti. On November 20th, he attended the Boynton Beach Art District's Art Walk. On November 22nd, he attended the General Employee's Public Pension meeting, and the Boynton Beach Historical Society's event. On November 29th, he did a tour of the Police Department and the Real -Time Crime Center. On November 30th, he attended a meeting with Boynton Beach's Sister City Rauma, Finland for economic change with the Boca Chamber of Commerce. On December 1St, he attended a Mothers Against Drunk Driving event held at City Hall. On December 2nd, he attended a meeting with Neuro Behavioral Hospital who bought the Watershed building in Quantum Park. On December 3rd, he attended the Tree Lighting and thought it was a great event. He attended some of the art displays and noted that they need to make sure there are lights so people can see. On December 6th, he attended a meeting with the Transportation Planning Agency to discuss a Transportation Surtax. On December 7th, he was a key speaker for the Pearl Harbor Remembrance 80th anniversary and the 77th anniversary of the Battle of the Bulge. That afternoon, along with the Commission, he attended a special meeting for the American Rescue Plan Act Funds. He is leaving a little early this evening, he was awarded the Global Statesman by the United States Global Leadership Coalition. He will be speaking with Madeline Albright, a couple of Admirals, Generals, and Mayors from around the country to discuss Sustainability and Resiliency. 3. Announcements, Community and Special Events and Presentations E Page 368 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 A. Lori LaVerriere, City Manager, will introduce our new Director of Utilities, Poonam Kalkat. Lori LaVerriere, City Manager, introduced Poonam Kalkat, new Director of Utilities. She came from West Palm Beach where she served Utilities since 2008, most recently as their Director of over 300 employees and over a $112 million budget. Most impressively, Ms. Kalkat has a Master's in Science, Physiology, and Biophysics, and her Ph.D. in Biochemistry and Molecular Biology. Ms. Kalkat thanked everyone and appreciates the opportunity. B. Hear report on Florida Atlantic University Entrepreneur's Open House by Jessica Beaver, Associate Director, Florida Atlantic University Tech Runway. Jessica Beaver, Associate Director, Florida Atlantic University Tech Runway, thanked the Commission for allowing her to provide an update on the progress and they are looking forward to a great 2022. C. Announcement of the 50th Annual Holiday Parade Awards by Gabrielle Favitta, Events Manager. Eleanor Krusell, Director, Marketing & Events, announced that this year's 50th Parade had 60 entries and a total of 1,843 participants, making it the largest City Holiday Parade to date. She thanked the City Departments every one of them played a role in the success of this event. She also thanked City employees who volunteered on their own time. Ms. Krusell announced category winners of the 50th Holiday Parade and thanked the Judges. Starting Wednesday, December 8th, the community will be able to vote for their favorite parade entry via the Facebook album online, by calling 561-742-6017 or emailing Marketing@BBFL.us. The contest will run through Monday, December 20th until noon. Votes will be tallied and announced on December 20th. The winning entry will be notified and awarded a People's Choice trophy by the Mayor. D. Proclamation for Connect to Greatness, Inc Cassandra and Andres Thaddies accepted the Proclamation and thanked the Mayor, Commissioners, and City Manager. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Mayor, this three-minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 3 Page 369 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Annette Gray, GBDC Entrepreneurship Institute, 1500 Great Way Boulevard, invited the Mayor, Commission, and citizens to the GBDC Holiday Carnival. For the Holiday Carnival, they will have Homeless Outreach from 2:00 p.m. to 6:00 p.m. The components are the same; they will receive a shower, be able to do laundry, get a haircut, there is a clothing drive, music, a hot meal, and a Christmas present. Later in the afternoon, they are going to give Christmas presents to nominated and registered youth ages 12 to 18. They will end the evening with a drive-in movie, and everyone is invited as long as parking is available. The event will be at the Ascension Lutheran Church at 2929 South Seacrest Boulevard. Because they are dealing with the homeless population, bus tickets were purchased, so people can get to the event and back to their respective places; Bus Stop #6343, Route 47, will drop them right in front of the church. If anyone knows of a family who has teenagers who could use an extra gift, please reach out to their website, w:,, t)(;,taeii,(.)irq. Commissioner Penserga questioned if Ms. Gray has a sponsor for the mobile shower and laundry. Ms. Gray replied she would like one. Imon Karim, 214 NE 31d Street, commented that this will be their fourth year celebrating February 21St as International Mother Language Day. He invited the Mayor and Commissioners to attend. This year will be a blockbuster event Mayors and Commissioners from Greenacres, Riviera Beach, Belle Glade, Pahokee, and South Bay, are attending the International Mother Language Day celebration. He asked if the Marketing Department could help market this to the community. The celebration will take place on February 20, 2022, at Sara Sims Park. There will be music, bounce houses for the kids, and food. He also inquired if a decision could be made during the next meeting regarding his monument. Commissioner Penserga suggested that Mr. Karim send his request in writing to the City Commission. Ernest Mignoli, 710 NE 7t" Street, stated that he is getting involved in City politics for many reasons. Perhaps there will be more receptive people in March when the Commission starts fresh. He thinks the outright discrimination over the choice of holiday decorations should be investigated. He believes they should be accountable for taking away holiday decorations from certain people and not others for no reason. Since November he has been trying to donate a $1,500 nativity scene to the City and the Commission refuses to talk to him or accept the donation. The Supreme Court has ruled that Menorahs, Kwanzaa, nativity scenes, and trees are decorations, not religious statements by a City or municipality; but this City chooses certain ones and placed a fish at the top of the Christmas tree. There being no further comments from the public Mayor Grant closed Public Audience. 5. Administrative A. Approve the request of Mayor Steven B. Grant to distribute $200 of his Page 370 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Community Support Funds to the Boynton Beach Historical Society. A motion was duly made and seconded, to approve $200 of Mayor Grant's Community Support Funds to the Boynton Beach Historical Society. The motion passed unanimously. Randall Gill, President of the Historical Society, appreciates everything the Mayor and Commissioners are doing. The Holiday Parade was one of the best the City ever had. The Historical Society is happy to present educational programs and special events and they appreciate the City's support in attending different events. They are working with the Boynton Women's Club to have the Third Annual Hall of Fame Harvest Show held at the new Cultural Center on January 15, 2022. B. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Motion Commissioner Penserga nominated Gregory Hartmann as a member to the Art Advisory Board. Commissioner Romelus seconded the motion. The motion passed unanimously. Motion Commissioner Romelus nominated Tiffany Crump as a member to the Historic Resources Preservation Board. Commissioner Penserga seconded the motion. The motion passed unanimously. Motion Vice Mayor Hay nominated Geoffrey Campbell as an alternate member to the Recreational and Parks Board. Commissioner Romelus seconded the motion. The motion passed unanimously. Motion Commissioner Romelus nominated Dan Winter, Sr. as an alternate member to the Recreational and Parks Board. Commissioner Penserga seconded the motion. The motion passed unanimously. Mayor Grant moved Items 9.A and 10.A before the Consent Agenda with approval from the Commission. ILY, 11=11 Commissioner Penserga moved to approve the agenda as amended. Commissioner Romelus second the motion. The motion passed unanimously. 5 Page 371 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Item 9.A was heard out of sequence at the request of the Mayor. Mat Forest, Ballard Partners, representing the City of Boynton Beach, provided a quick Legislative update. Six Pre -Session Committee weeks have wrapped up, but a Legislation can continue to get filed as they move towards the January 11, 2022 Session. Dates are important and it is important to count how many days there are to get things done. As of this date, there are 34 days until the start of the Session, which begins in January 2022 and ends on March 11, 2022; there are only 94 days until that date, and they will not go back again until the November 2022 elections. As they go into the Session, they are currently sitting at about 1,026 Bills that have been filed for consideration and they are not done yet. Many other Bills will be filed between now and when the Session starts, the deadline to file is January 11, 2022. The poor life expectancy of a little Bill is about 8% to 12% and very few make it across the line in the exact same form they are filed. The amendatory process is key to what they do in Tallahassee. He will provide a report in the next week or so. He has worked extensively with staff for the last few months and five Appropriation Requests have been filed for the City, which they are pushing in Tallahassee this year. This is not a handout or a charity case, this is what compelling projects there are in the City of Boynton Beach they think other people in the State of Florida should be contributing their tax dollars to. It is important to put together projects they think have compelling State interests and it is an extensive process to get the application filled out and takes a lot of staff time. With staff's assistance, five requests have been filed: • $669,000 for a Public Safety Mobile Command Center • $500,000 for Chapel Hill neighborhood drainage improvements • $1.1 million for utilities, water quality laboratory • $1.7 million for City of Boynton Beach radio tower repairs and re -installment • $750,000 for regional crime prevention strategy Two Bills he wanted to put on the radar are SB620 and HB569. • In the Senate that Bill is called Local Government and the House has a much more appropriately named title; it is called HB569 Business Damages Caused by Local Governments. It is a Bill that proposed a cause of action for any landowner or business owner within the City that has been in business for at least three years. If the City passes an ordinance or Charter Amendment, any action the City takes that reduces their income by at least 15%, the business has a cause of action to take the City to court and the City could be held responsible for the damages and in addition, attorney fees that go along with it. It is a broad Bill. Things such as changing hours of operation could be seen as detrimental to a business. The Bill has had one meeting so far in the Senate where it passed on party line votes, 7 to 4, and it was heavily debated. Many opponents pointed out ways this could blow up and go the wrong direction, but Chamber of Commerce, associated industries, and other business groups pointed out examples where Local Governments have passed ordinances that put businesses were in the office one day and out the next day. This will continue to be heavily debated throughout the Session this year. He thinks there will be changes and Amendments. Page 372 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 They will be working with staff to make sure your delegation knows exactly how something like this could impact the City of Boynton Beach and they will stay involved in this throughout the entire Session. • The next Bill is similar. The proponents of the Bill have pushed it to hopefully alleviate the need for State Government to at least hear all the Pre -exemption Bills every Session. SB280 and HB403 both relate to local ordinances. The goal of this Legislation is to put into place at the Local Government level the same requirements the State has at the Agency level. The State Agencies go through the rule-making process before they can pass a rule that will be binding whether it is Department of Regulation or DOT and make a compelling reason these rules should be in place and most importantly, do an Economic Impact Study on the rules they are proposing. This Bill proposes to do it at the Local level before Local Governments can pass ordinances or City Charters, and things that will amend their code, they need to do a Business Impact Statement in addition to a few other things, so they move forward along with the ordinance. The Bill is specific on what must be in the Impact Statement, but it also gives the court things to look at when ruling on whether a business has been violated because of this. The Bill says it establishes a series of factors to consider when determining an ordinance is arbitrary or unreasonable including but not limited to the extent to which the ordinance protects the health, welfare, safety, and quality of life of residents, the impact of the ordinance on personal rights and privileges, the total economic impact of the ordinance, and the Business Impact Statement, exactly what the City prepared. He thinks this Bill will continue to move throughout the Session and will get fine-tuned so cities can live within the means of it and at the same time, maybe this is the solution to avoid every year more pre-emption Legislation in Tallahassee by putting a process for which locals pass their ordinances. The other two are short-term rentals and more Legislation regarding sober homes. Commissioner Katz inquired if there is a Bill that increases sovereign immunity on cities. Mr. Forest replied there is not only for cities, but also State Agencies; he thought it raised it to $300,000 and builds in a cost -of -living adjustment every year from that. Commissioner Katz inquired about the legislative annexation of the septic tanks west of the City limits. Mr. Forest stated he has discussed this with the City Manager and there is no Legislation specific to that topic. There are tools in the toolbox when it comes to annexation, especially when it comes to enclaves. As of now, there is no Legislation pending or filed in Tallahassee that he has seen that would change the current tools for annexation. Commissioner Penserga asked when submitting an appropriation request is it possible to specify who the sponsor is. Page 373 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Mr. Forest advised you can ask who the sponsor is, but you cannot specify. The City's requests have all been sponsored by Representative Casello, who is usually the person who represents that area. Because of the vacancy that will be open in District 88, Representative Casello agreed to file all requests for us. Normally multiple people file certain things, but because there will be a gap this year, his name was put on all the requests. City Manager LaVerriere asked the Commission for a consensus to approve the Legislative Priorities List in the backup. This gives them the authority to respond to requests when they receive emails and communications from the League saying, "Contact your House Representative today". Motion Commissioner Katz moved to approve. Commissioner Romelus second the motion. The motion passed unanimously. Item 10.A was heard out of sequence at the request of the Mayor. Mayor Grant requested an increase to Community Support Funds from $2,000 to $4,000 with $10,000 of that money coming from Textile Recycling revenues. Commissioner Romelus commented that if the balance were there, she would like to increase the amount to an uneven $5,000. ILY, 11=11 Commissioner Penserga moved to approve an increase in Community Support funds to $4,000 for each Commissioner, with the additional funding coming from Textile Recycling revenues. Commissioner Romelus seconded the motion. Motion passed 4-1 with Commissioner Katz rescinding. Commissioner Katz advised he was voting against this; he has developed a fundamental concern relative to stories from other Cities and this is by no means anything close to the stories about funds allocated to elected officials. He is not a supporter of a budgetary process that allows the Commission to bring something forward. Mara Frederiksen, Director of Financial Services, noted that this will be brought back to the Commission through a Budget Amendment to remove those funds from the Textile Recycling revenues. Ms. LaVerriere indicated this is the additional funding will be available as long as the Textile contract is in effect. 6. Consent Agenda Page 374 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all the accompanying material to become a part of the Public Record and subject to staff comments. A. Proposed Resolution No. R21-167 — Authorize the Mayor to sign the agreement between the City and the State of Florida Department of Library & Information Services for the ARPA (American Rescue Plan Act) Grant in the amount of $93,084 for FY 2021-2022. B. Proposed Resolution No. R21-168 —Approve and authorize the City Manager to enter into an agreement with Digitech Computer LLC, for EMS billing services via a piggyback agreement with City of Pompano Beach. C. Approve the purchase of one (1) replacement pump for the Utility Department from MWI Corporation for the Inlet Cove Neighborhood Association (INCA) storm water pump station for a total price of $66,500. MWI Pumps Corporation is a sole source vendor for this particular pump. D. Proposed Resolution No. R21-169 —Authorize the Mayor to sign an Amendment to Interlocal Agreement between the City and CRA to extend the end date of the agreement for the funding of the Tree Canopy Coverage Project. E. Authorize utilizing State of Florida Alternate Contract 43211500-WSCA-15- ACS for the renewalof Datrium ControlShift SaaS system from Transource Services Corp in the amount of $24,300for one year. F. Proposed Resolution No. R21-170 - Authorize the City Manager to sign a grant application to the Florida Department of Environmental Protection for the Statewide Flooding and Sea Level Rise Resilience Plan funding for Master Lift Station 317 Major Upgrade with a 50% City cost share of $1,500,000. G. Legal Expenses - October 2021 - Information at the request of the City Commission. No action required. H. Approve the purchase of semi -rugged laptops from GovDirect in the amount of $62,075.00 utilizingthe Minnesota WSCA-NASPO Master Agreement Contract MNWNC-124 through the Participating Addendum State of Florida Alternate Contract # 43211500-WSCA-15-ACS. Proposed Resolution No. R21-171 - Authorize the City Manager to sign a First Amendment to Towing Franchise Agreement for a one (1) year renewal of the contract with Beck's Towing & Recovery, Inc. for Towing & Storage Services. J. Proposed Resolution No. R21-172 - Approve and authorize the City Manager to Page 375 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 sign a FirstAmendment to the Grant Agreement between the City of Boynton Beach and Florida Atlantic University Board of Trustees for FAU Tech Runway Business Incubator Programming. K. Approve minutes from the November 16, 2021 City Commission meeting. Motion Commissioner Romelus moved to approve Consent Agenda. Commissioner Katz seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases Over $100,000 A. Approve the purchase of forty-six (46) sets of firefighting bunker gear at a discount price of $129,812.00 via the Lake County Contract 17-0606B. The Lake County Contract meets the City's competitive bid requirements. B. Approve Task Order UT -3D-06 with Baxter & Woodman, Inc. in the amount of $171,869.00 forengineering, permitting, bidding and construction services for Dimick and Potter Road Utility Stormwater and Water Improvements in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018, renewed on August 3, 2021. C. Proposed Resolution No. R21-173 - Approve and authorize the City Manager to sign a Master Service Agreement between The City of Boynton Beach and Gridics, LLC to purchase and provide zoning software and services in an estimated amount of $74,000.00 for the first year and an annual service subscription of $54,000.00 for the following two years. D. Approve the purchase of twenty-two (22) replacement vehicles that were approved in the FY21-22 budget for an estimated amount of $859,345 by utilizing the following contracts: Florida SheriffsAssociation, FSA20- VEL28.0, FSA20-VEH18.0, and Sourcewell contract #120716 -NAF. Motion Vice Mayor Hay moved to approve Consent Bids and Purchases of $100,000. Commissioner Romelus seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10 Page 376 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 A. Proposed Ordinance No. 21-027 Second Reading — CLM Apartments (ABAN 21-004)- Approve request for the abandonment of a 119 -foot -long segment of the 57 -foot -wide SE 1St Avenue right-of-way, extending from the FEC Railroad right-of- way to SE 3rd Street. Applicant: Lawrence Mastropieri, CLM Capital LLC. City Attorney Cherof read proposed Ordinance No. 21-027 into the record by title only, on Second Reading. Commissioner Romelus moved to approve Ordinance No 21-027 on Second Reading. Commissioner Penserga seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 4-0. B. Proposed Ordinance No. 21-028 - Second 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. City Attorney Cherof read proposed Ordinance No. 21-028 into the record by title only, on Second Reading. Commissioner Penserga moved to approve Ordinance No 21-028 on Second Reading., Commissioner Romelus seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 4-0. C. Proposed Ordinance No. 21-029 - Second 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. City Attorney Cherof read proposed Ordinance No. 21-029 into the record by title only, on Second Reading. Commissioner Romelus moved to approve Ordinance No 21-029 on Second Reading. Commissioner Katz seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 4-0. Page 377 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 D. Approve Major Site Plan Modification for CM 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 31d Street, and east of the FEC Railroad, in the IPUD (Infill Planned Unit Development) zoning district. Application: Lawrence Mastropieri, CLM Capital LLC (Item tabled from the November 16, 20221 meeting) Commissioner Penserga moved to remove Item 8D from the table. Vice Mayor Hay seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 4-0. Mayor Grant wanted to make sure an electric charging station was included as part of the requirements. Commissioner Penserga concurred with Mayor Grant. Bradley Miller, Urban Design Studio, on behalf of the applicant, indicated that was an acceptable condition and he thought it was part of the code, which they must accommodate. Commissioner Katz commented that there are three buildings total, two existing and one new. He questioned if the commitment was for a single charging station or one at each building. Mr. Miller stated this was discussed with staff. He did not think it was specified as to whether the spaces are reserved for electric charging stations and if there are no electric cars being used, it takes three parking spaces away. He would say there would be two electric charging stations because one station serves two spaces. Mayor Grant opened the discussion for public comments. Mayor Grant left the dais at 6:55 p.m. Vice Mayor Hay took the gavel to reside in the Mayor's absence. Mr. Mignoli opined that when people who live 400 to 500 feet away are sent notifications, they do not attend because they do not want to be subjected to the way people like him are disrespected. The City Manager, City Attorney, and Commissioners will not talk to anyone. Commissioners are supposed to discuss conflicts, but they are never addressed. Everything will change once the Mayor, two Commissioners, the City law firm, and hopefully the City Manager leave. Mr. Miller noted that he recently closed his office as a step towards retirement and he could 12 Page 378 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 not be prouder than to be a business owner in the City of Boynton Beach, especially when this Commission and the one prior have turned this City around. There being no further discussion, Vice Mayor Hay closed the public comment. ILY, 11=11 Commissioner Penserga moved to approve Item 8D. Commissioner Katz seconded the motion. Motion passed unanimously. E. Proposed Ordinance 21-030 - Second Reading - Approve Ordinance amending Chapter 2."Administration", Article IV, entitled "Purchasing & Consultants", Section 2-56(c) is herebydeleted in its entirety and replaced with a new Section 2-56(c) to amend the process todispose of City -owned real property. City Attorney Cherof read proposed Ordinance No. 21-030 into the record by title only, on Second Reading. He reviewed the amendments made after First Reading. On Page 2, Line 77, the threshold amount changed from $500,000 to $100,000 and following that same pattern on Line 80 and 81. This would require a motion to adopt Ordinance 21-030 as amended. Vice Mayor Hay opened discussion to the public. Mr. Mignoli found it odd that the only 350 residents out of 80,000 responded to questionnaires and flyers. Every time he attends these meetings, he hears deals being made. The City is being turned into a high-rise dive. There being no further discussion, Vice Mayor Hay closed public comment. Commissioner Katz moved to approve Ordinance No 21-030 as amended. Commissioner Penserga seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 4-0. Vice Mayor Hay noted that during Public Hearing the public may speak on the item before the Commission. All other topics should be discussed during Public Audience. City Attorney Cherof confirmed that all comments with respect to any agenda item should be directed to the subject matter of the agenda item. It would be appropriate and authorized by the Mayor to interrupt the speaker when they are not speaking to the issue before the Commission. F. Proposed Resolution No. R21-175 - Adopt the City's intent to use the uniform method for the levy and collection of a non -ad valorem special assessment 13 Page 379 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 for canal aquatic maintenance services for the Lake Eden Four Canals and Lake Shore Haven Canal. Commissioner Katz thanked Commissioner Romelus and staff for working on this for approximately five years to get to this point. The residents who live in these areas have a low- cost solution to the vegetation overgrowth that occurs in their canals. City Attorney Cherof reminded everyone they already implemented the process of Assessment and collection. This Resolution converts it from the City having to send out bills and collecting to it appearing on next year's tax bill, so it is automatically collected along with Ad Valorum taxes. Commissioner Romelus mentioned feedback received from residents and noted that it seems all, but one was in favor of this, so she is in favor of moving this Resolution forward. She thanked the Commission, City staff, and Attorneys for their support. Vice Mayor Hay opened discussion to the public. Mr. Mignoli asked if this was about the overgrowth in the canals coming in from the County and other places. City Attorney Cherof clarified it was regarding the creation of the Special Assessment to be collected on the annual tax bill to pay for canal aquatic maintenance services for Lake Eden and the four canals in the Lakeshore Haven canal area. Mr. Mignoli asked if this was the one where someone who lives in the area and is getting assessed asked if this pollution was coming from a certain lake outside of the County, into the County, and into Boynton, and then the Commission voted on approving a cleanup for Boynton canal based on Assessment against the Boynton residents. Commissioner Katz emphasized residents who live on the canal unanimously, minus one resident, voted for this. The Commission is approving it as a course of business, but every resident effected but one asked for this and voted for this. Mr. Mignoli questioned if that means the one is categorically wrong. He thought that person made a good point. If the Mayor said after the vote, "Wait a minute, maybe you are right, maybe the Assessment should not go against you, maybe next year we will go after the County who caused the pollution, but for right now, we forgot to ask you up before the vote". One person objected, the only one who came here. To say everyone wanted it and agreed to it; people on the canal want more taxes and want to pay to clean up Lake Worth and other County pollution coming in. He asked where those people are. Commissioner Katz reiterated that by virtue of minus one -resident vote, they voted in a democracy to approve. 14 Page 380 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Due to no further discussion, Vice Mayor Hay closed the public comment. Motion Commissioner Penserga moved to approve Resolution No. R21-175. Commissioner Romelus seconded the motion. The motion passed unanimously. 9. City Manager's Report A. City Lobbyist, Mat Forest of Ballard Partners, will present the key issues/bills facing the City during the 2022 Legislative Session. City Commission to discuss and approve Legislative priorities for the 2022 Legislative Session in Tallahassee. Item was heard earlier in the meeting. 10. Unfinished Business A. Authorize the Commission to establish a policy for use of the Textile Recycling revenues for Community Support Funds. Item was heard earlier in the meeting. 11. New Business A. Conduct Annual Performance Evaluation for our City Manager. Vice Mayor Hay asked the Commission if they wanted to hear this in the absence of the Mayor. Commissioner Romelus note that it would be moved to January. Commissioner Penserga preferred the Mayor be present; this is an annual event. Vice Mayor Hay asked for a consensus of the Commission. Commissioner Katz stated they each had an opportunity to submit written evaluations. Vice Mayor Hay felt the same and that the Commission should move forward. Julie Oldbury, Director of Human Resources and Risk Management, advised they are having the annual evaluation of the City Manager, Lori LaVerriere. Commissioner Penserga indicated he declined to submit an evaluation, but that is not a reflection of her duties or performance, it reflects the fact, as he has complained previously in the past, that he does not believe the form they have been using is a good metric of an evaluation system. He does not think this is a good rating system and they need to produce a new system. Until such time that they come up with a new system, he will not be using it. 15 Page 381 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Commissioner Romelus does not use the evaluation form because she does not have time. She always tends to make her comments publicly in favor of using the form. Over the last six years having worked with Ms. LaVerriere and understanding the caliber of what our City Manager brings to the table she believes is astounding. She has had the privilege to know her, not only in this capacity as the City Manager, but on a professional and personal capacity as well. Her dedication towards being ethical and standing for what is right, and delivering and executing when necessary, even when no one is looking. She thinks they are privileged to have Ms. LaVerriere as their City Manager. Her testament of her leadership in the City is clear and obvious. All in all, Commissioner Romelus wanted to give her a 5.5 out of 5 because she deserves it. When they get to the discussion about salary, she will make additional remarks. Ms. LaVerriere is a tremendous City Manager, and she has appreciated the years she has had to work with her and hopes they continue to work together even when she is not in office for the betterment of Boynton Beach and for residents across Palm Beach County. Commissioner Katz agreed. For those who have been here for the past six years, they have had had the good fortune to have one City Manager. Many Cities have had an annual turnover and there is a cost associated with failed or poor leadership. The continuity, which is a biproduct of the quality of leadership is demonstrably beneficial to this City. Issues come up in any leadership position and if the issue is not the direct fault of the leader, the leader is judged by how they respond to the issue. There have been issues over the years and he has been satisfied with the responses to those issues because a leader cannot be judged by every employee's action, but they can be judged by how they respond to those actions when they have gone off course. We have a strong leadership team as evidenced by the continued improvement by virtue of people defecting from other municipalities to come to Boynton Beach and bring their talents and advanced degrees to make their Utilities, Development Department, or Management team better. He is proud of Ms. LaVerriere's leadership and friendship, and he looks forward continuing to watch her work with the next Commission to build on the progress of the past six years. Vice Mayor Hay concurred with the comments made. He has worked with Ms. LaVerriere since 2007 and was very instrumental in getting her involved full-time; he watched her grow over the years. She shows great leadership and does not back away from tough decisions. She delegates authority and is not one to look over your shoulder, she gives you a job and expects you to do it. He has noticed growth in community relationship; people have received her well. The community has accepted her, and he is proud to have her as their City Manager. Ms. LaVerriere is a great person outside the City, she is good-hearted and is not afraid to make tough decisions. With that kind of leadership, they cannot do anything but go to the top. Commissioner Romelus commented that based on the pandemic and the diversity they had to face and proposed giving Ms. LaVerriere a 5% raise based on the list of other municipalities that were in comparison. They have done their work in terms of bringing her into alignment based on their City population size compared to other Cities in the County. She thinks a 5% raise would be merited. 16 Page 382 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Motion by Commissioner Romelus, and seconded, to give Ms. LaVerriere a 5% raise. Commissioner Penserga was uncomfortable with the 5%, not because he does not think good things were done, they were, but when he looks at the chart, other organizations have twice the number of employees to manage. He thinks 5% is too much and he did not think this was a suitable time for raises at the highest levels. He was not going to support 5%. Vice Mayor Hay agreed with the 5% but since it is a pandemic area, he thinks 4% would be more in line of what he would want to support, based on the fact they need the kind of leadership she has provided. Commissioner Penserga reiterated his point. When looking at the data provided, the City most comparable to them in terms of size in full-time employees is Delray Beach. Our City Manager is at $239,000 and theirs is at $230,000. For us to compare higher to Boca and West Palm, their organization is 800 employees; it is twice as large at 1,600 to 1,700. He thinks the comparable City is Delray Beach, not Boca or West Palm. Commissioner Romelus indicated her comments were in terms of saying that they are in proper alignment; they are third in terms of her salary behind West Palm and Boca and she would never consider putting her alignment with Delray because Delray has had yearly, if not more often, turnover; that should not be commensurate with her salary. She is fine with doing 4% if that is what the Commission wants to go with. Commissioner Katz stated he would agree with the 4%. Delray is comparable currently, but he thinks the difference in the raise is indicative of the experience in the organization. ILY, 11=11 Commissioner Romelus moved to approve a 4% salary increase for the City Manager. Vice Mayor Hay seconded the motion. Motion passed 3-1 with Commissioner Penserga rescinding. Ms. LaVerriere thanked the Commission. For people to be successful, they must be empowered and given the opportunity, support, resources, tools, and everything they need to be successful, and you must want them to be successful. She has served almost nine years as City Manager and another year and a half as the Interim City Manager and they have always been able to be successful because they have had an elected body that wants them to be successful. Without that she could not do what she is doing. Her job is to provide the tools and support for employees to be successful. Commissioner Romelus acknowledged Andrew Mack and their new Assistant City Manager, Kathryn Matos. She feels they have built a much better culture in the City of Boynton Beach than what she initially found when she first started as a Commissioner. She not only wanted to praise Ms. LaVerriere, but those who work with her. 12. Legal 17 Page 383 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 A. Proposed Ordinance No. 21-031 - First Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article IV. Sign Standards, that updates the City's Sign Standards intended, in part, to increase allowable sign types; add flexibility to, and further incentivize the use of sign programs in multi -tenant and planned developments; add provisions forshared signage to increase awareness of secluded industrial businesses; decrease minimum sign setback requirements; and establish rules for "human" signs. City Attorney Cherof read proposed Ordinance No. 21-031 into the record by title only, on First Reading. Mike Rumpf, Planning and Zoning Administrator, explained that staff updated the Land Development Regulations (LDR) in its entirety. Due to the scope of that project, there was not enough time devoted to the Sign code itself, it is very technical. The initiative was to focus on what additional tools they need to benefit the covered businesses, but an opportunity to investigate the code against various complaints and issues they have received during the application processes, including the permit process. Currently, with businesses and what is happening in the retail industry struggling through the pandemic, there is a slightly different perspective upon review. He has reviewed recommendations from the National Sign Association and looked at various sign codes of other Cities that have instituted these provisions and there were some common characteristics. Although they might have the same standard, they all have the same categories. The sign must be a conforming sign with the exception of a sign that may not meet the setback; it is not allowed on a sign that is too high or too large and is not designed like a monument sign. There is a provision to speed up sign reviews for new businesses that come into town. Removing differentiating murals and signage is reviewed under the program. Exempting municipal signs from the general provisions, exempting historic and art plaques that are reviewed and processed under different regulations and are not business signage, and expanding prohibited site elements. There is cross reference to the overlay zones, to help recognize recommendations that have come down from the Community Redevelopment Plan or the Downtown Districts. Illuminated signs in residential areas and urban signs were mentioned. Commissioner Penserga noted that a church in his district has requested to install an illuminated sign. He inquired about a solution to having the sign installed. Mr. Rumpf advised it requires the exemption for non-residential uses, which are on the perimeter of the residential area, not right within, then there is less impact. It requires the institutional or non-residential use to be on the arterial or collected roadway. Being on the perimeter, there is less chance of impacting single-family. Commissioner Penserga questioned if the sign can be placed perpendicular, not facing the houses. 18 Page 384 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Mr. Rumpf stated most businesses want the sign visible from both directions. If the sign faces away from the area, it is less visible until someone gets closer. In this case, it would make sense since the church is not tucked away in a residential area. Commissioner Katz stated that he did not have any specific questions on the First Reading. He appreciated that this is built for flexibility and accommodation. Staff seems to have considered everything he could conceive. He might have some questions during Second Reading. Commissioner Romelus did not have any questions if this allows for the community to move forward, and residents and business communities are able to show what they need to show consumers and people who they are and what they do. She is in support of this. Vice Mayor Hay inquired if anything was being done with the flag signs. He has received questions from new businesses about increasing the length. Mr. Rumpf stated there are no proposed changes with the feather banners, but there has been a question of the flag regulations. Sometimes businesses incorporate a flag for advertising purposes and sometimes it is under the radar. Another chapter of the Zoning Regulations address those types of flags, the number of poles, and sizes. Mayor Grant returned to the dais at 7:48 p.m. Mayor Grant apologized for missing part of the presentation. He inquired if corner locations have the ability for two signs. Mr. Rumpf advised that could be a larger mixed use residential and commercial project, which would fall under the eligibility of having a sign program. They could propose how it works and justify it for visibility reasons. Mayor Grant inquired how could a business change that if it was ten years ago. He also inquired about human signs. Mr. Rumpf stated they would submit it as a minor Site Plan Modification request. Regarding human signs, he stated that is one of the biggest regulatory additions to this versus other increasing flexibility and provisions. This one falls under a structured regulation regarding signage, and they believe they have walked a good line with compliance and in the benefit of promoting safety. This is something field staff should have a closer look at for compliance with visibility issues and distractions. It needs to be on the property where the business is promoted, no waiving of objects, no usage of instruments to raise something higher, preventing distractions to passing motorists or pedestrians. Mayor Grant questioned if the sign is only allowed on their property and not on the arterial road. 19 Page 385 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Mr. Rumpf advised the sign needs to be affiliated with the business. They could be near the sidewalk if it is not blocking the sidewalk, or it could be off private property in the right-of-way if it complies with other requirements. Mayor Grant inquired if this allowed for a sign to be on the corner of Federal Highway and Ocean Avenue. He also inquired if a human sign would need to be permitted. Mr. Rumpf stated there is not a permit process for human signs, it needs to comply. There are regulations if they need to act on something that is a distraction and not in compliance, so they have something to fall back on. Mayor Grant questioned if that is the only sign that does not require a permit. Mr. Rumpf replied no, a permit is not required for a political or real estate sign, or things that meet certain size standards. Mayor Grant opened discussion to public comments. Mr. Mignoli commented that everything discussed is going to impact everything he does, as he lives in the middle of signville. He questioned if there is any public input regarding this presentation. He questioned why certain statements are made with signs and others are not. The Commission is creating high density high-rises and destroying the City and now they want to put signs everywhere. He asked where these approvals come from and calls this public discrimination. There are many lifestyles living in Boynton Beach, and he questioned why there can be a rainbow and not a nativity scene. He is going to find out how the intersection was painted and how the 700 -foot sign was approved on Federal and Ocean. Commissioner Romelus mentioned the new Legislation passed by State Legislature regarding not preventing any homebased businesses from having any differentiation from other businesses. She questioned how that accounts into the sign conversation and if homes were going to be able to display signs in their communities. Commissioner Katz moved to approve Ordinance No 21-031 on First Reading. Vice Mayor Hay seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. B. Proposed Ordinance No. 21-032 - First Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, revising Chapter 1, Article II. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3.D. Use Matrix and Notes as necessary to show compliance with and implement new State laws applicable to Home-based Businesses. City initiated. 20 Page 386 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 City Attorney Cherof read proposed Ordinance No. 21-032 into the record by title only, on First Reading. Mike Rumpf, Planning and Zoning Administrator, advised that Commissioner Romelus' question is answered in this section in response to the House and Senate Bill 403 that went into effect on July 1, 2021. This is contrary to conventional zoning regulations in most Cities and it has significant pre -exemption of their regulation of homebased businesses. One thing it does not do is pre-empt local sign regulations. Where there are sign regulations, provisions, or additions for homebased businesses, those could remain in effect. Commissioner Romelus questioned if they will start seeing random business signs in neighborhoods. Mr. Rumpf stated that currently a home occupation, which they allow, can have a two -square - foot sign in front of their home. It has other requirements to abide by, to keep peace in the neighborhood, and not to be known and recognized as a business operating in a residential neighborhood. He recommends sign provisions be removed because they can take away the signs on a home occupation, now being changed to homebased business. If the State allows them to regulate or prohibit signage on their preference on a homebased business, they can do so. He reiterated that currently a two -square -foot sign is allowed, but the way this is drafted, it would not be allowed. Most of the changes to their home occupation regulations, now being called homebased businesses, are mostly to show compliance with new State laws. Many of the changes are harmless, but they are forced to do changes in wording, descriptions, and title. Staff proposed to make the changes to show they are compliant. There are three bullets he wants to focus on, which staff is trying to place some quantifiable standards on that the State is giving them as a general requirement in terms of regulating them. They say the business must operate in compliance with the neighborhood and not change the character of the neighborhood. He questioned how staff writes regulations, so the Community Standards staff knows how to hold them to that. They proposed a modification to a standard they currently have, which is that not more than 20% of a home can be used for a homebased business; that is increasing significantly to 50% and is something he has worked on with the City Attorney's office because they are working closely with staff on this project. They initially started out with 25% and Legal was sensitive to the States' pre-emption and to save something as strict as that and not something at 50% may cross the line what the State wants to give them to play with. What does it mean when the Statute says the home continues to operate as a single-family residence or a residential use? If staff entered a house because of a complaint from a neighbor saying it is impacting the neighborhood, how does staff say something is in violation of State Statutes and regulations. Staff thought one way to write that was if any portion of the home, which is typically required to function as a home, whether living area, minimum size of bedrooms per person, use of life and safety standards that are code requirements. If any of those areas are operated as part of the business and preventing them from being used, that would be a violation. That is an addition that was added. Commissioner Romelus questioned if that would require having to go into the residence and 21 Page 387 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 if residents must give access into their home. Mr. Rumpf replied it would. They are not sure about access to their home; it might be a legal question in terms of boundaries that Community Standards staff has in a proactive nature. One requirement of State law is that the home from the outside must not obviously be functioning as a commercial business, so what happens inside is not covered by this. Another area where the State Statute allows them to be more stringent is a vehicle must be parked in dedicated parking spaces. Currently, that is not prohibited, a vehicle could be parked in the swale, they only require the swale not be degraded to a point where it does not properly drain as intended to do. The wording is clear that vehicles must park on driveways. Commissioner Romelus questioned if that contradicts another ordinance the Commission previously created about allowing parking on side streets in Forest Park to help mitigate speeding through the neighborhood. She asked how that correlates to what he is saying. Mr. Rumpf stated it is allowed to allow vehicles in the street, but it may be an enforcement issue. If there becomes an issue and the business appears to be outgrowing the property, that may be something they could hold them to. If there is not a business nuisance, it would be a judgement call as to what regulation to use. Commissioner Romelus mentioned her only drawback is whenever it gets into Community Standards having that grey area based on their judgement and she feels that is when problems arise. Mr. Rumpf commented that it could be looked at as if only two sets of standards comply; a City standard that may allow or restrict vehicle parking on the street, and this standard, which says commercial vehicles or business-related vehicles shall park not on the sidewalk or street, but in dedicated parking spaces for that private property. The percentage of the home was indicated and how the home could not have space utilized for the business that would pre- empt its use as part of the home and emphasized the need for the capacity of the driveway. Most of the changes are incorporating verbiage and requirements of language from State Statutes. Mayor Grant questioned what happens if someone wants to put a billboard in their backyard and if that counts as a homebased business if their backyard overlooks 1-95 or Federal Highway. Mr. Rumpf stated that homebased business regulations were not written to allow any signage. Billboards would be regulated under the sign code, and they are not allowed unless it is in compliance. Mayor Grant commented that all billboards must follow the sign code. Mr. Rumpf replied that was correct. 22 Page 388 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 Mayor Grant questioned if raising chickens and selling their eggs is considered a homebased business. Mr. Rumpf replied if it were a business being conducted out of the home it would follow the guidelines of not being visible and appearing as part of the property. There are other regulations in the Code of Ordinances regarding farm animals. Mayor Grant noted that the ordinance states that no chickens are allowed as part of a residential community; however, it does allow them on farms. Mr. Rumpf noted that the City no longer has agricultural zoning. There may be some properties used for tax purposes recognized by the County, but not technically as an agricultural use pursuant to agricultural zoning. Mayor Grant clarified that no one can have a farm in their backyard because there are no agricultural regulations. Mr. Rumpf believed that there are additional State laws, which allow personal agricultural residential and personal gardens. Commissioner Romelus questioned if the percentage being used for the homebased business is still in effect. Mr. Rumpf stated that the percentage has gone from 20% to 50%. City Attorney Cherof, advised it follows the language in the Statute that says it can be a secondary use. Commissioner Romelus requested clarification about how they would be able to see or verify if someone is over utilizing the capacity of their home and if there is any reason they would be entering a person's home. Adam Temple, Development Director, indicated that staff follows the Fourth Amendment, and should they approach a residential property and request access, residents can refuse them access. They do have other remedies, such as Administrative warrants, so they can seek consultation with Legal to see if there is probable cause, but essentially, they could be refused access. Mayor Grant questioned what happens if someone gets a permit to put a shed in their backyard and uses it for business purposes. Mr. Rumpf replied a shed is a structure and must comply with regulations whether it be Zoning or Building or both. Mayor Grant questioned how they could enforce requirements if the shed were not being used 23 Page 389 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 in the capacity allowed. He asked what would happen if they wanted to put a restroom in the shed. Mr. Rumpf stated that if it is not permitted, they would be cited. If it were permitted to be a structure with a restroom, they would have to see what they are doing with it and if it crosses the line in terms of the property being used as a single-family structure. Mayor Grant noted that it would be difficult to enforce. Community Standards cannot take the word of the neighbors, they must monitor the property to build a violation case. Mr. Rumpf indicated that the full extent of this could be a nightmare. There are many different scenarios that would be difficult to anticipate and regulate up front. Mayor Grant questioned if there is anything in the ordinance regarding affidavits. In order to file a complaint, one must put their name on the complaint, so your neighbor would know who complained. Mr. Temple noted that there is a new State law that requires a person's name and address if they are filing a complaint that is non -life safety or health safety in nature. There are no more anonymous complaints. Mr. Rumpf commented that it will pit neighbor against neighbor; they will be dealing with those types of disputes. There is currently an affidavit of a business operator for homebased businesses. It states the rules that apply, and it is signed to assure that they understand it. Mayor Grant inquired if it is discovered that a corporation uses a home residence as their principal place of business could be used as evidence to send them a letter saying they need to get a Business Tax Receipt. Mr. Rumpf advised that is the line he is saying, perhaps they should require them to go through a process. As they implement this and make sure the process is aligned with State requirements, they will revise their affidavit or modify the approval process. Staff is unclear in reacting to this Bill. If it is obvious to staff and Inspectors that there is a business visible from the exterior, it can be investigated. Mayor Grant stated that there needs to be a video so someone can put in their name and address and file a complaint for Community Standards to review, but if someone has an issue and they are unable to resolve it on their own they cannot just say they have a problem. It is almost to the point where someone could call 911 anonymously, but they are not able to cite these types of violations anonymously. Mayor Grant opened discussion for public comments. Mr. Mignoli commented that everything he is hearing is so far from what is going on in this City. When someone does not have a Building Tax Certificate in this City, you cannot even 24 Page 390 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 rent your apartment if you own it. His building has 20 units rented and no Business Certificates and the Building Department says they cannot go in, it is against their Fourth Amendment Rights. Mayor Grant questioned if Mr. Mignoli filed a complaint against all 20 neighbors. Mr. Mignoli replied that he did, and the Building Department will not investigate anything. They are building illegal marinas, closing off private property, and all they say is Fourth Amendment Rights. Mayor Grant questioned if Mr. Mignoli lives in an Association. Mr. Mignoli replied yes, and noted they are the biggest violators. He commented that what is going on with the sign and business thing is out of control. He begged the Mayor not to pass this. Mayor Grant questioned how this applies to Associations and if Associations are allowed to completely be immune from homebased businesses if they choose with their Board of Directors. Mr. Rumpf advised that the State Statute does not supersede or pre-empt properties under HOA rule. Mayor Grant commented that this is not something they are happy about, but something they are doing to protect them from lawsuits because of the ability of the Florida Statute that pre- empted the City and County from having their own home rule regarding homebased businesses. Vice Mayor Katz moved to approve Ordinance No 21-032 on First Reading. Vice Mayor Hay seconded the motion. Vote Deputy City Clerk Stanzione called the roll. The vote was 5-0. C. Proposed Resolution No. R21-174 - Approve and authorize the Mayor to sign all Opioid Litigation Settlement Documents. Motion Commissioner Katz motioned to approve Proposed Resolution No. R21-174. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Grant commended Lori LaVerriere, City Manager, for doing a great job. They appreciate all she has accomplished in the past six years and wish her the best of luck in the 25 Page 391 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 future. 13. Future Agenda Items A. School Board Member Erica Whitfield to present report on the state of education to the City Commission. - January 4, 2022 B. Mayor Grant has requested a discussion regarding naming the urban orchard at Sara Sims Parkfor Latosha Clemons - January 4, 2022 C. Discuss process and estimated costs for a Recreation & Parks Bond Referendum Question -January 18, 2022 D. FIU Presentation of Racial and Social Equity Community Needs Assessment Findings - January18, 2022 E. City of Boynton Beach FY20/21 Strategic Plan Update and 5 -Year FY 2022- 2027 Strategic Plan Framework - January 18, 2022 F. Climate Action Plan Annual Update - January 18, 2022 G. Tessy LaCroix, Grants Manager to present FY 2020/2021 Grants Report to the City Commission -January 18, 2022. H. Mayor Grant has requested a discussion on creating a Citizens Review Committee for Police Department - January 18, 2022 Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - January 18, 2022 J. Award Contract for Public Lands Tree Inventory, RFQ No. UTL22-006 - January 18Y2022 K. Proposed amendments to the Land Development Regulations for Accessory Dwelling Unitprovisions - February 15, 2022 L. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8thAvenue -TBD M. Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD 26 Page 392 of 896 Meeting Minutes City Commission Boynton Beach, FL December 7, 2021 N. Mayor Grant has requested a discussion on JKM lawsuit — TBD 0. Discuss Building Safety Inspection Program - (Pending outcome of 2022 legislative session) 14. Adjournment There being no further business Mayor Grant adjourned the meeting at 8:37 p.m. ATTEST: Crystal Gibson, MMC City Clerk Tammy Stanzione Deputy City Clerk CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga 27 Page 393 of 896 7.A. Consent Bids and Purchases Over $100,000 1/4/2022 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for January 4, 2022 - "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). 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. Page 394 of 896 DESCRIPTION SOLICITATION RENEWAL VENDOR(S) OF NUMBER TERM AMOUNT SOLICITATION Task Orders as Needed (Any Item over $100K Anzco, Inc.; Homrich Corp; I.Q. Constructions Pre -Qualification January will be Inc.; RPM Generals Contractors, Inc.; of Contractors COBB RFQ 19,2022— brought back Waypoint Contracting Inc.; E & F Florida for Minor 028-2511- January to Enterprises, Inc. dba Creative Contracting Construction 20/RW 18, 2023 Commission). Group Services Annual Estimated Expenditure $650,000 Supplemental February Annual C.A.P. Government, Inc.; Universal Building COBB RFP 17, 2022 - Estimated Engineering Sciences, LLC; Calvin, Giordano Inspections, and 021-2411- February Expenditure & Associates, Inc. Plan Review 20/RW 16, 2023 $525,000 Services 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. Page 394 of 896 Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type Description D AttachirTIENI'lt Bid EAE)insioins aind Riggy Backs oveir $100,000 D AttachirTIENI'lt IRENIIE)W,-.Ill II1['1tE)ir'E)St I E)ttENr Ainzco Ilinc ... 2022 2023 D AttachirTIENI'lt IRENIIE)W,-.Ill 11['1tE)ir'E)St I E)ttENr I loirnirich Corp 2022 2023 D AAta" chirTIENI'lt IRENIIE)W,-.I202311['1tE)ir'E)St I E)ttENr LQ, Coinstir'LACti011'IS 1111C- 2022 IRENIIE)W,-'.Ill II1['1tE)ir'E)St I E)ttENr If:::::. & F::: F::]oirida D AAta" chirTIENI'lt Ell'ItE)rpriSE)s dba Cir'Esative, Cointractiing E..';rOLA. P 2022 2023 D AttachirTIENI'lt IRENIIE)W,-.I�� 11['1tE))St I E)ttENr Waypoirit Cointractiing 2022 2023 D AttachirTIENI'lt IRENIIE)W,-.I�� 11['1tE)ir'E)St I E)ttENr IRFIM (.,)E)1['1E)ir4s Cointractiing IIinc- 2022 2023 D AttachirTIENI'lt IRENIIE)W,-.Ill II1['1tE)ir'E)St I E)ttENr C,A,F1, I inc,.2022 2023 D AttachirTIENI'lt IRENIIE)W,-.Ill 11['1tE)ir'E)St I E)ttENr CalMin, (3)iordaino & AssociatE)S, linc- 2022 2023 D AAta" chirTIENI'lt IRENIIE)W,-.I�I 11['1tE)ir'E)St I E)ttENr Uiniversa�l Elllgil['IEsEsriing SC,iENI-ICE)S, 1 1 .0 2022 2023 Page 395 of 896 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS OVER $100,000 January 4, 2022 REQUESTING DEPARTMENT: Public Works - Facilities DEPARTMENT CONTACT: Gail Mootz TERM: January 19, 2022 to January 18, 2023 SOURCE FOR PURCHASE: RFQ 028-2511-20/RW ACCOUNT NUMBER: Various Accounts — CIP and Operating VENDOR(S): Anzco, Inc.; Homrich Corp; I.Q. Constructions Inc.; RPM Generals Contractors, Inc.; Waypoint Contracting Inc.; E & F Florida Enterprises, Inc. dba Creative Contracting Group ANNUAL ESTIMATE: $650,000 DESCRIPTION: On January 19, 2021, Commission awarded contracts to four (4) primary contractors, Anzco, Inc., Homrich Corp, I.Q. Constructions, Inc., and RMP General Contractors, Inc. And three (3) alternate contractors, E & F Enterprises dba Creative Contracting Group, CH Global Construction, and Waypoint Construction Group based off of the RFQ 028-2511-20/RW for Pre -Qualification of Contractors for Minor Construction Services. The Contract allows for an initial (1) year period with four (4) one-year renewal periods. All vendors have agreed to renew the contract for the 1 st one-year renewal term with the same terms and conditions. REQUESTING DEPARTMENT: Development - Building DEPARTMENT CONTACT: John Kuntzman TERM: February 17, 2022 to February 16, 2023 SOURCE FOR PURCHASE: RFP 021-2411-20/RW ACCOUNT NUMBER: 130-2411-524.49-17 VENDOR(S): C.A.P Government, Inc.; Universal Engineering; Calvin, Giordano & Associates ANNUAL ESTIMATE: $525,000 DESCRIPTION: On February 16, 2021, Commission awarded contracts to three (3) firms, C.A.P. Government, Inc.; Universal Engineering Sciences, Inc.; and Calvin, Giordano & Associates, Inc. based on RFP 021-2411-20/RW for Supplemental Building Inspections and Plan Review Services. These firms provide professional services to fire, building, electrical, mechanical, plumbing inspections, and plan review on an as -needed basis. The Contract allows for an initial (1) year period with an option to renew for three (3) additional one-year terms. All three (3) firms have agreed to renew the contract for the 1 st one-year renewal term with the same terms and conditions. Boyn Boynton Beach, 833435 v.O.Box 320 November 16, 2021 John Zak, President Anzco|nu. 967iCarousel Circle S Boca Raton, FL 33434 VIA EMAIL TRANSMITTAL TO: jzak(cb_anzcoinc.com RFQ: PRE -QUALIFICATION 0FCONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 028-2511-20/RW CURRENT AGREEMENT TERM: JANUARY 19,202/—JANUARY 18,2022 Dear Mr. Zak: The current agreement term for "PRE -QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES" expires January 18.2O22. The agreement documents allow for four (4) additional one (i) year extensions. The City of Boynton Beach would like toextend the bid for its 1u / renewal for an dditionaione-year pehod with the 'ama terms and conditions. Please indicate your response on the following page and return it to Procurement Services along with the company's update COI via email to 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, Mara Frederiksen Director nfFinancial Services America's Gateway tmthe Gulf Stream Page 397Of896 The City of Rovnton Beaai. BoynMWeRdmft6k0ftjP1j8r0&w f,0ff:Ef5R*b749v@t3b6 Boynton Beach, FL 33435 P.O. Box 310 November 16, 2021 RFQ: PRE -QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES RFQ No.: 028-2511-20/RW Agreement between the CITY OF BOYNTON BEACH and ANZCO INC. AGREEMENT RENEWAL TERM: JANUARY 19,2022— JANUARY 18, 2023 Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) NAME OF COMPANY NAME OF REPRESENTATIVE (please print) // // 7/z. z DATE L TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 398 of 896 Tim c"ity 0 .f Bounton.Beach NOVeffiber 16, 2021 FinoncelPiocoreivent Services 100 E Occon Avenue Bo/nton Beach, FL3343'5 R 0. Box 310 Boynton Beoch, Flonda 3,3425-0310 T'elephone No: (561)742' 6310' George Hornrich, President Haninch Corp 6654, 43" Avenue,, South Lake Worth, FL 33463 VIA EMAIL 'F RANSMITTAL TO: RFQ'. PRE-QUIALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ Nio.: 028-2511-20/RW CURRENT AGREEMENT TERM, JANUARY 19, 2021 — JANUARY 18, 2022 Dear Mr. Homrich: The current agreement terra for "PRE -QUALIFICATION OF CONTRACTORS FOR MiNOR CONSTRUCTION SERVICES" expires January 18, 2022. The agrelerrWit documents allow for four (4) additional one (1) year extensions. The City of Boynton Beach WOLfld like to extend the bid for its 111 renewal for an additional one-year period with the same terms and conditions. Please indicate your response on the foflowing page and return it to Procurement Services along with the company's update COI via email to 1&,)_M�( 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, j*k1L aaJW, Mara Fredertkserl Director of Financial Services 8 Ameoccy'S Gateway to the Guy Strearn Page 399 of 896 le City of Novernber 16, 2021 finoncc,.IProcur ernen t ServFc es 100E Occanllvenuc Boynton Seoch, Ft 33435 P,0 Box.310 Boyntc)n Reach, Porido .3 3,125 0310 Teiephone (1561) 742 6 333;n RFQ: PRE- QUAUFICATON OF CONTRACTORS FOR IJTIL.I"l'Y CONSTRUCTION SERVlCi" S RFC No.028-2511-20/RW Agreement between the CITY OF BOC YNTON BEACH and HOMRICH CORP. .,X—.— Yes, I agree to renew, the existing agreement under the same terms and corlditbns for an addit�onA pane -year term, No, I do not wish to renew the bid for the following reason(s) . .... . . ...... . ... . .. ..... . . . .......... . ... HOMRICH CORP -0—F C —0M P -A- —NY . ..... . .... ---------------- E Georgia Hornrifch Presodent NAME OF REPRESENTATIVE TITLE (please print) 11/17/20,21 561-254-8,322 DATE (AREA CODE)TELEPHONE NUMBER gchot,nri(,,-,�i(-)gniaul,con,� Arnenca'!(, Gbte�vuy tctht,,� (,'uif 51; t ��? ry � Page 400 of 896 Tim c"ity 0 .f Bounton.Beach NOVeffiber 16, 2021 FinoncelPiocoreivent Services 100 E Occon Avenue Bo/nton Beach, FL3343'5 R 0. Box 310 Boynton Beoch, Flonda 3,3425-0310 T'elephone No: (561)742' 6310' George Hornrich, President Haninch Corp 6654, 43" Avenue,, South Lake Worth, FL 33463 VIA EMAIL 'F RANSMITTAL TO: RFQ'. PRE-QUIALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ Nio.: 028-2511-20/RW CURRENT AGREEMENT TERM, JANUARY 19, 2021 — JANUARY 18, 2022 Dear Mr. Homrich: The current agreement terra for "PRE -QUALIFICATION OF CONTRACTORS FOR MiNOR CONSTRUCTION SERVICES" expires January 18, 2022. The agrelerrWit documents allow for four (4) additional one (1) year extensions. The City of Boynton Beach WOLfld like to extend the bid for its 111 renewal for an additional one-year period with the same terms and conditions. Please indicate your response on the foflowing page and return it to Procurement Services along with the company's update COI via email to 1&,)_M�( 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, j*k1L aaJW, Mara Fredertkserl Director of Financial Services 8 Ameoccy'S Gateway to the Guy Strearn Page 401 of 896 le City of Novernber 16, 2021 finoncc,.IProcur ernen t Serv�c es 100E Occanllvenuc Boynton Seoch, Ft 33435 P,0 Box.310 Boyntc)n Reach, Porido .3 3,125 0310 Teiephone (1561) 742 6 333;n RFQ: PRE- QUAUFICATON OF CONTRACTORS FOR IJTIL.I"l'Y CONSTRUCTION SERVlCi" S RFC No.028-2511-20/RW Agreement between the CITY OF BOC YNTON BEACH and HOMRICH CORP. .,X—.— Yes, I agree to renew, the existing agreement under the same terms and corlditbns for an addit�onA pane -year term, No, I do not wish to renew the bid for the following reason(s) . .... . . ...... . ... . .. ..... . . . .......... . ... HOMRICH CORP -0—F C —0M P -A- —NY . ..... . .... ---------------- E Georgia Hornrifch Presodent NAME OF REPRESENTATIVE TITLE (please print) 11/17/20,21 561-254-8,322 DATE (AREA CODE)TELEPHONE NUMBER gchot,nri(,,-,�i(-)gniaul,con,� Arnenca'!(, Gbte�vuy tctht,,� (,'uif 51; t ��? ry � Page 402 of 896 The City of Boynton Beach November 16, 2021 606IF jr I NoWdOhi X10 lt=:El iii &6866 Boynton Beach, FL 33435 P.O. Box 310 Joseph Patalano E & F Florida Enterprises dba Creative Contracting Group 3141 Fortune Way S-16 Wellington, FL 33414 VIA EMAIL TRANSMITTAL TO: iensales@f;omcast.net RFQ: PRE -QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 028-2511.-20/RW CURRENT AGREEMENT TERM: JANUARY 19, 2021— JANUARY 18, 2022 Dear Mr. Patalano: The current agreement term for "PRE -QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES" expires January 18, 2022. E & F Florida Enterprises dba Creative Contracting Group is retained as the V alternate to the City of Boynton Beach Minor Construction Services. The agreement documents allow for four (4) additional one (1) year extensions. The City of Boynton Beach would tike to extend the bid for its 1st renewal for an additional one-year period with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services along with the company's update COI via email to prattKbbbfl.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 aa." Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 403 of 896 The City of Boynton Beach November 16, 2021 Bo1(rf 10 JFK:r:�MM&6806 Boynton Beach, FL 33435 P.O. Box 31.0 RFQ: PRE -QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES RFQ No.: 028-2511-20/RW Agreement between the CITY OF BOYNTON BEACH and E & F Florida Enterprises dba Creative Contracting Group retained as the 1s` alternate to the City of Boynton Beach Minor Construction Services. 7Ye ENT RENEWAL TERM, JANUARY 19,2022 - JANUARY 18,2028 s, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) E & F FLORIDA ENTERPRISES clba f CREATIVE CONTRACTING GROUP NAME OF COMPANY SIGNATURE NAME OF REPRESENTATIVE (please print) 11 -n -v DATE ::;Iy_O ff CQ E-MAIL v.� TITLE <;7(01 -333- [ L/Li�r (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 404 of 896 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 16, 2021 Katrina Gonzalez, President Waypoint Contracting, Inc. 7955 NW 12 St Suite 400 Doral, FL 33126 VIA EMAIL TRANSMITTAL TO: kgonzalez waypointci.com RFQ: PRE -QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES RFQ No.: 028-2511-20/RW CURRENT AGREEMENT TERM: JANUARY 19, 2021— JANUARY 18, 2022 Dear Ms. Gonzalez: The current agreement term for "PRE -QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES" expires January 18, 2022. Waypoint Contracting, Inc. is retained as the V alternate to the City of Boynton Beach Minor Construction Services. The agreement documents allow for four (4) additional one (1) year extensions. The City of Boynton Beach would like to extend the bid for its 1St renewal for an additional one-year period with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services along with the company's update COI via email to pratttbbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, TIOW &4JUIt4 Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 405 of 896 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 16, 2021 RFQ: PRE -QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES RFQ No.: 028-2511-20/RW Agreement between the CITY OF BOYNTON BEACH and WAYPOINT CONTRACTING, INC. retained as the V alternate to the City of Boynton Beach Minor Construction Services. AGREEMENT RENEWAL TERM: JANUARY 19,2022— JANUARY 18, 2023 X Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) WAYPOINT CONTRACTING, INC. NAME OF COMPANY Katrina Gonzalez NAME OF REPRESENTATIVE (please print) 11/16/2021 DATE konzalez@waypointci.com E -MAI L StGNATURE President TITLE 786-608-1406 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 406 of 896 The City of Finance/Procurement Services 100E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33'425-0310 Telephone No: (561) 742-6310 November 16, 2021 RFQ: PRE -QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES Agreement between the CITY OF BOYNTON BEACH and RPM GENERAL CONTRACTORS, INC. A EMENT RENEWAL TERM: JANUARY 19,2022 —JANUARY 1$, 2023 7EYes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) RPM GENERAL CONTRACTORS, INC. NAME OF COMPANY Sl AT NAME OF REPRESENTATIVE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER k�-1.2kyl E-MAIL America's Gateway to the Gulf Stream Page 407 of 896 The City of " Boynton .beach December 7, 2021 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 Carlos A. Penin, P.E. C.A.P. Government, Inc. 343 Almeria Avenue Coral Gables, FL 33134 VIA EMAIL TRANSMITTAL TO: capacapflacom RFP: SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES RFP No.: 021-2411-20/RW CURRENT AGREEMENT TERM: FEBRUARY 17,2021 — FEBRUARY 16, 2022 Dear Mr. Penin:: The current agreement term for "SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES" expires February 16, 2022. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach would like to extend the bid for its 1St renewal for an additional one-year period with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services along with the company's update COI via email to prattt(a)-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, 140M C2 Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 408 of 896 The City of December 7, 2021 RFP: SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES RFP No.: 021-2411-20/RW Agreement between the CITY OF BOYNTON BEACH and C.A.P. GOVERNMENT, INC„ AGREEMENT RENEWAL TERM: FEBRUARY 17, 2022 —FEBRUARY 16, 2023 x Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) C.A.P. GOVERNMENT, INC. NAME OF COMPANY Carlos A. Penin, PE NAME OF REPRESENTATIVE (please print) 12/07/2021 DATE cap@capfla.com E-MAIL SIGNATURE President TITLE (305) 448-1711 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 409 of 896 The City of Botm-tay-Be*aj Services ID0[Ocean Avenue Boynton Beach, Fl33485 P.O.Box 32D Boynton Beach, Florida J3435 -O820 Telephone No: /562/792'63I0 December 7.2O21 John M.Stone Calvin, Giordano &Assooiahas. Inc. 1@0OEller Drive Fort Lauderdale, FL3331S VIA EMAIL TRANSMITTAL TO: fgg�olwk RFP: SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES RFP Nu.:O21-2411-2O8RVV CURRENT AGREEMENT TERM: FEBRUARY i7,2D21—FEBRUARY 16,2O22 Dear Mr. Stone The current agreement term for "SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES" expires February 1G.2O22, TheagreementdocumentoaUmmforth/ee(3)edditiona|one(1)yearexbenmionm.TheChyofBoynton0eaoh would like toextend the bid for its 1st renewal for on additional one-year period with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services along with the company's update COI vim email top[@1tj.@bbfl g.q at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-630& Sincerely, Mara Frederiksen Director of Financial Services Es America's Gateway mthe GulfStream The City of BormbapLRettral Services 2DOE.Ocean Avenue Boynton Beach, FlJ3435 P.0.Box 310 Boynton Beach, Florida 33425-08I0 Telephone No: (562)742-63l0 December 7, 2021 RFP: SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES RFP No.: 021-2411-20/RW Agreement between the CITY OF BOYNTON BEACH and CALVIN, GIORDANO & ASSOCIATES, INC. AGREEMENT RENEWAL TERM: FEBRUARY f7,2O22—FEBRUARY f@\2023 X Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) CALVIN, GVJRDANO&ASSOCIATES, INC. NAME OF COMPANY Chris Giordano NAME OFREPRESENTATIVE (please print) December 13'2O21 DATE marketing@cgasolutions.com TU President TITLE 054.921.7781 (AREA CODE) TELEPHONE NUMBER Americo Gateway &rthe GulfStream The City of Boynton Beach December 7, 2021 Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 Michael Mayall Universal Engineering Sciences 1215 Wallace Drive Delray Beach, FL 33444 VIA EMAIL TRANSMITTAL TO: mmayalluniversalengineerinq.com RFP: SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES RFP No.: 021-2411-20/RW CURRENT AGREEMENT TERM: FEBRUARY 17,2021 — FEBRUARY 16, 2022 Dear Mr. Mayall: The current agreement term for "SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES" expires February 16, 2022. The agreement documents allow forthree (3) additional one (1) year extensions. The City of Boynton Beach would like to extend the bid for its 1St renewal for an additional one-year period with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services along with the company's update COI via email to pratttbbfl.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, Mara Frederiksen Director of Financial Services America's Gateway to the Gulf Stream Page 412 of 896 December 7, 2021 RFP: SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES RFP No.: 021-2411-20/RW Agreement between the CITY OF BOYNTON BEACH and UNIVERSAL ENGINEERING SCIENCES. AGREEMENT RENEWAL TERM: FEBRUARY 17, 2022 —FEBRUARY 16, 2023 X Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) UNIVERSAL ENGINEERING SCIENCES NAME OF COMPANY Carlos Mercado NAME OF REPRESENTATIVE (please print) December 8, 2021 DATE CMercado@universalengineering.com E -MAI L CaHos Mercob SIGNATURE Branch manager TITLE 561-347-0070 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 413 of 896 7.B. Requested Action by Commission: Approve an increase to the estimated annual expenditure of the interlocal agreement between the City of Boynton Beach and Solid Waste Authority for the delivery of municipal solid waste to a designated facility and municipal recycling program, increase not to exceed $2,600,000.00 annually. Explanation of Request: I nterlocal Agreement term: October 1, 2021 - September 30, 2022 On February 17, 2009, the City Commission approved an interlocal agreement R09-032 between the City of Boynton Beach and the Solid Waste Authority of Palm Beach County for the delivery of municipal solid waste to designated facilities and for a municipal recycling program with automatic renewal period of five (5) years upon mutual agreement. On November 17, 2020, the City Commission approved an updated interlocal agreement R20-123 between the City of Boynton Beach and the Solid Waste Authority of Palm Beach County which included the required language as mandated in CS/House Bill 73 regarding reduction in contamination of residential recycling collection and processing; and providing an effective date, with automatic renewal period of one (1) year upon mutual agreement. The City of Boynton Beach receives invoices for an Annual Government Assessment, Annual Disposal fee, and monthly invoices for tipping fees. Expenditures for Fiscal year 2021: $2,447,892.02 Expenditures for Fiscal year 2020: $2,106,359.36 Expenditures for Fiscal year 2019: $2,194,196.94 How will this affect city programs or services? The City provides for the collection of solid waste from the residents and businesses and residential recyclable materials within its boundaries and recognizes the need for safe and sanitary processing and disposal of solid waste and residential recyclable materials. Fiscal Impact: B udgeted 431-2515-534.34-62 Alternatives: Strategic Plan: Page 414 of 896 Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Solid Waste Authority of Palm Beach County Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Automatic one (1) year upon mutual agreement. Attachments: Type D I ['ItE)irlocal Agir'E)E)irT1E)1['1t D I ['ItE)irlocal Agir'E)E)irT1E)1['1t Description R09 032 1 ['ItE)irlocall agir'EsE)irT1E)1['1t R20 123 1 ['ItE)irlocall agir'EsE)irT1E)1['1t Page 415 of 896 LL 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION R09 -0--U?— A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING EXECUTION OF. AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SOLID WASTE AUTHORITY OF PALM BEACH COUNTY FOR A MUNICIPAL RECYCLING PROGRAM AND THE DELIVERY OF MUNICIPAL SOLID WASTE TO A DESIGNATED FACILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Of Boynton Beach currently has two Interlocal Agreements including one for Municipal Recycling which expired on September 30, 2008 and one for �I the Delivery of Municipal Solid Waste which expires in 2010 with the Solid Waste I Authority of palm Beach County, and; WHEREAS, for housekeeping purposes the Solid Waste Authority is combining Ithe Interlocal Agreements into one document with one expiration date effective September 2013 with an automatic renewal period of five (5) years upon mutual agreement; and WHEREAS, upon the recommendation of staff, the City Commission hereby and authorims the execution of the Interlocal Agreement between the City of jBoynton Beach and Solid Waste Authority for a Municipal Recycling Program and the of Municipal Solid Waste to Designated Facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed being true and correct and are hereby made a specific part of this Resolution upon hereof. Section „2, Upon recommendation of staff, this Commission does hereby Agmement for Municipal Recycling (2009).doc Page 416 of 896 M 1 approve and authorize the City Manager and City Clerk to execute this Interfocal 2 Agreement between the City of Boynton Beach and Solid Waste Authority of Palm Beach 3 County for a Municipal Recycling Program and the Delivery of Municipal Solid Waste to 4 Designated Facility, a copy of which is attached hereto as Exhibit "A". 5 SNUO 3. That this Resolution shall become effective immediately upon 6 rM 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 ,passage. PASSED AND ADOPTED this 17 day of February, 2009. CITY OF BOYNTON BEACH, FLORIDA Commissioner — Woodrow- .AfTy' Commissioner — Marlene Ross ATTEST: Jan !t M. Prainito, CMC Clerk Agrccment for Municipal Recycling (2009).doc Agreement fur Municipal Recycling (2099).doc Page 417 of 896 � 02;2, INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO DESIGNATED FACILITIES AND FOR A MUNICIPAL RECYCLING PROGRAM THIS AGREEMENT, made and entered into this ac �y of 000y ca, and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a deen*nt special district created pursuant to Chapter 2001-331, Laws of Florida, as amended, here' r rad+ called "Authority", and the CITY OF BOYNTON BEACH, FLORIDA, a muni MC3 corporation, chartered and organized in accordance with the laws of the State of Flom hereinafter called "CITY".CD � ca WITNESSETH: w off, WHEREAS, the Authority has been empowered by law to carry out the powers, obligations and requirements in Palm Beach County, Florida, prescribed to a "county" pursuant to the provisions of Chapter 403, Part IV, Florida Statutes; and WHEREAS, Chapter 403, Part IV, Florida Statutes encourages counties to enter into Interlocal Agreements with municipalities to establish recycling programs and carry out recycling activities; and WHEREAS, the CITY desires to work in cooperation with the Authority to continue a municipal recycling program toward achievement and maintenance of the State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes; and WHEREAS, in addition, the CITY provides for the collection of solid waste from the residents and businesses and residential recyclables within its boundaries and recognizes the need for safe and sanitary processing and disposal of solid waste and residential recyclable materials; and WHEREAS, the CITY wishes to participate in a coordinated County -wide program for the management of hazardous waste and control of solid waste processing and disposal and residential recycling participation in cooperation with federal, state, and local agencies responsible for the prevention, control, or abatement of air, water, and land pollution; and WHEREAS, the CITY together with Palm Beach County recognizes the need to plan and develop an adequate solid waste and residential recycling system for the benefit of all the residents of Palm Beach County. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the CITY, its constituents and the Authority, it is agreed as follows: The purpose of this Agreement is to set forth the terms and conditions for the delivery of municipal solid waste to designated facilities and for the operation of a recycling program between the Authority and the CITY in this combined agreement which upon execution by both parties shall automatically rescind the "Interlocal Agreement for Municipal Recycling and Grant Management" set to expire on September 30, 2008 and the "Interlocal Agreement for Delivery of Municipal Solid Waste to a Designated Facility" expiring on September 30, 2010 previously entered into by the parties and shall become Page 418 of 896 ,dap- oyal INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO DESIGNATED FACILITIES AND FOR A MUNICIPAL RECYCLING PROGRAM THIS AGREEMENT, made and entered into this ag;nay of 4 rbt WL W2009 by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent special district created pursuant to Chapter 2001-331, Laws of Florida, as amended, hereinafter called "Authority", and the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter called "CITY". WITNESSETH: WHEREAS, the Authority has been empowered by law to carry out the powers, obligations and requirements in Palm Beach County, Florida, prescribed to a "county" pursuant to the provisions of Chapter 403, Part IV, Florida Statutes; and WHEREAS, Chapter 403, Part IV, Florida Statutes encourages counties to enter into Interlocal Agreements with municipalities to establish recycling programs and carry out recycling activities; and WHEREAS, the CITY desires to work in cooperation with the Authority to continue a municipal recycling program toward achievement and maintenance of the State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes; and WHEREAS, in addition, the CITY provides for the collection of solid waste from the residents and businesses and residential recyclables within its boundaries and recognizes the need for safe and sanitary processing and disposal of solid waste and residential recyclable materials; and WHEREAS, the CITY wishes to participate in a coordinated County -wide program for the management of hazardous waste and control of solid waste processing and disposal and residential recycling participation in cooperation with federal, state, and local agencies responsible for the prevention, control, or abatement of air, water, and land pollution; and WHEREAS, the CITY together with Palm Beach County recognizes the need to plan and develop an adequate solid waste and residential recycling system for the benefit of all the residents of Palm Beach County. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the CITY, its constituents and the Authority, it is agreed as follows: 1. The purpose of this Agreement is to set forth the terms and conditions for the delivery of municipal solid waste to designated facilities and for the operation of a recycling program between the Authority and the CITY in this combined agreement which upon execution by both parties shall automatically rescind the "Interlocal Agreement for Municipal Recycling and Grant Management" set to expire on September 30, 2008 and the "Interlocal Agreement for Delivery of Municipal Solid "Waste to a Designated Facility" expiring on September 30, 2010 previously entered into by the parties and shall become Page 419 of 896 effective upon filing with the Clerk of the Courts in accordance with Chapter 163, Florida Statutes. 2. The CITY agrees that all solid waste and residential recyclables collected by or on behalf of the CITY shall be disposed of at an Authority operated facility or Authority permitted facility ("designated facilities"), in accordance with this Agreement. 3. The CITY agrees to cooperate with the Authority to provide all necessary and required information to the Authority in a timely manner so that it can be determined if the CITY's solid waste and residential recyclables are being delivered to a designated facility. 4. The Authority agrees to maintain its disposal facilities to ensure adequate capacity for the CITY's waste and residential recyclables to operate within all applicable local, state and federal environmental guidelines. S. Compliance with Zoning Ordinances Any transfer and/or disposal of solid waste and recyclable materials shall be undertaken in a location suitable and adequate for such activity and shall comply with all local zoning ordinances and any other applicable local and state .statutes, ordinances and regulations. 6. Waste Dis2gsal R uirements All solid waste and residential recyclables collected by or on behalf of the CITY shall be disposed of at an Authority operated or permitted facility in accordance with the criteria established for acceptance of loads deemed suitable for processing at the designated facilities. 7. Collection 9f Source -Separated Recyclable Material A. Residenti Individual residents/homeowners shall be encouraged by the CITY to separate their solid waste into recyclables and nonrecyclables. Each residential unit or combination of units will receive the appropriate type and number of reusable containers, in accordance with the countywide recycling program, into which Recyclable Materials will be deposited. Commingled Recyclable Materials shall mean: aluminum cans, foil and pans; aseptic containers; gable -topped containers; glass bottles and jars (green, brown and clear); and plastic containers # 1 - #7 (except Styrofoam). Commingled recyclables will be deposited into one of the appropriately designated reusable containers. Fiber Recyclable Materials shall mean: newspapers (including inserts); magazines and catalogs; phone books; corrugated cardboard, and kraft bags. Fiber Recyclable Materials shall be placed loose in the other appropriately designated reusable container. Page 2 of 7 Page 420 of 896 Corrugated cardboard shall be cut to an acceptable size and flattened, and for curbside resident shall be set beside or in the same reusable container as the Fiber Recyclable Material. Residents receiving containerized service may receive a separate container to be used for the collection of Corrugated cardboard. The Authority retains the right to modify the manner in which materials are set out for collection with proper notice to the CITY. Notice for a substantial change in collection method shall be no less than one year. B. Commercial individual businesses shall be encouraged by the CITY to separate their solid waste into two categories: recyclable and non -recyclable. Businesses contracting for services will arrange with their service provider to receive one or more containers into which recyclable material may be deposited. Acceptable materials for commercial recycling shall include: Commingled Recyclable Materials, Corrugated Cardboard, Sorted White Ledger, Mixed Paper and Sorted Office Paper and any other materials agreed to in writing by the CITY and the Authority. Commercial recyclable materials shall be sorted by the business by type and placed in separate containers. Corrugated Cardboard, Sorted White Ledger, Mixed Paper and Sorted Office Paper as more specifically defined as follows shall be prepared for collection in accordance with the collection standards below: (1) Sortedyhite Ledge; - white ledger or computer printout paper. Dry and free of contaminants. (2) Sorted D#1:•ice Peder - office paper including letterhead, computer paper, legal paper, loose-leaf paper, copy and typing paper. (3) Corrugated Cardboard — containers having liners of either test liner, jute, or kraft. ed — a mixture of various types and grades of paper including {4) bursa pryaper limited to: all office paper, colored paper, corrugated cardboard, envelopes (excluding envelopes with cellophane windows), junk mail, kraft bags, magazines, and catalogs. Mixed Paper does not include tissue or towel type paper. mmerc l Recd cii ue Shaiv As a further incentive for the CITY to actively pursue commercial recycling, the Authority and the CITY may enter into a separate agreement to provide for payment to the CITY for all acceptable loads of agreed upon commercial Recyclable Materials. Types of commercial Recyclable Materials eligible for payment shall be determined by the Authority. Absent this agreement, the CITY may choose to dispose of all commercial recycling at any private material recycling facility. Page 3of7 Page 421 of 896 B. It sball be the responsibility of the CITY or its collector to contact residents or businesses that repeatedly place improperly sorted materials in their Vie' ,r;,", container and inform and encourage them to properly sort materials. If the problem persists, the CITY shall notify the Authority, who shall then assist CITY in resolving the problem. The Authority shall provide yellow and blue eighteen (18) and ninety-six (96) gallon recycling containers. The yellow and blue colors reflect a consistent educational advertising effort through TV commercials, newsprint, radio, mailer, or other source. it is the CITY's responsibility to make sure it or its collection contractor has equipment compatible to provide proper collection of these recycling containers without damage. The CITY or its collection contractor shall be responsible for replacement of any recycling container(s) damaged during service at no additional cost to the Authority. Page 422 of 896 12. Comliance with Zonin ces Any transfer and/or storage of the Recyclable Materials shall be undertaken in a location suitable and adequate for such activity and shall comply with all local zoning ordinances and any other applicable local and state statutes, ordinances and regulations. The CITY further agrees to use its best efforts to amend or modify its appropriate zoning, building, or land development code to require new multi -family or commercial developments to provide adequate space for recycling containers. 13. Unacce lade Criteria have been established for acceptance of loads deemed suitable for processing at designated facilities. If the load contains in excess of 12% non -recyclable materials by volume, the receiving facility will reject the load. The CITY or its contractor will be charged the actual disposal cost and a $250.00 processing fee for any rejected load due to contamination or equipment mechanical failure. The Authority will notify the CITY immediately of a contaminated load. If the problem of unacceptable loads persists, (more than two times in a month) the Authority may elect to monitor the route for proper sorting and tagging procedures, and/or make recommendations to the CITY, omotion d Educ. atn Reonsibili 'es 14. Pr __ an The Authority will provide recycling bins/containers and assist in promoting and educating residents within the CITY in an effort to work together and increase recyclable tonnages. 15. Deliver' of Collecte _ aterial The CITY agrees that it shall require that all Recyclable Materials separated from the normal waste stream that are collected by or on behalf of the CITY shall be delivered to designated facilities. The Authority may, from time to time, undesignate a facility. The CITY will take such action as is necessary and available to ensure against and prevent scavenging and unauthorized removal of such recyclables within the jurisdiction of the CITY. 15. Term This Agreement shall begin on the date herein above and continue through September 30, 2013, and may be renewed for a period of five (5) years upon mutual agreement. Notwithstanding termination, any rights or duties imposed by law shall remain in effect. This Agreement may be modified only by the written consent of both parties; or terminated by either party upon one hundred twenty days (120) days written notice to the other. The effective date of termination will be the last day of the fiscal year in which the notice was given. Page 5 of 7 Page 423 of 896 17. Change in Law In the event any change in law abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 18. Notices. All formal notices affecting the provisions of this Agreement shall be delivered in person or be sent by registered or certified mail to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual. For For the CITY: Solid Waste Authority of Palm Beach County City of BoyntonfBeach —'—--- 7501 North Jog Road 100 E. Boynton Beach Boulevard West Palm Beach, Florida 33412 Boynton Beach, FL 33435 tte..ntion: Executive Director Attention: Cite Manauer — 19. If any clause, section, or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such invalid portions thereof had not been incorporated herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 6 of 7 Page 424 of 896 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as of the day and year first above written: WITNESSES: ATTEST: APPROVED AS TO FORM LEGAL SUFFICIENCY Legal Counsel Solid Waste Ruth ' i Beach County ATTEST: City Clef, APPROVED AS TO FORM AND LEGAL SUFFICIENCY ___........ .... Office of the City Attorney As to the Authority: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Aarkammond, Executive Di=rwec7o4r SOLID WASTE AUTHORITY OF =Jsalotti, Y ric to the Authority As to the CITY: CITY OF OYNTON BEACH Kurt Bressner, City Manager HA19901900182_1313'Agreements 200SULA SWA (Solid Whsle-Recycllog).doc Page 7 of 7 Page 425 of 896 The City of Boonton Beach February 20, 2009 City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH R 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitqj@dboyntan-beadiftus www.boynton-beach.org Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, FI 33412 Attention: Mr. Maris Hammond Executive Director Re: Resolution # R09-033 Interlocal Agreement for the Delivery of Municipal solid Waste to Designated Facilities and for a Municipal Recycling Program Dear Mr. Hammond: Attached for your handling are three (3) partially executed agreements and a copy of the Resolution mentioned above. Once the agreements have been signed, please return one original to the City Clerk's Office for Central File. If you have any questions, please do not hesitate to contact me. very truly yours, CITY OF BOYNTON BEACH et M. Prainito, CMC City Clerk Attachment CC: Jeff Livergood, Public Works Us s.1CC\WP\MgER COMMISSION\0ther Traasmittel Letters After Commisdon\20G9\RO9-032 Solid Waste Authourity of FBC.doc America's Gateway to the Gulfstream Page 426 of 896 I RESOLUTIONNCS. R20-123 12 WHEREAS,, during the last legislative session, the over signed (Sifiouse Bill 13 73 adding a new subsection 22 to Florida Statue 403.706., Local Goin.ent Solid Waste. 14 Responsibilities; and is WHERE&S, this new subsection established as requirement that certain language be 16 included in all new or renewed coflection contracts between municipalities or counties widthe 17 intended goal of reducing contamination in recyc I ing; and 18 WHEREAS, SWC has presented an updated Interlocal Agreement for execution and 19 apprcival by the City which incorporates the required language; and 20 WHEREAS, the City Commission ofthe City of Boynton Beach, Florida, upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to approve and 22 authorize the Mayor to sign an Interlocal Agreement -with the Solid Waste Authority of Palm 23 Beach ("'ounty which includes die required language as mandated in CS/Ilouseffill 73 regarding 24 reduct-ion in contamination of residential recycling collection and processing, 25 NOW, THEREFORE, BE IT R'ESOLVED BY THE C17"Y COMMISSION OF 2.6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT.,, 8ACMRES0\AgrecmcnWJ1A With SWA For Municipat solid Weste - Reso.DocN Page 427 of 896 27 Section 1. Each Whereas clause set forth above is true and correct and incorporated 28 herein by this reference. 29 Section 2. The City Commission of the City of Boynton Beach. Florida does hereby 30 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 31 Beach and the Solid Waste Authority of Palm Beach County which includes the required 32 language as mandated in CS/House Bill 73 regarding reduction in contamination of residential 33 recycling collection and processing, a copy of said Interlocal Agreement is attached hereto as 34 Exhibit "A". 35 Secdon 3. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 171h day of November, 2020. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor _Steven B. Grant 42 43 Vice Mayor —Ty Penserga 44 45 Commissioner — Justin Katz t 46 47 Commissioner — Woodrow L. Hay � 48 49 Commissioner — Christina L. Romelus so 51 VOTE T 52 ATTEST: 5354' 55 « ,fhj " N .. 4t) L 56 ?P� ry .al Gibson, NINt J �- 57 �° City Clerk59 60 (Corporate Seal) j.��� aria S:ICMRESQAgreemenUUl A "'s Sv+ " 'i tcip l SS Iid Waste . Re4v.[hrcx Page 428 of 896 April 19, 2021 City of Boynton Beach P.O. Box 310 Boynton Beach, FI.33425 Attention: City Manager Re: Interlocal Agreement for the Delivery of Municipal Solid Waste to Designated Facilities for a Municipal Revenue Sharing Recycling Program Please find enclosed your fully executed and recorded copy of the subject Interlocal Agreement. Sincerely, °° Angela Bolin Engineering Services Specialist APR 2 9 2021 CITY MANAGER'S OFFICE 7501 Nortl�i Jof,; Rrn,&d, Ohast, hakn, 1eaci,o11 Fd'�'Iinrida 11412 640-410,10111"1 F`wx� it,, r4 6-3400 ("5151", !I sc"�'4-'rtlhl arld Opw",A' r"(m'jnl"Y Page 429 of 896 nefurn io: (enciose self-addressed stamped envelope) Name: Address: q�'� � � � I� T�,�:� � �; . I a �•a�: y r � u � A !�� ��u� � � � G° i'�� r:x. INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO DESIGNATED FACILITIES AND FOR A MUNICIPAL REVENUE SHARING RECYCLING PROGRAM THIS Agreement, made and entered into this day of , 20 24 by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent special district created pursuant to Chapter 2001-331, Laws of Florida, as amended, hereinafter called "Authority", and the CITY OF BOYNTON BEACH, a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter called "CITY WITNESSETH: WHEREAS, the Authority has been empowered by law to carry out the powers, obligations and requirements in Palm Beach County, Florida, prescribed to a "county" pursuant to the provisions of Chapter 403, Part IV, Florida Statutes; as amended, and WHEREAS, the CITY desires to work in cooperation with the Authority to continue a municipal recycling program toward achievement and maintenance of the State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes; as amended, and WHEREAS, in addition, the CITY provides for the collection of solid waste from the residents and businesses and residential recyclable materials within its boundaries and recognizes the need for safe and sanitary processing and disposal of solid waste and residential recyclable materials; and WHEREAS, the CITY wishes to participate in a coordinated County -wide program for the management of hazardous waste and control of solid waste processing and disposal and residential recycling participation in cooperation with federal, state, and local agencies responsible for the prevention, control, or abatement of air, water, and land pollution; and WHEREAS, the CITY together with the Authority recognizes the need to plan and develop an adequate solid waste and residential recycling system for the benefit of all the residents of Palm Beach County. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the CITY, its constituents and the Authority, it is agreed as follows: 1. The above -recitals are true and correct and incorporated into the body of this Agreement as if fully set forth herein. 2. Definitions: Acceptable Load — Any load of otherwise Designated Recyclables that cont 9'2130 of 896 INTERLOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO DESIGNATED FACILITIES AND FOR A MUNICIPAL REVENUE SHARING RECYCLING PROGRAM THIS Agreement, made and entered into this /8 day of 1n xcµ „_._, 20 74 by and between the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a dependent special district created pursuant to Chapter 2001-331, Laws of Florida, as amended, hereinafter called "Authority", and the CITY OF BOYNTON BEACH, a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter called "CITY". WITNESSETH: WHEREAS, the Authority has been empowered by law to carry out the powers, obligations and requirements in Palm Beach County, Florida, prescribed to a "county" pursuant to the provisions of Chapter 403, Part IV, Florida Statutes; as amended, and WHEREAS, the CITY desires to work in cooperation with the Authority to continue a municipal recycling program toward achievement and maintenance of the State recycling goal and the requirements of Chapter 403, Part IV, Florida Statutes; as amended, and WHEREAS, in addition, the CITY provides for the collection of solid waste from the residents and businesses and residential recyclable materials within its boundaries and recognizes the need for safe and sanitary processing and disposal of solid waste and residential recyclable materials; and WHEREAS, the CITY wishes to participate in a coordinated County -wide program for the management of hazardous waste and control of solid waste processing and disposal and residential recycling participation in cooperation with federal, state, and local agencies responsible for the prevention, control, or abatement of air, water, and land pollution; and WHEREAS, the CITY together with the Authority recognizes the need to plan and develop an adequate solid waste and residential recycling system for the benefit of all the residents of Palm Beach County. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the CITY, its constituents and the Authority, it is agreed as follows: 1. The above recitals are true and correct and incorporated into the body of this Agreement as if fully set forth herein. 2. Definitions: Acceptable Load — Any load of otherwise Designated Recyclables that contains no Prohibited Material and a maximum of 12% Contamination in total, or the Container component contains no Prohibited Material and a maximum of 12% Contamination and Page 431 of 896 the Fiber component contains no Prohibited Material and a maximum of Selo Contamination. Acceptable Material — Designated Recyclables as defined herein. Combined -Haul City — A municipality that has contracted with a Private Hauler that also services other mtmicipal or unincorporated areas within Palet Beach County to collect and deliver Residential Recovered MateriabtotbeAuthority. Containers — Includes aluminum cans, aseptic containers, gable -topped containers, glass bottles and jars (g=n, brown and clear), and plastic containers #1- #7 (except Styrofoam). Contaminated Recyc12bl a Material — Any Recyclable Material that sloes not conform to the standards for Acoeptable Loads. Contamination — Any material not included in the definition of Designated Recyclables. Corragated Cardboard — Containers having liners of either test liner, jute, or haft. Designated Facility — The Authority's Recovered Materials Processing Facility (RWF), the Authority's transfer stations, a Private Commercial Materials Recycling Facility (PCMRF) designated by the Authority or any other sites designated by the Authority for recycling. The Authority reserves the right to add or delete approved fsctTities with reasonable notice. Designated Recyclable, — Fiber and Containers as defined herein or other materials as the Authority may designate. Equivalent Residential Unit (ERS — Single -Family and Mobile Homes equal 1 FRU, Multi -Family Homes equal 0.75 ERUs. Fiber — Includes newspapers (including inserts), magazines and catalogs, phone books, Corrugated Cardboard, Mixed Paper, Sorted White Ledger, Sorted Office Paper, and kraft bags. Mired Paper — A mixture of various types and grade's of paper including but not limited to: all office paper, colored paper, corrugated cardboard, envelopes (excluding envelopes with cellophane windows), junk mail, kraft bags, magazines, and catalogs. Mixed Paper does not include tissue or towel paper. Municipal Solid Waste or MSW — Garbage, sewage, sludge, septage, rubbish, refuse, and other discarded solid or liquid materials resulting from domestic, industrial, commercial, agricultural, and governmental operations, but does not include solid or dissolved materials in domestic sewage, storm drainage, or other significant pollutants in water resources, such as silt, dissolved or suspended solids in industrial wastewater effluents, dissolved materials in irrigation return flows, or other common water pollutants. Net Revenue -- Residential Recovered Materials Revenue minus Processing Cost. Private Hauler --- Any for-profit person or entity providing collection of solid waste and/or recyclables for }tire on a routine basis within the municipality. Processing Cost — The suxn(s) due and payable to the contract operator of the RMPF by the Authority. Psobibited Material — Hazardous, medical or biological waste. Page 432 of 896 PubllelSelf Hauler — The municipality providing the collection of solid waste and necyclables using their own resources rather than using the hauling services of a Private Hauler. Recovered Materials Processing Facility (RMPF) —A facility owned by the Authority that processes Recyclable Material. Recyclable Material — Includes Containers and Fiber. Residenthd Recovered Materials Revenue — Total earned revenue from the sale of designated Residential Recovered Materials. Residential Revered Materials — Designated Recyclables collected from residential units less Unacceptable Materials and Prohibited Materials delivered to Designated Facilities. Self -Haul City — A municipality that collects its own Residential Recovered Materials and delivers it to the Authority or who uses a private contractor that collects its Residential Recovered Materials on dedicated routes and can positively demonstrate that they have collected and are delivering only that jurisdiction's Residential Recovered Materials to the Authority. Sorted Office Paper — Office paper including letterhead, computer paper, legal paper, loose-leaf paper, copy and typing pager• Sorted White Ledger — White ledger or computer printout paper. Unacceptable Load — Any load of Designated Material delivered to a Designated Facility OW is deemed not an Acceptable Load as defined herein. Unacceptable Material — Any material other than Acceptable Material and Prohibited Material. 3. The purpose of this Agreement is to set forth the terms and conditions for the delivery of Municipal Solid Waste (MSW) to Designated Facilities and for the operation of a recycling program between the Authority and the CITY which upon execution by both Mies shall automatically rescind the cu rmt INTERFOCAL AGREEMENT FOR THE DELIVERY OF MUNICIPAL SOLID WASTE TO DESIGNATED FACILITIES AND FOR A MUNICIPAL RECYCLING PROGRAM and shall become effective upon Sling with the Clerk of the Courts in accordance with Chapter 163, Florida Stu rtes. 4. The CITY agrees that all MSW and Designated Recyclables collected by or on behalf of the CITY shall be disposed of at a Designated Facility in accordance with this Agreement. S. The CITY agrees to cooperate with the Authority to provide all necessary and required information to the Authority in a timely manner so that it can be determined if the CITY's MSW and Designated Recyclables are being delivered to a Designated Facility. Page 433 of 896 6. The Authority agrees to pay the CITY a minimum of 501/6 of the Net Revenues earned from the We of Residential Recovered Materials attributable to the CITY on a quarterly basis. The actual percentage will be determined annually through the Authority's budget process. The Net Revenues to be shared ►vitt consist of the Residential Recovered Materials Revenues received by the Authority for each quarter less the Processing Cost for that quarter. That amount will be divided by the total tons received to determine an average price per ton and then multiplied by the adopted annual revenue share percentage to set the program price to be paid for the quarter. The Net Revenue distribution formula will be based on the number and type of residential units serviced by the CITY in relation to the total number of these units for all municipalities participating in this program or on the actual amount delivered for municipalities that haul their own material. Each participating municipality will either be classified as a Self -Raul City or a Combined -Haul City. Self - Haul Cities will receive a revenue share based on the actual weight of Acceptable Loads delivered to a Designated Facility. Combined -Haul Cities will share the balance of those net revenues based upon the proportion of their total ERUs serviced in comparison to the total ERUs serviced for all Combined -Hauler Cities in Palm Beach County. 7. The Authority agrees to maintain its Designated Facilities to ensure adequate capacity for the CIT'Y's waste and residential recyclables to operate within all applicable local, state and federal environmental guidelines. 8. Collection of J2Ujgnated Recvclabb* A. Residgntial Individual residentsihomeowners shall be encouraged by the CITY to separate their MSW into recyclablcs and non-recyclables. Each residential unit or combination of units will receive from the Authority the appropriate type and number of reusable containers, in accordance with the cmrntyvnde recycling program, into which Recyclable Materials will be deposited. Corrugated Cardboard shall be cut to an acceptable size and flattened, and for curbside residents, shall be set beside or in the some reusable container as the Fiber. Residents receiving contamenzed service may receive a urate container to be used for the collection of Corrugated Cardboard. The Authority retains the right to modify the manner in which materials are set out for collections with reasonable notice to the CITY. Notice for a substantial change its collection method shall be no less than one year, B. !92mm422 Individual businesses stall be encouraged by the CITY to separate their MSW into two categories: recyclable and raou-recyclable. Businesses contracting for services will arrange with their service provider to receive one or more containers into which Recyclable Material may be deposited. Acceptable Materials for commercial recycling shall include: Containers, Corrugated Cardboard, Sorted White Ledger, Page 434 of 896 Mixed Paper, Sorted Office Paper, and any other materials agreed to in writing by the CITY and the Authority. The Authority reserves the right to add or delete allowable Designated Recyclables and when doing so will provide the City with reasonable notice to melee those changes. 9. ercial ltec °cl' . Revenue Sbw As a further incentive for the CITY to actively pursue commercial recycling, the Authority and the CITY may enter into a separate agreement to provide for payrnent to die CITY for all Acceptable Loads of agreed upon commercial Recyclable Materials. "Types of commercial Recyclable Materials eligible for payment shall be deterMined by the Authority. 10. Tamp2mz Od The CITY shall be responsible for having collected Designated Recyclables transported to a Designates Facility as defined herein. The Authority or its contractor shall receive, process, dispose of and/or recover all Designated Recyclables delivered by or on behalf of the CITY, at no charge to the CITY, except for Unacceptable Loads as described below. Collection equipment must be of a type to provide for near, side or front unloading and may be compartmentalized or in separate vehicles. 11. Iintrro»erly nepared and SpitedReiyelabk Materials When a collector's crew encounters improperly prepared and sorted materials or non - recyclable items, they must follow this procedure; A. The collector shall pick up all Designated Recyclables except for Contaminated Recyclable Material or those which cannot be safely retrieved from the reusable containers. Improperly prepared and sorted materials or contamination will be left in the reusable containers or temporarily mnoved and returned to the reusable containers. The collector shall leave an Authority and/or CITY approved form on the material or in the container. The foram wihl notify the resident or business that material has not been properly sorted, and will provide contact information for the CITY or Authority recycling coordinator for further information. Upon request of the CITY, the Authority will provide rejection probe training for the route drivers. The Authority and the CITY will consult and evaluate the extent of the need for such training, which shall be provided by the Authority. As a means of strengthening the CITY's ability to have its collector fulfill the CITY's recycling needs, the CITY agrees to notify the Authority when preparing the CITY's fixture Request for Proposals or Sid for collection services. B. It shall be the responsibility of the CITY or its Private Hauler to contact residents or businesses that repeatedly place improperly sorted materials in their designated container and inform and encourage them to properly sort materials. Ifthe problem Page 435 of 896 persists, the CITY small notify the Authority, who shall then assist the CITY in resoling the problem. 2. Rmcft Container8 The Authority shall provide yellow and blue eighteen (18) and ninety-six (96) gallon recycling containers. The yellow and blue colors reflect a consistent educational advertising effort through TV commercials, newsprint, radio, mailer, or other source. It is the CITY's responsibility to make sure it or its Private Mauler has equipment compatible to provide proper collection of these recycling containers without damage. The CITY or its Private Hauler shall be responsible for replacement of any recycling conOtmer(s) damaged during service at no cost to the Authority. The Authority reserves the right to add or delete different size containers and when doing so will provide the City with reasonable notice to mince those changes. 13. Cmpligm with &ni-q& ordinances Any transfer, processing, disposal and/or storage of Municipal Solid Waste and Recyclable Materials shall be undertaken at a Designated Facility that complies with all local zoning ordinances and any other applicable local and state statutes, ordinances; and regulations. The CITY further agrees to use its best efforts to amend or modify its appropriate zoning, building, or Iand development code to require new multi -family or commercial developments to provide equate space for recycling containers. 14.1�ivm Un - e If the City delivers a load of Designated Recyclables that is deemed to be an Unacceptable Load, the CITY or its Private Hauler will be charged the actual disposal cost for any rejected load due to Contamination or equipment failure. The Authority will notify the CITY or its contractor immediately of an Unacceptable Load. If the problem of Unacceptable Loads persists (more than two times in a month), the Authority may elect to monitor the route for proper sorting and tagging procedures, and/or make recommendations to the CITY. 15. PrwQnation and &le�catioa l�tonst ities The Authority will provide recycling containers and assist in promoting and educating .residents within the CITY in an effort to increase recyclable tonnages and reduce Contamination.. 16. DeliMy of Desigole 41 1 The CITY agrees that it shall require that all Designated Recyclables separated from the normal Municipal Solid Waste stream that are collected by or on behalf of the CITY be delivered to Designated Facilities as defined herein. The CITY will take such action as is Page 436 of 896 necessary and available to ensure against and prevent scavenging and unauthorized removal of such recyclables within the jurisdiction of the C= 17. Term This Agreement shall begin on the later of its effective date or October 1, 2020, and continue through the following September 30th and shall automatically be renewed for successive annual periods. Either party may terminate this Agreement on any October 1 st by delivering written notice received by the other party prior to the preceding May 1 st. The Authority will continue to provide the necessary recycling containers and ongoing education and advertising as provided in this Agreement. Notwithstanding termination, any rights or duties imposed by law shall remain in effect. 18. Change, in Law In the event any change in law abrogates or modifies any provisions or applications of this Agreement, the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 19. Notices All formal notices affecting the provisions of this Agreement shall be delivered in person or be sent by registered or certified mail to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual. ......... For the Authors For the CITY. Solid Waste, �, -__ ....�m ,,��� .........�....___._... � .... ..�mm:,�.,. Authority of Palm Beach Count Ci of Boynton Beach 6 7501 North Jog Road P.O. Box 310 West Palm Beach, Florida 33412 Boynton Beach, FL 33425 Attention Executive Director Attention Cid Manager _ ..... 20. If any clause, section, or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such invalid portions thereof had not been incorporated herein. Page 437 of 896 IN WITNESS WHEREOF, the parties hereto have emm into this Agmemm cffmhva as of the day and year fim abDvr, written: k2" 4, APPROVED AS TO FORM AND LEGAL SUFFICIENCY Howard J. or Falcon III 5rgm offlaw Comml to, the Authority ATTEST: (Ates M~ " 1920 As to the Authority: SOLID WASTE AUTHORITY OF PALM BEACH COUNTY Durieisz,. Eacutive Director Doc: 6-17,14 SOM,. ASTE AMORMY"OF PALM B CH it 5 � loth, Clair -to'd, I a —Au 9 m tity Dalm (Ank SWA Seal) As to the CrrY-. SK PF, 9�11 APPROVED AS M FORM AND ALS C Date: Page 438 of 896 7.C. Requested Action by Commission: Proposed Resolution No. R22-009 - Authorize the City Manager to sign a contract with I nsituform Technologies, LLC as the lowest pre -qualified bidder as determined by review of bids submitted on November 18, 2021 for the Gravity Sewer Main Multiple Neighborhoods Project in response to the Request for Bids for Cured -in -Place Pipe Lining, (Bid No. ITB 04-CIPP-22/TP) in the amount of $347,952.60 plus a 10% contingency of $34,795.26 if needed for staff approval of change orders for unforeseen conditions for a total expenditure of $382,747.86 based on unit costs provided by I nsituform Technologies, LLC. Explanation of Request: On January 17, 2017, the Commission approved a list of three (3) pre -qualified contractors to perform Cured -In -Place Pipe (CIPP) Lining as a result of RFQ #057-2821-16/TP. The intent is that when Utilities has a Cl PP project, a bid will be sent to the three (3) pre -qualified contractors requesting bids from which one will be recommended to be awarded the contract. A Request for Bids was issued to the pre -qualified contracting firms to submit line item pricing to perform Cured -in -Place Pipe Lining (CIPP) of gravity sewer mains in multiple areas (Palm Beach Leisureville, San Castle, SE10th Ave/SE 3rd St., NE 6th Ave) throughout the Utilities' service area. CIPP lining is a trenchless method of placing a flexible lining into an existing pipe and utilizing heat and pressure to expand and cure the lining. The new CIPP lining will provide a barrier to minimize groundwater inflow and soil infiltration at existing sanitary sewer pipe joints. Leaking pipe joints would potentially carry soil material surrounding the joint, which may cause depressions in roadway. The Scope of Work detailed in the request for Bid includes the following general items: ■ Task 1 — Pre -lining cleaning and video inspection ■ Task 2 — Bypass pumping and maintenance of traffic ■ Task 3 — Pipe lining ■ Task 4 — Post -lining video inspection The selected Contractor will furnish all labor, materials, equipment, incidentals and appurtenances to complete the defined Work as outlined in the Contract Documents. How will this affect city programs or services? This approval will allow City Manager to sign a contract with Insituform Technologies, LLC. in the amount of $382,747.86. Wastewater pipe lining will increase structural integrity and flow capacity of the pipe. Fiscal Impact: Budgeted. The fiscal impact as a result of this approval and subsequent PO's is included in the current and proposed Utility budget. Funds for this repair service are available from the Utilities account number 403- 5000-65.04 SW 1801 Alternatives: Not approve the recommended contractor as provided and request that a new Bid for CIPP Lining be Page 439 of 896 advertised. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type D IRE)S()l LA ti 0 111 D Cointract D QLAOtE)S D Bid Dfa lba ShE)E)tS D AddE)indUlirn D AddE)indUlirn Description RE)SOkAboin approviing Agir'E)E)irT1E)1['1t with I 111SRUlforirn for CLArEd li in pbCE) pilPE) ill'IiIng Cointract for IfR1::::Q INoa : 057 2821 1 (3/ T F1 I T1B 04 C I IF1 F1 22 SchEdLAE) Of IBlid ItE)irns Bid SL.Jbirnissioin Bid ShE'E)t IREqLAE)St for IBlidIC:::: )dE)1['1Sk)1['1 01 f5...21 C OB IB AgE)inda I tE)irn 0 1 15 21 Page 440 of 896 1 RESOLUTION NO. R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 5 CONTRACT WITH INSITUFORM TECHNOLOGIES, LLC AS THE LOWEST 6 PRE-QUALIFIED BIDDER RESULTING FROM RESPONSES TO THE 7 REQUEST FOR BIDS FOR CURED-IN-PLACE PIPE LINING, (BID NO. ITB 8 04-CIPP-22/TP) IN THE AMOUNT OF $347,952.60 PLUS A 10% 9 CONTINGENCY OF $34,795.26 IF NEEDED FOR STAFF APPROVAL OF 10 CHANGE ORDERS FOR UNFORESEEN CONDITIONS FOR A TOTAL 11 EXPENDITURE OF $382,747.86 FOR THE GRAVITY SEWER MAIN 12 MULTIPLE NEIGHBORHOODS PROJECT BASED ON UNIT COSTS 13 PROVIDED BY INSITUFORM TECHNOLOGIES, LLC. IN THEIR RESPECTIVE 14 BID; AND PROVIDING AN EFFECTIVE DATE. 15 16 WHEREAS, on January 17, 2017, the Commission approved a list of three (3) pre- 17 qualified contractors to perform Cured-In-Place Pipe (CIPP) Lining as a result of RFQ #057- 18 2821-16/TP. The intent is that when utilities has a CIPP project a bid will be sent to the 19 three (3) pre-qualified contractors and ask them to submit bids from which one will be 20 recommended to be awarded the contract; and 21 WHEREAS, a Request for Bids was issued to our pre-qualified Contracting Firms to 22 submit line item pricing to perform Cured-in-Place Pipe Lining (CIPP) of gravity sewer mains in 23 multiple areas (Palm Beach Leisureville, San Castle, SE 10th Ave/SE 3rd St., NE 6th Ave) 24 throughout the Utilities' service area; and 25 WHEREAS, staff reviewed the bid proposals and it was determined that Insituform 26 Technologies, LLC was the lowest, pre-qualified bidder; and 27 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 28 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 29 approve and Authorize the City Manager to sign a contract with Insituform Technologies, LLC 30 as the lowest pre-qualified bidder as determined by review of bids submitted on November 31 18, 2021, resulting from the responses to the Request for Bids for Cured-in-Place Pipe Lining, 32 (Bid No. ITB 04-CIPP-22/TP) in the amount of $347,952.60 plus a 10% contingency of 33 $34,795.26 if needed for staff approval of change orders for unforeseen conditions for a total 34 expenditure of $382,747.86 for the Gravity Sewer Main Multiple Neighborhoods Project based 35 on unit costs provided by Insituform Technologies, LLC. in their respective bid. S:ACA\RESO\Agreements\Award Bid and Contract to Insituform Technologies for Cured In Place Pipe Lining(2022) - Reso.docx -1- Page 441 of 896 36 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 37 OF BOYNTON BEACH, FLORIDA, THAT: 38 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 39 as being true and correct and are hereby made a specific part of this Resolution upon 40 adoption. 41 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 42 approves and authorizes the City Manager to sign a contract with Insituform Technologies, LLC 43 as the lowest pre -qualified bidder as determined by review of bids submitted on November 44 18, 2021, resulting from the responses to the Request for Bids for Cured -in -Place Pipe Lining, 45 (Bid No. ITB 04-CIPP-22/TP) in the amount of $347,952.60 plus a 10% contingency of 46 $34,795.26 if needed for staff approval of change orders for unforeseen conditions for a total 47 expenditure of $382,747.86. for the Gravity Sewer Main Multiple Neighborhoods Project based 48 on unit costs provided by Insituform Technologies, LLC. in their respective bid, a copy of the 49 Contract is attached hereto and incorporated herein as Exhibit "A". 50 Section 3. That this Resolution shall become effective immediately. 51 PASSED AND ADOPTED this 4th day of January, 2022. 52 53 CITY OF BOYNTON BEACH, FLORIDA 54 Mayor — Steven B. Grant 55 Vice Mayor — Woodrow L. Hay 56 Commissioner—Justin Katz 57 Commissioner—Christina L. Romelus 58 Commissioner — Ty Penserga 59 60 61 62 63 64 65 66 VOTE ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) YES NO S:ACA\RESO\Agreements\Award Bid and Contract to Insituform Technologies for Cured In Place Pipe Lining(2022) - Reso.docx -2- Page 442 of 896 CURED -IN-PLACE PIPE LINING GRAVITY SEWER MAIN MULTIPLE NEIGHBORHOODS (CIPP) PROJECT PHASE 5.3 RFQ No.: 057-2821-16/TP ITB 04-CIPP-22 THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and Insituform Technologies, LLC, a corporation authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of January 4, 2022, by Resolution No.: the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: 057282116, and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: CURED -IN-PLACE PIPE LINING GRAVITY SEWER MAIN MULTIPLE NEIGHBORHOODS (CIPP) PROJECT PHASE 5.3 RFQ No.: 057-2821-16/TP, ITB 04-CIPP-22. Article 2. CONTRACT TIME; LIQUIDATED DAMAGES. 2.1 The WORK will be substantially completed within 90 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within U calendar days from the date of Substantial Completion. 2.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) C-1 ITB 04-CIPP-22 Revised 12/3/21 2.3 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, Seven Hundred Fifty Dollars, ($ 750.00 ) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY One Hundred Eighty -Seven and Fifty Cents Dollars, 187.50 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 3. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: Three Hundred Fourty-Seven Thousand, Nine Hundred Fifty -Two and Sixty Cents (Written) $ 347,952.60 Article 4. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 4.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 4.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 4.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 4.4 Five percent (5) of all monies earned by the CONTRACTOR shall be retained by CITY until completion of the construction services. Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) C-2 ITB 04-CIPP-22 Revised 12/3/21 4.5 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: 4.5.1 Defective Work not remedied. 4.5.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. 4.5.3 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. 4.5.4 Damage to another CONTRACTOR not remedied. 4.5.5 Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 4.6 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. I d�]►III IGL'«91Z6Zd1JIT, I=1ZI The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 6.1 Invitation to Bid 6.2 Instructions to Bidders 6.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 6.4 Contract 6.5 Contractor's Performance and Payment Bond 6.6 General Conditions 6.7 Special Conditions 6.8 Technical Specifications 6.9 Drawings entitled: Cover, Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) C-3 ITB 04-CIPP-22 Revised 12/3/21 ARTICLE 7. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Attn: Tremaine Johnson, Manager Field Operations City of Boynton Beach Utilities 124 E. Woolbright Road Boynton Beach, FL 33435 Tel (561) 742-6476 And if sent to the CONTRACTOR shall be mailed to: Article 8. INDEMNITY. Copy to: Procurement Services Division Attn: Director of Financial Services City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Tel (561) 742-6322 CONTRACTOR: Insituform Technologies, LLC ATTN: Diane Partridge, Contracting and Attesting Officer ADDRESS: 17988 Edison Avenue CITY/STATE/ZIP: Chesterfield, MO 63005 Tel: (636)530-8000 In consideration of Twenty -Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. I_� "r i 151 rm 11=;1 1101:11 U_W'i 0i __11101:7 =16101 :1 sb'i The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 10.1 Keep and maintain public records required by the CITY to perform the service; 10.2 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, Florida Statue or as otherwise provided by law; 10.3 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 contact term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) ITB 04-CIPP-22 Revised 12/3/21 C-4 10.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 10.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 [ = "'A ........ Article 11. SCRUTINIZED COMPANIES 287.135 and 215.473. By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Article 12. E -VERIFY. 12.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) C-5 ITB 04-CIPP-22 Revised 12/3/21 Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. Article 13. MISCELLANEOUS, 13.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 13.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) C-6 ITB 04-CIPP-22 Revised 12/3/21 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 12022. CITY OF BOYNTON BEACH COMPANY Lori LaVerriere, City Manager (Signature), Company Print Name of Authorized Official Title Attest/Authenticated: Witness Print Name Approved as to Form: James A. Cherof Office of the City Attorney Attested/Authenticated: Crystal Gibson City Clerk (Corporate Seal) Boynton Beach Utilities — Multiple Neighborhood - Cured -In —Place Pipe Lining (CIPP) C-7 ITB 04-CIPP-22 Revised 12/3/21 A TTA CHMENT «C„ Boynton Beach Utilities — Cured -In —Place Pipe Lining (CIPP) Attachment C KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated into a contract with Owner for accordance with drawings and specifications prepared by 20 , entered which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP) THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PFB- 1 Ill NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP) THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PFB- 2 Signed and sealed this day of 12022. Principal (Seal) Witness Title Surety Witness Attorney -in -Fact Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP) THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PFB- 3 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of contractor) hereinafter called Principal, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated , 2022, entered into a contract with Owner for accordance with drawings and specifications prepared by contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. which NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP) PYB- 2 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP) THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD PYB- 2 not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of 12022. Principal (Seal) Witness Surety Witness Attorney -in -Fact END OF PAYMENT BOND Boynton Beach Utilities — Cured -In Place Pipe Lining (CIPP) PYB- 3 THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says as follows: He is of (Title) a Florida Corporation a Florida General Partnership a Florida Limited Partnership a Sole Proprietor (Name of Corporation or Firm) ( ) Check One which is named in Construction Contract dated the day of 20 , between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Affiant Sworn to and subscribed before me this day of 12022 Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Boynton Beach Utilities —Cured -In Place Pipe Lining (CI PP) THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD LVrrai City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise orlower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Aggregate - $1,000,000.00 Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified to be determined INSURANCEADVISORYFORM Revised 04/2021 $ 300,000.00 Limits based on Project Cost Limits based on Project Cost I It'll, d O"M #,ffOffjV— Boynton Beach Utilities — Cured -In -Race Flipe Lining (UPP) Attachment A 158 Page 460 of 896 INFLOW & INFILTRATION PROGRAM WASTEWATER SYSTEM CURED -IN-PLACE PIPE REHABILITATION ITB 04-CIPP-22/TP Phase 5.3 ITB 04-CIPP-22 — GRAVITY SEWER MAIN MULTIPLE NEIGHBORHOOD PHASE 5.3 PROJECT RE -BID ITEM NO. DESCRIPTION EST QTY UNIT UNIT PRICE TOTAL UNIT PRICE FURNISH AND INSTALL CIPP REHABILITATION — SANITARY SEWER MAINS A 6" DIAMETER —SANITARY SEWER A-1 6.0 mm normal thickness (.236) 1 LF $100.00 $100.00 B 8" DIAMETER — SANITARY SEWER B-1 6.0 mm normal thickness (.236) 4000 LF $25.20 $100,800.00 C 10" DIAMETER — SANITARY SEWER C-1 6.0 mm normal thickness (.236) 500 LF $28.70 $14,350.00 CLEANING AND INSPECTION SANITARY SEWER MAINS D LIGHT CLEANING AND INSPECTION —0% to 9% or LESS ACCUMULATED DEBRIS D-1 8" — 10" Diameter 3000 LF $2.10 $6,300.00 E MEDIUM CLEANING AND INSPECTION —10% to 29% ACCUMULATED DEBRIS E-1 8" — 10" Diameter 1 2760 1 LF 1$2.70 $7,452.00 F HEAVY CLEANING AND INSPECTION — 30% or GREATER ACCUMULATED DEBRIS F-1 8" — 10" Diameter 3300 LF 3.20 $10,560.00 G SPECIALTY CLEANING — REMOVAL OF HARDENED DEBRIS, ROOTS, GREASE, CALCIFICATION AND TUBERCULATION G-1 10" Diameter and Less 1 1000 1 LF 1$12.80 1 $12,800.00 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities — Cured -In —Place Pipe Lining (CIPP) 159 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities — Cured -In —Place Pipe Lining (CIPP) 160 FURNISH AND INSTALL LATERAL GROUTING AND CLEANOUT INSTALLATION – SANITARY SEWER H 4" DIAMETER – LATERAL LINER H-1 CIPP Lateral Liner 42 EA $3,578.70 $150,305.40 H-2 Locating, Cleaning & CCTV Inspection of Lateral 1000 LF 12.80 $12,800.00 H-3 Chemical Sealing of Host Pipe — 10"Dia. and Less 10 EA 13.90 $139.00 H-4 Service Connection — Grouting 42 EA $300.00 $12,600.00 H-5 Removal & Sealing of Protruding Service Connections 1 EA 374.20 $374.20 H-6 Standard Service Reconnection 2 EA 1000.00 $2,000.00 ITEM NO. DESCRIPTION EST QTY UNIT UNIT PRICE TOTAL UNIT PRICE ANCILLARY SERVICES I BY-PASS PUMPING SETUP AND OPERATION 1-1 By -Pass Pumping Setup and Operation – 10" Diameter or Less 15 DAY $245.10 $3,676.50 J Traffic Control – City Right of Way J-1 Flagmen 10 DAY 242.00 $2,420.00 J-2 Arrow Board 10 SETUP $101.60 $1,016.00 J-3 Barricades 10 SETUP 267.30 $2,673.00 J-4 Lane Dividers 10 SETUP $16.00 $160.00 K Traffic Control – County Right of Way K-1 Flagmen 5 DAY $242.00 $1,210.00 K 2 Arrow Board 5 SETUP $101.60 $508.00 K-3 Barricades 5 SETUP $320.70 $1603.50 K-4 Lane Dividers 5 SETUP $16.00 $80.00 THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities — Cured -In —Place Pipe Lining (CIPP) 160 ITEM NO. DESCRIPTION EST QTY UNIT UNIT PRICE TOTAL UNIT PRICE GC GENERAL CONDITIONS IN -1 Indemnification 1 LS $25.00 $25.00 DESCRIBE METHOD OF CALCULATION FOR GENERAL CONDITIONS i.e. Percentage of Total Base Bid, Price if included in Bid Item; or Lump Sum GC -1 Mobilization/Demobilization, Bonds, Insurance, Permits 1 LS $4,000.00 $4,000.00 If any scope item (equipment, etc.) is not listed in the above tabulation, the cost of item(s) not listed shall be included in the unit cost of the listed item(s). IA'IAIL IIIBIIIIa II'''"II'''tII :III „ IIII IIaIII.....II II II II'"'IIS A"'I"'IIAII (Ilan II7u�unnll�a»u°s) $ 347,952.60 I aC I AIL II' Bll ll..t II"" II°tII II' , II IIS II..tII'..... IIS IIS II II""' II A I II sC IIS (11 111 Woil ds): Three Hundred Forty Seven Thousand Nine Hundred Fifty Two Dollars and Sixty Cents. *(Amounts are to be shown in both figures and words. In case of discrepancies, the amount shown in words will govern for each bid item, unit price and total bid. Extended unit price shall prevail over total price for bid items based upon unit price.) *If necessary attach a separate sheet of paper on company letterhead to describe method used for pricing General Conditions, including mobilization/demobilization, bonds, insurance and permits, and denote any deviations from the Schedule of Bid Items. THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities — Cured -In —Place Pipe Lining (CIPP) 161 x STATE OF FLORIDA SS COUNTY OF PALM BEACH 1, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. B Y: NAME - SIGNATURE Sworn and subscribed before me this 18 day of November 2021 NOTAUBLIC, State of Fioxh'MMissouri at Largien,p JANALAUSE i :NOTAWMy Commission Exores 'k. i Deoember 5,2021 SEAL." " St,N. LOUIS County Commission 0 QM15 015 9 F 9 V_'Vff ON 5YOW WWI W&q Printed Information; Diane Partridge NAME Contracting and Attesting Officer TITLE Insituforim Technologies, LLC toloikyll �T��� TH I S PAGE N1 U! ST B E S U 13 N1 I TVF D A LONG W ITH PROPOSAL IN OR DER FOR PACKAGE TO BE CONS I DER H) COMPLE-1.1 AND ACCEPTABLE Boynton Beach Utililies — Cured -in —Nace Pipe Lining (C IPP) 162 Page 464 of 896 State of Missouri County of St. Louis Tqa'Tlfd��* �2;j being first duty sworn, deposes and says that: Contracting and He, is Attesstinp officer of Insituform T M 120000003�04 echnottigipsplaIncer that (Title) (Name of Corporation or Integrator) has submitted the attached BID: He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; Said BID is genuine and is not a collusive or sham BID; Further, the said proposer 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 proposer, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion, or communications or conference with any other proposer, Integrator or person to fix the price or prices in the attached BID or of any other proposer, or to fix any overhead, profit or cost element of the BID price or the BID price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Cily. gj 15QynjQnjk&-jrh or any person, interested in the proposed Contract; and 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 propos. r or any of its agents, representatives, owners, employees, or parties in interest, including (Signed) Diane Partridge (Title) QQntracfM and AUPstlng-QffiLu- Subscribed and sworn to before me This 18 day of November 2021 Notary Public (Signature) My Commission Expires: 12/5/2021 JANA LAUSE OTAR�:My Commission Exores A- Downber 5, 2021 SEAL..' St. Louis Courts Commission # 1 I THIS PAGE MUST BE SUBMI'l-fTD ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO M,,C0NS1DFRFA) COMPLETE AND ACCEPTABLE Boynton Beach Utilities -- Cured-ki Pkice Pipe Lining (C 163 Page 465 of 896 LaawAlr-4-30111J- AFFIDAVIT #n October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. Thm incorporates the Occupational Safety & Health Administration (OSH�A) revised excavation safe standards, w r own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and wilil comp with all applicable trench safety standards, Such assurance shall be legally bind�ingi on all persorl employed by the Contractor and its subcontractors. applicable .fety standard IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN ANN, NM�IT IT WITH THEIR MF Insituforrn Technologies, LLC Marne of Proposerrv,,..., ,authorized Signature of Propo er Diane Partridge, Contracting and Attesting Officer *COYII REQUIRES j HEADINGS: ^I!i 'l11' 111f. b %1/ iW IM i� T . ! lA w ii r Y A�.ILS N � 'N 7 THE FOLLOWING Description Unit Quantity tint Price Extended Price Method Trench Shoring_ LF 1 1 nn oshaZw=h Shoring THIS PAGE MUSTBE SUBMITTED ALONG WITH PROPOSAL IN OftC1FR FOR PACCKAGE TO BE CONSIDERED COMk'LE-1`E .AND ACCEPTABLE Boynton Beach Utilities Cured -In C bice Pipe s`ning (CIDP) Page 466 of 896 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the durafion of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections, of the contractor, suibcontractor, employees, agents,throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that til contractor or subconitractor is in non-compliance of the safety terms, regulations requirements established by O.S.H.A. or the State. As the person authorized to sign the stateiment, I certify that this firm compl'ies f u! with the above requiirements. I D,iane Partridge THIS PAGE MUSTBE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE` Boynton Reach Utilities' 165 Page 467 of 896 In consideration of, and to induce the Award! of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: 1. The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor, pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 1 That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and: that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-3114; and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found: to be defective shall be replaced by the Contractor as per the attached Warranty, 8, That the materials supplied pursuant to, the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to, fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in, minimum arnounts of One Hundred Thousand ($100,000,00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty'; and 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the THIS PAG'F, MUST BE SUBMITTU'.1) ALGING WITH PROPOSAL IN ORDER FOR PACKAGETO BE CONSIDERED C0MP1.,E,Tt1` AND ACCEPTABLE RoyntonBeachUfifitics CLIMCMII Place Pipe Lining(CIPP) 166 Page 468 of 896 Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should, maintain complete and accluirate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered: and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, sealed and delivered on this 18 day of November 2021. (SEAL) CONTRACTOR Insituforrp Techno,l, ies, LLC By ATTEST- Diane Partridge Contracting and Attesting Officer Jana Lause, Contra frrg and Attesting Officer THIS PAGE MUST BE SUBMITTED ALONG WITH PROPOSAL IN ORDEN FOR PACKAGE'ro BE, CONSH)FRED COMPLETE AND ACCEPTABLE Boynton Beach U61ifies Place Pipe Unmg(('HT) 167 Page 469 of 896 M CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.,1 35 Diane Partridge, Contracting and Attesting Officer I, on behalf of Insitu nrm T_echnologjesjj-C--. certify Print Name and Title Company Name that Insituform:49_qiLesLLC does not- ME- 1. Participate in, a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List, and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification, The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135, Section 287.135, Florida Statutes, prohibits the City from: for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, c:reaited pursuant to Section 215,4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. THIS PAGE MUS TBESUBMITTED ALONG WIT] I PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDFIM) COMPLETF AND ACCEPTABLE' Place Pipe Linjiag(CIPP) 169 Page 470 of 896 As the person authorized to sign on behalf of the Contractor, l hereby certify that the company is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that puirsuant to section 287.135, Florida Statutes, the submission oon may subject the company to civil penalties, attorney's fees, and/or imSVWWi!101VJ41;)*#W4 ;1*;( 2 '1-4-4wh at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized" Companies with, Activities in the Iran Petroleum Energy Sector List. Insituform Technologies, LLC COMPANY NAME Diane Partridge PRINT NAME November 18, 2021 DATE SIGNATURE I'l IIS PAGhMUST 131: SUBM I 1"I'Ll) ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO 131: CONSIDERVI) COMPLETE AND ACCFP'I"Al3LF Boynton Reach Utilities - Cured -in -Place Pipe Lining (CIPP) 169 Page 471 of 896 0 INVITATION TO RE -BID FROM PRE -QUALIFIED CONTRACTORS CURED -IN-PLACE PIPE LINING (CIPP) i #057-282.1-16/TP GRAVITY SEWER MAIN MULTIPLE NEIGHBORHOOD PHASE 5.3 PROJECT ITB 04-CIPP-22 SCHEDULE OF SUBCONTRACTORS The Undersigned Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all sub -contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub -contractors, if required. Name and Address oaf Sub Contract Percentage Na of Wa License No.: Camtracttar AM2.ULn 1 of Contract Flotech Environmental, LLC _m- . _ Clean/CCTV Inspection/Grout/Sealingm 61052_,___45000.00 10% 5245 NW 36th St Ste.230 Miami, FL 33166 BLD Services,LLC. Lateral Clean and CCTV/Locate/Lateral Lining CUC057224 $130 000 00 39% 2424 Tyler Street Kenner,LA 70062 Signature ... Gate: 11/18/2021 Diane Partridge, Contracting and Attesting Officer / Znsituforrn Technologies, LLC Title/Cornpany Owner reserves the right to reject any sub -contractor who has previously failed in the proper performance of an award, or failed to delayer on time contracts in a similar nature, or who Is not responsible(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to Inspect all facilities of any sub -contractor in order to make a determination as to the foregoing. THIS 11Af & MOST BE SUBMITTED ALONG WITH PROPOSAL 7N O I)ER POK PACKAGE TO BE C ONSIDITED C OMPI FTt. AND AC'CEPTABI F I3 a,rynton tSceic9y Ukulitic�, C: +,u GiB-!i� Placellipe Lining(CIP'P) 170 Page 472 of 896 Diane Partridge -, thecontracting an i Aff& ting OfficeL of (Name of officer of company) (Title of officer of company) Insituform Technolociles, LLC located at 17988 Edison Avenue, Chesterfield, MO 6300 (Name of Corporation/Comipany) (Business Address) certify that I am an authorized representative of the business and, on, be alf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to (?Uiestion 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: II MZMZM1=' 1. Is the business located witPdr' the City limits � )�ES �Q Number of Years: of Boynton Beach, Flo 11� X N:/A 2. Does the Wgi , ness have a business tax �LES LLO Business License receipt is�pded in the current year? Number: X N/A .s the business registered with the FloridT'�� Lklivision of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local, business. L Signature Print Name: ILLLA' Diane Partridge, Contracting and Attesting Officer Year Active: Business License F Established: = IT MIUMM ITA =0 THIS PAGE MUST HE SUBMITTED AL,ONG WITH PROPOSAL, IN ORDER FOR IJACKAGETO BE CONSIDERED COMPLETE AND ACCEPTABLE' Boynton Beach UfliitiLn - Cured -In -Piace Mpe Uning (CIPP) 171 Page 473 of 896 CITTOF ROTATOA BEACA Project Name.- GRAVITY SEWER MAIN MULTIPLE NEIGHBORHOOD PHASE 5.3 PROJECT Solicit,ption iiIIIIIIIIIIIIIII-Im "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. "Sob contractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E -verify system, in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultantstsub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach, The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall aliso require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with:, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration, of the contract. THIS PAGE MUST 13F SUBMITTFI) Al.,ON(A WITI I PROPOSAL IN ORDER FOR PAC'KAG'E: "TCD RE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach iUtilifles — Cured! -In -Place Pipe Uning (CIPP) 172 Page 474 of 896 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1 ) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor, c) A contract terminated under subparagraph at or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is termiinated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contractfctr, a period of 1 year after the date of termination. an ame:Insit u. rm Tech �'bloq ies,,/W,� Authorized, Si nature: Print Name: Diane Partridge Title Contracting and Attesting Date:_�Lovqmber ....... . . . Phone: (636) 530-8000 STATE OF MISSOURI COUNTY OF ST. LOUIS The foregoing instrument was acknowledged before me by means of X physical presence or ri online notarizatiion, this 18 day of November -, 2021._...., by Diane Partridge-- on behalf of Insituform Technologies, LLC . He/she is personally known to me or has produced personally known, as identification. NOTARY PUBLIC THIS PAGE MUSTBE SUBMITTED ALONG WI VH PROPOSAL IN ORDRA FOR PACKAGE TO BF CONSIDERED COMPLETE AND At Boynton Beach Utilities — Cured -in —Place Pipe Lin4ig (CIDP) 173 Page 475 of 896 (Name of Notary Typed, Printed or Stamped) "A JANA LAUSE NOTARY. t My COMM'ssioa-Expirss Downber 5, 2021 Title or Rank SEAL SL Louts Cou* Commimion # 1' 1q Serial inumber, if any. THIS PAGE MUSTBE SUBMITTED ALONG WI VH PROPOSAL IN ORDRA FOR PACKAGE TO BF CONSIDERED COMPLETE AND At Boynton Beach Utilities — Cured -in —Place Pipe Lin4ig (CIDP) 173 Page 475 of 896 STATEMENT OF NO BID If you are not bidding on this service/comimodity, please complete and return this form to: FINANCE DEPARTMENT, City of Boynton Beach, 100 E. OCEAN AVENUE, BOYNTON BEACH, FL 33435 Failure to respond may result in deletion of vendor's name from, the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: N/A ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFC/Bid No. Q,5Z-2§?1,j.§jjE for CURED -IN-PLACE PIPE LINING (CIPP) IT13 04-CIPP-22 GRAVITY SEWER MAIN MULTIPLE NEIGHBORHOOD PHASE 5.3 PROJECT (RE -BID) because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) N/A Other (specify below) REMARKS: N/A THIS PAGE MUST BFB SUBMITTED ALONG WITH PROPOSAL IN ORDE-R FOR PACKAGE TO BF (-,'0NSIDER[',D COMPLETE ALI41D ACCEP FABI.,11 Boynton Beach Utilities — Cured -In —Pliace Pipe Lining (CIDP) 174 Page 476 of 896 L insituform"rechnologies, LLC is a subsidiary of Aegion Corporation 17988 Edison Avenue k3situform Chesterfleid, MO 63:005 � � (", WWW.inshform,com LEMI, I ji 'IFil 111� PRESTUEN'T -APPOINTMENTOF CONTRACTING AWLTTEMaq OF, FIC, FUCS' Tbe undersigned, being the President of Insituforin Technologies, LLC, a Delaware Limited Liability Company (the "Company"), and pursuant to the authority set forth in the Limited (,iability Company Operating Agreci-nent of the Company, hereby deternaines, that-, Christlanda Adkins, Gina Gurrieri, Janet Hass, Jana Lause, Diane, Partridge, Whittiley Schulte, and Ursula Youngblood are appointed as Contracting and Attesting Officers of the ("ornpany, each with the authority, individually and in the absence of the others, subject to the control of the Board of Managers of the Company, to: (i) certify and attest to the signature of any officer of the Company; (i i) enter into and bind the Company to perfortm pipeline rehabilitation activities of tile Company and all matters related thereto, including the maintenance of one or more offices and facilities of the Company; (iii) execute and ito deliver documents on behalf of the Company- and (iv) take SUCh other action as is or may be necessary and appropriate to carry out the prqject, activities, and work of the Company, 2. Any person previously appointed or serving as a Contracting and Attesting Officer of the Company prior to the date bereof and who is not named above is hereby removed frorn any such appointment. Dated: March 6, 2020 Ralph, E. Western [,'resident Page 477 of 896 F%OT?JF)A F).ET1A,RTA'4ENF 0FS!FA'rE Uvis,ior) J a n L wi r y 18, 20 BECKY PEIRCE CSC TALLAHASSEE, FL QuaNhcadan c0cuments to INSH-L)FORM TECHNOLDG�ES, LLO were filed on Januwy 18, 201 Z and assign(:,d docurn(,,,rit rwrnber M1 2000000304, Please rcfa�r to Ns number whemever corresponding Wth this office, Your Wed Arability coj-s,apa-jy is auUmTked totransactbusines�-, in Rork% as of dw (1k.,;, date. To maWaki 0,-,Uve" SMLIS,'withi Divis&i of Corporat�oris, an annual report must br,-,, filed yciarly betweer, Jarivary ist and N'lay ls,� beginning iri tho yecu, foltovvin�g the No date or effective dale hidkrate�d atbov( 'if the annual report �s not filed by May Ist, a ,5400 lata iee 'vvWl', b(.,, addr::,d. A Fedeml mplayer ldt:'-°nOfica,tfcn Number (FEVDN),,AJI' be requif(,,.d wher, this reuport. �s Ne,d, Contact the IRS at 1 -OW4329-4933 for an SS -4 form or go to, ,qynyjr�irg, , Rease Wdy Ns allke H the HrRed fiabjlity cornpany addi-ess changes, Shout d you h�ave any questans regarOng Ns nww- pfease contact &rjS othce at the is ddyss gben behow, Buck Kohr Rc,gulafor y Speciabst, 11 Section Division Of Corporations Letter N �,jrnber� 7 12A00001 262 Ai,noun,t 125,00 Divksio-n : 'Cot-porathmis - 1%. 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Mom AxA, Auk= SmwQTy 3 1WOU Foog Fie or QQMfon S 6## 1")e0gy'lation of , certi-fied C�opy (fypt4md) 5 5A@ CMA&W umuwsoplowal) PA(�blll J OF' STAI-rL,: ThT,' .5TA1,111i, OF DC HKIREEW CFRP-',l'.FY IFRXIIHNO,�-OGXES, L,T,C" is DETLY Ely . , P , , C, HE L)MR, )L' TH2,' STA'; DELARAlth,' AND I'S IN 5 ( G�,OOD A?1?) h'A, A LECTAY, SO F,kR A, 5 TRI,,' R -E'C'U.; CDs Oi;' 11,111s .ilii 01,F T'HY" Sl�,'Vf NrTE'ENTH, 11,11Y ��F.7ANr,!.A--P�.Y, 11 , D 20,12 AND "I EK) PDI�IRJI�Blil "ITE7,711f,1417'�IR ol,'RTU,`Tr,--.,,' THA7' '1%�i,F 3A,1D "TNSlVjlF0R?-!, lill'l.l"(".klzi,4,011("I)G"'f",E"SlI LLICII R?J'Al, "S' tORar"I", Y,548c", ,4,JV0 I J-`0 HEREOY 71"URIVER, THAT TIER APRVUA.Y., T;XFS B)TE"ENT PAJID TO DATF OB99565, 61"r 0 0 1200554 64 ver y V Fl, L,: �:.j 9301,204 01 --,Z 7,,-.j 2 -- I ......... .... -.1- - .--- ---- - --- --- -------- - - Pa4.8.1-of-896 State of Florida Department of State-, I certify from the records of this office that INSITUFOR.M TECHNOLOGIES, LLC Is a Delaware limited liability company authorized to transact business in the State of Florida, qualified on January 18, 2012. The document number of this limited liability company is M, 12000000304. I further certify that said limited liability company has paid all fees due this office through December 3 1, 20121, that its most recent annual report was filed on October 14, 2021, and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given tri der my hand and the Great Seal of the State oj'Florida at Tallahassee, the Capital, this the Tenth day oj'Novemmer, 2021 Tracking Number 9675907926CU MEN= To authenticate this certificate,visit the following site,enter this, number, and (hen Ballow the instructions displayed. https.1/services.sutibiz.orly /Filings/(",ertilleateOfStatus,/CertificateAuthentication Page 482 of 896 CORPORATE BACKGROUND Insituform Technologies, LLC is a diversified, international corporation specializing in trenchless reconstruction of municipal and industrial pipelines of all types - sewer, storm drain, water, gas oil, chemical process, slurry and nuclear power pipelines. Application sizes range from under 6 -inches to 120 -inches in diameter. Based on size, experience, technology, capability and resources, INSITUFORM is the worldwide leader in full -spectrum piping reconstruction contracting. Insituform's expertise is based on over 50 years of experience spent in the manufacturing and installation/reconstruction of more than 30,000 miles (over 150,000,000 ft.) of pipe. Currently, INSITUFORM offers a full spectrum of trenchless rehabilitation products including Insituform's flagship gravity cured -in-place pipe (CIPP), iPlus Infusion°, iPlus Infusion° UV felt, iPlus° Composite, Tite Liner° HDPE systems for industrial/pressure pipelines and our InsituMain° and Thermopipe° Systems for sanitary sewer force mains, transmission and distribution mains, alongside our robotic service reinstatement technologies. The corporate history that encompasses today's worldwide Insituform Technologies, LLC organization derives from a host of resources, people, technology and experience merged from former licensees and affiliates of the original Insituform° pipe reconstruction process. INSITUFORM is a leader in quality management, becoming the first specialty piping corporation to receive ISO 9000 quality installation certification in 1995. As a vertically integrated company, we hold ISO 9000 certifications in materials manufacturing, resign impregnation/wetout, and field installation and control every step of the process, from start to finish. Insituform Technologies is one of the largest trenchless technology companies in the world, with annual revenues exceeding $1 Billion in 2018. PERSONNEL Insituform Technologies, LLC's worldwide organization consists of over 3,000 employees. Every specialty and function associated with an international, technology -driven business is incorporated. Outside of manufacturing operations, the predominance of INSITUFORM personnel engage in project crew duties for pipeline reconstruction. INSITUFORM maintains and staffs an extensive Research and Development facility engaged in new product and technical installation development. Experts are available to assist operations units in developing specialized solutions to particular client needs for underground piping system analysis and reconstruction. INSITUFORM maintains a centralized design team at the world headquarters in St. Louis, Missouri with responsibility for ensuring that service conditions are met by products in each application. When necessary, special industrial design considerations and constraints such as corrosion, abrasion, unusual loading, pressure, temperature, etc. are fully included in specific application designs. INSITUFORM has assigned technical market managers to specific segments who have intimate knowledge of process and facility operations and are able to provide advice and field technical assistance in special applications as may be required to meet critical or unusual client needs. By nature, field applications of pipeline service, assessment and reconstruction activities are highly regionalized. In the United States, INSITUFORM meets the needs of local municipal, industrial and military clients for responsive service by deploying personnel at strategic locations to minimize the cost and burden to clients of extensive mobilization. As an integrated company, sharing of expert personnel and specialized equipment between locations in response to client and project needs is part of normal operations. Page 483 of 896 QUALITY ASSURANCE A strategy goal of Insituform Technology is operational excellence. This goal of quality assurance is being achieved on two fronts. Best Practices Program: First, INSITUFORM has completed its long-term goal of merging all licensees throughout the United States and solidifying relationships with worldwide subsidiaries and affiliates. Achieving uniform high standards of quality across all operating units is essential to ensure long-term service to client needs. In doing so, INSITUFORM has developed comprehensive bench -marking studies to identify the "Best Practices' of the most efficient and best quality manufacturing and installation procedures for each product line and can therefore share these best practices with INSITUFORM's regional offices, subsidiaries, and licensees throughout the world. INSITUFORM believes that the only way to guarantee quality is to integrate product development, manufacturing and installation under a best practices program, coupled with ISO 9001 Quality Management Programs. ISO 9001 Quality Assurance Program: INSITUFORM's second long-term goal is to maintain ISO 9001 quality certification for its manufacturing facilities. This certification process was completed in 1995. ISO certification is not only consistent with the goal of achieving operational excellence for the municipal market, it is an essential requirement for the industrial market, where ISO certification has become an increasingly greater requirement for acceptance as a qualified supplier. Quality Assurance Inspection Program and Training: A pilot program for the detection and recording of internal non- conformance was established. Persons were selected and trained for conducting internal auditing, probably the most important aspect of ISO because it provides ongoing self-evaluation of the effectiveness of the quality system. Every member of the organization is familiar with, and fully committed to the company's "Quality Policy" and non-conformance identification program. Internal Audit Findings: Predetermined elements of the quality system are audited each month, and at year's end every ISO 9001 requirement will have been reviewed at least once. Findings are reported to the manager responsible for the appropriate department for resolution. Management Review and Client Review: At least twice a year, managers meet to review and assess the quality system as a whole. Quality objectives are evaluated and amended or increased as appropriate. Resource needs are identified, and action plans formulated. Once a project is completed, the client receives a Customer Survey form. This comprehensive form is INSITUFORM's report card which identifies project success, as well as areas where improvement is suggested. INSITUFORM The rehabilitation processes offered by Insituform were developed to provide a means of reconstructing existing pipe, conduit or passageways without extensive excavation. Some typical applications include: 1. Halting settlement by stopping the infiltration of soil and bedding material which often accompanies groundwater infiltration and can cause soil voids and shifting ground in gravity pipelines. 2. Eliminating infiltration of groundwater through joints, breaks and missing sections of gravity pipeline. 3. Increasing the capacity of existing pipelines by smoothing the interior surface and providing smooth transitions over joints and protrusions. 4. Reducing maintenance and increasing capacity by reducing deposits and eliminating root intrusions into gravity pipelines. 5. Protecting the pipe from attack by corrosive chemical effluent and vapors. 6. Eliminating the exfiltration of pollutants and chemicals into surrounding groundwater aquifers through joints and cracks in pipelines. 7. Strengthening the existing pipe by the installation of a tight fitting Insituform° CIPP within the old, thereby bridging joints, cracks and disconnected pipes into a single continuous conduit. 2 Page 484 of 896 Briefly, here are just a few of the benefits realized from the reconstruction of pipelines using the Insituform° cured -in-place pipe (CIPP) process: Virtually eliminates excavation problems - Depending on the type of pipe or passageway to be reconstructed (sewers, drains, or conduits), excavation can virtually be eliminated. Existing access (sewer manholes) is usually sufficient. Side connections can generally be 'reinstated' by cutting out from within. Bends can be negotiated. Restores full size capacity, reduces maintenance - These tight -fitting pipes are continuous over pipe joints, openings and faults, and the capacity is nearly always increased. The smoothness also reduces deposits because there are no places for deposits to form, thereby reducing maintenance. Builds corrosion -resistant pipe, resists chemical attack - In the case of the Insituform process, various thermosetting resins can be selected to resist the corrosive effects of the effluent. Builds a continuous pipe - (a new pipe within the old) - Insituform° CIPP bridges breaks and missing sections of pipe eliminating infiltration, exfiltration or loss of product in pressure pipes. Insituform fits tightly and bridges disconnected pipes into a single continuous pipe. Reconstructs unusually shaped pipes without loss of capacity - Elliptical, egg-shaped, flat bottom horseshoe or rectangular conduits can be reinstated to their existing shape by the tight fitting Insituform process. Accomplishes these things in sizes from 6- to 120 -inches in diameter — Insituform° CIPP has been constructed in these sizes and may be applicable to those beyond. Solves difficult lobs - In addition to negotiating bends, it is possible to reconstruct remote sections inaccessible to wheeled vehicles (e.g. inside building) with the Insituform process. In addition to being installed without excavation, Insituform° CIPP has been installed where access to only one end is feasible (vertical wells). Also, it is possible to reconstruct pipelines with reducers or only a portion of a pipeline. Solves stringent time restraints - Preparation time is reduced by eliminating street openings and risk of damage to other utilities. Insituform° CIPP can generally be installed and completed in less on-the-job time than traditional open cut construction methods. Offers more convenience to commerce and public - Little inconvenience is caused to the public, commercial business or existing utility operations because excavations are generally eliminated. Little work space is needed for installation. This alone means fewer restrictions on access to property and shops and greater assurance of safety. Longevity - For normal applications, such as gravity sewers, the service life of Insituform° CIPP can be expected to approach fifty years. Service life of Insituform° CIPP is a function of the temperature, pressure, velocity, and chemical and abrasive properties of the materials being carried. Custom -Engineered — Insituform° tubes are custom -engineered to optimize total life performance using time -proven formulas. These take into account requirements for diameter, length, condition of pipe, flow rates, temperature, pressure and corrosiveness of the materials being carried. INSITUFORM, STANDARD INSTALLATION PROCESS The standard Insituform° process has been used throughout the world for the rehabilitation of over 30,000 miles, of pipe ranging in size from 6" to 120". The process uses a resin -impregnated, flexible felt tube which is installed into and through an existing pipe using water or air pressure. While the liner is held tightly against the host pipe, hot water, steam or Ultra -violet (UV) light is utilized to cure the thermosetting, or light -cured resin. The flexible resin tube can accommodate various pipe shapes — round, square, rectangular, oval or arched. The Insituform° tube can negotiate bends, elbows, missing sections, offset joints, misalignment and steep slopes. Standard applications include process and sanitary sewer, storm drains, process lines, slurry lines, force mains and siphons. Resin systems used include polyester, vinyl ester and epoxy, designed to meet service requirements. Installation lengths typically range from 250 feet to over 2,500 feet, depending on pipe size and condition. Service laterals are re -opened internally using robotic cutters. 3 Page 485 of 896 Stronger. Safer. Infrastructure.' ( 016 If IsituftwM Insituform Technologies, LLC 17988 Edison Avenue Chesterfield, MO 63005 Tel: 1-800-234-2992 Fax: 636-530-8701 www.insituform.com As the largest CIPP contractor in the world, Insituform Technologies, LLC has over 150,000,000 LF of CIPP installations. The table below contains data from 1/2015-4/2021 for our top 10 customers which is inclusive of work only for public agencies and focuses solely on contracts with a dollar value over $800,000.00. As you will see, even with these specific parameters the table below contains proof of over 1,000,000 LF of CIPP installations which is a fraction of the company total in the State of Florida. Rom ✓4.IIs; IILG:; fSVID W YXW..A: 05 01 205 5 (:CSN -:211 ..::('Y21 GI (h), ..,. 1.k 2, i2R1 i j2A I fl A 31D Fk�.d:�tl� ^V 604b .21,2...,... r9t,,.3 72 0 92,02 97,508 U a 2,4148 2,414M 265 a 14,5 12 "1 TJ 1 5"a 10 utM ti.W tl��p�� f::d�gan _.262... w..d'._.. k 2b,2_.._. 326 _.,. a, 1 1 fi�1dM_.. ,a,t:p<��1_..,_. _.. _. ... 8'.m' 1: C.0 74 7 7..1.7... 0 ,�'1 � 1.1k I b »�:i~G:.i� •�I "rv.'1 kx:?:fi, 1,560 0 2,66s'... 4,227 r52 ti.W ti.M AGv.h, BW Page 486 of 896 NSI ........... FLYFORIWCld� ........ ........................ ................ Affordable, reliable and non -disruptive Solutions for Sewer pipe reconstruction Our TirendhLess SoLution The |nsitufnrm' nurod-in-pl.ama pipe |C|PP) isainintl.ess. soamess, pipe within -a-pipe used to rohabiUtato sanitary sewers, stnnnsewers and force mains. Kinffifirafion reductiion.Water entering your sewer systemthrough nnanks, hnl.esand inintfaiiuros can overbad ynurtroatmont fadUtios, ospodailyduring wet weather. |nsitufnrm01 C|PP significantly reduces this infibnatinn. |n drydimatos. roots find the sewer systemanattractive source nfwater and nutrients and create binckagosand overflows. |nsitufnrm01 C|PP contains your fimwwithinthe pipe whil.ekeeping external. water and roots out. Structural[ inte hty. |nsituforrn'C|PP restores structural. integrity tnyour damagodsewer pipes. The design mndol.sused, independent test rosuks and over 45years of service aKonnfirm that |nsitufnrmmC|PP isastructural. product with a 100year design I.ife. Kincireased Rowsm�aciity.. |nsitufnrm' C|PP provides the [east cross sectional. reduction nfaK methods used to rohabiUtato pipes. There aro nninints nrsoamsthat can separate overtimo and the smnnth.inintl.ess interior provides oxzoientabrasion Affmirdalbiil[iity.Tho |nsitufnnn01C|PP process is usuaily I.ess expensive than onnvontinnai dig and ropl.ano methods of sewer repair. When the bstbusiness revenues, traffic congestion and social. costs associated with other mothndsare considered, your savings are immoasunabio. KinstaRafloin RexiiIbiiUty. |nsitufnrm'C|PPcan be instaied using either air or water imersinn, or by puKing into place. The cure can bodone with stoamnrhot water. AH. processes are consistent with natinnailyroongnizod standards and |nsitufnrm'smwn |5O -certified quaU4/control. pmgnam.Since each job isunique, weapply the most cost effective, tonhninailynptimaisniutinn to mootynur � PFA � ��������� ��0 ������������ � (VInsituform' Stmminge�Safer. Unfirastmm«tume.~ Page 487 of 896 |NS|7-| |FORM~ C|PP Unsitufoiriml MP P is the lbest dholce for firendhLess relhabUtation. finsiitufonm sulpeiriioirlpirocesses Since inventing C|PP over 45years ago, |nsitufnnn has devebpod the highest quaU4/manufanturing and instail.atinnsys erns in the tronnhl.ess industry. 4savortinailyintegrated onmpanKwetake respnnsibiU4/for research and deveinpmont, manufanturing, instail.atinnand service. Oursysomsare designed tnproduce consistency and high podnrmanno in our products and services. Mainufactuiriiing |nsitufnrm's patented manufacturing napabiUtiosaro certified tnthe |5O9OO1:2O15standard, ensuring that our tubes are onnstruntodfnrnptimaibng-torm performance. During the manufacturing pmcoss, each tube goes through 25 separate quaU4/nhonks. |nsitufnrm'sresin imprognatinnprocess ensures that |nsitufnnn01 DRP achieves the required strength and onabbswet out nfmany I.engths, diametersand thicknesses. |nsitufnrm'swet out fadUtiosutiUzoonvimnmontaily friendly mothndsand equipment. in fact, |nsitufnrm has been recognized bythe United States' EnvimnmontaiProtection Agency for efforts tnprotect the onvimnmontatits various wet out fadUtios. finstaRafloin Every insituforrn instalIation is cornpl.eted using our own safety certified crewswho fnibwstrict safety procedures and dncumontod work practices. Each crew isequipped with highly spodaUzod oquipmont, backup resources and engineering support. |nsitufnrm'sadvanmad instail.atinn mothndsindudoair invert steam nuro, which reduces water usage on ainb site by appmximatoly95Y6and energy usage by75Y6. Transportation SoLutions |nsitufnrmoffers affnrdabl.e.tronnhl.esssnl.utinnstnrenew and extend the Ufo of underground stnnnwatercontrol. and drainage strunturos.4 I.argo numbornfculverts running under the nation's roadways are approaching or have oxnoodod their expected design Ufo.4culvert nrstnrm sewer pipe nnil.apso can have catastrophic effects on the treveUng pubUn. your budget and your nrodibiU4/ |nsitufnrm can hoipynu avoid the direct costs and the social. costs nfafaiiurobyproactively renewing your underground assets. Stelp 1: Aresin-samrated.coated felt mbe isinverted kho=n)orpuiedinto adamagedpipe. mm Hot water orsteam is used to cure the resin and form atight-fiuing. joindessand corrosion -resistant replacement pipe. Em Service laterals are restored internally with mbodcailycontmiled cuuing devices and the rehabilitated pipe is inspected byciosed-circuitTV. TheUnsltufoiriml�l MP P TedhinlcaL EinveLope 'rhe UmeitufommwCWPTechmcWEnMope oamnte,mmgn 4m -/24m~ pH range 0.5-- 10.5 Effluent temperature Lip m1wrF npnovnduom—fu|lydetnnvrated vna npnovndiuvn—partiallydntenvxatm] vna Bends vna OVantjvinta vna oiamntn,ohangna vna.wimvut manhv|eaoonaa rhioxneaaohangna vna.wimvut manhv|eaoonaa Typioa|shot |engm 000u - /000u Host pipe shape AH shapes ns lable refers wgeneral purpose municipal sewer CIPPpropects. Insiluf=can provide products/hal extend beyond these parameters through our enymeermy group. Please conlactyour local representalive al 800.231.2n2 for assislance with applicallons exlending beyond this lechnicalenvelope. � A ������� �����m� Stronger Safer. nmxastmm�uire.^ For transportation projects, partinul.adynulverts. |nsitufnrm uses nnsuwfommTechmmnmeves, ILILC instail.atinn mothndsthat minimize the use nfwater and maximize 179mmlEdosmnAvenue rosin nnntainmont, thus protecting dmwnstroamwaters fmm St. Lmwvs`MO 63005 contamination. 800.234.2992 wwv^msuwwmrm,cmm (6, Insituform- Page 488Of896 ..... �-5 70Z O a--; 217 F— E u O D W -O i DC W QQ� U-) +' N ED Lu O 0 N m W Z /� 0,QH^"r', �' j /�//j 1 N 0 n tagy A' U 110 LL /%% N 'i j�G// ii-J/ J / t r /// of i%i �/% �fj •— %� /i /� ' / r �%i / // LL malt LL LL W LLI r /f/�G,' r / r /rtr W O � LL V W cn �, cn 0 C2 7) W — — Z C: W Z v 0G O W a = V 4 H H o 0 � W H 0 � 0 MNI Insitutorm Technologies, LLC PIAA 179818 Edison Avenue Chesteirfield, MO 6300151 M A E G 10 N' 6011 insituform- TeL 636-530-8000 Fax: 6316-530-8,701 Stronger. Safer, Infrastructure.' wwwinsituform,00m January 21, 2021 To Whom It May Concern: Please be advised that Insitufarm Technologies, LLC is a verticafly integrated pipeline rehabilitation company. As such, Insituform is not airily the manufacturer of the cured -i place pipeline rehabilitation system of the same name, but also offers thie benefits, of a comprehensive! engineering department, with engineers on staff for design of CIPP products to suit each specific situation. Regionila;l cointractinig offices perform all field services inclIuding Installation and have been doing so since 1971 I This 11'etter shall serve to certify that Insituform Technologies, LLC is, authorized to instal Insituform products supplied by Insituform Technologies, LLC. 922M INSITUFOiRM TEC)ktOGIES, LLC Abui U Abraham Page 490 of 896 A AEGION; Stronger, Safer, Infrastructure." January 21, 2021 To Whom it, May Concern-, Insituform Technologies, LLC 1799,9 Edison Alveme Chesterfleid, MO 63005 Tek 636.530.8000 Fax: 636,530.8744 www,iinisftuform.com This letter certifies that IN'SITUFORM tubes are manufactured in Batesville, Mississippi, USA, by Insituform Technologies, LLC and meet all rel�evant specifications for a cured -in-place! pipe producti. I ASTM D 5813, ASTM F 1216, and ASTM F 1743, linsituform tubes have been manufactured in the USA since 1981 - All standard (inverted) tubes are run through a dye bath prior to shipment to ensure there are no leaks. Following the inspection process all tubes (except lnsituMai:n, which are used in water lines) are printed w4h yard marks. All tubes with tapers, transitions, or any change in tube diameter or thickness are produced under the same specifications, with the same materials, and meet the same material testing requirements as the standard tube. The quality system used by Insituform Technologies, LLC is ISO 9001: 2015 certified. The end use of the InS!tLJform tube is to rehabilitate pipes to extend the life of the existing pipe and/or prevent a replacement of the existing pipe, Sincerely, It SITILIFORM TECHNOLOGIES, LLC Abu Abu Abraham 10 Abu Abraham Director, Engineering Page 491 of 896 CERTIFICATE OF REGISTRATION This is to certify that Headquarters 17999 Edison Avenue, Chesterfield, Missouri, 630015, USA 1 � 1 11171111 Quality Management System Whilch comiplies with the requirements of ISO 90011 :2015 Design, development, manufacturing and installation of products for the rehabilitation of pipelines using trenc:hi;less technology. Certification of installation services is non- transferrable and applies only when performed directly by Insituform Technologies, LLC. r , �,ertifjcate N�o.: CERT -0133635 File No.1650845 Issue Date'. March 17, 2020 &aAAAo O*Ck, Heather Mahoin Global Head of Technical Services SAI Global Assuratce Registmd by] QW$AiCanacia United (SAI GPObM), 20 clfts'mcrjurl, Suite 2ryj, cronlo, o.,iq MWO 7K6 Canadm ,This registrwon r subjedlo ne SAI Global un ANU2 Od- rwn and,5�!�i w,,s ex orised In �-rym , . r Krid Oordtions for��,Mifl�,Ike q t tmn d, SAIG0.hal a -.M—, m,,ponFhAKV orly Yof (Hr yen ngligeme. Is t.edfimte he prijpxxty of SAI WaW aml rusl w fuluniGij jtr (tjpjriup",a, , I T� - ly thmi this �Fllk2le is curjrIE, PIL.10 isfrn In the $A)l GlobM On,Une CafflkLalkm RinpON� a'o r,, - NP -9 (Narvus6l _ard Tlffll,4��onffadiftakgaje t ki grj� SAII GLOBAL Page 492 of 896 INNOVATIVE METHODS OF TESTING the long-term structural) behavior of Cored- ln-Place Pipe (CIPP) demonstrates that the insituform product design life exceeds 50 years and that ASTM F-1216 design recommendations for physical properties are conservative for the insituform product, The research was conducted by the Trenchless Technology Center (TTC) at Louisiana Tech Unlversity and funded by the U.S, Army Corps of Engineers. The purpose was to provide, for the first time, an independent assessment of manufacturer's claims regarding long-term buckling behavior of their pipeline rehabilitation products. ..research conducted by the RenchIcss Welchnology Center atLoutsiana 'tuch University confirms Insituform's, 50 -year deslegn life. The expected design life and long-term behavior of trenchless pipeline rehabilitation products Is important to owners and engineers in evaluating the various systems available in the marketplace, especially since none of these systems have: been in actual service for the design lives claimed. This becomes even More critical considering the recent growth of the trencMess pipeline rehabilitation industry and that many products have less than five years of experience. Product tested: Cured -In -'dace Pipe Insituform" Process Test: Design Life Conducted by: Trerichless, Technology Center at Louisiana Tech University; funded by US. Army Corps of Engineers Report hate: August 1994 The research included both experimental and analytical Studies related to the application of CIPP and Fold -and -Formed Pipe (FFP) technologies in partially deteriorated, gravity pipeline applications where bonding (lid not exist between the plastic pipe and the host pipe. Five manufacturers participated in the lest program. Seven different products, including six CIPP products and one FFP product, were evaluated in approximately 200 tests, insituform products that were tested inducted Insituform'i Standard, which is, a widely used polyester resin lnsltupipe�, material, and InSiti.110rnl"' Fnhanced, which contains an additive to the polyester rosin to increase the flexural properties of the finished InSiNform product. The plastic pipes were encased in steel pipes, with hydrostatic pressure applied between the two pipes. To measure long-terin performance, each test remained Linder constant pressures for Lip to 10,000 hours or until failure, whichever occurred first. The test results were plotted and extrapolated beyond the test period to estimate behavior up to 50 years. Standardlzed material i tests (flexure, tensile and pipe stitiness tests) were also conducted to Gharactorizo the fundamental properties of the product matedals. Page 493 of 896 PUTTING CLAIMS TO THE TEST Overview of Test Svsten2 and Rraoqlate—s The installation of all Products used in the test was performed by the manufacturers on the Louisiana Tech University campus under dose monitoring by TTC personnel. Forty specimens each of Insituform - Standard and I HSi 1UF w m Enhanced were tested. Figure 1 Each test specimen was installed to fit snL]giy inside a 1.83 m (6 ft.) long, 305 rnm (12 in,,) internal diameter, schedule 40 steel casing pipe, Fach casing pipe was fitted with short. bolted pipe segments (clamshells) at each And (0,Pe FinllfP 1) Preparing the specimens for testing involved frim - ming the ends flush with the clamshells, removing the darnshells, and cleaning the ends of the speci- inens. This resulted in life plastic pipe extending beyond the ends of the steel casing pilpes. The specirriens, were then fitted with end seals applied externally, span- ning the casing pipe and plastic pipe, (See Figure 2), flip end seals contained the water at the nrP,zf-rjhPd pressure which was Figure 2 Table 1 Material Characterization. Tests (Short-term) supplied between the plastic and casing pipes from a pressurized water distribotion system. At least three specimens of each product were used for short-term buckling tests to determine the upper pressure limit for the long-term tests. A regulator was used to raise the pressure on the specimen, and the rate of load application was kept constant until failure occurred. For the long-term tests, each specimen was pressurized ata controlled rate of 10 psi/minute (69 kPaftnirlute) until a selected pressure was reached. A minimum Of fine Pl`eSSLJF8 IMIS were selected for each product to cause the Specimens to fad at various times over a 10,000 -hour test period. Specimens were monitored at least once a day for evidence of buckling. Failures that occurred during normal work hours were monitored manually, After norinal Work hours, failures were detected electronically, Material Characterization Pests Numerous tests, including flexural modulus, flexural Strength and tensile strength, were conducted on each product according to ASTM standards. On each of those tests, the results lound that both Insitutorm products far surpassed the design values. (See Table I). PHYSICAL INSITUFORM ASTM MANUFACTURER'S TTC TEST PROPERTY PRODUCT TEST DESIGN VALUE RESULTS METHOD tW jmpat psi (Wa) Flexural Modulus Standard D790 300,000 448,630 (2070) (3090) Enhanced 0'790 400,000 538,620 (2760) (3710) Flexural Strength Standard D790 4,500 9,310 (31) (6,4) Enhanced D790 4,000 8,400 (28) (58) dram TTC Technicof Repoir Y930,, Page 494 of 896 SHORT-TERM TEST RESULTS Short-term buckling tests demonstrate that Insituform design is conservative in terms of both the enhancement factor, K, and the predicted buckling pressures using the following ASTM F-1216 design model: 2KEL 1 C where, P = Buckling pressure, psi (MPa) K = Enhancement factor E, = Long-term (time -corrected) modulus of elasticity, psi (MPa) = Poisson's ratio lJR= Dimension ratio (outside diameter divided by thickness) C Ovality factor =1 (for test program) N Safety factor =1 (for analysis of test data) The enhancement factor, K, is a measure of the restraining action of the host pipe that encases the Insituform product and greatly increases the allowable external buckling pressure. A conservative enhancement factor of 7 is typically recorrinienided for design, The tests measured the average enhancement factor, K, of ilia Insituform Standard at 9.8 and the Insituform Enhanced product at 10.5. CREEP FACTOR Creep factor reflects the reduction in buckling resistance of a plastic pipe over time, typically 50 years. The creep factor, Ct., is the ratio of Experimental Et,to the measured flexural moc ulus reported in Table 1 and represents the retention of buckling resistance at 50 years (i -e-, FIL . CL F), A value of C,. greater than the manufacturer's recommended value is desirable. As shown in Table 2, the reported creep factor confirms the conservative nature of the 50% creep reduction tactor applied to flexural modulus in the Insituform product design, TaTle 2 Creep Factor TTO Mantifactuter's Creep Recanimended factor, at Design Value Insituform Standard 0.58 (42% reducfion) 0,50 (50% reduction) Insituform Enhanced 0.73 (27% reduction) 0,50 (50% reduction) 1'rom'M flahnicat papofO#302,MID 4.0 LONG -TEAM TEST RESULTS Regression analysis was used to extrapolate long-term buckling pressures beyond the 10,000 -hour test period to 50 years, (See Figure 3, next page). Ffoxvml Modulos Test results supported the flexural modulus reduced to account for long-term effects, EL, used in the insiluform product design, by coniparing it to the experimentally derived apparent rang -term flexural modulus for a 50 -year design life. The tested value greatly exceeded the conservative value used in the, Insituform product design, (See Table 3). Table 3 Flexural Modulus (Long-term) ITC Experimentai El Manufacturer's psi (Moa) RecommPtidej] Design EL psi (tuna) 4isituforrn Standard 259,9190 150,000 (1790) (10301) Insituform Enhanced From "C Teonical Report 4302. labl- 4-8 393,965 200,000 (2720) (1380) Page 495 of 896 LONG-TERM BUCKLING BEHAVIOR It is important that the design procedures used for a rehabilitation product accurately predict the long-term structural behavior of the product, The TTC data analysis compared the long-term buckling test data to that predicted by Equation 1. This comparison indicated that Equation 1 GOnser- vatively predicts long-term hydrostatic buckling behavior of both Insituform products, Regression 1losvlls PICS1 50Y Uj LU ; I) YFARS'-4-1 o,os 0:1n too 1O.D.0 loo1w 100000 IMM KoDooko 10ONYAW TIME TO FAILURE, t Lhour) Frow TTC Tedinkal Repodi?SO2, TWO 4.5 Figure 3, Long-ieTm Test and Regression Remits for Insilutorm Fnhanced Produ.s1. AB1248 7101 0, 2001 9nslluloan Techndoqles, rnc. 50 - PLUS YEARS DESIGN LIFE One of the primary goals of the TTC test program was to evaluate the design lives of various reha- bilitation products. This was accomplished by comparing the 50 -year extrapolated test pressure to the design 50 -year buckfng pressure calculated using Equation 1 with manufacturer's recommended design values for [,.. An hisituform design life in excess of 50 years was confirmed. WITHSTANDING THE TESTS OF TIME The Most rigorous, innovative and independent tests ever conducted on pipeline rehabilitation products clearly demonstrates that service life beyond 50 years can be expected with properly designed and installed Insituform products, A copy of "Long -Terra Structural Behavior of Pipeflne Rehabilitation Systems" (TTC Technical Report #302) may be obtained by writing: Tranchless Technology Center Louisiana Tech University P.O,Box 10348 Ruston, Louisiana 71272 or by calling (318) 257-4072. Insituform Technologie�,' Jac. Worldwide Rpolifle RehabI11011017 702 Spirlt 40 Park Drive Chesterfteld, PAC16'3005 Toll Free: 80C-234-2992 Phone: 636-530-8000 Fm 636-519.8010 Page 496 of 896 -1-1 .nesearch demonstrates pi @ that the Insil'111orlyl, proeess mereases flaw capacAy in gravayflow sewers. SUMMARY OF RESULTS Tile Manning Rmighness Coefficient ("n"') of uncleaned, in-service InsituformO pipe was found to be 33% better than uncleaned, hrservlce pipes of traditional materials, Insituform ("n") = 0,010 (average) Clay/Concrete ("n") = 0,015 (average) In-service Insituform with, a light cleaning had an "V' Value of 0.009, supporting InSiftlform design: Test results do not support the general concept that all sanitary sewers (regardless of pipe material) tend to have similar roughness because of the growth of biological slime on the pipes, Pipe with i0filtralion and olfsel Joints. The smooth confinuous Insituform pipe helps prevent the accumula- tion of sediment. Product tested,. InsituformIt, Process Test: Flow Capacity Conducted by: Sverdrup Corporation and Southeast Environmental Services, Inc, Report date: July 1990 BENEFITS OF INSITUFORIVI FLOW ENHANCEMENT The results of this flow study demonstrate that the Insituform process can be a solution and attire same time may reduce routine maintenance costs, Since the Insituform pipe conforms tightly to the wall of the underlying pipe, there is only a marginal reduction in diameter. The associated small loss In flow area is more than compensated for by the significant decrease in pipe roughness, or flow enhancement, demonstrated by this study. This flow enhancement of tile existing sewer is the result Of: 1) the relatively smooth Inner surface of the inSItMorni pipe which reduces roughness and increases velocity; 2) the continuous nature of the Insituform pope instafiakn which provides gradual transitions at offset joints and other Irregularities in file underlying plpe as well as prevents roots and sediment frorn entering the pipe', and„ 3) the instal- lation of a tight -fitting, joinfless, Pipe iopaired with the lnsilufornlrd" process, Page 497 of 896 Insituform pipe which reduces infiltration into the sewer system providing more pipe capacity for sanitary V4,9SteWatOL Pipe iopaired with the lnsilufornlrd" process, Page 497 of 896 INTRODUCTION In an effort to define the flow characteristics of sanitary sewer segments rehabilitated with instuform under normal in-service conditions, Insituform of North America, Inc., now Insituform Technologies, Inc,, contracted with Sverdrup Corporation and Southeast Environmental Service, lnc, (SESI), now part of ADS Environmental, to conduct a flow Study in the St, Louis metropolitan area that was completed in July 1990. The study was designed to evaluate the Manning Roughness, Coefficient ("n") of Insituform pipe relative to traditional pipe materials in uncleaned, In-service sewer& Sverdrup Corporation is an international engi- neering and architectural consulting firm with over 60 years of engineering experience. Project experience relative to this study has included flow analysis, sewer system design (new construction and rehabilitation), wastewater and water treatment plant design and operations assistance. SESI (ADS) is the nation's, leading sewer systern flow monitoring company, With more than 1000 flow monitoring/sewer system evaluation projects to their credit, they are the recognized experts in most aspects of sewer system flow monitoring. PROCEDURE The flow study involved three distinct phases: 1) Identification and selection of appropriate test segments; 2) Collection of flow measurement data; and, 3) Analysis of results. Selection of Test Spgme—ats Test segments were selected based on the following generai criteria: I) pipes carrying domestic sewage with slime growth and solids deposits typical of in-service, sewers'; 2) no service connections; 3) no major sources of infiltration and inflow; 4) circular cross-sections, 5) typical pipe grades; and, 6) significant flow depths, Thirty-one potential candidates were selected for field survey/evalua- tion and closed-circuit television inspection. Based on the findings, seven Insituform pipes, three concrete pipes and one clay pipe candidate ranging from 14 to 54 inches in diameter were chosen for flow monitoring. Th.e hisitutorm pipes were within deteriorated host pipes which contained offset and/or separated joints, The host pipes were in poor structural condition when they were rehabilitated using the Insituform process. Data Q11ection The dye dilution technique was used to measure flow in ttie 11 test segments. This is an accurate and reliable method of flow measurement that does not require an initial assumption of pipe roughness as with most traditional flow monitoring equipment, ALal ysis ofL�i "It - Segment flow rates were determined as follows; 0 � Eli X GI/Cd (1) where, 0 = in sewer flowrate Cli = dye injection rate (upstream) C, = concentration of dye feed solution (upstream) 0,1 = concentration of dye in a sample, collected from clown -stream manhole I � "The sI me grovAll in I normal gravity sewer tends to build rather quickly, wilinn the R,91 several monIhs, Therefore, the in-service Manning roughness CoelfiCienis of TIMM IW1010rrn pipes are comparable to that of much Oder plpeboe materials" (from the Sewer Segment flow M,oifitoring Study to Establish In-SerVice Manning Roughness CoefflcRmts prepared by Sverdrup Cotporalkon and SESI, 1995). Page 498 of 896 The Manning equation was then used to calculate the Manning Roughness Coefficient, "n", at file average measured segment flow depth as follows: n = AR/,, SVI (2) 0 where, Q = fiowrate in sewer (cfs) frorn equation 1 A = flow area (ft2) calculated from average measured segment flow depth R = hydraulic radius of flow (ft) = Alf' P = Wetted perimeter (ft) calculated from average measured segment flow depth S = hydraulic slope, (ft/ft) In comparing the results, each coefficlent was adjusted to reflect the estimated value q that pipe segment was in fact flowing lull, This was accom- plished by using the relationship developed by Camp' of the normahzed distribution of Manning's iln" versus relative depth in a circular section (see figure 1). 0 1,0,8 0,13 0.6 d/D 0A 02 n/n,/, 0.9 1.0 1.1 12 1.0 11 1,2 U 1.4 n/n(w RESULTS & CONCLUSIONS 1, based on the results of this study, the Manning Roughness Coefficient ("n") of undeafled, in-service Insituform pipe was found to be 33% better than that for uncleaned, in-service pipes of traditional materials. The uncleaned, in-service Insituform pipes had an average "n" of 0,010, Uncleaned in-service clay and concrete pipe had an average "n" of 0,015. 2, The relative difference between the "n" values of Insituform pipe and clay or concrete pipe would most likely increase it the condition of the original pipelines had been equal, The clay and concrete pipe test segments had some, root intrusion, but no real structural damage. The Insituform host pipe segments had been rehabilitated for the purpose of extending the service life. The existing pipes, were it7 poor condition as evidenced by offset joints and considerable distortion of the cross-sectional area. 3Test results do not support the general concept that all sanitary sewers (regardless of pipe mate rlal) tend to have similar roughness because of the growth of biological slime on the pipe walls. The resulting 33% improvement in the "n" value of uncleaned, in-service Insituform pipe over that of clay and concrete pipe demonstrates a significant difference in wall rOLIghnOSS comparing ,pipe Materials Where biological slime had accumulated. This is further substantiated by comparing flow study results of adjacent pipe segments of the same concrete sewer where the section without Insituform had an "n" of 0,015 and that with Insituform had an "n" of 1,010, 2, Streeter; V.L,, and Wylie, FB,, "'Fluid Nlech3nics." 7N EC McGraw-Hill, loo, New Yorh, NX, 201 (1979), Page 499 of 896 4. Test results substantiate InSitUf0rM design values, in-service insituform pipe with a light cleaning had an "n" value of 0.009 as stated is the Insituform Engineering Design Guide. Cleaning of concrete pipe yielded an average "ri " of 0.014. 5, The smooth, continuous InSitUfOrn] Pipe prevents the aCCLIMUlatiOn of debris, Only one of the Insituform pipe segments was judged to need cleaning and this was due to a low slope of 0.04% which promotes the settlement of solids. Insituform pipe has no joints and provides smooth transitions at irregularities in the original pipe. This results in a smooth interior which prevents the 6coun7ulation of sediment and debris and reduces the need for routine cleaning, FLOW COMPARISONS Expected increase n -f full 'low capacity after Insituform installation": Insituform pipe "n" Insituform Pipe 0imension Ratio (D/t) OR 30 DA 40 DR 50 09 60 0,010 125% 131% 13411% 137% 3, based on an "o" vilue of 0.015 for existing Clay or Coliereto pppfl. E*Sliag pipe fioW UqWdIS 100%. Insitufarm Techndogie' Inc. Worldivide Pipeline Rehabilitation 702 Spirit 40 Park Drive Chesterfield, MO 63005 -loll Free800-234-2992 AR1251 Phone: 314-530-8000 11/97 ®r 199Y Insitulorm Technologies, Inc. Fax: 314-519-8010 Page 500 of 896 I- — Tests cond" ucted at Utah State Universiky show that the lnsltuform� process restores strue-tural ]mLeglity to deteriorated undergi-ound pipe. TESTS SUPPORT INSITUFORM" DESIGN CHARACTERISTICS AND CAPABILITIES- - The InSffiffOrrn process provides a new Structural pipe in the reconstruction of buried, deteriorated pipe, - The Insituform design provides substantial safety, factors in unknown underground pipeline environments. Buckling: Design Depth (safety factor of 2) 30,0' Maximum Load (no buckling) 72.7' Adflionai Safety Factor 2.4' Deflection: Design Depth (5% deflection) 16.6' 5% deflection of Insituform pipe 42,4' Safety Factor 2.5' 10.204 Deflection 5% Deflection Unrepaired Pipe lnskformO Repaired Pipe These photographs q7okv bolh pipes when Ploy wera subjertod to an equivalone &081 depth of 42 feel (5040 psf). Hfl�� tl . . . . . . . . . . ....... Test: Soil Gel) Test Structural Integrity Conducted by: Utah State University Report date: July 1988 in July 1988, a test was conducted at Utah State University to determine the amount of structural support the insitutorm process can provide to a failing rigid pipe. Dr. Reynold K, Watkins The test was designed to evaluate a condition where the existing pipe has structurally failed and all loads are transferred to the inSituform pipe, Supervising the test were Dr. Reynold K. Watkins and Dr. Owen K. Shupe, professors of engineering at Utah State University. The University's Burled Structures Laboratory in Logan, Utah was the test site, PROCEDURE Two parallel sections of 30 -inch diameter pipe were piacad in the soil cell as shown in the diagrams below, The pipe sections were 20 feet long. Fach section had been broken prior to burial, and one had been repaired after burial using the Insituform process, The two sections were separated by a spacing of 7,5 feet center to center. Soil cover over both pipe sections Was three feet. Bedding was a level plane of compacted soil, The pipe zone backfill soil was silly sand placed in 12 -inch layers, Vertical soll load was applied by 50 hydraulic cylinders attached to ten reaction beams. Vertical and h0riliOntal diameters of both test sections were measured after each increment of load. �-- - -- 22, ------------ �-jj A A- InsilutoWORepalred Pipe B - unrepairW Pipe S- Access Pipe T - Iransit'rin Mpe Figure 1. Plan view of the sdl ccfl with test riopes 41 place. FigUre 2. Cross seciton of the Utah State University soil cell shows locatioP of the pipe sections in the lns4tgorm test, Page 501 of 896 Pjntographs show both tempipes after they were subjected fo an equivalenit 72,7 feel of soil cover (8724 psi). The unr8paited pipe (top) was unsetvirv- able. The Insituform pipe (boltorn) exhibited' stitch Yeas doftection and was still sciviceable. DESIGN REVIEW The Insituform pipe was designed with a safety factor of two to withstand ashort-term, soil loading of 30 feet (3600 psf) in buckling. An upper load equivalent to 72.7 feet of soil depth (8724 psf) was obtained without any evldenco of buckling in the lrisituforrn section. Therefore, it was determined that the Insituform process provided an additional safety factor of 2.4 against 'suckling, above and beyond the short-term design which already included a safety factor of two Futtherniore, It is expected that higher soil loadings could have been achieved before buckling occurred, resulting in an even greater safety factor. For flexible pipe, the generally accepted design deflection is 5%. With actual deflections in excess of 10% there was no buckling failure observed in the Insituform pipes. For this test, the pipe was designed to withstand a soli load of 16.8 feel at a 5% short-term deflection. The Insituform pipe reached 5% deflection at an equivalent soil load of 424 feat, indicating an additional safety factor of 2.5. The Insituform pipe did not begin to deflect until the soil pressure reached an eciAMent 24,2 feet of sod depth (2908 psf)) while the unrepaired pipe began deflecting at an ectulvalont soil depth of 18.2 fuel (2181 psf), Dr, Watkins attributes this to a mechanical locking between the lnsituform pipe and the concrete pipe, When the Insituform tube is installed, extra resin irilgratos info cracks, crevices and the surface of the broken pipe. PUding the "curing" process„ the resin becks the pieces of the, broken pipe together and resists defiection. This mechanical loch remains Intact AB1250 10/01 Oc 1997 h0dfurw Te0nrjlagrces. Inc. until increasing pressure breaks it, In this test, the soil pressure reached nearly 3000 psf before breaking occurred. This iniffloates that in most ,cases further deflection will not occur. The degree of mechanical looking mhy vary considerably based on the structural condition of the existing pipe. Therefore, mechartical, locking is not considered in the lnsitufori-n design but is noted as providing an additional safety factor. It can also be noted that even under the maximum 72.7 feet of soil depth (8724 psf), neither of the test pipes collapsed completely, flus was due to the support of the side fill soil. However, in a real situation, the severe cracking observed in the unrepaired pipe could result in an in -migration of soil. In time, voids would develop around the pipe, allowing it to collapse. Because the Insituform pipe is loinfless, infiltration and voids do not occur. Thus, important side fill support remains Intact, adding Many years Of useful life to the fragmented concrete pipe. These soil loading tests indicate that the hisituform process provides a flow structural pipe when installed in buried, broken pipe. The test results also support the conservative nature of the hisituform design equations by providing SUbstantlai safety factors in highly variable underground pipeline environments, Insituform Rchnologia's,'Inc. Worldwide HpMhe Reliabililallon 702 Spirit 40 Park Dflvo Chesterfield, MO 63005 full Free- 800-234.2992 Phone; 636-530-8000 Fax: 636-519-8010 Page 502 of 896 (6) January 28, 2020 Insituform Technologies, LLC RE: Documentation — OSHA 5 -Year Citations Explanation November 10, 2015 #1107489.015- Greely, Colorado • Jobsite — Subcontractor • Other Than Serious Citation Amount $6,800.00 Conditions that caused the hazards • Crew could not provide safety training records of hazards recognition and unsafe conditions training • Confined Space corral/barrier did not have both chains connected to prevent unauthorized entry into the confined space Corrective Actions Taken • Provided OSHA with supporting documentation of crew employees hazard recognition and unsafe conditions training records • Retrained the employees on confined space entry and confined space equipment August 9, 2018 #1338692.015- Eureka, CA • CALOSHA Inspection • Other Than Serious • Citation Amount $560.00 Conditions that caused the hazards • CAL OSHA 5144 (C) This subsection requires the employer to develop and implement a written respiratory protection program with required worksite -specific procedures and elements for required respirator use. The program must be administered by a suitably trained program administrator. In addition, certain program elements may be required for voluntary use to prevent potential hazards associated with the use of the respirator. Specifically, failure to provide fit -testing procedures for tight -fitting respirators Corrective Actions Taken • Retrained affected employees on Respiratory Protection Program requirements Frank Noonan, REM, CHST, CESCO Infrastructure Solutions Platform, Safety Director Insituform Technologies 17999 Edison Avenue Chesterfield, MO 63005 Cell: (904) 570-1948 Page 503 of 896 Attention: This form contiinsinformal-relating 10s to employee health and must be used mnn In a aer OSHAs Form 300 (Rev. 0112004) that protects the confidentiality ofemployees tothe Year 2017 Log of Work -Related Injuries and Illnesses extent occupapossible onalswhile feyaninformation purpbeing used for occupational Hearin purposes. U.S. Department of Labor Occupational Safety and Health Administration You must record lmm�nalon ahouleverywak-related injury or liners Thai lnvdves icor ofconscbusne>s. resiricletl work activity or nob frans(sr, tlays awayfrom work.. medkal UeaMentbarond frsl aM. You Form app—.. OMB no. 1218-0176 must also record siluffi ant—k-feinted Injuries and Ilersome that aredlegread by a phyefc. or licensed heath care p,efuumn.L You moslaim recon work+elaletl Injurle5 and IlinesSes Iha(mem any ofihe spoolle hobmingcuter. tidedM 29 CFR 1904.8 through 19D4.12. Feel Bee b use eve lines for a single case if you need to. You must complete an Injury and Illness Mustard report (OSHA Form 301) or Establishment name Insituform Technologies LLC noulvakntform for each Injury crib ass recorded on this form. If you'. act sure whmtho Scare is ramdable,.11you, deal OSHA0ftlCe for help. City Chesterfield State MO . -. , Iget)nry,ine pere9P wescrtoeme case... CHECK ONLY ONE box for each teas based on untrue, umber of sheWured or ill Check the'lujaY'column or choose one type (A) (B) (C) (D) (E) (F) Case Employee's Name Job Title (a g„Welder) Date of Where the event occurred(e.g. Describe injury or Illness, parts of body affected, the most serious outcome for that case: worker was: of Illness: No. mjtry or Loading dock north and) onselof Illness (mo./day) and objectfsubstence that directly injured or- made person III (a.g. Second degree burns on right forearm from soestylena torch) tl8y$awe 0a8th1. {ni wotk Re(nalned atriork, >(r Job transfer Other record-� orreatdchon ablecaeea Awa y From Work (days) On job transferor reams, loo (days) (M) Z � b v 4 (G) (H) (D (J) (0 (L) (1) (2) (3) (4) 5) (6) Equipment failed and employ.- fell, causing 17012 Jose Re a Installellon Tech 03/20/2017 Jobsite right elbow contusion. X 31 X While running a sewing apparatus, employee's right hand was caught and pulled Into omen 17021 Shureadia Lamar Machin. Operator 04/12/2017 Manufacturing Plant roller. X 41 X Employee was lilting a manhole coves with one handantl 6” bypass hose With the other hand when the manhole cove, slipped and Struck his 17040 Peter Ciealuk Installation Tech 06/10/2017 Jobsle right ankle, x X A grinder kicked back and lacerated employed. 17042 Jon Harrison Foreman 061 Jobsite forearm, x X Employee's foot got tangled in rope during 17081 Raul Ruiz Su edntendent 10/11/2017 Jobsite product inelelallon. x 81 X Employee's gloved left pinky (Inger was caught 17083 Bobo a Cole Preduetlon Operator level 10/18/2017 Manufacturing Plant by the blade of a machine and lac -rated. X 14 X Page totals 0 1 31 2 Bf ne 0 0 0 0 0 0 Be sure to transfer these totals to the Summary page (Form 300A) before you post it. Public romales burden forts is collection of inbnnalbn b m mamd loaverage 14 minutes permseres, Including foeto o umw the Instruclon, search and gm liedato nodded. end wmpe(e and review thecelleclon of ofomaton. Persensarenotenuludtoreepond (o thece'lagion of leformalen mien I displays acurnsey vald OMB control number. If you have any comments about them milmates or arty assets of Ihls data collection, oenlad: US Depatme t of Labor, OSHA Mine of Stalslul, Room N3844, 200 Consll(ulonAve, NW, .o � za ffi H so a a Washinglm,DC20210. tbrotsendgreWmplealmordstothiteflcs. Page 504 of 896 9 Page t oft (1) (2) (3) (4) (5) (8) OSHArs Form 300A (Rev. 0112004) Year 2017 440� Summary of Work -Related Injuries and Illnesses U.S.DtyendH entof Labor o.o„Panoael . Depaa tmum,ammla.he, .. ,� z x s _ . r. .. _ -. '� '•, Fcemapprovae0rano1210-0178 All establishments Covered by Part 1904 must complete this Summarypage, even ifoo Injuries or illnessesoocumaddunnglheyear. Rememberro reWew the Log fo verifythal the entries are complete Using the Log, count the individual entries you made for each category. Then write the totals below, making sure yoube added the entries from every page of the log. If you hadno cases write "0." Employees former employees, and mebrepresentatives have the right to review the OSHA Form 300 In Its enlimly. Theyalso have lim@ed access to the OSHA Form 301 orits equivalent, See 29 CFR 1904,36, in OSHAls Recordkeeping rule, lorfudher details on the access provisions for these forms. Mumtier;ofSa es Total number of Total number of Total number of cases Total number of deaths cases with days with job transfer or other recordable away from work restriction cases 0 1 3 2 (0) (H) (q 0) Total number of Total number of days of days away from job transfer or restriction work Total number of... (M) (1) Injury 6 (4) Poisoning 0 (2) Skin Disorder 0 (5) Hearing Loss 0 (3) Respiratory Condition 0 (6) All Other Illnesses 0 Post this Summary page from February 7 to April 30 of the year following the year covered by the form Public repomng bardenfor Nis coll�tlon of intonnalion is eshmatetl to auemge 58 minutes par response, intlW!ng 0:rre to review Ne mstrumlon, search antl galh.r Ne data rroedod, and omnpie(e and reviawihomllec0on of information. Pemonam not required to respond to tho colbcVm of information mn mit displays a currently valid Ohlgcontroinumber. If you have any comments about Nese address or anystoods ofthis data collecl., coniacl: USOmartmemof Labor, OSHA Offi..( Slahilli Room N3044,200 Cousli!sW Ave. NW, WadAri DC 20210. Do romnd the cumdated Emma to this once. Standard industrial Classification (SIC), it known (e.g., SIC 3715) 1 e 2 3 OR North American Industrial Classification (NAICS), If known (e.g., 335212) 2 3 7 1 1 0 Em DIOVment Information Annual average number of employees 705 Total hours worked by ail employ... last year 1,783,243 here Knowingly falsifying this document may result in a fine. I certify thdf i have ertpmini d this document and that to the best of my knowledge the entdes are true, accurate, and complats- 1 Company ex.cutive Ttla 11 f/.% Phone ' Data 3 Page 505 of 896 F'MA A E G 10 �N' �COATING SERVICES Stronger. Safeir. Wrastructure: IFA FIBRWR-----AP' M AEGION" - — --------------- - Stroinger, Safer, wrastructure: F A M: A A E G 10 N' 696 insituform. Strange r, Safer. Infrastructure! FA A m AMON Undeqiirlounid Solutions- gtrranpr. Sifw:. ffifuhstruc tam r e.' FA m AEGION' rairrpro- Strainger. Safer. Wirastrmhore: FFA M AEGIONO Stronger. Safer. Wrastructure.1 A AEGION' Stronger. Safer. Wrastructure: JPFA M AEGION" U11111111011' MURVINNUMM Sironger. Safer. Infrastructure: SUBSTANCE ABUSE POLICY & PROCEDURES (NON -DOT) January 1, 2018 Revised May 22, 2020 Page 506 of 896 Subject: By: Revised Table of Contents DER Alcohol 3.3 Approved By: 3.4 Date: January 1, 2018 WendySta Teton SECTION 1—STATEMENT OF PLAN SECTION 2—SCOPE 2.0 Employees covered cinder this plan 2.1 Prohibited drugs 2.2 Prescribed medication 2.3 Refusal to submit 2.4 Doig and/or alcohol test or testpositive/negative 2.5 Reporting test results 2.6 Lawful medications/substance SECTION 3—QUALIFICATIONS FOR EMPLOYMENT AND PROHIBITED CONDUCT 3.0 Prohibited conduct 3.1 Disqualifications 3.2 Alcohol 3.3 Searches and investigations 3.4 Reporting SECTION 4—DRUG TEST REQUIRED 4.0 Pre-employment 4.1 Post -accident 4.2 Random 4.3 Reasonable cause 4.4 Return -to -duty 4.5 Follow-up Test 4.6 Refusal to submi Chi subordination SECTION 5—SPECIMENT COLLECTION PROCEDURES 5.1 Urine specimen collection 5.2 Collection procedures 5.3 Protocol for alcohol testing Page 507 of 896 Subject: By: Revised Table of Contents Continued DER Confirmatory test 6.3 Approved By: 6.4 Date: January 1, 2018 WendySta Teton SECTION 6—TESTING METHODOLOGY 6.0 Appropriate laboratory 6.1 Initial test 6.2 Confirmatory test 6.3 Reporting Procedures 6.4 Specimen Retention SECTION 7—REVIEW OF DRUG TEST RESULTS 7.0 Medical review officer qualifications 7.1 MRO Duties 7.2 Action of positive test results 7.3 MRO determinations 7.4 Disclosure of information 7.5 Self -disclosure SECTION 8—DISCIPLINE 8.0 Pre-employment 8.1 Reasonable cause 8.2 Post -accident 8.3 Random 8.4 Return -to -duty 8.5 Refusal to submit/Insubordination 8.6 Alcohol – levels of disciplinary action SECTION 9—EFFECTS OF DRUGS AND ALCOHOL ON THE BODY 9.0 Brain chemistry 9.1 Health complications 9.2 Injuries and death SECTION 10—EMPLOYEE ASSISTANCE, TRAINING, AND EDUCATION 10.0 Employee assistance program 10.1 Education 10.2 Training 10.3 Insurance benefits Page 508 of 896 Subject: By: Revised Table of Contents Continued DER Approved By: Date: January 1, 2018 WendySta Teton SECTION 11—CONFIDENTIALITY SECTION 12—RECORDKEEPING SECTION 13—ADMINISTRATION APPENDIX A. Glossary B. Program specific information a. Random percentages b. DER information c. MRO information d. Collection sites e. Reasonable suspicion f. Return policy C. Addendum – Pre-employment Hair Follicle Page 509 of 896 Subject: By: Revised Statement o Plan DER Approved By: 1 Date: January 1, 2018 Wendy Stapleton Pursuant to Corporate Policy and the Drug -Free Workplace Act of 1988, Aegion Technologies, Inc. and its controlled affiliates and subsidiaries ("Company") pledges itself to the following policy: The unlawful manufacture, distribution, possession, sale and/or use of certain banned, illegal, unauthorized, illicit Drugs, Controlled Substance or Alcohol is prohibited during working hours or on Company premises or any workplace or worksite. Alcohol will only be pennitted when authorized by an Officer of the Company or his/her designee for specific Company functions. Any violation of this Policy will result in discipline up to and including discharge. As a condition of employment, each employee must abide by the terms of this Policy, and employees in safety -sensitive positions must notify the Company of any criminal Drug, Controlled Substance or Alcohol statute conviction immediately, subject to applicable state and local law. Any Employee so convicted, or any Employee found violating the Company's established Policy, may be subject to discipline up to and including discharge. The purpose of this Policy is to help prevent accidents and injuries resulting from the misuse of Alcohol and/or the use of banned, illegal, unauthorized, or illicit Drugs and/or Controlled Substances by all employees of the Company. The Company reserves the right, with or without notice, to change, to expand, to reduce, or to eliminate this Policy at any time and from time to time as it detennines to be appropriate. Page 510 of 896 Subject: By: Revised ,Veo e DER Approved By: 2 Date: January 1, 2018 WendySta Teton 2.0 Employees Covered Under This Plan "Employee" means an employee that is "full-time", "part-time" or "temporary" All employees who are or may be subject to the provisions of this Policy will be provided with access to a copy of this Policy prior to its implementation and/or at the time they are hired. An employee shall not be pennitted to perforin a safety -sensitive function and/or may be relieved of all ditties if he/she has engaged in conduct prohibited by this Policy. This Policy applies to all employees and/or applicants for employment of the Company, unless perfonning work covered by the Company's applicable DOT Policy. In addition, employees who are subject to applicable Company DOT requirements, any person who operates a Company Commercial Motor Vehicle, which includes full-time drivers, casual intennittent or occasional drivers, and any person applying for a job that may require being a driver of a Company Commercial Motor vehicle, are required to adhere to the Company's DOT Doig and Alcohol Policy. A copy of the DOT Drug & Alcohol Policy is available on the intranet. In the case of employees who are subject to a collective bargaining agreement, the tenns, policies and procedures contained in the applicable collective bargaining agreement shall control if they are different than the scope of this Policy. 2.1 Prohibited Drugs The presence in the body, possession, use, distribution, dispensing, and/or unlawful manufacture of prohibited drugs is not condoned while conducting company business, or while in work areas, or while in the company vehicles on or off company property. No employee will work under the influence of prohibited drugs. The wearing, possessing or carrying of drug paraphernalia items on company premises or while conducting company business is prohibited. These items can include, but are not limited to, roach clips, pipes designed for smoking illicit drugs, cigarette rolling papers used to roll illicit drugs, or injection needles used for nonmedical reasons. Prohibited drugs mean any of the following substances in Schedule 1 or Schedule 2 of the Controlled Substance Act: Amphetamine, Barbiturates, Benzodiazepines, Cocaine, Methadone, Opiates, Cannabinoids, PCP, Propoxyphene, Methaqualone Any person discovered to be in violation of these prohibitions is required to cease conducting company business, refrain from operating any vehicle on behalf of the Company, and to leave work areas immediately. Page 511 of 896 Subject: By: Revised Seo e DER Approved By: 2 Date: January 1, 2018 WendySta Teton An employee in violation of these prohibitions will be subject to appropriate disciplinary action in accordance with Section VIII entitled "Discipline." 2.2 Prescribed Medication The Company will not require an employee to reveal any medication that he/she may be taking or may have recently taken except as described in Section II(H) of this Policy; however, the employee may provide that information to the Medical Review Officer ("MRO") as part of the medical interview following a positive report from the laboratory. Prior to making a final decision to verify a positive test result, the employee will have the opportunity to discuss the use of the medication with the company's MRO. In the event it is determined by the MRO that an Employee is taking or is under the influence of a prescribed medication that will reasonably impair the Employee's ability to safely and adequately perform his/her job, the Employee may be placed on a medical leave of absence until the condition requiring the taking of the medication is resolved or the Employee is no longer taking the medication, which may require a release from a doctor. Employees in safety -sensitive positions who are prescribed and use narcotics fog° medicinal pug^poses should discuss their situation with Human Resources. The Company will work with the employee to determine whether a reasonable accommodation exists that would enable the employee to pe�fortn the material duties of his/her position without the need,for substances prohibited under this policy. 2.3 Refusal to Submit Test Employee or applicant who: 1) refuses to take a required drug and/or alcohol test; 2) without a legitimate reason fails to report to the collection site; 3) without a medical reason fails to provide an adequate specimen of 30 milliliters or an adequate breath sample, 4) adulterates or substitutes a urine test; or 5) fails to cooperate with the collection process at the collection site. 2.4 Drug and/or Alcohol Test of Positive/Negative Fail a Drug and/or Alcohol Test or Tests Positive means that the confirmation test result shows positive evidence of the presence of a prohibited drug in the employee's or applicant's system or an alcohol concentration of 0.04 or greater. Pass a Drug and/or Alcohol Test or Tests Negative means that initial testing or confirmation testing does not show evidence of the presence of a prohibited drug in the employee's or applicant's system or does not show evidence of alcohol. Page 512 of 896 Subject: By: Revised ,Scope DER Approved By: 2 Date: January 1, 2018 WendySta Teton 2.5 Reporting of Test Results The Medical Review Officer (MRO) shall communicate test results to a Third -Party Administrator. The Third -Party Administrator and/or the MRO shall then immediately report the test results to the company's Designated Employer Representative. (DER) 2.6 Lawful Medications/Substance Employees are obligated to report to their Human Resources representative any prescribed or over- the-counter medication that impairs or likely to impair the employee's ability to safely and effectively perform his or her job duties. An employee who fails to report such medication to his or her Human Resources representative may be subject to discipline up to and including tennination. The company has the right to alter j ob duties, to the extent practical, during the period in which the employee is impaired by a legal medication or substance or may remove the employee from the work site. Page 513 of 896 Subject: Qualifications for Emzployment and By: Revised Prohibited Conduct DER Approved By: 3 Date: January 1, 2018 WendySta Teton 3.0. Prohibited Conduct An employee and/or applicant who fails a drug and/or alcohol test required cinder this Plan or who refuses to take a drug and/or alcohol test required under this Plan is subject to disciplinary action up to and including termination. 3.1 Disqualification Any employee or applicant who tests positive or refuses to submit to any drug and/or alcohol test required under this Plan is subject to disciplinary action up to and including termination. 3.2 Alcohol The use and/or possession of alcohol on Company premises, while conducting Company business, while operating any vehicle on behalf of the company, or reporting to work while under the influence will not be tolerated. Additionally, for employees in jobs that affect the public's sense of confidence in the Company, excessive use of alcohol in public or inappropriate conduct in public due to the influence of alcohol is prohibited. Violations of the Company's policies concerning alcohol may result in discipline up to and including discharge. Any employee whose actions, appearance, or conduct while in the performance of job duties, including the operation of a vehicle, are indicative of the use of alcohol may be relieved of their duties immediately. As a protection to the employee, it is the responsibility of each employee who is called back to work during an unscheduled call-back to notify the Supervisor at the time of the call if he/she has consumed alcohol. Employees called back may refuse, without discipline, to report for work if they believe their abilities are sufficiently impaired by the use of alcohol that working is inadvisable. Employees reporting for an unscheduled call-back may be sent home, without discipline, if it is determined before the employee begins to work (by the employee's admission or in the judgment of the Supervisor) that the employee's abilities are so impaired. Once the employee begins working, however, the employee is subject to discipline up to and including discharge for working under the influence of alcohol if he/she did not report the use of alcohol to the Supervisor. If an employee reports to work under the influence of alcohol (by the employee's admission or in the judgment of the Supervisor), the employee should be transported home. In the event no one is available to transport the employee, then alternate transportation, such as a taxi, shall be arranged. If the employee refuses to agree to any of these procedures and attempts to operate his/her own vehicle, the Supervisor will make appropriate efforts to discourage the employee from doing so, up to and including contacting local law enforcement officials. Page 514 of 896 Subject: Qualifications for Employment and By: Revised Prohibited Conduct DER Approved By: 3 Date: January 1, 2018 WendySta Teton 3.3 Searches and Investigations In order to accomplish the purpose of this policy, the Company reserves the right, subject to state and local law, to carry out searches of individual employees and their personal effects when employees are on company premises or in any Company vehicle, while employees are on duty, or while employees are at a job site of a customer. Personal effects of employees include, but are not limited to, personal vehicles, baggage, lockers, toolboxes, hunch pails, coolers, briefcases, and desks. Searches by the Company may be initiated without prior notice and conducted at Mmes and locations as deemed appropriate by the Company. Employees have the right to refuse being searched or having their personal effects searched or to cooperate in the requested tests; however, refusal to allow such searches or to cooperate in such lawfully permitted tests by any employee will be cause for disciplinary action up to and including tennination. For purposes of initiating an investigation related to the violation of this policy, the Company may act upon infonnation that, in the good faith judgment of the responsible Company management, justifies further investigation. During an investigation, employees may be requested to cooperate and provide a urine test or submit to a breath analysis. Any employee detennined by the Company to be in violation of this policy, without an explanation satisfactory to the Company, will be subject to disciplinary action up to and including tennination. 3.4 Reporting As a condition of employment, each employee must abide by the terms of this Policy, and employees in safety -sensitive positions must notify the Company of any criminal Doig, Controlled Substance or Alcohol conviction immediately. Any Employee so convicted, or any Employee found violating the Company's established Policy, may be subject to discipline up to and including discharge. An employee who drives on behalf of the company, who is cited and receives a suspension or revocation or curtailment of driving privileges, shall immediately notify the employer of such violation. The Company shall, upon such notice, take appropriate personal action up to an including tennination. Page 515 of 896 Subject: By: Revised Drug Test Required DER Approved By: 4 Date: January 1, 2018 Wendy Stapleton 4.0 Pre-employment All applicants for initial employment, subsequent re-employment, or temporary employment in a position (see "Employees Covered cinder This Plan, Section II(A)) must pass a pre-employment drug & alcohol and hair follicle (safety sensitive positions only for hair testing) test prior to working for the company and are covered by this Policy. All applicants will be notified, at the time they complete a job application, that they will be required to submit to a drug and alcohol test if they are considered otherwise qualified for employment and that they will be subject to the terms and conditions of this Policy if they are ultimately hired. No applicant will be hired into a position unless he/she passes a pre-employment drug and alcohol test (see Section VIII(A)). In the event of a Positive Pre -Employment Test Result, the applicant will not be considered for employment presently or for a period of one year following the confinned positive. Re -testing for pre-employment due to a Positive Result is prohibited. 4.1 Post -Accident All reasonable steps will be taken to obtain a urine and/or breath specimen and a NON -DOT quick/rapid test from an employee after a preventable incident, when there is reasonable suspicion that an employee was under the influence of drugs and/or alcohol at the time of the incident. If the quick test comes back positive, then the employee is suspended from work activities until the clinic test comes back. If a test is required, a drug test must be administered within 32 hours and an alcohol test must be administered within 8 hours. In the case of a conscious but hospitalized employee, the Company will request that the hospital or medical facility perforin a post -accident test, following proper chain -of -custody. Employees must refrain from using alcohol for eight hours following an accident unless the employee has already been alcohol tested. If an employee who is subject to post -accident testing is conscious, able to urinate normally (in the opinion of a medical professional) and refuses to be tested, that employee shall be removed from his/her position and shall be subject to discipline according to Section VIII(C). While waiting for an employee's drug and/or alcohol test results, that employee will be removed from all safety -sensitive functions including Company vehicles or driving on behalf of the Company until the drug and/or alcohol test results are confinned negative for prohibited drugs or alcohol_ If the employee's test result is negative, the employee may return to work at the discretion of the Company. "Post -Accident Test" means a test for banned, illegal, unauthorized, illicit Drugs, Controlled Substances and/or Alcohol administered to a Company employee following a work injury or vehicular incident. Page 516 of 896 Subject: By: Revised Drug Test Required DER Approved By: 4 Date: January 1, 2018 Wendy Stapleton For purposes of this Policy, any time an employee is injured or involved in damage to property, an investigation will be conducted. If the Company has reasonable suspicion that alcohol and/or drugs were a factor in the incident, drug and alcohol testing may be performed. The safety manager will make this detennination. 4.2 Random Where allowed by law, employees in "covered" positions will be subject to random testing at any time with no advance notice. The random selection process will be administered by a Third -Party Administrator, to ensure each Employee the same fair and equal chance of being selected. An Employee randomly selected will be notified of the selection and instructed to immediately (not to exceed 2 hours from notification) go to the designated testing site. Random alcohol and drug testing will be conducted quarterly and will be administered at a regulated percentage annualized rate. If an employee tests positive in a random drug or alcohol test, his/her discipline will be handled according to Section VIILD entitled "Random". California employees not involved in safety -sensitive functions are exempt from Random testing, in accordance with California state law. 4.3 Reasonable Suspicion The Company will require a drug and/or alcohol test for an Employee when there is reasonable suspicion to believe that the Employee is using a prohibited drug and/or alcohol. However, the decision to test must be based on a reasonable and articulable belief that the Employee is using a prohibited drug and/or alcohol. The basis for testing must be of specific, contemporaneous, physical, behavioral or performance indicators of probable drug and/or alcohol misuse. The observations required by the paragraph above must be made during, just preceding, or just after the period of the work day that the Employee or Driver is required to be in compliance with this Policy. No Employee or Driver shall be subject to a Reasonable Suspicion Test for Alcohol later than eight (8) hours following the detennination that reasonable suspicion exists to require the Employee or Driver to undergo such test. For instance, evidence of repeated errors on the job, Company rile violations, unsatisfactory attendance or punctuality patterns, if coupled with a specific contemporaneous event that indicates probable drug and/or alcohol use, could provide reasonable suspicion to test an Employee. Page 517 of 896 Subject: By: Revised Drug Test Required DER Approved By: 4 Date: January 1, 2018 Wendy Stapleton The conduct should be witnessed by at least two or more trained supervisors or management Employees, if possible. If not possible, only one trained supervisor of the Employee can substantiate the decision to test for reasonable suspicion. The recommendation for a drug and/or alcohol test must be reviewed with the Safety Department & Human Resources representative. Following the review with Safety and Human Resources, the Employee shall be ordered to submit to drug and/or alcohol testing. A written record shall be made of the observations leading to Reasonable Suspicion Test for Drugs or Controlled Substances shall be signed by the Trained Supervisor or Trained Company Official who made the observations within twenty-four (24) hours of the observed behavior or before the results of the Drugs and/or Controlled Substance Test are released, whichever is earlier. Third -party reports that an Employee is impaired in his/her duties due to the use of prohibited drugs and/or alcohol shall not constitute reasonable suspicion but may be cause for the observation of the Employee. In any reasonable suspicion circumstance, the Employee to be tested will be transported to an appropriate collection site facility. The Employee will then be transported back to the Company premises, where a spouse, family member or other individual will be contacted to transport the Employee to his/her home. In the event no such individual is available, the Company will contact a taxi to transport the Employee home or be transported by a Company supervisor. If the Employee refuses to agree to any of these procedures and attempts to operate his/her own vehicle, the Company will make appropriate efforts to discourage the Employee from doing so, up to and including contacting local law enforcement officials. Any Employee failing to cooperate with any of these procedures described above will be subject to disciplinary action, up to and including tennination of employment. While waiting for an Employee's drug and/or alcohol test results, that Employee must be removed from his/her position until the drug and/or alcohol test results are confirmed negative for prohibited drugs and/or alcohol_ If the Employee tests positive, his/her discipline will be handled according to Section VIII(B). If the Employee tests negative, the Employee may return to work at the Company's discretion. 4.4 Return -to -Duty / Follow -Up Testing Return -to -Duty means if an Employee has an Alcohol Test result indicating an Alcohol Concentration of 0.02 or greater, but less than 0.04, the Employee shall be prohibited from performing a Safety -Sensitive Function for a minimum of 24 hours. At the sole discretion of the Company, an Employee shall be prohibited from performing a Safety -Sensitive Function until he or she has undergone a Return -to -Duty Test for Alcohol with a test result of less than 0.02. Page 518 of 896 Subject: By: Revised Drug Test Required DER Approved By: 4 Date: January 1, 2018 Wendy Stapleton An Employee who has undergone an Alcohol Test with a result of 0.04 or greater or who has a confirmed Positive Result for Drugs or Controlled Substances shall be terminated. At the sole discretion of the Company, the Employee shall be eligible for rehire subject to the following and to the Follow -Up Testing provisions in Section VI(G), below: A. The Employee has been away from work thirty (30) days and, at their expense, evaluated by the Company Substance Abuse Professional who shall detennine the adequacy of the assistance, if any, the Employee or Driver received in resolving problems associated with Alcohol misuse and/or use of Drugs and/or Controlled Substances; and B. Following a detennination by the Substance Abuse Professional that the Employee received proper assistance in resolving problems associated with Alcohol misuse and/or use of Drugs and/or Controlled Substances and has complied and remains in compliance with any and all prescribed or recommended rehabilitation and/or treatnentprograuns. C. If the Employee has violated the Alcohol prohibitions the Employee shall undergo Return -to -Duty Test for Alcohol with a result indicating an Alcohol Concentration of 0.02 or less before returning to duty; and D. If the Employee has violated the Controlled Substances prohibitions, he or she has undergone a Return -to -Duty Test for Drugs and/or Controlled Substances with a result indicating a verified negative result for use of drugs and/or Controlled Substances before returning to duty. E. If rehired the Employee shall be subject to a Return -to -Duty Test for Alcohol misuse and/or use of Drugs and/or Controlled Substances if the Substance Abuse Professional detennines testing for Alcohol, Drugs and Controlled Substances is necessary. 4.5 Follow-up Test An Employee who has undergone an Alcohol Test with a result of 0.04 or greater or who has had a confinned Positive Result for Drugs and/or Controlled Substances, and who is subject to, and has complied with the rehire and Return -to -Duty Test requirements, shall, at the sole discretion of the Company, be pennitted to return to work subject to the following: Page 519 of 896 Subject: By: Revised Drug Test Required DER Approved By: 4 Date: January 1, 2018 Wendy Stapleton a The Employee has been evaluated by the Company Substance Abuse Professional who shall detennine that assistance, if any, the Driver received in resolving problems associated with Alcohol misuse and use of Drugs and/or Controlled Substances was adequate; b. The Employee has been evaluated by the Substance Abuse Professional to detennine whether the Driver properly followed the substance abuse program recommended by the Substance Abuse Professional; c. The Employee shall be subject to unannounced Follow -Up Testing; d The number and frequency of such Follow -Up Tests shall be detennined by the Substance Abuse Professional, and shall consist of at least six tests in the first 12 months following the Driver's return to duty; e The Substance Abuse Professional may tenninate such tests at any time after the first six tests have been administered if he or she detennines the tests are no longer necessary. Follow -Up Tests shall not exceed 60 months after the Employee or Driver's return to duty; The Employee shall be subject to such Follow -Up Tests for Alcohol misuse and use of Drugs and/or Controlled Substances if the Substance Abuse Professional detennines testing for both Alcohol and Controlled Substances is necessary. An Employee who refuses to take a drug and/or alcohol test (considered a positive test result) or who does not pass a drug and/or alcohol test, may not return to duty until he/she passes a return - to -duty drug and/or alcohol test. An Employee who returns to duty after a positive test will be subject to a reasonable program of follow-up drug and/or alcohol testing without prior notice for up to 60 months. See Section VIII(E). 4.6 Refusal to Submit/Insubordination Any employee who refuses to submit to any drug and/or alcohol test required under this Plan will be treated as if he/she had tested positive in any such test. The employee's discipline will be handled according to Section VIII(F). Refusal to submit shall include: 1) failure of employee to report to collection site without a legitimate reason; 2) failure to provide an adequate specimen or leave the collection site facility without a legitimate medical reason; 3) employee's refusal of the company's initial request to submit to any required drug and/or alcohol testing; 4) adulteration or substitution of a urine test, and 5) employee's refusal to provide a specimen and/or cooperate with the collection process at the collection site. Page 520 of 896 Subject: By: Revised Drug Test Required DER Approved By: 4 Date: January 1, 2018 Wendy Stapleton Failure of Employee to Report to Collection Site If an employee fails to appear for a scheduled collection, the collection site personnel shall immediately notify the Company's DESIGNATED EMPLOYER REPRESENTATIVE by telephone, who in turn shall immediately contact the employee's supervisor. The Company shall initiate appropriate disciplinary action in accordance with Section VIII(F). EmDlovee Refusal to Provide Specimen at the Collection Site In the event an employee refuses to provide a specimen, the following procedures shall apply. a. The employee shall be informed by the collection site personnel that: (1) The Company's DESIGNATED EMPLOYER REPRESENTATIVE (2) He/she is to report back to the work site supervisor and await further instructions. b. The collection site personnel shall immediately notify the Company's DESIGNATED EMPLOYER REPRESENTATIVE by telephone and document the refusal in writing on the Chain -of -Custody Form. C. DESIGNATED EMPLOYER REPRESENTATIVE shall notify the employee's supervisor and Human Resources representative. The Human Resources representative shall initiate appropriate disciplinary action in accordance with Section VII(F). Failure of Employee to Provide an Adequate Specimen or Leave the Collection Site Facility If the employee fails to provide a sufficient quantity of urine, at least 30 milliliters, the following procedures shall apply. a. The employee shall remain at the collection site and be given a reasonable period of time to provide a specimen. As a general rile, the employee will be allowed up to three (3) hours. b. Employees shall be asked to drink fluids (up to 40 ounces) to facilitate urination. During the waiting period, the employee will remain at the collection site under supervision at all times. C. If at the end of the waiting period the employee still cannot provide a specimen of sufficient quantity, this inability shall be recorded by the collection site personnel on the Chain -of -Custody Form as failure to provide a specimen. Page 521 of 896 Subject: By: Revised Drug Test Required DER Approved By: 4 Date: January 1, 2018 Wendy Stapleton d. The MRO, upon receipt of his/her copy of the Chain -of -Custody Form, shall contact the employee for any medical justification that may exist to explain why the employee failed to provide a specimen. If the MRO believes the employee's justification is medically acceptable, no further action shall be taken against the employee. If the MRO believes there is no medical basis for the failure to provide a specimen, the MRO shall so notify DESIGNATED EMPLOYER REPRESENTATIVE. e. The DESIGNATED EMPLOYER REPRESENTATIVE shall contact the employee's supervisor and Human Resources representative. The Human Resources representative shall initiate appropriate disciplinary action in accordance with Section VIILF. Entitled "Refusal to Submit/Insubordination". If the employee arrives at the collection site and fails to provide a sufficient quantity of urine, or without a medical reason prior to supplying the requisite sample leaves the collection site, the following procedures shall apply. a. The clinic will contact the DESIGNATED EMPLOYER REPRESENTATIVE and inform them that the employee failed to remain at the collection site will be reported to the MRO has a refusal to submit. Refusal to Submit carries the same ramifications as a positive result. Employee Refusal to Submit to Testing a. If an employee refuses the company's initial request to submit to any required drug and/or alcohol test, the employee will be suspended without pay and immediately removed from his/her position, and shall be subject to disciplinary action in accordance with Section VIILF. Entitled "Refusal to Submit/Insubordination". All required testing to be performed under this policy will be conducted in the same manner and follow the same procedures as stated in Section V of this Policy. This Policy sets a minimum standard and more stringent procedures can be implemented if required by any project owner or the Company in its complete discretion. Page 522 of 896 Subject: By: Revised ,Vecinzen Collection Procedures DER Approved By: 5 Date: January 1, 2018 WendySta Teton 5.1 Urine Specimen Collection Any person requested to undergo a drug test will be required to provide a urine specimen at a designated collection site. In order to ensure integrity of the specimen collection procedure, a standard Chain of Custody Form will be used. This form shall be completed by the employee and the company or collection site personnel. The form will be completed by the person responsible for collecting the urine specimen and will then be forwarded along with the urine specimen to a designated laboratory, which will conduct the actual drug test. The laboratory will then forward a copy of the Chain of Custody Form to the Medical Review Officer, who will review it when analyzing any positive test results. The Company will retain a copy of the Chain of Custody Form for each drug test it conducts. The Chain of Custody Form must be completed by every person who handles or otherwise comes into contact with the urine specimen. All urine will be collected in a clean, single -use specimen bottle that is securely wrapped until filled with the specimen. A clean single -use collection container (e.g. disposable cup or sterile urinal) that is securely wrapped until used may also be employed. If urination is directly into the specimen bottle, the specimen bottle shall be provided to the employee still sealed in its wrapper or shall be unwrapped in the employee's presence immediately prior to its being provided. If a separate collection container is used for urination, the collection container shall be provided to the employee still sealed in its wrapper or shall be unwrapped in the employee's presence immediately prior to its being provided; and the collection site person shall unwrap the specimen bottle in the presence of the employee at the time the urine specimen is presented. 5.2 Collection Procedures Designated Collection Sites The company will utilize an approved collection site which will have the personnel, materials, equipment, facilities and supervision necessary to provide for the collection, security, temporary storage and shipping of urine specimens to a DHHS-certified laboratory for testing. Designated Collection Site(s) for this Plan are: SEE APPENDIX C Supervisory Collections Unless it is impractical for any other individual to perforin this function, a direct supervisor of an employee shall not serve as the collection site person for a test of the employee. Page 523 of 896 Subject: By: Revised ,Vecinzen Collection Procedures DER Approved By: 5 Date: January 1, 2018 WendySta Teton Individual Privacy Collection procedures allow urine specimens to be provided by the individual in private, unless there is reason to believe that the individual may alter or substitute the specimen, as set forth below. a. Circumstances REQUIRING Direct Observation A second specimen of urine will be obtained as soon as possible under the direct observation of a same gender collection site person whenever there is reason to believe that a particular donor has altered or substituted the specimen under the following circumstances. (1) The donor has presented a specimen which falls outside the allowable temperature ranges (32 degrees - 38 degrees C/90 degrees - 100 degrees F.), and (a) The donor declines to provide a measurement of oral body temperature, or (b) The donor's oral body temperature varies by more than 1 degree C/1.8 degrees F from the temperature of the specimen. (2) The collection site person observes donor conduct clearly and unequivocally indicating an attempt to substitute or adulterate the specimen. When it is necessary to collect a second specimen of urine, the donor may find it difficult to immediately give another specimen. In such cases, the donor is to remain at the designated collection site (in no event longer than eight hours) and be given fluid to drink. b. Circumstances When Direct Observation of Collection will be OPTIONAL Under certain circumstances, collection of a second specimen of urine may be required. A collector of the same gender as the donor will observe this second collection of urine if a higher-level supervisor of the collection site person, MRO or a designated company management official, have reviewed and concurred in advance with any decision by the collection site person to obtain a specimen under direct observation. The circumstances are as follows: Page 524 of 896 Subject: By: Revised ,Vecinzen Collection Procedures DER Approved By: 5 Date: January 1, 2018 WendySta Teton (1) The last urine specimen provided by the donor on a previous occasion was determined by the DHHS certified laboratory to have a specific gravity of less than 1.003 and a creatinine concentration below .2g/L, or (2) The donor has tested positive in a prior drug test and the particular test being conducted was either a return -to -duty test or an unannounced follow-up test (post -rehabilitation). Specimen Integrity and Identity The Company, the employee and the collection site shall take appropriate precautions to preserve the integrity and identity of the urine specimen by ensuring that it is not adulterated or diluted during the collection procedure and that the urine specimen tested is that of the person from who it was collected. Collection site personnel will be responsible for maintaining the integrity of the specimen collection and transfer process, but employees are expected to cooperate with collection site personnel and to exercise good faith in conjunction with the written specimen collection procedures. When an individual arrives at the collection site, the collection site personnel shall ensure that the individual is positively identified as the employee selected for testing through presentation of photo identification. If the individual's identity cannot be established, the collection site personnel shall not proceed with the collection. If the employee requests, the collection site personnel shall show his/her identification to the employee. Collection Control The collection site person shall keep the individual's specimen bottle within sight both before and after the individual has urinated. After the specimen is collected, it shall be properly sealed and labeled. The Chain of Custody Form shall be used for maintaining control and accountability of each specimen from the point of collection to final disposition of the specimen. The date and purpose shall be documented on an approved Chain of Custody Form each time a specimen is handled or transferred and every individual in the chain shall be identified. Every effort shall be made to minimize the number of persons handling specimens. Transportation to Laboratory Collection site personnel shall arrange to ship the collected specimens to the drug testing laboratory. The specimens shall be placed in a container designed to minimize the possibility of damage during shipment (e.g., specimen boxes and/or padded mailers), and those containers shall be securely sealed to eliminate the possibility of undetected tampering. On the tape sealing the container, the collection site person shall sign and enter the date the specimens were sealed in Page 525 of 896 Subject: By: Revised ,Vecinzen Collection Procedures DER Approved By: 5 Date: January 1, 2018 WendySta Teton the containers for shipment. The collection site person shall ensure that the Chain of Custody documentation is attached to each container sealed for shipment to the drug testing laboratory. Failure to Cooperate If the employee refuses to cooperate during the collection process (e.g., refusal to provide a complete specimen, complete paperwork, initial specimen) the collection site person shall inform the company and shall document the non-cooperation on the Chain of Custody Fonn. Employees are expected to exercise good faith and cooperate during the collection process and failure to do so will be treated the same as a positive test, the employee will be removed from his/her position, and will be subject to disciplinary action up to an including termination. Any employee required to provide a urine specimen will be expected to complete any necessary forms required by the collection site or the company, including those authorizing the disclosure of test results to the company. Failure or refusal to do so will result in disciplinary action up to and including termination as set forth in Section VIILF entitled "Refusal to Submit/Insubordination". Employees Requiring Medical Attention If the specimen is being collected from an employee in need of medical attention (e.g., as part of a post -accident test given in an emergency facility), necessary medical attention shall not be delayed in order to collect the specimen. For additional information on collection procedures for injured employees see Section IV. "Post -Accident". 5.3 Protocol for Alcohol Testing The initial and confirmation tests shall be administered by alcohol testing devices listed on the National Highway Traffic Safety Administration (NHTSA) conforming products list. 2. Evidential breath testing devices (EBT) shall be calibrated according to the protocol as recommended by the manufacturer. Written calibration records shall be strictly maintained by the owner of the equipment. 3. The individual administering the test shall be trained and qualified to operate the alcohol testing device(s). 4. The initial test may be performed using either an evidential or non -evidential alcohol testing device. If the initial test is 0.02% blood alcohol concentration (BAC) or above, then a second confirmation test shall be performed using an evidential breath testdevice. Page 526 of 896 Subject: By: Revised Testing Methodology DER Approved By: 6 Date: January 1, 2018 Wendy Stapleton 5. Before the confirmation test, a fifteen -minute waiting period shall be observed. The purpose of the waiting period is to ensure that the presence of mouth alcohol does not artificially raise the test result. The wait time between the initial and confirmatory test shall not exceed thirty minutes. 6. If the confirmation result is 0.02% BAC or greater, then the employee shall immediately be removed from performing his/her duties. Arrangements shall be made for the employee's safe transportation home. 7. A confirmed result of 0.04% BAC or higher is considered a positive result. 8. A result of 0.02% blood BAC or higher, but lower than 0.04% BAC requires that the employee be removed from the work site until a subsequent test yields a result of less than 0.02% or until the employee's next duty shift. 6.0 Appropriate Laboratory All urine specimens to be tested for the presence of prohibited drugs must be analyzed by the DHHS laboratory certified under the DHHS Mandatory Guidelines for Federal Workplace Drug Testing Programs. All drug tests required by the company will therefore be shipped for analysis to the laboratory listed below: Clinical Reference Laboratory 8433 Quivira Lenexa, Kansas 66215 Page 527 of 896 Subject: By: Revised Testing Methodology DER Amphetamines 500 ng/m1 Approved By: 6 Date: January 1, 2018 Wendy Stapleton 200 ng/m1 6.1 Initial Test All urine specimens will be initially tested for the use of prohibited drugs by an immunoassay test, which will eliminate negative urine specimens from further consideration. Any positive test results in an initial test will be subject to confirmation through an additional, more precise and accurate testing methodology. The cut-off levels set forth below will be used for the initial testing of specimens to determine whether they are negative for the following drugs: Page 528 of 896 Class c Confirmation (ng/m1) Doig Initial Test Cutoff (ng/m1) 1. Amphetamines 500 ng/m1 250 ng/m1 2. Barbiturates 300 ng/m1 200 ng/m1 3. Benzodiazepines 300 ng/m1 300 ng/m1 4. Cocaine 150 ng/m1 100 ng/m1 5. Methadone 300 ng/m1 300 ng/m1 6. Opiates 2000 ng/m1 2000 ng/m1 7. Cannabinoids 50 ng/m1 15 ng/m1 8. PCP 25 ng/ml 25 ng/ml 9. Propoxyphene 300 ng/m1 200 ng/m1 10. Methaqualone 300 ng/m1 200 ng/m1 11. Alcohol (BAC)* 0.02% (BAC)* 0.02% *When the results of an alcohol (screen/confirmation) test indicate an alcohol concentration of 0.04 or greater, the employee will be terminated. Page 528 of 896 Subject: By: Revised Testing Methodology DER Approved By: 6 Date: January 1, 2018 Wendy Stapleton 6.2 Confirmatory Tests Any urine specimen identified as positive on the initial test will be confirmed by a second analytical procedure independent from the initial test and which uses a different chemical technique and procedure. The Company will use gas chromatography/mass spectrometry to confirm initial positive test results. The cut-off levels set forth above will be used to establish the existence of a "confirmed positive" test result. Any initial positive result which is not confirmed as positive under the above cut-off levels will be deemed negative. 6.3 Reporting Procedures Before the laboratory reports any test result, it will first review the results of the initial test, confirmatory test or any relevant quality control dataa to certify that the test result is accurate. The laboratory will then report the test results to the Company's Medical Review Officer ("MRO") within five (5) working days after the receipt of the specimen and will also forward the original Urine Custody and Control Forms to the MRO. Any specimen which was negative on an initial or confirmatory test will be reported as negative. The only specimens reported as positive will be those which have been confirmed as positive through gas chromatography/mass spectrometry. Test results may not be reported verbally by telephone by the lab to the MRO. Additionally, the laboratory will not report any test results to the Company, but only to its MRO. The laboratory and the Company will ensure that the dataa transmission is confidential and will secure and limit access to its dataa transmission storage and retrieval system. The MRO may request from the laboratory and the laboratory will provide quantization of test results. The MRO will then report to the Company's DESIGNATED EMPLOYER REPRESENTATIVE whether the test is positive or negative and may also report the identity of the drug(s) for which there was a positive result. The MRO will not, however, disclose the quantization of test results to the company unless disclosure of the same to the company, employee or decision -maker is necessary in a lawsuit, grievance or other proceeding initiated by or on behalf of the employee arising from a verified positive drug test. 6.4 Specimen Retention Specimens that yield positive results on confirmation must be retained by the laboratory in properly secured, long-term, frozen storage for at least 365 days. Within this 365 -day period, the employee or his representative, or Company's Third Party Administrator may request that the laboratory retain the specimen for an additional period. If, within the 365 -day period, the laboratory has not received a proper written request to retain the specimen for a further reasonable period specified in the request, the specimen may be discarded following the end of the 365 -day period. Page 529 of 896 Subject: By: Revised Review of Drug Test Results DER Approved By: 7 Date: January 1, 2018 WendySta Teton 7.0 Medical Review Officer Qualifications All confirmed positive test results will be reported by the laboratory to a Medical Review Officer ("MRO") prior to any decision regarding an employee's qualification for continued employment dile to the results of a drug test. The MRO will be a licensed physician with knowledge of substance abuse disorders. The MRO will review and consider possible alternative medical explanations for the positive test result, as well as the chain -of -custody to ensure that it is complete and sufficient on its face. 7.2 MRO Duties The MRO will perforin the following functions for the company: Review the results of drug testing before they are reported to the company. 2. Review and interpret each confirmed positive test result to determine if there is an alternative medical explanation for the confirmed positive test resultby: a. Conducting a medical interview with the individual tested; b. Reviewing the individual's medical history and any relevant biomedical factors; Reviewing all medical records made available by the individual tested to determine if a confirmed positive test resulted from legally prescribed medication; once the employee has been contacted and the MRO requests a copy of the prescription claimed by the employee for the reason of the positive test. The employee has 72 hours to get the current prescription to the MRO. d. Requiring, if necessary, that the original specimen be reanalyzed to determine the accuracy of the reported test results; and Verifying that the laboratory report and assessment are correct. Determine whether and when an employee who did not pass a drug test administered under these procedures may be returned to duty. 4. Determine a schedule of unannounced follow-up testing, in consultation with the company, for an employee who has returned to duty. Page 530 of 896 Subject: By: Revised Review of Drug Test Results DER Approved By: 7 Date: January 1, 2018 WendySta Teton Ensure that an employee has been drug tested in accordance with the procedures before the employee returns to duty. 7.2 Action on Positive Test Results Prior to making a final decision to verify a positive test result for an individual, the MRO will give the individual an opportunity to discuss the test result. If, after making and documenting all reasonable efforts to contact the individual, the MRO is unable to reach the individual directly, the MRO will contact the Company's DESIGNATED EMPLOYER REPRESENTATIVE, who will direct the individual to contact the MRO as soon as possible. If, after making all reasonable efforts, the Company is unable to contact the Employee, the Company will place the Employee on temporary unqualified status. The MRO or his/her staff must make reasonable efforts to reach the Employee at the day and evening telephone numbers listed on the CCF. Reasonable efforts include, as a minimum, three attempts, spaced reasonably over a 72 -hour period, to reach the Employee at the day and evening telephone numbers listed on the CCF. If the MRO or his/her staff cannot reach the Employee directly after making these efforts, the MRO or his/her staff must take the following steps: a. Document the efforts the MRO or staff made to contact the Employee, including dates and times. If both phone numbers are incorrect (e. g., disconnected, wrong number), the MRO or staff may take the actions listed in paragraph (c)(2) of this section without waiting the full 72 -hour period. b. Contact the DER, instructing the DER to contact the Employee. (1) The MRO simply directs the DER to inform the Employee to contact the MRO. (2) The MRO must not inform the DER that the Employee has a confirmed positive, adulterated, substituted, or invalid testresult. (3) The MRO must document the dates and Mmes of attempts to contact the DER, and the MRO must document the name of the DER contacted and the date and time of contact. Page 531 of 896 Subject: By: Revised Review of Drug Test Results DER Approved By: 7 Date: January 1, 2018 WendySta Teton If a test is verified as positive because of an individual's failure to contact the MRO (No. 2 above), the individual will have the opportunity to provide the MRO with evidence documenting that serious illness, injury or other circumstances unavoidably prevented him/her from timely contacting the MRO. The MRO, on the basis of such information, may reopen the verification and allow the individual to present information concerning a legitimate explanation for the confirmed positive test. If the MRO concludes that there is a legitimate explanation, the MRO will declare the test to be negative. 7.3 MRO Determinations If the MRO determines, after appropriate review, that there is a legitimate medical explanation for the confirmed positive test result other than the unauthorized use of prohibited drug, the MRO will conclude and report the test to be negative. If the MRO determines, after appropriate review, that there is no legitimate medical explanation for the confirmed positive test result other than the unauthorized use of a prohibited drug, the MRO shall confirm and report the test as positive and refer the employee tested to the company for further proceedings in accordance with its Substance Plan. If the MRO determines, based upon his/her review of the laboratory inspection reports, quality assurance and quality control data., and other drug test results, that a particular drug test result is scientifically insufficient for further action, the MRO will conclude that the test is negative. 7.4 Disclosure of Information The MRO will not disclose to any third party medical information provided by the individual to the MRO as a part of the testing verification process, except as provided below: The MRO may disclose such information to the company or a physician responsible for determining the medical qualification of the employee, only if: a. In the MRO's reasonable medical judgment, the information could result in the employee being determined to be medically unqualified; or b. In the MRO's reasonable medical judgment, the information indicates that continued performance by the employee of his/her position could pose a significant safety risk. Page 532 of 896 Subject: By: Revised Discipline DER Approved By: 8 Date: January 1, 2018 WendySta Teton 2. Before obtaining medical information from the employee as part of the verification process, the MRO will advise the employee that the information may be disclosed to third parties as provided above and of the identity of any parties to whom the information may be disclosed. 7.5 Self -Disclosure If an employee self identifies as suffering from alcohol or drug dependency, he /she may return to work if certain conditions are met. These conditions may include successful completion of any recommended aftercare program detennined by the MRO, EAP or Company, passing an alcohol test before returning to work, and participating in a program of follow-up testing for a period of up to 60 months after returning to duty. The following discipline will be taken in the event of a positive test result under any of the following circumstances. 8.0 Pre-employment Any applicant who tests positive as a result of a pre-employment drug and/or alcohol test or refuses to submit to a pre-employment drug and/or alcohol test will be disqualified from further consideration for employment and may not reapply for a period of one (1) year. 8.1 Reasonable Suspicion Any employee who tests positive as a result of a reasonable s drug and/or alcohol test will be suspended without pay and will be subject to disciplinary action up to and including tennination. If terminated the employee will not be considered for employment and may not reapply for a period of one (1) year. 8.2 Post -Accident Any employee who tests positive as a result of a drug and/or alcohol test taken after an accident will be suspended without pay and will be subject to disciplinary action up to and including tennination. If tenninated the employee will not be considered for employment and may not reapply for a period of one (1) year. 8.3 Random Any employee who tests positive as a result of a random drug and/or alcohol test will be suspended without pay and will be subject to disciplinary action up to and including tennination. If tenninated the employee will not be considered for employment and may not reapply for a period of one (1) year Page 533 of 896 Subject: By: Revised Discipline DER Approved By: 8 Date: January 1, 2018 WendySta Teton 8.4 Return -to -Duty and Follow -Up Any employee who tests positive as a result of a return -to -duty test will be suspended without pay and will be subject to disciplinary action up to and including tennination. If tenninated the employee will not be considered for employment and may not reapply for a period of one (1) year 8.5 Refusal to Submit/Insubordination Any employee who refuses to take a required drug and/or alcohol test, refuses to provide a specimen at the collection site, refuses to cooperate during the collection process, refuses to complete any relevant documentation, such as the Urine Custody and Control Foran or any other paperwork, fails to properly cooperate with collection site personnel, engages in any conduct which creates reason to believe a urine specimen has been altered or substituted, fails to report to the collection site without a legitimate reason, or fails to provide an adequate specimen without a medical basis will be subject to disciplinary action up to and including termination. If terminated the employee will not be considered for employment and may not reapply for a period of one (1) year 8.6 Alcohol — Levels of Disciplinary Action Levels of Disciplinary Actions. Disciplinary action as set forth below will be taken under each of the each of the described circumstances: 0.02 - 0.039 Consequences a. When the results of an alcohol (screen/confirmation) test indicate an alcohol concentration of 0.02 or greater, but less than 0.04, the Employee will be removed immediately from performing the covered function for the remainder of his/her shift and may be subject to loss of pay for that period of time. b. When an Employee has an alcohol (screen/confirmation) test conducted and the alcohol concentration is 0.02 or greater, but less than 0.04, on a second test, the Employee will be removed immediately from performing the covered function and shall be suspended. The Employee shall be referred to a substance abuse professional and must follow all the recommendations following completion of the assessment. Any subsequent test at 0.02 or greater will result in disciplinary action up to and including tennination from the Company. When the results of another alcohol (screen/confinnation) test indicate alcohol concentration 0.02 or greater, but less than 0.04 after an alcohol test which had produced an alcohol concentration of 0.04 or greater, then that Employee will be removed immediately from performing the covered function. The Employee shall be suspended and referred to the substance abuse professional and must follow all the recommendations following completion of the assessment. Any subsequent alcohol concentration 0.02 or greater will result in disciplinary action up to and including termination from the Compa>k�ege 534 of 896 Subject: By: Revised Discipline DER Approved By: 8 Date: January 1, 2018 WendySta Teton 2. 0.04 or Greater Consequences. a. When an Employee has tested for alcohol in a concentration of 0.04 or greater, the Employee will be removed from performing the covered function and shall be suspended. The Employee shall be referred to a substance abuse professional that shall determine what assistance, if any, the Employee needs in resolving problems associated with alcohol misuse. b. In all cases when an Employee tests at an alcohol concentration of 0.04 or greater after an alcohol test which had on a previous occasion produced an alcohol concentration of 0.04 or greater, then the Employee shall be removed immediately from performing the covered function. The Employee shall be subject to disciplinary action up to and including immediate termination. 3. Other Alcohol Consequences. a. When an Employee refuses to report for assessment, evaluation, and/or referral for treatment with a substance abuse professional he/she will be removed immediately from performing the covered function and will be subject to disciplinary action up to and including termination. b. When an Employee, after assessment, is referred for rehabilitation and/or treatment and the Employee refuses to enter or successfully complete such a rehabilitation and/or treatment assessment program, he/she will be removed immediately from performing the covered function and subject to disciplinary action up to and including termination. An Employee who refuses to provide an adequate breath for alcohol testing without a valid medical explanation after he/she has received notice of the requirement to be tested in accordance with the requirements of the AMPP, or who engages in conduct that clearly obstructs the testing procedure will be removed immediately from performing the covered function. The Employee will be subject to disciplinary action up to and including termination from the Company. d. On duty use or possession of alcohol on Company time, on Company premises, or in Company vehicles will result in immediate removal from performing the covered function. The Employee will be subject to disciplinary action up to and including termination from the Company. Page 535 of 896 Subject: By: Revised Effects of Drugs and Alcohol on the Body DER Approved By: 9 Date: January 1, 2018 WendySta Teton It should come as no surprise that drugs and alcohol can have negative effects on your life. Although sometimes it may be difficult to imagine, the abuse of these substances can change everything from your body to your bank account. This can include anything from altered brain chemistry, health complications, infections, legal issues, financial problems, accidental injuries, and even death. 9.0 Brain Chemistry The Manan brain is the most complex organ in the Manan body. Although it may weigh less than 3 pounds, it somewhat mysteriously controls both your thoughts and the physiological processes that keep you alive. Drugs and alcohol change the way you feel by altering the chemicals that keep your brain working smoothly. When you first use drugs, your brain releases a chemical called dopamine that makes you feel euphoric and want more of the drug. Over time, your mind gets so used to the extra dopamine that you can't function normally without it. Everything about you will begin to change, including your personality, memory, and bodily processes that you might currently take for granted. 9.1 Health Complications Doig and alcohol use impacts nearly every part of your body from your heart to your bowels. Substance abuse can lead to abnormal heart rates and heart attacks, and injecting drugs can result in collapsed veins and infections in your heart valves. Some drugs can also stop your bones from growing properly, while others result in severe muscle cramping and general weakness. Using drugs over a long period of time will also eventually damage your kidneys and your liver. 9.2 Injuries & Death If you use drugs and alcohol, you're more likely to experience physical injury or be involved in car accidents. Even worse, you also have an increased risk of death through both suicide and homicide. Alcohol specifically results in 5.2 million accidental injuries and 1.8 million deaths each year. It's estimated that 1 out of every 4 deaths is caused by drugs and alcohol, according to the World Health Organization. Page 536 of 896 Subject: By: Revised Employee Assistance, Training, Education DER Approved By: 10 Date: January 1, 2018 Wendy Stapleton 10.0 Employee Assistance Program In addition to the education and training program described below, the company also has available a designated vendor to which employees may refer for additional consultation and referral. The Company recognizes Alcohol, Doig, and Controlled Substance use and abuse on or off premises as a potential health, safety, security and performance problem. If you wish information on where to seek help for any type of substance abuse, contact the Human Resources Department or Safety Department. Failure to comply with any set forth requirements by a Substance Abuse Professional or failure to comply and remain in compliance with any and all prescribed or recommended rehabilitation and/or treatment programs may result in discipline up to and including termination. 10.1 Education The company will provide an education program for its employees, which will include the following: Display and distribution of informational material; 2. Display and distribution of a community service hot-line telephone number for employee assistance; and 3. Display and distribution of the company's Policy regarding the use of prohibited drugs and alcohol misuse. 10.2 Training Any supervisory personnel responsible for determining whether an employee must be drug and/or alcohol tested based on reasonable cause will be required to complete training on the specific contemporaneous physical, behavioral and performance indicators of probable drug use and/or alcohol misuse. 10.3 Insurance Benefits Treatment for drug and/or alcohol abuse should be referred to each individual's health insurance policy for applicable coverage. Page 537 of 896 Subject: By: Revised Confidentiality DER Approved By: 11 Date: January 1, 2018 WendySta Teton Confidentiality is important to maintain the integrity of the Company's investigation and personal privacy of individual employees. Consequently, as a general rile, the Company will limit access to inforination concerning the basis for its decision to investigate any alleged violation of this Policy, the results of the investigation, the results of any Alcohol, Drug and/or Controlled Substance Test, or any individual's participation in an Alcohol, Drug or Controlled Substance rehabilitation program. Such inforination should be available only to the Human Resources and Safety Department personnel who need such access, the manager of the facility involved, or if appropriate, to senior management and the Company legal representatives. The Company will disclose information related to an employee's testing results in the event the employee or his/her results commences legal action or files a claim against the Company. The Company may disclose inforination pertaining to an employee that is required to be maintained tinder this Policy if required by a court, state statute or federal statute. Page 538 of 896 Subject: By: Revised Recordkeeping DER Approved By: 12 Date: January 1, 2018 WendySta Teton Third Party Administrator and Company shall keep the following records for the company for the periods specified: A. Records of employee drug and alcohol test results that show that employee failed a drug and/or alcohol test, and the type of test failed (e.g., post -accident), and records that demonstrate rehabilitation, if any, will be kept for at least five (5) years, and will include the following information: The functions performed by employees who failed the drug and/or alcohol test; 2. The prohibited drugs which were used by employees who failed the drug test; The disposition of employees who failed the drug and/or alcohol test (e.g., termination, leave without pay). B. Records of employee drug test results that show employees passed a drug and/or alcohol test will be kept for at least one (1) year. C. A record of the number of employees tested, by type of test (e.g., post -accident), will be kept for at least five (5) years. D. Records confirming that supervisors and employees have been trained as required under this Plan will be kept for at least three (3) years. C. Records under A. through D. above will be maintained by the Third -Party Administrator and Company. Page 539 of 896 Subject: By: Revised Administration of Policy DER Approved By: 13 Date: January 1, 2018 WendySta Teton Administration of the policy will be performed cinder the guidance of the Corporate Environmental, Health & Safety Department. Nothing in this policy shall be construed as creating an express or implied contract or promise concerning the policies that AEGION has implemented or will implement in the future. This policy may be changed by AEGION without prior notice to the Employee. Page 540 of 896 Subject: By: Revised Glossary DER 5-22-20 Approved By: Appx A Date: January 1, 2018 WendySta Teton ALCOHOL: "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. ALCOHOL CONCENTRATIONS or ALCOHOL CONTENT: "Alcohol Concentrations" (or "Alcohol Content:") means the Alcohol in volume of breath expressed in tenns of grams of Alcohol per 210 liters of breath as indicated by an Evidential Breath Test. ALCOHOL TEST: An "Alcohol Test" is a test conducted by a Breath Alcohol Technician, using an Evidential Breath Testing Device to measure the amount of Alcohol Concentrations in volume of breath, or in the event that a breath alcohol test cannot be taken, in volume of blood or urine via any test by a qualified testing laboratory. ALCOHOL USE: "Alcohol Use" means the consumption of any beverage, mixture, or preparation, including any medication, containing Alcohol. BREATH ALCOHOL TECHNICIAN OR BAT: A "Breath Alcohol Technician" or 1. `BAT" means a trained individual who instructs and assists individuals in the 2. Alcohol Test process and who operates the Evidential Breath TestingDevice. COLLECTION SITE: A "Collection Site" means specific medical facility which have been set up in advance by the Company to have all necessary and required test kits to perfonm mandated collections. COMMERCIAL MOTOR VEHICLE: "Commercial Motor Vehicle" means a motor vehicle or a combination of motor vehicles used in commerce to transport passengers or property in the motor vehicle: a. and a towed unit have a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating ofmore than 10,000 pounds; or b. has a gross vehicle weight of 26,001 or more pounds; or c. is designed to transport 16 or more passengers, including the Driver; or d. is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR 172, subpart F); or e. is a Company leased vehicle of any kind and made available for personal and business use by an employee Page 541 of 896 Subject: By: Revised Glossary DER 5-22-20 Approved By: Appx A Date: January 1, 2018 WendySta Teton CONFIRMATION TEST: For the Alcohol Test, a "Confinnation Test" means a second test following a Screening Test with a result of 0.02 or greater that provides quantitative data of Alcohol Concentration. Confinnation of the Screening Test must be by an Evidential Breath Testing (EBT) device listed on the National Highway Traffic Safety Administration (NHTSA) Confonning Products List (CPL), and must be capable of printing out each test result and air blank, and must sequentially number each test. For the Drug Test or Controlled Substances Test or an Alcohol test (in the event that an EBT was not able to be used), a "Confinnation Test" means a second analytical procedure to identify the presence of a specific Doig or Drug metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. Gas Chromatography/Mass Spectrometry (GC/MS) is the authorized confinnation method for cocaine, marijuana, opiates, amphetaumines, and phencyclidine. CONTROLLED SUBSTANCE: "Controlled Substances" means Amphetamines, Barbiturates, Benzodiazepines, Cannabinoids, Cocaine, Methadone, Methaqualone, Opiates, Phencyclidine and Propoxyphene. CONTROLLED SUBSTANCE TEST or DRUG TEST: "Controlled Substance Test" or "Drug Test" means a method for detennining the presence of Controlled Substances or Drugs in a urine or blood sample using a scientifically reliable method. DESIGNATED EMPLOYER REPRESENTATIVE: "Designated Employer Representative" or "DER" means the primary contact person(s) designated by the Company to receive all infonnation and/or reports from the Medical Review Officer, the Breath Alcohol Technician, the Substance Abuse Professional and the laboratories. The DER is also the designated contact person for Driver inquiries regarding this Policy and/or the Federal Highway Administration (FHWA) regulations. DRUG: "Drug" means any drug or substance which is indicated as banned, illegal, unauthorized, illicit or controlled by any lawfi l authority such as the DOT, or any other federal, state, or local government entity. This can also include any Drug or Substance an owner of a project may indicate as illegal, banned, unauthorized and use of which is prohibited to those who enter the owner's facility or property. EMPLOYEE: "Employee" means any employee of the Company or any of its controlled affiliates and subsidiaries, whether employment status is permanent, full or part-time, temporary or leased but employees represented by a collective bargaining agent shall be considered "Employees" for purposes of this Policy only to the extent of the tenors of any collective bargaining agreement between them and the Company or to the extend mandated by applicable law, regulations or rulings. Page 542 of 896 Subject: By: Revised Glossary DER 5-22-20 Approved By: Appx A Date: January 1, 2018 WendySta Teton EMPLOYEE ASSISTANCE PROGRAM, EAP or EAP TRAINING: "Employee Assistance Program", "EAP" or "EAP Training" means program that provides training for Employees, Supervisory Personnel and Company Officials, which addresses the effects and consequences of Drugs, Controlled Substance and Alcohol Use on personal health, safety, and the work- environment. orkenvironment. EVIDENTIAL BREATH TESTING DEVICE or EBT: "Evidential Breath Testing Device" or "EBT" means a device approved by the National Highway Traffic Safety Administration ("NHTSA") and placed on the NHTSA's Conforming Products List and is used for the evidential testing of breath. FITNESS FOR DUTY: If an employee has been out on any permanent or temporary departure from employment to the Company regardless of the time frame a pre-employment test is administered prior to the first time an individual returns to work. This includes, but is not limited to, Short -Term Disability, Long Term Disability, Laid -Off, Furlough or Leave of Absence or Termination. A physical examination in addition to a drug screen may be required to ensure the employee can safely perforin the essential functions of the job. FOLLOW-UP TEST: "Follow -Up Test" means an Alcohol, Doig and /or Controlled Substances Test administered to an Employee or Driver who has violated the prohibitions of this Policy and who has been rehired after completing the procedures for rehire and passing a return -to -duty Alcohol and/or Controlled Substances Test. MEDICAL REVIEW OFFICER or MRO: "Medical Review Officer" or "MRO" means a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by any Alcohol, Doig and/or Controlled Substance Test administered pursuant to this Policy who has knowledge of substance use and abuse disorders and has appropriate medical training to interpret and evaluate an individual's confinned Positive Result together with his or her medical history and any other relevant biomedical inforination. ON BEHALF OF THE COMPANY: An employee or applicant who is/will be a. required to operate a motor vehicle during the course of his/her assignment with the b. Company. This includes the operation of a company-owned or leased vehicle, a c. rental car, a vehicle for which the employee receives mileage reimbursement or d. allowance, or the incidental operation of a Company-owned vehicle. Page 543 of 896 Subject: By: Revised Pro ram,Vecu ac Information DER Approved By: Appx B Date: January 1, 2018 WendySta Teton PERSONAL ASSISTANCE SERVICES -EAP: The "PERSONAL ASSISTANCE SERVICES - EAP" or "PAS -EAP Program" is a program administered for all employees of the Company who may need to seek help and assistance for alcohol and substance use or abuse, financial and family problems, and many other areas of difficulty with direct counseling secessions by an independent counseling facility. A limited number of Company paid counseling secession are available. This program is totally confidential to only the employee and his/her counselor and can be entered into by the employee's direct contact with PAS -EAP or by recommendation of a Supervisor or others within the company. For more information or for confidential professional assistance for personal concerns call 1-800-356-0845. POSITIVE RESULT: "Positive Result" means any confinned resultunder an Alcohol, Drug, and/or Controlled Substance Test received from the MRO. A "first'' positive is the first Positive Result on record with the Company. A "first" Positive Result will not be expunged or removed from the employee's personnel drug file; it will always remain on record. A "second" Positive Result is any Positive Result after the "first" which is received by the MRO under any Drug, Controlled Substance or Alcohol Test administered pursuant to the Policy and filed on record with the Company. A "second" Positive Result prohibits an individual from continuing employment, being hired presently or at any time in the fiiture. SAFETY SENSITIVE POSITIONS: A Safety Sensitive Position is one in which a state of reduced capacity due to drug impairment could result in direct and significant risk of injury to the affected individual, others, Company property and/or the environment. These positions depend on alertness, quickness of response, soundness of judgment, and accuracy of coordination of multiple muscle functions and have a direct role in an operation where inappropriate performance of the task could result in harm to oneself, coworkers, invitees, property or the environment. This definition includes all individuals who are required to rotate through or within a safety sensitive area. Examples of Safety Sensitive Positions include but are not limited to: • Supervisory Roles; • All personnel working on a construction site; • Safety watch for confined space entry; • Toxic chemical haulers; • All personnel working on a mine site; • All heavy equipment operators and vehicle drivers; and • Other positions identified by the Company as being of a Safety Sensitive nature. Page 544 of 896 Subject: By: Revised Pro ram,Veci ac Information DER Approved By: Appx B Date: January 1, 2018 WendySta Teton SCREENING TEST: "Screening Test" means each of the following as well as a. initial test: b. For an Alcohol Test, a "Screening Test" means an analytical procedure to detennine whether a Driver may have a prohibited concentration of Alcohol in his or her system; For the Drug, or Controlled Substances Test, a "Screening Test" means an immunoassay screen (or other DHHS-approved test) to eliminate "negative" urine specimens from further consideration. SUBSTANCE ABUSE PROFESSIONAL or SAP: "Substance Abuse Professional" or "SAP" means a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium/Alcohol & Other Doig Abuse). All must have Imowledge of and clinical experience in the diagnosis and treatment of disorders related to Alcohol, Drug, and/or Controlled Substance use and abuse. SUPERVISOR: "Supervisor" means a management or supervisory employee. TERMINATION: "Tennination" means the termination of employment for cause as a result of Positive Results under this Policy which is a serious violation of Company safety riles. A Tennination for a serious violations of safety riles prohibits the re -hire of any individual presently or in the fiiture. Page 545 of 896 Subject: By: Revised Pro ram,Vecu ac Information DER Approved By: Appx B Date: January 1, 2018 WendySta Teton Random Percentages All Infrastructure Group Platform employees in the NON -DOT Substance Abuse Policy will be subject to random drug and alcohol testing at an annual rate of 10%. All Energy Services Platform employees in the NON -DOT Substance Abuse Policy will be subject to random drug and alcohol testing at an annual rate of 25%. All Corrosion Protection Platform employees in the NON -DOT Substance Abuse Policy willbe subject to random drug and alcohol testing at an annual rate of 50%. DER Information Aegion's Designated Employer Representatives: Corrosion Protection Platform Wendy Stapleton 1055 W. Smith Road Medina, OH 44256 (330) 241-6628 (330) 410-5233 (cell) Collection Sites Infrastructure Solution Platform Wendy Stapleton 17988 Edison Avenue Chesterfield, MO (636) 530-8014 (330) 410-5233 (cell) SEVERAL COLLECTION SITES UTILITZED. SEE THE DER Reasonable Sus icion Supervisors will use a company provided Reasonable Cause Observation Checklist. Copies of the checklist will be provided by the Safety Department. Page 546 of 896 Subject: By: Revised Pro ram,Vecu ac Information DER Approved By: Appx B Date: January 1, 2018 WendySta Teton MRO Information - The Company's Medical Review Officer is: Infrastructure & Corrosion Protection Platform Terri Hellings, MD 2800 Black Lake Pl., Ste A Philadelphia, PA 19154 EMPLOYEE ASSISTANCE PROGRAM (EAP) SRS, LLC 7939 Honeygo Blvd., Suite 200 Baltimore, MD 21236 410-668-8110 SUBSTANCE ABUSE PROFESSIONAL (SAP) SRS, LLC 7939 Honeygo Blvd., Suite 200 Baltimore, MD 21236 410-668-8110 Return to Duty Policy Aegion's written drug/alcohol policy allows for "Return to Duty" after a positive drug test or policy violation. Any employee that uses the "Return to Duty" policy will be considered ineligible for work at any clients utilizing "zero tolerance" policies. Aegion will maintain a list of their employees' designating them as eligible, ineligible, or permanently ineligible. Page 547 of 896 Applies to Corrpro Emplovees in SafeU Sensitive Positions Only Effective March 1, 2020, all applicants for initial employment, subsequent re-employment, or temporary employment in a position (see "Employees Covered cinder This Plan, Section II(A)) must pass a pre-employment drug & alcohol and hair follicle test prior to working for the company and are covered by this Policy. A Safety Sensitive position is defined in Appendix A — Glossary. Page 548 of 896 Page 549 of 896 Jan. 1, 2018 0 Initial Draft Wendy Stapleton/Todd Brabson May. 22, 2020 Appx. A Revised verbiage for Fitness for Wendy Stapleton/Todd Brabson Duty Page 549 of 896 Ij i ( o m 1 (, � �'assaull! �aylo IIV .� o sassaulll JaUlo IIV ° G O m �{ O 1 o ssoI 6upe@H o ssoI 8uueaH eO l N\, I 4-E ' o O L m J O 6ulu0slod v o 6uluoslod CO N z �� o'6,1 uo!1!Puo3 m o uollPuoO m r. 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Date Map2018Abrasive Blasting ............................................................................................................................ Map2018 ActvityIHaoard Awareness____________________________________ Map2018Asbestos Awareness ....................................................................................................................... Map2O18 Behavior Based Safety Program ..................................................................................................... Map2O18Cold Stress Prevention .................................................................................................................... Map2O18 Compressed Gas Cylinders .............................................................................................................. Map2O18 Confined Space Entry Program ....................................................................................................... Map2018 Control ofHazardous Energy (Lockout,Tagomt)............................................................................ Map2018Electrical Safety ............................................................................................................................... Map2018EnnergencYActinnPlan ................................................................................................................... Map2018 Excavation Activities and Protective Systems (Trenching & Shoring) ............................................ Map2O18 Fall Prevention and Protection ....................................................................................................... Oct2010 Fire Protection & Prevention ....................................................................................................... Map2018Hand and Power Tools .................................................................................................................... Map2O18 IHaoard Commmnication______________________________________ Map2018 Hearing Conservation Program ...................................................................................................... Map2018 IHeatStress Prevention ................................................................................................................... Map2018IHot Work ........................................................................................................................................ Map2018Hydrogen Sulfide ............................................................................................................................ Map2018 Injury, Illness, Incident Reporting & Recordkeeping...................................................................... Map2018Ladder & Stairway Safety ................................................................................................................ Map2018Lead ................................................................................................................................................. Map2018Machine Guarding .......................................................................................................................... Oct2O1O Permanent & Temporary Lighting ................................................................................................ Map2018 Personal Protective Equipment (PPE)............................................................................................. Map2018 Powered Industrial Trucks (PUT)...................................................................................................... Ta I Rev. Date Oct -2010 Process Safety Management Mar -2018 Respiratory Protection .................................................................................................................... Apr — 2020 Respiratory Protection Attachment G 11 iitlle 8 Calffoirniia Code of IRRguladons ..................... ---- Oct-2010 Rigging & Sling Safety ...................................................................................................................... Oct -2010 Safety Process Structure & General Procedures ............................................................................. Mar -2018 Scaffolds & Work Platforms ................................................ Mar -2018 Site Specific Safety Plan ..................................................... Mar -2018 Temporary Heating .............................................................................................. Mar -2018 Transportation and Driver Safety .. Mar -2018 Walking Working Surfaces .............. Mar -2018 Work Place Violence ...................... Mar -2018 Work Zone Safety & Traffic Control Page 556 of 896 CAROL HENZLER SENIOR ACCOUNT MANAGER May 28, 2020 To Whom It May Concern RE: Insituform Technologies, LLC (a subsidiary of Aegion Corporation) Insituform Technologies USA, LLC (a subsidiary of Insituform Technologies, LLC) Following is our insured's "interstate" experience mod rating factors, based on worksheets received and promulgated by NCCI: Effective Expiration Promulgated Factor 7/1/20 7/1/21 4/24/20 .79 The experience rating for above referenced entities are combined with Aegion Corporation subsidiaries. Sincerely, LOCKTON COMPANIES, LLC Carol Henzler, CIC Senior Account Manager Phone #314-812-3284 Fax #314-812-6584 .`,, O'900 `d oui,,. ock,tonxornf Page 557 of 896 F'MA A E G 10 �N' �COATING SERVICES Stronger. Safeir. Wrastructure: IFA FIBRWR-----AP' M AEGION" - — --------------- - Stroinger, Safer, wrastructure: F A M: A A E G 10 N' 696 insituform. Strange r, Safer. Infrastructure! FA A m AMON Un,deqiorounid Solutions- Stran9pr. Sifw:. ffifuhstruc tam r e.' FA m AEGION' calrrpra- Strainger. Safer. Wirastrmhore: FFA M AEGIONO Stronger. Safer. Wrastructure.1 A AEGION' Stronger. Safer. Wrastructour e: JPFA M AEGION" U11111111011' MURVINNUMM Sironger. Safer. Infrastructure: SUBSTANCE ABUSE POLICY & PROCEDURES Department of Transportation (FMCSA) Includes DOT regulated vehicles 26,001 lbs. GVWR or greater January 1, 2018 Revised May 22, 2020 Page 558 of 896 Subject: Table of Contents By: DER Revised Date: January 1, 2018 Approved By: Alcohol SECTION I—STATEMENT OF PLAN SECTION 2—SCOPE 2.0 Employees covered cinder this plan 2.1 Prohibited drugs 2.2 Prescribed medication 2.3 Refusal to submit 2.4 Doig and/or alcohol test or testpositive/negative 2.5 Reporting test results 2.6 Lawful medications/substance SECTION 3—QUALIFICATIONS FOR EMPLOYMENT AND PROHIBITED CONDUCT 3.0 Prohibited conduct 3.1 Disqualifications 3.2 Alcohol 3.3 Searches and investigations 3.4 Reporting SECTION 4—DRUG TEST REQUIRED 4.0 Pre-employment 4.1 Post -accident 4.2 Random 4.3 Reasonable cause 4.4 Return -to -duty 4.5 Follow-up Test 4.6 Refusal to submi Chi subordination SECTION 5—SPECIMENT COLLECTION PROCEDURES 5.1 Urine specimen collection 5.2 Collection procedures 5.3 Protocol for alcohol testing Page 559 of 896 Subject: Table of Contents (Continued) By: DER Revised Date: January 1, 2018 Approved By: Confirmatory test SECTION 6—TESTING METHODOLOGY 6.0 Appropriate laboratory 6.1 Initial test 6.2 Confirmatory test 6.3 Reporting Procedures 6.4 Specimen Retention SECTION 7—REVIEW OF DRUG TEST RESULTS 7.0 Medical review officer qualifications 7.1 MRO Duties 7.2 Action of positive test results 7.3 MRO determinations 7.4 Disclosure of information 7.5 Self -disclosure SECTION 8—DISCIPLINE 8.0 Pre-employment 8.1 Reasonable cause 8.2 Post -accident 8.3 Random 8.4 Return -to -duty 8.5 Refusal to submit/Insubordination 8.6 Alcohol – levels of disciplinary action SECTION 9—EFFECTS OF DRUGS AND ALCOHOL ON THE BODY 9.0 Brain chemistry 9.1 Health complications 9.2 Injuries and death SECTION 10—EMPLOYEE ASSISTANCE, TRAINING, AND EDUCATION 10.0 Employee assistance program 10.1 Education 10.2 Training 10.3 Insurance benefits Page 560 of 896 Subject: Table of Contents (Continued) By: DER Revised Date: January 1, 2018 Approved By: SECTION 11—CONFIDENTIALITY SECTION 12—RECORDKEEPING SECTION 13—ADMINISTRATION APPENDIX A. Glossary B. Employee Policy Acknowledgement C. DER information Page 561 of 896 Subject: Statement of Plan By: DER Revised Date: January 1, 2018 Approved By: 1 Pursuant to Corporate Policy and the Drug -Free Workplace Act of 1988, Aegion Technologies, Inc. and its controlled affiliates and subsidiaries ("Company") pledges itself to the following policy: The unlawful manufacture, distribution, possession, sale and/or use of certain banned, illegal, unauthorized, illicit Drugs, Controlled Substance or Alcohol is prohibited during working hours or on Company premises or any workplace or worksite. Alcohol will only be permitted when authorized by an Officer of the Company or his/her designee for specific Company functions. Any violation of this Policy will result in discipline up to and including discharge. As a condition of employment, each employee must abide by the terms of this Policy, and employees in safety -sensitive positions must notify the Company of any criminal Doig, Controlled Substance or Alcohol statute conviction immediately, subject to applicable state and local law. Any Employee so convicted, or any Employee found violating the Company's established Policy, may be subject to discipline up to and including discharge. The purpose of this Policy is to help prevent accidents and injuries resulting from the misuse of Alcohol and/or the use of banned, illegal, unauthorized, or illicit Drugs and/or Controlled Substances by all employees of the Company. The Company reserves the right, with or without notice, to change, to expand, to reduce, or to eliminate this Policy at any time and from time to time as it detennines to be appropriate. Page 562 of 896 Subject: Scope By: DER Revised Date: January 1, 2018 Approved By: 2 2.0 Employees Covered Under This Plan "Employee" means any person who is designated in a DOT agency regulation as subject to drug and/or alcohol testing. All Employees who are or may be subject to the provisions of this Policy will be provided with access to a copy of this Policy prior to its implementation and/or at the time they are hired. An Employee shall not be permitted to perforin a safety -sensitive function and/or may be relieved of all ditties if he/she has engaged in conduct prohibited by this Policy. This Policy applies to every Company Employee. 2.1 Prohibited Drugs The presence in the body, possession, use, distribution, dispensing, and/or unlawful manufacture of prohibited drugs is prohibited while conducting Company business, or while in work areas, while operating a vehicle on behalf of the Company, or while in Company vehicles at any time. No Employee will work under the influence of prohibited drugs. The wearing, possessing or carrying of drug paraphernalia items on Company premises or while conducting Company business is prohibited. These items can include, but are not limited to, roach clips, pipes designed for smoking illicit drugs, cigarette rolling papers used to roll illicit drugs or injection needles used for nonmedical reasons. Prohibited drugs means any of the following substances in Schedule 1 or 2 of the Controlled Substance Act: Marijuana metabolites, Cocaine metabolites, Amphetamines, Opiate metabolites, Phencyclidine (PCP) Any person discovered to be in violation of these prohibitions is required to cease conducting Company business, refrain from operating any vehicle on behalf of the Company, and to leave work areas immediately. An Employee in violation of these prohibitions will be subject to appropriate disciplinary action in accordance with Section VIII., entitled "Discipline". Page 563 of 896 Subject: Scope By: DER Revised Date: January 1, 2018 Approved By: 2 2.2 Prescribed Medication The Company will not require an employee to reveal any medication that he/she may be taking or may have recently taken except as described in Section II(H) of this Policy; however, the employee may provide that information to the Medical Review Officer ("MRO") as part of the medical interview following a positive report from the laboratory. Prior to making a final decision to verify a positive test result, the employee will have the opportunity to discuss the use of the medication with the company's MRO. In the event it is determined by the MRO that an Employee is taking or is under the influence of a prescribed medication that will reasonably impair the Employee's ability to safely and adequately perform his/her job, the Employee may be placed on a medical leave of absence until the condition requiring the taking of the medication is resolved or the Employee is no longer taking the medication, which may require a release from a doctor. Employees in safety -sensitive positions who are prescribed and use narcotics or marijuana fog° medicinal Purposes should discuss their situation with Human Resources. The Company will work with the employee to determine whether a reasonable accommodation exists that would enable the employee to pe�fortn the material duties of his/her position without the need,for substances prohibited under this policy. 2.3 Refusal to Submit Test Employee or applicant who: 1) refuses to take a required drug and/or alcohol test; 2) without a legitimate reason fails to report to the collection site; 3) without a medical reason fails to provide an adequate specimen of 30 milliliters or an adequate breath sample, 4) adulterates or substitutes a urine test; or 5) fails to cooperate with the collection process at the collection site. 2.4 Drug and/or Alcohol Test of Positive/Negative Fail a Drug and/or Alcohol Test or Tests Positive means that the confirmation test result shows positive evidence of the presence of a prohibited drug in the employee's or applicant's system or an alcohol concentration of 0.02 or greater. Pass a Drug and/or Alcohol Test or Tests Negative means that initial testing or confirmation testing does not show evidence of the presence of a prohibited drug in the employee's or applicant's system or does not show evidence of alcohol. Page 564 of 896 Subject: Scope By: DER Revised Date: January 1, 2018 Approved By: 2 2.5 Reporting of Test Results The Medical Review Officer (MRO) shall communicate test results to a Third -Party Administrator. The Third -Party Administrator and/or the MRO shall then immediately report the test results to the company's Designated Employer Representative. (DER) 2.6 Lawful Medications/Substance Employees are obligated to report to their Human Resources representative any prescribed or over- the-counter medication that impairs or likely to impair the employee's ability to safely and effectively perform his or her job duties. An employee who fails to report such medication to his or her Human Resources representative may be subject to discipline up to and including tennination. The company has the right to aper j ob duties, to the extent practical, during the period in which the employee is impaired by a legal medication or substance, or may remove the employee from the work site. Page 565 of 896 Subject: By: Revised Qualifications for Emzployment and Prohibited DER Conduct Date: January 1, 2018 Approved By: 3 3.0. Prohibited Conduct An employee and/or applicant who fails a drug and/or alcohol test required cinder this Plan or who refuses to take a drug and/or alcohol test required under this Plan is subject to disciplinary action up to and including termination. 3.1 Disqualification Any employee or applicant who tests positive or refuses to submit to any drug and/or alcohol test required under this Plan is subject to disciplinary action up to and including termination. 3.2 Alcohol The use and/or possession of alcohol on Company premises, while conducting Company business, while operating any vehicle on behalf of the company, or reporting to work while under the influence will not be tolerated. Additionally, for employees in jobs that affect the public's sense of confidence in the Company, excessive use of alcohol in public or inappropriate conduct in public due to the influence of alcohol is prohibited. Violations of the Company's policies concerning alcohol may result in discipline up to and including discharge. Any employee whose actions, appearance, or conduct while in the performance of job duties, including the operation of a vehicle, are indicative of the use of alcohol may be relieved of their duties immediately. As a protection to the employee, it is the responsibility of each employee who is called back to work during an unscheduled call-back to notify the Supervisor at the time of the call if he/she has consumed alcohol. Employees called back may refuse, without discipline, to report for work if they believe their abilities are sufficiently impaired by the use of alcohol that working is inadvisable. Employees reporting for an unscheduled call-back may be sent home, without discipline, if it is determined before the employee begins to work (by the employee's admission or in the judgment of the Supervisor) that the employee's abilities are so impaired. Once the employee begins working, however, the employee is subject to discipline up to and including discharge for working under the influence of alcohol if he/she did not report the use of alcohol to the Supervisor. If an employee reports to work under the influence of alcohol (by the employee's admission or in the judgment of the Supervisor), the employee should be transported home. In the event no one is available to transport the employee, then alternate transportation, such as a taxi, shall be arranged. If the employee refuses to agree to any of these procedures and attempts to operate his/her own vehicle, the Supervisor will make appropriate efforts to discourage the employee from doing so, up to and including contacting local law enforcement officials. Page 566 of 896 Subject: By: Revised Qualifications for Employment and Prohibited DER Conduct Date: January 1, 2018 Approved By: 3 3.3 Searches and Investigations In order to accomplish the purpose of this policy, the Company reserves the right, subject to state and local law, to carry out searches of individual employees and their personal effects when employees are on company premises or in any Company vehicle, while employees are on duty, or while employees are at a job site of a customer. Personal effects of employees include, but are not limited to, personal vehicles, baggage, lockers, toolboxes, hunch pails, coolers, briefcases, and desks. Searches by the Company may be initiated without prior notice and conducted at times and locations as deemed appropriate by the Company. Employees have the right to refuse being searched or having their personal effects searched or to cooperate in the requested tests; however, refusal to allow such searches or to cooperate in such lawfully permitted tests by any employee will be cause for disciplinary action up to and including termination. For purposes of initiating an investigation related to the violation of this policy, the Company may act upon information that, in the good faith judgment of the responsible Company management, justifies further investigation. During an investigation, employees may be requested to cooperate and provide a urine test or submit to a breath analysis. Any employee determined by the Company to be in violation of this policy, without an explanation satisfactory to the Company, will be subject to disciplinary action up to and including termination. 3.4 Reporting As a condition of employment, each employee must abide by the terms of this Policy, and employees in safety -sensitive positions must notify the Company of any criminal Doig, Controlled Substance or Alcohol conviction immediately. Any Employee so convicted, or any Employee found violating the Company's established Policy, may be subject to discipline up to and including discharge. An employee who drives on behalf of the company, who is cited and receives a suspension or revocation or curtailment of driving privileges, shall immediately notify the employer of such violation. The Company shall, upon such notice, take appropriate personal action up to an including termination. Page 567 of 896 Subject: Drug Test Required By: DER Revised Date: January 1, 2018 Approved By: 4 All Alcohol, Drug and Controlled Substances Tests will comply with the Company procedures and those of Tide 49 CFR Part 40. Drug or Controlled Substance Tests required to be administered to Employees may be administered at any time. 4.0 Pre-employment As a condition of employment, an individual applying for a position requiring the performance of Safety -Sensitive Functions shall, at the request of the Company, provide written authorization in accordance with the FHWA'S Rules and Regulations concerning use of Alcohol, Drugs, and Controlled Substances and Alcohol and advised of the Company's Policy and Screening Tests as follows: a for previous employer(s) to release to the Company any and all Alcohol, Drug and Controlled Substance test results while employed with the previous employer(s), including records of the individual's refusal to test; b. for records of a Substance Abuse Professional findings (re: a Drivers' need for assistance); C. for records of a Drivers' compliance with recommendations of a Substance Abuse Professional. All applicants for initial employment, subsequent re-employment, or temporary employment in a position (see "Employees Covered under This Plan, Section IL A.) must pass a pre-employment drug test prior to working for the Company and are covered by this Policy. All applicants will be notified, at the time they complete a job application, that they will be required to submit to a drug test if they are considered otherwise qualified for employment and that they will be subject to the terms and conditions of this Policy if they are ultimately hired. No applicant will be hired into a position unless he/she passes a pre-employment drug test (see Section VIII., A. entitled "Pre-employment"). In the event of a Positive Pre -Employment Test Result, the applicant will not be considered for employment presently or for a period of one year following the confirmed positive. Re -testing for pre-employment due to a Positive Result is prohibited. 4.1 Post -Accident All reasonable steps will be taken to obtain a urine and/or breath specimen test from an Employee after a preventable incident, pursuant to applicable federal, state, and local laws. If a test is required, a drug test must be administered within 32 hours and an alcohol test must be administered within 8 hours. In the case of a conscious but hospitalized Employee, the Company Page 568 of 896 Subject: Drug Test Required By: DER Revised Date: January 1, 2018 Approved By: 4 will request that the hospital or medical facility perforin a post -accident test, following proper chain -of -custody. Employees must refrain from rising alcohol for eight hours following an accident sinless the Employee has already been alcohol tested. If an Employee who is subject to post -accident testing is conscious, able to urinate normally (in the opinion of a medical professional) and refuses to be tested, that Employee shall be removed from his/her position and shall be subject to discipline according to Section VIII(C). While waiting for an Employee's drug and/or alcohol test results that Employee will be removed from all safety sensitive functions including Company vehicles or driving on behalf of the Company until the drug and/or alcohol test results are confirmed negative for prohibited drugs or alcohol_ If the Employee's test result is negative, the Employee may return to work at the discretion of the Company. "Post -Accident Test" means a test for banned, illegal, unauthorized, illicit Drugs, Controlled Substances and/or Alcohol administered to a Company Employee following a work injury or vehicular incident. For purposes of this Policy, anytime an employee is injured or involved in damage to property, an investigation will be conducted. If the Company has reasonable suspicion that alcohol and/or drugs were a factor in the incident, drug and alcohol testing may be performed. The safety manager will make this detennination. 4.2 Random Where allowed by law, employees in "covered" positions will be subject to random testing at any time with no advance notice. The random selection process will be administered by a Third -Party Administrator, to ensure each Employee the same fair and equal chance of being selected. An Employee randomly selected will be notified of the selection and instructed to immediately (not to exceed 2 hours from notification) go to the designated testing site. Random alcohol and drug testing will be conducted quarterly and will be administered at a regulated percentage annualized rate. If an employee tests positive in a random drug or alcohol test, his/her discipline will be handled according to Section VIILD entitled "Random". California employees not involved in safety -sensitive functions are exempt from Random testing, in accordance with California state law. Page 569 of 896 Subject: Drug Test Required By: DER Revised Date: January 1, 2018 Approved By: 4 4.3 Reasonable Suspicion The Company will require a drug and/or alcohol test for an Employee when there is reasonable suspicion to believe that the Employee is using a prohibited drug and/or alcohol. However, the decision to test must be based on a reasonable and articulable belief that the Employee is using a prohibited drug and/or alcohol. The basis for testing must be of specific, contemporaneous physical, behavioral or performance indicators of probable drug and/or alcohol misuse. The observations required by the paragraph above must be made during, just preceding, or just after the period of the work day that the Employee or Driver is required to be in compliance with this Policy. No Employee or Driver shall be subject to a Reasonable Suspicion Test for Alcohol later than eight (8) hours following the detennination that reasonable suspicion exists to require the employee or Driver to undergo such test. For instance, evidence of repeated errors on the job, Company rile violations, unsatisfactory attendance or punctuality patterns, if coupled with a specific contemporaneous event that indicates probable drug and/or alcohol use, could provide reasonable suspicion to test an Employee. The conduct should be witnessed by at least two or more trained supervisors or management employees, if possible. If not possible, only one trained supervisor of the Employee can substantiate the decision to test for reasonable suspicion. The recommendation for a drug and/or alcohol test must be reviewed with the Safety Department & Human Resources representative. following the review with Safety and Human Resources, the Employee shall be ordered to submit to drug and/or alcohol testing. A written record shall be made of the observations leading to Reasonable Suspicion Test for Drugs or Controlled Substances shall be signed by the Trained Supervisor or Trained Company Official who made the observations within twenty-four (24) hours of the observed behavior or before the results of the Drugs and/or Controlled Substance Test are released, whichever is earlier. Third -party reports that an Employee is impaired in his/her duties due to the use of prohibited drugs and/or alcohol shall not constitute reasonable suspicion but may be cause for the observation of the Employee. In any reasonable suspicion circumstance, the Employee to be tested will be transported to an appropriate collection site facility. The Employee will then be transported back to the Company premises, where a spouse, family member or other individual will be contacted to transport the Employee to his/her home. In the event no such individual is available, the Company will contact a taxi to transport the Employee home or be transported by a Company supervisor. If the Employee refuses to agree to any of these procedures and attempts to operate his/her own vehicle, the Company will make appropriate efforts to discourage the Employee from doing so, Page 570 of 896 Subject: Drug Test Required By: DER Revised Date: January 1, 2018 Approved By: 4 up to and including contacting local law enforcement officials. Any Employee failing to cooperate with any of these procedures described above will be subject to disciplinary action, up to and including tennination of employment. While waiting for an Employee's drug and/or alcohol test results that Employee must be removed from his/her position until the drug and/or alcohol test results are confirmed negative for prohibited drugs and/or alcohol If the Employee tests positive, his/her discipline will be handled according to Section VIII(B).". If the Employee tests negative, the Employee may return to work at the Company's discretion. Page 571 of 896 Subject: Drug Test Required By: DER Revised Date: January 1, 2018 Approved By: 4 4.4 Return -to -Duty / Follow -Up Testing Return -to -Duty means if an Employee has an Alcohol Test result indicating an Alcohol Concentration of 0.02 or greater, but less than 0.04, the Employee shall be prohibited from performing a Safety -Sensitive Function for a minimum of 24 hours. At the sole discretion of the Company, an Employee shall be prohibited from performing a Safety -Sensitive Function until he or she has undergone a Return -to -Duty Test for Alcohol with a test result of less than 0.02. An Employee who has undergone an Alcohol Test with a result of 0.04 or greater or who has a confirmed Positive Result for Drugs or Controlled Substances shall be terminated. At the sole discretion of the Company, the Employee shall be eligible for rehire subject to the following and to the Follow -Up Testing provisions in Section VI(G), below: A. The Employee has been away from work thirty (30) days and, at their expense, evaluated by the Company Substance Abuse Professional who shall detennine the adequacy of the assistance, if any, the Employee or Driver received in resolving problems associated with Alcohol misuse and/or use of Drugs and/or Controlled Substances; and B. Following a detennination by the Substance Abuse Professional that the Employee received proper assistance in resolving problems associated with Alcohol misuse and/or use of Drugs and/or Controlled Substances and has complied and remains in compliance with any and all prescribed or recommended rehabilitation and/or treatmentprograuns. C. If the Employee has violated the Alcohol prohibitions the Employee shall undergo Return -to -Duty Test for Alcohol with a result indicating an Alcohol Concentration of 0.02 or less before returning to duty; and D. If the Employee has violated the Controlled Substances prohibitions he or she has undergone a Return -to -Duty Test for Drugs and/or Controlled Substances with a result indicating a verified negative result for use of drugs and/or Controlled Substances before returning to duty. E. If rehired the Employee shall be subject to a Return -to -Duty Test for Alcohol misuse and/or use of Drugs and/or Controlled Substances if the Substance Abuse Professional detennines testing for Alcohol, Drugs and Controlled Substances is necessary. Page 572 of 896 Subject: Drug Test Required By: DER Revised Date: January 1, 2018 Approved By: 4 4.5 Follow-up Test An Employee who has undergone an Alcohol Test with a result of 0.04 or greater or who has had a confirmed Positive Result for Drugs and/or Controlled Substances, and who is subject to, and has complied with the rehire and Return -to -Duty Test requirements, shall, at the sole discretion of the Company, be permitted to return to work subject to thefollowing: a The Employee has been evaluated by the Company Substance Abuse Professional who shall detennine that assistance, if any, the Driver received in resolving problems associated with Alcohol misuse and use of Drugs and/or Controlled Substances was adequate; b. The Employee has been evaluated by the Substance Abuse Professional to detennine whether the Driver properly followed the substance abuse program recommended by the Substance Abuse Professional; c. The Employee shall be subject to unannounced Follow -Up Testing; d The number and frequency of such Follow -Up Tests shall be detennined by the Substance Abuse Professional, and shall consist of at least six tests in the first 12 months following the Driver's return to duty; e The Substance Abuse Professional may tenninate such tests at any time after the first six tests have been administered if he or she detennines the tests are no longer necessary. Follow -Up Tests shall not exceed 60 months after the Employee or Driver's return to duty; The Employee shall be subject to such Follow -Up Tests for Alcohol misuse and use of Drugs and/or Controlled Substances if the Substance Abuse Professional detennines testing for both Alcohol and Controlled Substances is necessary. An Employee who refuses to take a drug and/or alcohol test (considered a positive test result) or who does not pass a drug and/or alcohol test, may not return to duty until he/she passes a return - to -duty drug and/or alcohol test. An Employee who returns to duty after a positive test will be subject to a reasonable program of follow-up drug and/or alcohol testing without prior notice for up to 60 months. See Section VIII(E). Page 573 of 896 Subject: Drug Test Required By: DER Revised Date: January 1, 2018 Approved By: 4 4.6 Refusal to Submit/Insubordination Any employee who refuses to submit to any drug and/or alcohol test required cinder this Plan will be treated as if he/she had tested positive in any such test. The employee's discipline will be handled according to Section VIII(F). Refusal to submit shall include: 1) failure of employee to report to collection site without a legitimate reason; 2) failure to provide an adequate specimen or leave the collection site facility without a legitimate medical reason; 3) employee's refusal of the company's initial request to submit to any required drug and/or alcohol testing; 4) adulteration or substitution of a urine test, and 5) employee's refusal to provide a specimen and/or cooperate with the collection process at the collection site. Failure of Employee to Report to Collection Site If an employee fails to appear for a scheduled collection, the collection site personnel shall immediately notify the Company's DESIGNATED EMPLOYER REPRESENTATIVE by telephone, who in turn shall immediately contact the employee's supervisor. The Company shall initiate appropriate disciplinary action in accordance with Section VIII(F). EmDlovee Refusal to Provide Specimen at the Collection Site In the event an employee refuses to provide a specimen, the following procedures shall apply. a. The employee shall be informed by the collection site personnel that: (1) The Company's DESIGNATED EMPLOYER REPRESENTATIVE will be contacted; and (2) He/she is to report back to the work site supervisor and await further instructions. b. The collection site personnel shall immediately notify the Company's DESIGNATED EMPLOYER REPRESENTATIVE by telephone and document the refusal in writing on the Chain -of -Custody Form. C. DESIGNATED EMPLOYER REPRESENTATIVE shall notify the employee's supervisor and Human Resources representative. The Human Resources representative shall initiate appropriate disciplinary action in accordance with Section VII(F). Page 574 of 896 Subject: Drug Test Required By: DER Revised Date: January 1, 2018 Approved By: 4 Failure of Employee to Provide an Adequate Specimen or Leave the Collection Site Facility If the employee fails to provide a sufficient quantity of urine, at least 45 milliliters, the following procedures shall apply. a. The employee shall remain at the collection site and be given a reasonable period of time to provide a specimen. As a general rile, the employee will be allowed up to three (3) hours. b. Employees shall be asked to drink fluids (up to 40 ounces) to facilitate urination. During the waiting period, the employee will remain at the collection site under supervision at all times. C. If at the end of the waiting period the employee still cannot provide a specimen of sufficient quantity, this inability shall be recorded by the collection site personnel on the Chain -of -Custody Form as failure to provide a specimen. d. The MRO, upon receipt of his/her copy of the Chain -of -Custody Form, shall contact the Employee for any medical justification that may exist to explain why the Employee failed to provide a specimen. If the MRO believes the Employee's justification is medically acceptable, no further action shall be taken against the Employee. If the MRO believes there is no medical basis for the failure to provide a specimen, the MRO shall so notify SUBSTANCE ABUSE MANAGER. e. The DESIGNATED EMPLOYER REPRESENTATIVE shall contact the employee's supervisor and Human Resources representative. The Human Resources representative shall initiate appropriate disciplinary action in accordance with Section VIILF. Entitled "Refusal to Submit/Insubordination". If the employee arrives at the collection site and fails to provide a sufficient quantity of urine, or without a medical reason prior to supplying the requisite sample leaves the collection site, the following procedures shall apply. a. The clinic will contact the DESIGNATED EMPLOYER REPRESENTATIVE and inform them that the employee failed to remain at the collection site will be reported to the MRO has a refusal to submit. Refusal to Submit carries the same ramifications as a positive result. Page 575 of 896 Subject: Drug Test Required By: DER Revised Date: January 1, 2018 Approved By: 4 Employee Refusal to Submit to Testing a If an employee refuses the company's initial request to submit to any required drug and/or alcohol test, the employee will be suspended without pay and immediately removed from his/her position, and shall be subject to disciplinary action in accordance with Section VIILF. Entitled "Refusal to Submit/Insubordination". All required testing to be performed under this policy will be conducted in the same manner and follow the same procedures as stated in Section V of this Policy. This Policy sets a minimum standard and more stringent procedures can be implemented if required by any project owner or the Company in its complete discretion. Page 576 of 896 Subject: Specimen Collection Procedures By: DER Revised Date: January 1, 2018 Approved By: 5 5.1 Urine Specimen Collection Any person requested to undergo a drug test will be required to provide a urine specimen at a Designated collection site. In order to ensure integrity of the specimen collection procedure, a standard Chain -of Custody Form will be used. This form shall be completed by the Employee and the Company or collection site personnel. The form will be completed by the person responsible for collecting the urine specimen and will then be forwarded along with the urine specimen to a designated laboratory, which will conduct the actual drug test. The laboratory will then forward a copy of the Chain -of -Custody Foran to the Medical Review Officer, who will review it when analyzing any positive test results. The Company will retain a copy of the Chain -of -Custody Form for each drug test it conducts. The Chain -of -Custody must be completed by every person who handles or otherwise comes into contact with the urine specimen. All urine will be collected in a clean, single -use specimen bottle that is securely wrapped until filled with the specimen. A clean single -use collection container (e.g. disposable cup or sterile urinal) that is securely wrapped until used may also be employed. If urination is directly into the specimen bottle, the specimen bottle shall be provided to the Employee still sealed in its wrapper or shall be unwrapped in the Employee's presence immediately prior to its being provided. If a separate collection container is used for urination, the collection container shall be provided to the Employee still sealed in its wrapper or shall be unwrapped in the Employee's presence immediately prior to its being provided; and the collection site person shall unwrap the specimen bottle in the presence of the Employee at the time the urine specimen is presented. 5.2 Collection Procedures Designated Collection Sites The Company will utilize an approved collection site which will have the personnel, materials, equipment, facilities and supervision necessary to provide for the collection, security, temporary storage and shipping of urine specimens to a DHHS-certified laboratory for testing. Supervisory Collections Unless it is impractical for any other individual to perforin this function, a direct supervisor of an Employee shall not serve as the collection site person for a test of the Employee. Page 577 of 896 Subject: Specimen Collection Procedures By: DER Revised Date: January 1, 2018 Approved By: 5 Individual Privacy Collection procedures allow urine specimens to be provided by the individual in private, unless there is reason to believe that the individual may alter or substitute the specimen, as set forth below. Circumstances REQUIRING Direct Observation A second specimen of urine will be obtained as soon as possible under the direct observation of a same gender collection site person whenever there is reason to believe that a particular donor has altered or substituted the specimen under the following circumstances. (1) The donor has presented a specimen which falls outside the allowable temperature ranges (32 degrees - 38 degrees C/90 degrees - 100 degrees F.), and (a) The donor declines to provide a measurement of oral body temperature, or (b) The donor's oral body temperature varies by more than 1 degree C/1.8 degrees F from the temperature of the specimen. (2) The collection site person observes donor conduct clearly and unequivocally indicating an attempt to substitute or adulterate the specimen. When it is necessary to collect a second specimen of urine, the donor may find it difficult to immediately give another specimen. In such cases, the donor is to remain at the designated collection site (in no event longer than eight hours), and be given fluid to drink. Circumstances When Direct Observation of Collection will be OPTIONAL Under certain circumstances, collection of a second specimen of urine may be required. A collector of the same gender as the donor will observe this second collection of urine if a higher- level supervisor of the collection site person, MRO or a designated Company management official, have reviewed and concurred in advance with any decision by the collection site person to obtain a specimen under direct observation. The circumstances are as follows: Page 578 of 896 Subject: Specimen Collection Procedures By: DER Revised Date: January 1, 2018 Approved By: 5 (1) The last urine specimen provided by the donor on a previous occasion was determined by the DHHS certified laboratory to have a specific gravity of less than 1.003 and a creatinine concentration below .2g/L, or (2) The donor has tested positive in a prior drug test and the particular test being conducted was either a return -to -duty test or an unannounced follow-up test (post -rehabilitation). Specimen Integrity and Identity The Company, the Employee and the collection site shall take appropriate precautions to preserve the integrity and identity of the urine specimen by ensuring that it is not adulterated or diluted during the collection procedure and that the urine specimen tested is that of the person from who it was collected. Collection site personnel will be responsible for maintaining the integrity of the specimen collection and transfer process, but Employees are expected to cooperate with collection site personnel and to exercise good faith in conjunction with the written specimen collection procedures. When an individual arrives at the collection site, the collection site personnel shall ensure that the individual is positively identified as the Employee selected for testing through presentation of photo identification. If the individual's identity cannot be established, the collection site personnel shall not proceed with the collection. If the Employee requests, the collection site personnel shall show his/her identification to the Employee. Employees shall provide at least 45 ml of urine for testing. Employees or Drivers who fail to provide at least 45 ml of urine shall be subject to the provisions of page 9, section F, number 3. The Collection Site person shall divide the specimen into two containers. One container shall contain at least 30 ml of urine and shall be the primary specimen. The other container shall contain at least 15 ml of urine and shall be the split specimen. Collection Control The collection site person shall keep the individual's specimen bottle within sight both before and after the individual has urinated. After the specimen is collected, it shall be properly sealed and labeled. The Chain of Custody Form shall be used for maintaining control and accountability of each specimen from the point of collection to final disposition of the specimen. The date and purpose shall be documented on an approved Chain -of -Custody Form each time a specimen is handled or transferred and every individual in the chain shall be identified. Every effort shall be made to minimize the number of persons handling specimens. Page 579 of 896 Subject: Specimen Collection Procedures By: DER Revised Date: January 1, 2018 Approved By: 5 Transportation to Laboratory Collection site personnel shall arrange to ship the collected specimens to the drug testing laboratory. The specimens shall be placed in a container designed to minimize the possibility of damage during shipment (e.g., specimen boxes and/or padded mailers), and those containers shall be securely sealed to eliminate the possibility of undetected tampering. On the tape sealing the container, the collection site person shall sign and enter the date the specimens were sealed in the containers for shipment. The collection site person shall ensure that the chain -of -custody documentation is attached to each container sealed for shipment to the drug testing laboratory. Failure to Cooperate If the Employee refuses to cooperate during the collection process (e.g., refusal to provide a complete specimen, complete paperwork, initial specimen) the collection site person shall inform the Company and shall document the non-cooperation on the Chain of Custody Form. Employees are expected to exercise good faith and cooperate during the collection process and failure to do so will be treated the same as a positive test, the Employee will be removed from his/her position, and will be subject to disciplinary action up to an including termination. Any Employee required to provide a urine specimen will be expected to complete any necessary forms required by the collection site or the Company, including those authorizing the disclosure of test results to the Company. Failure or refusal to do so will result in disciplinary action up to and including termination as set forth in Section VIILF. Entitled "Refusal to Submit/Insubordination". Employees Requiring Medical Attention If the specimen is being collected from an Employee in need of medical attention (e.g., as part of a post -accident test given in an emergency facility), necessary medical attention shall not be delayed in order to collect the specimen. For additional information on collection procedures for injured Employees see Section IV.B entitled "Post -Accident". 5.3 Protocol for Alcohol Testing The initial and confirmation tests shall be administered by alcohol testing devices listed on the National Highway Traffic Safety Administration (NHTSA) conforming products list. Evidential breath testing devices (EBT) shall be calibrated according to the protocol as recommended by the manufacturer. Written calibration records shall be strictly maintained by the owner of the equipment. Page 580 of 896 Subject: Specimen Collection Procedures By: DER Revised Date: January 1, 2018 Approved By: 5 The individual administering the test shall be trained and qualified to operate the alcohol testing device(s). The initial test may be performed using either an evidential or non -evidential alcohol testing device. If the initial test is 0.02% blood alcohol concentration (BAC) or above, then a second confirmation test shall be performed using an evidential breath test device. Before the confirmation test, a fifteen -minute waiting period shall be observed. The purpose of the waiting period is to ensure that the presence of mouth alcohol does not artificially raise the test result. The wait time between the initial and confirmatory test shall not exceed thirty minutes. If the confirmation result is 0.02% BAC or greater, then the Employee shall immediately be removed from performing his/her duties. Arrangements shall be made for the Employee's safe transportation home. A confirmed result of 0.04% BAC or higher is considered a positive result. A result of 0.02% blood BAC or higher, but lower than 0.04% BAC requires that the Employee be removed from the work site until a subsequent test yields a result of less than 0.02% or until the Employee's next duty shift. Page 581 of 896 Subject: Testing Methodology By: DER Revised Date: January 1, 2018 Approved By: 6 6.0 Appropriate Laboratory All urine specimens to be tested for the presence of prohibited drugs must be analyzed by the DHHS laboratory certified under the DHHS Mandatory Guidelines for Federal Workplace Drug Testing Programs. All drug tests required by the company will therefore be shipped for analysis to the laboratory listed below: Clinical Reference Laboratory 8433 Quivira Lenexa, Kansas 66215 6.1 Initial Test All urine specimens will be initially tested for the use of prohibited drugs by an immunoassay test, which will eliminate negative urine specimens from further consideration. Any positive test results in an initial test will be subject to confirmation through an additional, more precise and accurate testing methodology. The cut-off levels set forth below will be used for the initial testing of specimens to determine whether they are negative for the following drugs: 6.2 Confirmatory Tests Any urine specimen identified as positive on the initial test will be confirmed by a second analytical procedure independent from the initial test and which uses a different chemical technique and procedure. The Company will use gas chromatography/mass spectrometry to confirm initial positive test results. The cut-off levels set forth above will be used to establish the existence of a "confirmed positive" test result. Any initial positive result which is not confirmed as positive under the above cut-off levels will be deemed negative. Page 582 of 896 Class of Drug Initial Test Cutoff (ng/ml) Confirmation (ng/ml) I. Amphetamines 500 ng/ml 250 ng/ml 2. Cocaine 150 ng/ml 100 ng/ml 3. Opiates 2000 ng/ml 2000 ng/ml 4. Cannabinoids 50 ng/ml 15 ng/ml 5. PCP 25 ng/ml 25 ng/ml 6. 6-Acetylmorphine (Heroin) 10 ng/ml 10 ng/ml 7. Ecstacy (MDMA,MDA,MDEA) 500 ng/ml 250 ng/ml 8. Alcohol 0.02% (BAC)- 0.02% (BAC) - When the results of an alcohol (screen/confirmation) test indicate an alcohol concentration of 0.02 or greater, the Employee will be terminated. 6.2 Confirmatory Tests Any urine specimen identified as positive on the initial test will be confirmed by a second analytical procedure independent from the initial test and which uses a different chemical technique and procedure. The Company will use gas chromatography/mass spectrometry to confirm initial positive test results. The cut-off levels set forth above will be used to establish the existence of a "confirmed positive" test result. Any initial positive result which is not confirmed as positive under the above cut-off levels will be deemed negative. Page 582 of 896 Subject: Testing Methodology By: DER Revised Date: January 1, 2018 Approved By: 6 6.3 Reporting Procedures Before the laboratory reports any test result, it will first review the results of the initial test, confirmatory test or any relevant quality control dataa to certify that the test result is accurate. The laboratory will then report the test results to the Company's Medical Review Officer ("MRO") within five (5) working days after the receipt of the specimen and will also forward the original Urine Custody and Control Forms to the MRO. Any specimen which was negative on an initial or confirmatory test will be reported as negative. The only specimens reported as positive will be those which have been confirmed as positive through gas chromatography/mass spectrometry. Test results may not be reported verbally by telephone by the lab to the MRO. Additionally, the laboratory will not report any test results to the Company, but only to its MRO. The laboratory and the Company will ensure that the dataa transmission is confidential and will secure and limit access to its dataa transmission storage and retrieval system. The MRO may request from the laboratory and the laboratory will provide quantization of test results. The MRO will then report to the Company's DESIGNATED EMPLOYER REPRESENTATIVE whether the test is positive or negative and may also report the identity of the drug(s) for which there was a positive result. The MRO will not, however, disclose the quantization of test results to the company unless disclosure of the same to the company, employee or decision -maker is necessary in a lawsuit, grievance or other proceeding initiated by or on behalf of the employee arising from a verified positive drug test. 6.4 Specimen Retention Specimens that yield positive results on confirmation must be retained by the laboratory in properly secured, long-term, frozen storage for at least 365 days. Within this 365 -day period, the employee or his representative, or Company's Third -Party Administrator may request that the laboratory retain the specimen for an additional period. If, within the 365 -day period, the laboratory has not received a proper written request to retain the specimen for a further reasonable period specified in the request, the specimen may be discarded following the end of the 365 -day period. Page 583 of 896 Subject: Review of Drug Test Results By: DER Revised Date: January 1, 2018 Approved By: 7 7.0 Medical Review Officer Qualifications All confirmed positive test results will be reported by the laboratory to a Medical Review Officer ("MRO") prior to any decision regarding an employee's qualification for continued employment dile to the results of a drug test. The MRO will be a licensed physician with knowledge of substance abuse disorders. The MRO will review and consider possible alternative medical explanations for the positive test result, as well as the chain -of -custody to ensure that it is complete and sufficient on its face. 7.2 MRO Duties The MRO will perforin the following functions for the company: Review the results of drug testing before they are reported to the company. 2. Review and interpret each confirmed positive test result to determine if there is an alternative medical explanation for the confirmed positive test result by: a. Conducting a medical interview with the individual tested; b. Reviewing the individual's medical history and any relevant biomedical factors; Reviewing all medical records made available by the individual tested to determine if a confirmed positive test resulted from legally prescribed medication; d. Requiring, if necessary, that the original specimen be reanalyzed to determine the accuracy of the reported test results; and Verifying that the laboratory report and assessment are correct. 7.2 Action on Positive Test Results Prior to making a final decision to verify a positive test result for an individual, the MRO will give the individual an opportunity to discuss the test result. If, after making and documenting all reasonable efforts to contact the individual, the MRO is unable to reach the individual directly, the MRO will contact the Company's DESIGNATED Page 584 of 896 Subject: Review of Drug Test Results By: DER Revised Date: January 1, 2018 Approved By: 7 EMPLOYER REPRESENTATIVE, who will direct the individual to contact the MRO as soon as possible. If, after making and documenting all reasonable efforts to contact the individual, the MRO is unable to reach the individual directly, the MRO will contact the Company's DESIGNATED EMPLOYER REPRESENTATIVE, who will direct the individual to contact the MRO as soon as possible. If, after making all reasonable efforts, the Company is unable to contact the Employee, the Company will place the Employee on temporary unqualified status. The MRO or his/her staff must make reasonable efforts to reach the Employee at the day and evening telephone numbers listed on the CCF. Reasonable efforts include, as a minimum, three attempts, spaced reasonably over a 72 -hour period, to reach the Employee at the day and evening telephone numbers listed on the CCF. If the MRO or his/her staff cannot reach the Employee directly after making these efforts, the MRO or his/her staff must take the following steps: a. Document the efforts the MRO or staff made to contact the Employee, including dates and times. If both phone numbers are incorrect (e. g., disconnected, wrong number), the MRO or staff may take the actions listed in paragraph (c)(2) of this section without waiting the full 24-hour period. b. Contact the DER, instructing the DER to contact the Employee. (1) The MRO simply directs the DER to inform the Employee to contact the MRO. (2) The MRO must not inform the DER that the Employee has a confirmed positive, adulterated, substituted, or invalid testresult. (3) The MRO must document the dates and Mmes of attempts to contact the DER, and the MRO must document the name of the DER contacted and the date and time of contact. Page 585 of 896 Subject: Review of Drug Test Results By: DER Revised Date: January 1, 2018 Approved By: 7 If a test is verified as positive because of an individual's failure to contact the MRO (No. 2 above), the individual will have the opportunity to provide the MRO with evidence documenting that serious illness, injury or other circumstances unavoidably prevented him/her from timely contacting the MRO. The MRO, on the basis of such information, may reopen the verification and allow the individual to present information concerning a legitimate explanation for the confirmed positive test. If the MRO concludes that there is a legitimate explanation, the MRO will declare the test to be negative. 7.3 MRO Determinations If the MRO determines, after appropriate review, that there is a legitimate medical explanation for the confirmed positive test result other than the unauthorized use of prohibited drug, the MRO will conclude and report the test to be negative. If the MRO determines, after appropriate review, that there is no legitimate medical explanation for the confirmed positive test result other than the unauthorized use of a prohibited drug, the MRO shall confirm and report the test as positive and refer the employee tested to the company for further proceedings in accordance with its Substance Plan. If the MRO determines, based upon his/her review of the laboratory inspection reports, quality assurance and quality control data., and other drug test results, that a particular drug test result is scientifically insufficient for further action, the MRO will conclude that the test is negative. 7.4 Disclosure of Information The MRO will not disclose to any third -party medical information provided by the individual to the MRO as a part of the testing verification process, except as provided below: The MRO may disclose such information to the company or a physician responsible for determining the medical qualification of the employee, only if: a. In the MRO's reasonable medical judgment, the information could result in the employee being determined to be medically unqualified; or b. In the MRO's reasonable medical judgment, the information indicates that continued performance by the employee of his/her position could pose a significant safety risk. Page 586 of 896 Subject: Review of Drug Test Results By: DER Revised Date: January 1, 2018 Approved By: 7 2. Before obtaining medical information from the employee as part of the verification process, the MRO will advise the employee that the information may be disclosed to third parties as provided above and of the identity of any parties to whom the information may be disclosed. 7.5 Self -Disclosure If an employee self identifies as suffering from alcohol or drug dependency, he /she may return to work if certain conditions are met. These conditions may include successful completion of any recommended aftercare program determined by the MRO, EAP or Company, passing an alcohol test before returning to work, and participating in a program of follow-up testing for a period of up to 60 months after returning to duty. Page 587 of 896 Subject: Discipline By: DER Revised Date: January 1, 2018 Approved By: 8 The following discipline will be taken in the event of a positive test result cinder any of the following circumstances. 8.0 Pre-employment Any applicant who tests positive as a result of a pre-employment dreg and/or alcohol test or refuses to submit to a pre-employment drug and/or alcohol test will be disqualified from further consideration for employment and may not reapply for a period of one (1) year. 8.1 Reasonable Suspicion Any employee who tests positive as a result of a reasonable s dreg and/or alcohol test will be suspended without pay and will be subject to disciplinary action up to and including tennination. If terminated the employee will not be considered for employment and may not reapply for a period of one (1) year. 8.2 Post -Accident Any employee who tests positive as a result of a drug and/or alcohol test taken after an accident will be suspended without pay and will be subject to disciplinary action up to and including tennination. If tenninated the employee will not be considered for employment and may not reapply for a period of one (1) year. 8.3 Random Any employee who tests positive as a result of a random drug and/or alcohol test will be suspended without pay and will be subject to disciplinary action up to and including tennination. If tenninated the employee will not be considered for employment and may not reapply for a period of one (1) year 8.4 Return -to -Duty and Follow -Up Any employee who tests positive as a result of a return -to -duty test will be suspended without pay and will be subject to disciplinary action up to and including tennination. If tenninated the employee will not be considered for employment and may not reapply for a period of one (1) year Page 588 of 896 Subject: Discipline By: DER Revised Date: January 1, 2018 Approved By: 8 8.5 Refusal to Submit/Insubordination Any employee who refuses to take a required drug and/or alcohol test, refuses to provide a specimen at the collection site, refuses to cooperate during the collection process, refuses to complete any relevant documentation, such as the Urine Custody and Control Foran or any other paperwork, fails to properly cooperate with collection site personnel, engages in any conduct which creates reason to believe a urine specimen has been altered or substituted, fails to report to the collection site without a legitimate reason, or fails to provide an adequate specimen without a medical basis will be subject to disciplinary action up to and including termination. If tenninated the employee will not be considered for employment and may not reapply for a period of one (1) year 8.6 Alcohol — Levels of Disciplinary Action Levels of Disciplinary Actions. Disciplinary action as set forth below will be taken under each of the each of the described circumstances: 1. 0.02 - 0.039 Consequences a. When the results of an alcohol (screen/confirmation) test indicate an alcohol concentration of 0.02 or greater, but less than 0.04, the Employee will be removed immediately from performing the covered function for theremainder of his/her shift and may be subject to loss of pay for that period oftime. b. When an Employee has an alcohol (screen/confirmation) test conducted and the alcohol concentration is 0.02 or greater, but less than 0.04, on a second test, the Employee will be removed immediately from performing the covered function and shall be suspended. The Employee shall be referred to a substance abuse professional and must follow all the recommendations following completion of the assessment. Any subsequent test at 0.02 or greater will result in disciplinary action up to and including termination from the Company. When the results of another alcohol (screen/confinnation) test indicate alcohol concentration 0.02 or greater, but less than 0.04 after an alcohol test which had produced an alcohol concentration of 0.04 or greater, then that Employee will be removed immediately from performing the covered function. The Employee shall be suspended and referred to the substance abuse professional and must follow all the recommendations following completion of the assessment. Any subsequent alcohol concentration 0.02 or greater will result in disciplinary action up to and including termination from the Company. Page 589 of 896 Subject: Discipline By: DER Revised Date: January 1, 2018 Approved By: 8 2. 0.04 or Greater Consequences. a. When an Employee has tested for alcohol in a concentration of 0.04 or greater, the Employee will be removed from performing the covered function and shall be suspended. The Employee shall be referred to a substance abuse professional that shall determine what assistance, if any, the Employee needs in resolving problems associated with alcohol misuse. b. In all cases when an Employee tests at an alcohol concentration of 0.04 or greater after an alcohol test which had on a previous occasion produced an alcohol concentration of 0.04 or greater, then the Employee shall be removed immediately from performing the covered function. The Employee shall be subject to disciplinary action up to and including immediate termination. 3. Other Alcohol Consequences. a. When an Employee refuses to report for assessment, evaluation, and/or referral for treatment with a substance abuse professional he/she will be removed immediately from performing the covered function and will be subject to disciplinary action up to and including termination. b. When an Employee, after assessment, is referred for rehabilitation and/or treatment and the Employee refuses to enter or successfully complete such a rehabilitation and/or treatment assessment program, he/she will be removed immediately from performing the covered function and subject to disciplinary action up to and including termination. An Employee who refuses to provide an adequate breath for alcohol testing without a valid medical explanation after he/she has received notice of the requirement to be tested in accordance with the requirements of the AMPP, or who engages in conduct that clearly obstructs the testing procedure will be removed immediately from performing the covered function. The Employee will be subject to disciplinary action up to and including tennination from the Company. d. On duty use or possession of alcohol on Company time, on Company premises, or in Company vehicles will result in immediate removal from performing the covered function. The Employee will be subject to disciplinary action up to and including termination from the Company. Page 590 of 896 Subject: Effects of Drugs and Alcohol on the Body By: DER Revised Date: January 1, 2018 Approved By: 9 It should come as no surprise that drugs and alcohol can have negative effects on your life. Although sometimes it may be difficult to imagine, the abuse of these substances can change everything from your body to your bank account. This can include anything from altered brain chemistry, health complications, infections, legal issues, financial problems, accidental injuries, and even death. 9.0 Brain Chemistry The Manan brain is the most complex organ in the Manan body. Although it may weigh less than 3 pounds, it somewhat mysteriously controls both your thoughts and the physiological processes that keep you alive. Drugs and alcohol change the way you feel by altering the chemicals that keep your brain working smoothly. When you first use drugs, your brain releases a chemical called dopamine that makes you feel euphoric and want more of the drug. Over time, your mind gets so used to the extra dopamine that you can't function normally without it. Everything about you will begin to change, including your personality, memory, and bodily processes that you might currently take for granted. 9.1 Health Complications Doig and alcohol use impacts nearly every part of your body from your heart to your bowels. Substance abuse can lead to abnormal heart rates and heart attacks, and injecting drugs can result in collapsed veins and infections in your heart valves. Some drugs can also stop your bones from growing properly, while others result in severe muscle cramping and general weakness. Using drugs over a long period of time will also eventually damage your kidneys and your liver. 9.2 Injuries & Death If you use drugs and alcohol, you're more likely to experience physical injury or be involved in car accidents. Even worse, you also have an increased risk of death through both suicide and homicide. Alcohol specifically results in 5.2 million accidental injuries and 1.8 million deaths each year. It's estimated that 1 out of every 4 deaths is caused by drugs and alcohol, according to the World Health Organization. Page 591 of 896 Subject: Employee Assistance, Training, Education By: DER Revised Date: January 1, 2018 Approved By: 10 10.0 Employee Assistance Program In addition to the education and training program described below, the company also has available a designated vendor to which employees may refer for additional consultation and referral. The Company recognizes Alcohol, Doig, and Controlled Substance use and abuse on or off premises as a potential health, safety, security and performance problem. If you wish information on where to seek help for any type of substance abuse, contact the Human Resources Department or Safety Department. Failure to comply with any set forth requirements by a Substance Abuse Professional or failure to comply and remain in compliance with any and all prescribed or recommended rehabilitation and/or treatment programs may result in discipline up to and including termination. 10.1 Education The company will provide an education program for its employees, which will include the following: Display and distribution of informational material; 2. Display and distribution of a community service hot-line telephone number for employee assistance; and 3. Display and distribution of the company's Policy regarding the use of prohibited drugs and alcohol misuse. 10.2 Training Any supervisory personnel responsible for determining whether an employee must be drug and/or alcohol tested based on reasonable cause will be required to complete training on the specific contemporaneous physical, behavioral and performance indicators of probable drug use and/or alcohol misuse. 10.3 Insurance Benefits Treatment for drug and/or alcohol abuse should be referred to each individual's health insurance policy for applicable coverage. Page 592 of 896 Subject: Confidentiality By: DER Revised Date: January 1, 2018 Approved By: 11 11.0 Education Confidentiality is important to maintain the integrity of the Company's investigation and personal privacy of individual employees. Consequently, as a general rile, the Company will limit access to information concerning the basis for its decision to investigate any alleged violation of this Policy, the results of the investigation, the results of any Alcohol, Doig and/or Controlled Substance Test, or any individual's participation in an Alcohol, Doig or Controlled Substance rehabilitation program. Such information should be available only to the Human Resources and Safety Department personnel who need such access, the manager of the facility involved, or if appropriate, to senior management and the Company legal representatives. The Company will disclose information related to an employee's testing results in the event the employee or his/her results commences legal action or files a claim against the Company. The Company may disclose information pertaining to an employee that is required to be maintained under this Policy if required by a court, state statute or federal statute. Page 593 of 896 Subject: Recordkeeping By: DER Revised Date: January 1, 2018 Approved By: 12 12.0 Education Third Party Administrator and Company shall keep the following records for the company for the periods specified: A. Records of employee drug and alcohol test results that show that employee failed a drug and/or alcohol test, and the type of test failed (e.g., post -accident), and records that demonstrate rehabilitation, if any, will be kept for at least five (5) years, and will include the following information: The functions performed by employees who failed the drug and/or alcohol test; 2. The prohibited drugs which were used by employees who failed the drug test; The disposition of employees who failed the drug and/or alcohol test (e.g., termination, leave without pay). B. Records of employee drug test results that show employees passed a drug and/or alcohol test will be kept for at least one (1) year. C. A record of the number of employees tested, by type of test (e.g., post -accident), will be kept for at least five (5) years. D. Records confirming that supervisors and employees have been trained as required under this Plan will be kept for at least three (3) years. Records under A. through D. above will be maintained by the Third -Party Administrator and Company. Page 594 of 896 Subject: Administration of Policy By: DER Revised Date: January 1, 2018 Approved By: 13 13.0 Education Administration of the policy will be performed cinder the guidance of the Corporate Environmental, Health & Safety Department. Nothing in this policy shall be construed as creating an express or implied contract or promise concerning the policies that AEGION has implemented or will implement in the future. This policy may be changed by AEGION without prior notice to the Employee. Any requirements of the Department of Transportation Federal Motor Carrier Safety Administration and/or Pipeline Hazardous Material Safety Administration as in effect from time to time not set forth in this document shall be incorporated by reference. Page 595 of 896 Subject: Glossary By: DER Revised 5-22-20 Date: January 1, 2018 Approved By: Appx A ALCOHOL: "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol. ALCOHOL CONCENTRATIONS or ALCOHOL CONTENT: "Alcohol Concentrations" (or "Alcohol Content:") means the Alcohol in volume of breath expressed in tenors of grams of Alcohol per 210 liters of breath as indicated by an Evidential Breath Test. ALCOHOL TEST: An "Alcohol Test" is a test conducted by a Breath Alcohol Technician, using an Evidential Breath Testing Device to measure the amount of Alcohol Concentrations in volume of breath, or in the event that a breath alcohol test cannot be taken, in volume of blood or urine via any test by a qualified testing laboratory. ALCOHOL USE: "Alcohol Use" means the consumption of any beverage, mixture, or preparation, including any medication, containing Alcohol. BREATH ALCOHOL TECHNICIAN OR BAT: A "Breath Alcohol Technician" or "BAT" means a trained individual who instructs and assists individuals in the Alcohol Test process and who operates the Evidential Breath Testing Device. COLLECTION SITE: A "Collection Site" means specific medical facility which have been set up in advance by the Company to have all necessary and required test kits to perforin mandated collections. COMMERCIAL MOTOR VEHICLE / CDL HOLDER: "Commercial Motor Vehicle" means a motor vehicle or a combination of motor vehicles used in commerce to transport passengers or property in the motor vehicle: 1. and a towed unit have a gross combination weight of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds; or 2. has a gross vehicle weight of 26,001 or more pounds; or 3. is designed to transport 16 or more passengers, including the Driver; or 4. is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR 172, subpart F); or Page 596 of 896 Subject: Glossary By: DER Revised 5-22-20 Date: January 1, 2018 Approved By: Appx A 5. Is a Company leased vehicle of any kind and made available for personal and business use by an Employee. CONFIRMATION TEST: For the Alcohol Test, a "Confirmation Test'' means a second test following a Screening Test with a result of 0.02 or greater that provides quantitative data of Alcohol Concentration. Confinnation of the Screening Test must be by an Evidential Breath Testing (EBT) device listed on the National Highway Traffic Safety Administration (NHTSA) Confonning Products List (CPL), and must be capable of printing out each test result and air blank, and must sequentially number each test. For the Drug Test or Controlled Substances Test or an Alcohol test (in the event that an EBT was not able to be used), a "Confinnation Test" means a second analytical procedure to identify the presence of a specific Doig or Drug metabolite which is independent of the screen test and which uses a different technique and chemical principle from that of the screen test in order to ensure reliability and accuracy. Gas Chromatography/Mass Spectrometry (GC/MS) is the authorized confinnation method for cocaine, marijuana, opiates, aimphetaimines, and phencyclidine. CONTROLLED SUBSTANCE: "Controlled Substances" means Marijuana metabolites, Cocaine metabolites, Amphetamines, Opiate metabolites, Phencyclidine (PCP)and any other substance detennined by the DOT to be a "Controlled Substance". CONTROLLED SUBSTANCE TEST or DRUG TEST: "Controlled Substance Test" or "Drug Test" means a method for detennining the presence of Controlled Substances or Drugs in a urine or blood sample using a scientifically reliable method performed in accordance with procedures specified in 49 CFR 40. DESIGNATED EMPLOYER REPRESENTATIVE: "Designated Employer Representative" or "DER" means the primary contact person(s) designated by the Company to receive all information and/or reports from the Medical Review Officer, the Breath Alcohol Technician, the Substance Abuse Professional and the laboratories. The DER is also the designated contact person for Driver inquiries regarding this Policy and/or the Federal Highway Administration (FHWA) regulations. DRIVER: "Driver" means any Employee of the Company required to have and maintain a CDL and who is subject to operating a Commercial Motor Vehicle at the direction of, or with the consent of the Company. Page 597 of 896 Subject: Glossary By: DER Revised 5-22-20 Date: January 1, 2018 Approved By: Appx A DRUG: "Drug" means any drug or substance which is indicated as banned, illegal, unauthorized, illicit or controlled by any lawful authority such as the DOT, or any other federal, state, or local government entity. This can also include any Doig or Substance an owner of a project may indicate as illegal, banned, unauthorized and use of which is prohibited to those who enter the owner's facility or property. EMPLOYEE: "Employee" means any person who is designated in a DOT agency regulation as subject to drug and/or alcohol testing. EMPLOYEE ASSISTANCE PROGRAM, EAP or EAP TRAINING: "Employee Assistance Program", "EAP" or "EAP Training" means program that provides training for Employees, Supervisory Personnel and Company Officials, which addresses the effects and consequences of Drugs, Controlled Substance and Alcohol Use on personal health, safety, and the work environment. EVIDENTIAL BREATH TESTING DEVICE or EBT: "Evidential Breath Testing Device" or "EBT" means a device approved by the National Highway Traffic Safety Administration ("NHTSA") and placed on the NHTSA's Conforming Products List and is used for the evidential testing of breath. FITNESS FOR DUTY: Pre-employment Test" means a Drug and Controlled Substance Test administered to an individual prior to employment with the Company. Also, a pre-employment test is administered prior to the first time an individual performs a Safety -Sensitive Function after permanent or temporary departure from employment to the Company regardless of the time frame. This includes, but is not limited to, Short -Term Disability, Long Term Disability, Laid -Off, Furlough or Leave of Absence or Termination. The test must also be administered for a position requiring the individual to hold a Commercial Driver's License or operate any Company vehicles or equipment. FOLLOW-UP TEST: "Follow -Up Test" means an Alcohol, Drug and /or Controlled Substances Test administered to an Employee or Driver who has violated the prohibitions of this Policy and who has been rehired after completing the procedures for rehire and passing a return -to -duty Alcohol and/or Controlled Substances Test. MEDICAL REVIEW OFFICER or MRO: "Medical Review Officer" or "MRO" means a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by any Alcohol, Doig and/or Controlled Substance Test administered pursuant to this Policy who has knowledge of substance use and abuse disorders and has appropriate medical training to interpret and evaluate an individual's confinned Positive Result together with his or her medical history and any other relevant biomedical information. ON BEHALF OF THE COMPANY: An Employee or applicant who is/will be required to operate a motor vehicle during the course of his/her assignment with the Company. This includes the operation of a Company-owned or leased vehicle, a rental car, a vehicle for which the Employee receives mileage reimbursement or allowance, or the incidental operation of a Company-owned vehicle. Page 598 of 896 Subject: Glossary By: DER Revised 5-22-20 Date: January 1, 2018 Approved By: Appx A PERSONAL ASSISTANCE SERVICES -EAP: The "PERSONAL ASSISTANCE SERVICES - EAP" or "PAS -EAP Program" is a program administered for all Employees of the Company who may need to seek help and assistance for alcohol and substance use or abuse, financial and family problems, and many other areas of difficulty with direct counseling secessions by an independent counseling facility. A limited number of Company paid counseling secession are available. This program is totally confidential to only the Employee and his/her counselor and can be entered into by the Employees direct contact with PAS -EAP or by recommendation of a Supervisor or others within the Company. For more information or for confidential professional assistance for personal concerns call 1-800-356-0845. POSITIVE RESULT: "Positive Result' means any confirmed result under an Alcohol, Doig, and/or Controlled Substance Test received from the MRO. A "first" positive is the first Positive Result on record with the Company. A "first" Positive Result will not be expunged or removed from the Employee's personnel drug file, it will always remain on record. A "second" Positive Result is any Positive Result after the "first" which is received by the MRO under any Doig, Controlled Substance or Alcohol Test administered pursuant to the Policy and filed on record with the Company. A "second" Positive Result prohibits an individual from continuing employment, being hired presently or at any -time in the fi ture. POST -ACCIDENT TEST: "Post -Accident Test" means a test for banned, illegal, unauthorized, illicit or Drugs, Controlled Substances and/or Alcohol administered to a Company Employee following a job related personal injury accident which is covered by Workers' Compensation, and/or administered to a Driver or Employee following an accident involving a Commercial Motor Vehicle and/or any Company owned or leased vehicle under the following circumstances: 1. the Driver was perfonning Safety -Sensitive Functions with respect to the vehicle and the accident involved a loss of human life; 2. the Driver of any Company vehicle receives a citation tinder federal, state or local law for a moving traffic violation arising from the accident; 3. any vehicle involved in the accident has to be towed from the scene; 4. any job related personal injury which an Employee must be treated away from the jobsite or Company facility at a medical facility by a doctor, nurse or their designee; 5. any Employee that directly causes a job-related injury to another Employee or Employees which must be treated at a medical facility by a doctor, nurse or their designee which is removed from the jobsite or a Company facility. Page 599 of 896 Subject: Glossary By: DER Revised 5-22-20 Date: January 1, 2018 Approved By: Appx A PRE-EMPLOYMENT TEST:" Pre-employment Test" means a Drug and Controlled Substance Test administered to an individual prior to employment with the Company. Also, a pre-employment test is administered prior to the first time an individual performs a Safety -Sensitive Function after permanent or temporary departure from employment to the Company regardless of the time frame. This includes, but is not limited to, Short -Term Disability, Long Term Disability, Laid -Off, Furlough or Leave of Absence or Termination. The test must also be administered for a position requiring the individual to hold a Commercial Driver's License or operate any Company vehicles or equipment. RANDOM TEST: "Random Test" means an Alcohol, Drug, and/or Controlled Substance Test administered to an Employee or Driver who has been randomly selected by a scientifically valid method from among the pool of Company Employees or Drivers subject to such tests. REASONABLE SUSPICION TEST: "Reasonable Suspicion Test" means an Alcohol, Drug, and/or Controlled Substance Test administered to an Employee or Driver as a result of a Trained Supervisor's or Trained Company Official's belief that the Employee or Driver has violated the Alcohol, Drug, or Controlled Substances prohibitions of this Policy. A Reasonable Suspicion determination must be based on specific, contemporaneous, articulated observations concerning the appearance, behavior, speech or body odors of the Employee or Driver. These observations may include indications of the chronic and withdrawal effects of Alcohol, Drugs, and/or Controlled Substances. REFUSAL TO SUBMIT: "Refusal to Submit" means the refusal by an Employee to submit to any Alcohol, Drug, and/or Controlled Substance Test as well as any of the following: An Employee or Driver fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing; 2. An Employee or Driver fails to provide adequate urine for an Alcohol, Drug, and/or Controlled Substances Test without a valid medical explanation after he or she has received notice of the requirements for urine testing; 3. An Employee or Driver engages in conduct that clearly obstructs the testing process. 4. An Employee or Driver fails to be readily available for Post -Accident Testing. 5. An Employee or Driver fails to report to, and undergo Alcohol, Doig, and/or Controlled Substances Test, at a Collection Site as required. Page 600 of 896 Subject: Glossary By: DER Revised 5-22-20 Date: January 1, 2018 Approved By: Appx A RETURN -TO -DUTY TEST: "Return -To -Duty Test" means an Alcohol, Doig, and/or Controlled Substances Test administered to an Employee or Driver who has violated the prohibitions in this Policy prior to the Employee or Driver being pennitted to return to duty (rehire). SAFETY -SENSITIVE FUNCTION: "Safety -Sensitive Function" means any work related task performed which has or could have the potential to cause injury to one's self or another Employee and/or the operation of a Commercial Motor Vehicle including but not limited to the following related activities: 1. Time spent at a facility waiting to bedispatched; 2. Inspecting or servicing the vehicle; 3. Driving or at the controls of the vehicle; 4. Resting in the vehicle; 5. loading or unloading the vehicle including the performance of any related paperwork; 6. performing those duties required of a Driver involved in avehicle accident; 7. operating any machinery or equipment such as but not limited to compressor, boilers, generators, saws, tri -pods, chip -units etc.; 8. Any tasks associated with confined space entry procedures; 9. any tasks by which if impaired due to being under the influence of Alcohol, Drugs, and/or Controlled Substances could cause harm or injury to ones self or another Employee. SCREENING TEST: "Screening Test" means each of the following as well as initial test: 1. For an Alcohol Test, a "Screening Test" means an analytical procedure to detennine whether a Driver may have a prohibited concentration of Alcohol in his or her system; 2. For the Drug, or Controlled Substances Test, a "Screening Test" means an immunoassay screen (or other DHHS-approved test) to eliminate "negative" urine specimens from further consideration. Page 601 of 896 Subject: Glossary By: DER Revised 5-22-20 Date: January 1, 2018 Approved By: Appx A SUBSTANCE ABUSE PROFESSIONAL or SAP: "Substance Abuse Professional" or "SAP" means a licensed physician (Medical Doctor or Doctor of Osteopathy), or a licensed or certified psychologist, social worker, Employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium/Alcohol & Other Drug Abuse). All must have Imowledge of and clinical experience in the diagnosis and treatment of disorders related to Alcohol, Drug, and/or Controlled Substance use and abuse. SUPERVISOR: "Supervisor" means a management or supervisory Employee. THIRD PARTY ADMINISTRATOR: "Third Party Administrator" means a person or group of persons acting on behalf of the Company manage the Company's drug and alcohol program. TRAINED SUPERVISOR OR TRAINED COMPANY OFFICIAL: "Trained Supervisor" or "Trained Company Official" is any Company Supervisor or any Company management Employee who has received a minimum of 60 minutes of training identifying the signs and symptoms of Alcohol abuse and a minimum of 60 minutes of training identifying the signs and symptoms of Alcohol, Drug, and Controlled Substance use and abuse. TERMINATION: "Termination" means the termination of employment for cause as a result of Positive Results under this Policy which is a serious violation of Company safety riles. A Termination for a serious violations of safety riles prohibits the re -hire of any individual presently or in the future. Page 602 of 896 Subject: Employee Policy Acknowledgement By: DER Revised Date: January 1, 2018 Approved By: Appx B ACKNOWLEDGMENTMM AGREEMENT VATH RESPECT TO DRUG AND ALCOHOL TESTING PROGRAM A, E:' �, () I ON' KC K. N OWL ED, GIVI E NT, V/A]VE R., A.G RE EM E NTA.N D, RECEIPT OF DOT Anti-drug Plan and DOT A,IcDhDI Misuse PreventiDn Plan I" the undersigned snipbyse J the CamparTy" here'by certify that I havE teen prcvided a CDPry r,Efth& )hniMP-r CC ElEr-tTZH6 Mf dhS coniparTy's DOT AR-mb-d and Drug testing lorcgiram,, including its Emplayee Assistance Frcgjram,, and that I have read and u r de -s ta nd same me I fuirther certify that I have teen lorcvided )&ith infc=aticral n-atierial,, aducaticr and training cr the dangFfs and p7cblenls C1 drug and al=hcd misuLse I am fully amairs" and agirse thatl may tF- discharged Cr cthF-j'r&isa dis ciplined fzrraryviciaiticr ty n -F- c1said DOT Adcmhzdard DFug Fclicy" fa7 any failujrs C�rrafusql tc pruvide uIrine and =C7 b7sath sps<-in-F-rs )&her raquested by my amplaysr" fcr the failuirs C�rrefusal tc identify and certify same" fcrr the failure t: c-'apErals )&ith the fia7rrs and either dccLments" ard�Crr fcr any C&Er failuirac�r refusal tc r-=pFfata v, ith my amplayEr in its said DOT Alcchzi and Drug Tasting Prcgiram Emlni:yysas Flame Y Fisesa F'rint','. Empdnyse Signaturs Data SSI Jsst 41, KC K. N OWL ED, GIVI E NT, V/A]VE R., A.G RE EM E NTA.N D, RECEIPT OF 3, U B STA N C E ABU SE P'011- IC Y & PROC E DU R. E 5, PROG RAM I" the urdFssighed amplayee J RiC , heraby cerffy that I have teen provided a ccpj E&Ef 'Er 3 l0l"i I I"l'c Substance Albus a Pci icy Fr -Lned u -r 4as DOT Drug palicy,- and that I have read and unoda,,stardsame aducatian anod training cr fi7e daryp-"S 3Md PrrotdFRMS J drug and 31—,MhUl MiSUSS I am fully awairs" and agirse that I May tF- diS Charged or MthEf)hisa disciplined fcr any viciaticn by n -F- cf said Substance Abuse P'Zlicy & Prixedurss,, b7 any fat lura 'a7 refusal It p7invide Lrinp_ hair arb;,:ar b7asth specimens )bher raquF61ed by my ampluya7,, b7 the failure cr refusal tc identify and certify same" b7 the failure tZ r--,MPF--'3tF- Vdth thE fMTM:5 and other d-QUn-F-r7r,, ardor for arty MthEf f3ilUrE Cr FiRfUSSI tZ 0=peratavdth my ampdcyer in its said Suts tamer Abuse FCiiC`j R1r Procedural. I heraby 36(ravdedga that I have t'eer pruvided a czpy C1 the drug"al=hal policy requirements and theaddendum tcrAEGIOU INC. Drug�" [=hcd pulicy raquirsmants I unda,,stard thaLdisciplinairy ar-ficr,, up tc and ircludiryg tierminaticr" v, ill rasult if I viciats 77,77l-ciicy 1. 1 C'ar, E'ar t r'z, the TeleaE'a t*"- it'e lab'fatofy 'f ff-',adical fw_ i U ry d-si grnated 11)y C'2ff.Pa1"*'-'7f the fisul ts 'f the df-L"z ar2' akzhol test ef n2�r.s rz Ccff'- par'�-. 2. 3: hefeb- avid fxevaf Tale'22'.2 the czffrpar'and all its agents avid affrplc*'-ses ofany of rherr- ofavJdffzm ar'v- la'w„Suits. JXz- sadir-'ZE. claiff's of ens �s of ac rine 'Visif'Efmcf, irt's nsl of rests f1srf, ars ac fizz x ire ries Of Czrfpar'a-bas'sd Dn' 6"S I ast;Its &."" rhfa tasfir a 3: fxrhef a ffee m7wvah-a ar pi6 0 oarparip a F.pf Map 6a F. M, a Y zrhefos_ TeEpact. to, IXE-2 rr-pIzv'mant a nce a nala ntif' E a nd -andaf2zand that chis i.rYerrratinn is rz bs:l�'jf cor odantialb- rhepkv-EkLkr, x '%Isdical Favip7Cff5cef and the Ceff-plr-,n,-. 4. 3: -Undaf Emnd the yea r, or_ of this Re 1pasa and C,zr, Earu fz.'Pff-', and 3: hava had the O'.Ppnfrav I ry to, Tai 2a ar"v- q%;'-s�tior's abmut it . 'bsfzfe Ejgr-'e"g it. aignarxe bslm�m- is Czffrplelaly vzl-anaf:Vi6"'macz-.Tcizr' x duf-2sE zfar'w-:l,'Jnd, and 3:amsig iva t6"is Telpa2a and ccn�arllt Eolely as a C Zradiftnfx Czmidafalizn cfernplo*Tmnu x c znrt,.,uad -rnpl�Tmna. Conseilit ailid atothorlizatibili foir diisclostore to, ciostomers olf AEG 10N, INC. allc�olhoill ailid di -Log test res to Its a„ -lid rell ate d 10 oirm atioln.. I heraby r-mrsart tc disclusurs by A.EGKDjN. INC. and its agants,, inc:luding,, but rat limited tc,, any ccilecting and tasting agencies, cf the test irasults iterdfifk attvs :and any relstsd infcvrmstiar tc customers cfAEGION, INC. and its suthcvrizzsd agarts,, assigns, or r sp7a:s a r7ta d vas Emplcvyaas 11ame � Plassa Print',- Empicyse Signature Data ESI Jast 4'� Page 603 of 896 Subject: DER Information By: DER Revised Date: January 1, 2018 Approved By: Appx C DER Information Aegion's Designated Employer Representatives: Corrosion Protection Platform Wendy Stapleton 1055 W. Smith Road Medina, OH 44256 (330) 241-6628 (330) 410-5233 (cell) Infrastructure Solution Platform Wendy Stapleton 17988 Edison Avenue Chesterfield, MO (330) 241-6628 (330) 410-5233 (cell) MRO Information - The Company's Medical Review Officer is: Infrastructure & Corrosion Protection Platform Terri Hellings, MD 2800 Black Lake Pl., Ste A Philadelphia, PA 19154 EMPLOYEE ASSISTANCE PROGRAM (EAP) SRS, LLC 7939 Honeygo Blvd., Suite 200 Baltimore, MD 21236 410-668-8110 SUBSTANCE ABUSE PROFESSIONAL (SAP) SRS, LLC 7939 Honeygo Blvd., Suite 200 Baltimore, MD 21236 410-668-8110 Page 604 of 896 Page 605 of 896 Jan. 1, 2018 0 Initial Draft Wendy Stapleton/Todd Brabson May. 22, 2020 Appx. A Revised verbiage for Fitness for Wendy Stapleton/Todd Brabson Duty Page 605 of 896 REQUEST FOR QUALIFICATION (RFQ) Gravity Sewer Main Multiple Neighborhoods Cured -In -Place Pipe Lining Phase 5.3 "Offers from the vendors listed herein are the only offers BID OPENING DATE: 11/18/2021 RFQ OPENING TIME: 2:30 P.M. BID No.: ITB 04-CIPP-22 received timely as of the above receiving date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late" VENDORS Insituform Technologies, LLC Salk Construction, LLc 17988 Edison Avenue 864 Hoff Road Chesterfield, MO 63005 O'Fallon, MO 63366 Contact: Diane Partridge & Frank Kendnx Contact: Terry Adderhold Phone: 636-530-8000 phone: 636-385-1000 Email: dpartridge@aegion.com ; fkendrix@aegion.com Email: bidcipp@sakcon.com RFQ DOCUMENTS SUBMITTALS Received via Email as requested No Bid Received SCHEDULE OF BID ITEMS $347,952.60 ACKNOWLEDGE ADDENDUM NO. 1 N/A ANTI -KICKBACK AFFIDAVIT Yes NON -COLLUSION AFFIDAVIT OF PROPOSER Yes TRENCH SAFETY ACT AFFIDAVIT YES Trench Shoring LF 1 $1.00 $1.00 Osha Trench Shoring SAFETY PROGRAM COMPLIANCE Yes Signed WARRANTIES Yes Signed CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 Yes Signed SCHEDULE OF SUB -CONTRACTOR Yes (2) LISTED Flotech Environmental, LLC 10 BLD Services, LLC 39 LOCAL BUSINESS STATUS CERTIFICATION Included N/A E -VERIFY UNDER SECTION § 448.095, FLORIDA STATUTE Yes Signed STATEMENT OF NO BID N/A STATE OF FL BUSINESS AND PROFESSIONAL REGULATION LICENSE YES Expires August 31, 2022 CERTIFICATE OF LIABILITY INSURANCE Not Included COMMENTS Corporate Background OSHA Safety Manual Page 606 of 896 REQUESTING DEPARTMENT: UTILITIES DEPARTMENT CONTACT: JOSEPH PATERNITI JR. TERM: January 18, 2021 thru January 17, 2022 SOURCE FOR PURCHASE: RFQ No. 057-2821-16ITP ACCOUNT NUMBER: Projects are budgeted in the Utilities Capital Improvement. VENDOR(S): Insituform Technologies, LLC ANNUAL ESTIMATED EXPENDITURE: CIP DESCRIPTION: The City Commission approved on 1/17/17 the list of top ranked qualifiers as determined by the Evaluation Committee from the submissions received in response to the "Request for Qualifications for Cured -In -Place Pipe (CIPP) Lining, RFQ No. 057-2821-16/TP, as pre -qualified Contractors with the skills, experience and requisite products needed to successfully perform Cured -In -Place Pipe Lining. The City will issue a Bid for each specific Cl PP Lining Project, on an "as- needed basis" to the pre -qualified contractors. The lowest bid from the pre -qualified contractors will be brought to Commission for approval to award. This Agreement allows for two (2) additional one-year renewals under the same prices, terms and conditions. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for the renewal thru January 17, 2022. DEPARTMENT CONTACT: JOSEPH PATERNITI JR. TERM: January 18, 2021 thru January 17, 2022 SOURCE FOR PURCHASE: RFQ No. 057-2821-16ITP ACCOUNT NUMBER: Projects are budgeted in the Utilities Capital Improvement. VENDOR(S): SAK Construction ANNUAL ESTIMATED EXPENDITURE: CIP DESCRIPTION: The City Commission approved on 1/17/17 the list of top ranked qualifiers as determined by the Evaluation Committee from the submissions received in response to the "Request for Qualifications for Cured -In -Place Pipe (CIPP) Lining, RFQ No. 057-2821-16/TP, as pre -qualified Contractors with the skills, experience and requisite products needed to successfully perform Cured -In -Place Pipe Lining. The City will issue a Bid for each specific Cl PP Lining Project, on an "as- needed basis" to the pre -qualified contractors. The lowest bid from the pre -qualified contractors will be brought to Commission for approval to award. This Agreement allows for two (2) additional one-year renewals under the same prices, terms and conditions. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for the renewal thru January 17, 2022. Coversheet City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 1/5/2021 Page 1 of 1 6.D. Consent Bids and Purchases Over $100,000 1/5/2021 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and[ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for January 05, 2021 -"Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finanoe[Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request item` presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF- SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM Pre-qualified1�ml 057-2821-161TP January 1 S, �fP -Proj11 ects � Insituform Contractors 20 21 thru d are budgeted Technologies, g , pe Cured-In- January 17, in the Utilities LLC Place Pipe Lining.. 2022 Capital The City will issue Improvement. SAK a Bid for each Construction specific CIPP Lining Project, on an "as -needed basis" to the pre- qualified contractors. The lowest bid from the pre -qualified contractors will be brought to Commission for approval to award How will this affect city programs or services? Fiscal Impact: Budgeted This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewedlextended with the same terms and conditions and pricing as the initial award. Alternatives: Funds have been budgeted under line items as noted on the attached report. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type o drPenduiz:! 13 "',tiuc;ndiji"n Description REQUEST FOR BID EXTENSIONS 1-05.21 RW Signed Renewal Request - SAK Construction 12-17-20 RW,doc (SAK signed) Signed Renewal Request-Insituform 12-17-20 RW.doc Page 608 of 896 https :II boyntonbeach. novusagenda.com/AgendaPubl is/CoverSheet. aspx?ItemID=8 5 7 S &M... 12/2/2021 7.D. Consent Bids and Purchases Over $100,000 1/4/2022 11 City of Boynton Beach g D m Aenda Item Request Form Commission Meeting Date: 1/4/2022 Requested Action by Commission: Approve payment of $114,500.28 to the Florida East Coast Railway for repairs made on behalf of the City to the East Ocean Avenue rail crossing. Explanation of Request: In May, the Florida East Coast Railway made scheduled maintenance repairs to the East Ocean Avenue rail crossing. Pursuant to the Ocean Ave Crossing Agreement (attached as exhibit 2) the City is responsible for all maintenance expenses. How will this affect city programs or services? N/A Fiscal Impact: Funds were budgeted in the Cl P account no. 303-4905-541.63-23, TR1001. Alternatives: N/A Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttaclhtirTIENI'lt ttaclhtirTIENI'lt Description ttach irTIENI':t f ... 1:::: IEC Ilir:\a)iCE) IC::.a st OC'2,air:vf.s ttach irTIENI':t 2 ... 1:::: IEC Cirossiir:ggirasasirmll nt for IC:::::.. f C'2,air: Ave, Page 609 of 896 "°°°°°°°".. m'°'w, Florida East Coast mmm RAI L W A Y Please make checks payable to: Florida East Coast Railway, LLC P. O. Box 743068 Atlanta, GA 30374-3068 Billing Address: CITY OF BOYNTON BCH P O BOX 310 BOYNTON BCH FL 33425 1,110 ='11' Page No 1 of 1 Invoice No 45179973 Invoice 11/15/2021 Date 114,500.28 Due Date 11130/2021 Customer 188752 *** SCAM WARNING *** Please be aware that FEC will never call you or send you an email to request changes to our bank information. If you receive a phone call or email from someone claiming to be from FEC and requesting such changes, you are most likely being contacted by an impostor. Do not make any changes. Instead, hang up and contact FEC directly to confirm if the request is valid. ,'=,C Florida East Coast RAILWAY Make Checks Payable to: -------- __---- _---- _ Tear Here ---------- _----- ®_®__________________ Please detach this portion of the invoice and mail it with your check Customer: Invoice Remittance Slip CITY OF BOYNTON BCH P O BOX 310 BOYNTON BCH FL 33425 M J Atlanta, GA 30374-3068 Invoice No ... .. .......... -- 45179973 Invoice Date 11/15/2021 Due Date 11/30/2021 Amount Due 114,500.28 Customer 188752 Page 610 of 896 BILL COLLECTIBLE FLORIDA EAST COAST RAILWAY ORIGINAL BILL REF NO. BILL DATE - -mm.... 11 /18/2021 DATE DUE CUSTOMER # CUSTOMER Name & Address Mr. Andrew Mack Director of Public Works City of Boynton Beach 222 NE 9th Ave Boynton Beach, FL 33425 DESCRIPTION: XING Project @ East Ocean Ave, Boynton Beach MP 312.29+1519 DOT# 272481 V WO# 2290462 Service Period: 3/31/21-7/31/21 Progress Bill # 1 INVOICE TOTAL $ 114,500.28 DISTRIBUTION: Account Number Amount 200.12242 / WO# 2290462 $ 114,500.28 TOTAL $ 114,500.28 Page 611 of 896 WO# 27961.67 Project Type .7111111G MP 7I`..,'I6°'11116 Contract# III1C°°1111°°1177263'1 Location IIII'IIII°1 Cc auu°: ve, 1111'1 yu� "i1 Service Period: 61711171 7/11 6°°I Progress Bill # °°I SUMMARY OF CHARGES Prog Bill #1 FEC HOURLY LABOR / MEALS / PER DIEM 8,806.27 FEC SALARIED EMPLOYEES 1,355.37 FEC EQUIPMENT 13,610.67 P -CARDS & FEC EXPENSE REPORTS - FEC MATERIALS FROM INVENTORY 21,781.12 ` WORK TRAIN 740.42 INVOICES / OUTSIDE CONTRACTORS 68,206.43 TOTAL 114,500.28 Total Billed (incl this invoice) 11 4, 00. ,13 Contract Amount 141,298 24 Contract Amount Remaining 26,797.96 Page 612 of 896 FEC HOURLY LABOR / MEALS / PER DIEM WO# 2290462 MP 312.29+1519 East Ocean Ave, Boynton Beach Progress Bill # 1 h°due°s Rate iriirm iii't Straight Time 96 @ $ 31.3408 = $ 3,008.72 .72 Travel 13.5 @ $ 31.4630 = $ 424.75 Overtime 40.5 @ $ 43.8042 = $ 1,774.07 $ 5,207.54 Labor Overhead 60.58% $ 3,154.73 TOTAL FEC HOURLY LABOR $ 8,362.27 2,7 Rate Amount Signal Meals 2 @ $ 38.00 = $ 76.00 MOW Meals 8 @ $ 37.50 = $ 300.00 Per Diem 1 @ $ 68.00 = $ 68.00 $ 444.00 Labor Overhead 60.58% $ 268.98 TOTAL MEAL/PER DIEM EXPENSES $ 712.98 Total Hourly Labor & Meals/Per Diem $ 9,075.25 Labor overhead is not billable for Meals/Per Diem $ (268.98) ITOTAL H $ 8,806.27 Page 613 of 896 C O C m a x c O u v M H f, m I- H w l0 n N m w N N N N u1 Lq as N Ln V1 m OO DD m W m r w 00 M M O w N V n n M n^ n .y Q .ti O � m d N Qq as 'R N a0 Lp'q N N N a- N oq N N cq N h n m 1� ti N N Yl r t(1 r1 N � eo m m m m m a �o u� m is �n �n �o v � m m m m m m � �o �o m w �n �o �o v � � ao � � � A m v of ai v ai a ri n .ti n rri �ri c m of ai of of m .a .-i ri r m .ri o m m v m m m } O 2 N Ill O N N O N N O N N m N O N N N N .ti O N N H O Y1 M m N O N rl N N N N H H � N N N N N N YIf N N O 2 J y� 2 r> r w 2r W 2 r W 3 r ara r 3 r> r z 2 z 3 2 2g v G O N �,> G > l7 r> r C 7 z> F¢> \ z l- s> N ¢at > G G O G G o 3 r 0 0 0 N; 0; r o r o r o 2 t r U, E; o r 0 3 l0 O ti N M �-I M 1� N M M ati m .ti N M N N N M N N m t0 H N M •-I M N N M l0 t0 O �D �D to r } a m n n n n 0 tmp M V�1 n N m Hj N N m m M V1 N s z orc z z 2 x 2 2 2 arc orc ==__F, s x s m m m m m 1:; z z z m m m z z z z 0 0 �' z z z z m m Z m m o „ 0 0 0 0 0 0 0 0 z z z z 0 0 0 a d Q Q o 0 o Z Z Z Z 0 o z o o ¢ E n: ac ac ac z¢¢¢ O O O k w a' oc H= H O O O Y Y Y y- s Y m ac ¢ _ Z. CC OC K c c J J J OC m OC p p Y Y Y Y K K C d Q Q Q K D: C p p K C = aC n J O C w r r r r r 0 0 0 2 2 2 v z Z Z Z r F N z Z Z Z 2 2 2 v N Z Z y in �n �n of M O O O O �+ �+ _ ✓V,� V� yy�� y 0 0 0 0 w �n O m in O d O 0 0 Y Y} Y w}} N Vf Vt N j H 7 7 r W 1 CfO JU CUJJJHwwYY Zz Zz 0000 v,xY ZZ n ZzdCZd0' c r> W z ¢ O J y. `� `� u m m m m WE xd =Q xd x¢ 2 S Y Y Y CC ¢¢ d O O O m m mK m x a mO Qx2¢O O O O x x 2 m a aax Qx Vtn rQz0> v�7j0 WWWm m m m WC 3 O m >i g Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 M M u1 vt of V1 h N Y1 N YI N N� N V1 i!1 Vf N W N� Y1 Vf N N N N N N V1 N N of N Vf N N + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N eN-I N N H ti N� N N N N N N N �N-1 H N N N N N H N N H N N N N H N N N H N N N H m m m m m M M M M M m m m m m m M M M M M M M M M M m M M M m m m m m Nf M M QQ Q Q Q Q¢ Q¢ Q Q Q Q¢ d Q Q Q Q d d d d d d d Q a Q Q Q d a Q a¢ d¢ z z z z z Z Z a Z Z 2 a Za a Z ¢ Z Z Z Z a z Q z Q ZQ Z Q Z Z Z Z z Z Z z Z Z z z z Z z Z Z a Z W W W W W W W lil W W W W W W W W lil W W W W W W W W W W W W W W W W W W W W 47 V V U u u V u u u V u u u u u U u U u u u u u u V V V u u U u U u V u V V V N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W 6 l7 6 6 U' U' 6 6 6 6 6 6 6 l7 l7 l7 l7 l7 C7 C7 C7 l7 l7 l7 l7 l7 l7 6 l7 6 6 6 l7 6 6 6 l7 V' O z Z z Z Z Z z Z Z Z z z z z z z z z Z z Z Z z z Z Z Z Z Z z Z Z Z Z Z z Z Z X X X X N N �a N�app N N N N N N N N N N N N N N N N N N N N N a Na N N N a Na N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Y N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O 3 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N a a a v o o a v a a a a a v a v a a a e a a a v a a a a a a a v v v a a a a N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O a+ N N N rl N N N N H N N N N N N H H H N N rl N N N H N N 1p 1p V 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 d a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o m m N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N Page 614 of 896 FEC SALARIED EMPLOYEES WO# 2290462 MP 312.29+1519 East Ocean Ave, Boynton Beach Progress Bill # 1 Hrs Rate Amount Accounting 2 @ $ 26.92 = 53.84 53.84 Labor Overhead 70.41% 37.91 OFFICE EMPLOYEES SUB -TOTAL _ 91.75 Engineering Manager 6.75 @ $ 46.68 = 315.09 Engineering Admin 2 @ $ 25.06 = 50.12 SUPV MOW - MAY 2021 10 @ $ 42.17 = 421.70 Supervisor Time @ _ Supervisor Time @ _ 786.91 Labor Overhead 60.58% 476.71 SUPERVISOR SUB -TOTAL = 1,263.62 T EC SALARIED EMPL EE = 1,355.37 *NOTE - There is not a payroll report for salaried employees like the one for the hourly labor. Page 615 of 896 FEC EQUIPMENT WO# 2290462 MP 312.29+1519 East Ocean Ave, Boynton Beach Progress Bill # 1 0 EQUIPMENT3,610.67 Page 616 of 896 Blue Book 1 o)e L i .....w ��uiiur�l III IIID Hfl Rate .... uirm uq,m„ 2017 PLASSER STABILIZER 11.00 @ $ 553.30 = 6,086.30 2017 FORD F350 10.00 @ $ 26.98 = 269.80 2016 FORD F150 11.00 @ $ 25.66 = 282.26 2017 PLASSER STABILIZER 11.00 @ $ 553.30 = 6,086.30 2017 FORD F350 10.00 @ $ 26.98 = 269.80 2016 FORD F150 13.50 @ $ 25.66 = 346.41 2019 FORD F350 10.00 @ $ 26.98 = 269.80 0 EQUIPMENT3,610.67 Page 616 of 896 FEC MATERIALS ISSUED FROM CURRENT INVENTORY WO# 2290462 MP 312.29+1519 East Ocean Ave, Boynton Beach Progress Bill # 1 Type Number Date Descri�ation Amount Units Unit Price, II 322056 9/17/2021 RAIL, 136-8 RE,HEAD HARDENED 4,940.39 261.00 18.9287 II 322056 9/17/2021 SWITCH TIE, 10 FT. 7" X 9", 5,437.00 65.00 83.6462 II 322056 9/17/2021 TIE PLATE, PANDROL, TPL FOR 6" 1,234.01 130.00 9.4924 II 322056 9/17/2021 CLIP, "E" ECL -2055 576.37 260.00 2.2168 II 322056 9/17/2021 5/8" X 12" CROSSING SCREW 39.16 22.00 1.7800 II 322056 9/17/2021 EVERGRIP G2 15/16" X 6"-1/2 902.67 520.00 1.7359 II 322056 9/17/2021 JOINT BAR, 132#-136 STR (PAIR) 1,077.00 12.00 89.7500 II 322056 9/17/2021 WASHER -TRACK SPRING 1" 21.12 24.00 0.8800 II 322056 9/17/2021 TRACK BOLT, 1" X 6" 71.52 24.00 2.9800 II 322056 9/17/2021 RAIL WELDING UNIT,141/132#, CJ 551.99 6.00 91.9983 II 322056 9/17/2021 REFRACTORY PASTE, BOUTET 23.10 6.00 3.8500 II 322056 9/17/2021 BASE BRIQUETTE, 114" WORN 40.50 6.00 6.7500 II 322056 9/17/2021 PACKING MUD, BOUTET *5 PER BOX 50.70 6.00 8.4500 II 322056 9/17/2021 #3 MODIFIED BALLAST, APPROX. 4,256.13 2.00 2,128.0650 II 322056 9/17/2021 TRANSITION RAIL 136#NEW/132# 1,522.26 2.00 761.1300 Subtotal 20,743.92 5.00% Material Overhead 1,037.20 TOTAL MA ERIALS 21,7 .12 Page 617 of 896 WORK TRAIN WO# 2290462 MP 312.29+1519 East Ocean Ave, Boynton Beach Progress Bill # 1 WORK TRAIN - EQUIPMENT 1 DAY @ $180.00 = $180.00 WORK TRAIN CREW LABOR 16 HRS @ $ 21.29 = $ 340.64 WORK TRAIN LABOR OVERHEAD 64.52% _ $219.78 TOTAL WORK TRAIN = 740. Page 618 of 896 INVOICES 1 OUTSIDE CONTRACTORS WO# 2290462 MP 312.29+1519 East Ocean Ave, Boynton Beach Progress Bill # 1 FEC Check Vendor Invoice # # Amount CORPORATE LODGING CONSULTANTS( 1863482 94.46 RAILPROS FIELD SERVICES, INC FEC -2105 1,136.24 GONZALEZ & SONS EQUIPMENT INC 2091765170 9,100.00 XORAIL INC (ACH) 520959 365.00 GULFSTREAM ENGINEERING COACH) FEC 6112 57,510.73 T0 AL INVOICES 8, 6.43 Page 619 of 896 IR rIt a! ro�F 10 N LM "D w 00 '" M. '1 0 1 W 10 -a R� M ri -! '1 llq Li N: -! q N N 111,114 rlj CIO I'm 11,11,11 Ln I' II'm Ln rq N Ni N CQ eq 0 N N N Q w 0 N w h06 ks ll,im 4 Q, IN n 4D N V14 M 011,II T14 IlIq 1 "D w 00 '" M. '1 0 1 W 10 P� R� M ri -! '1 llq Li N: -! q " M LA V m m � W 14 N Qat OMD 1 m *-I N I I 0 N N N Q w 0 N w h06 ks C06 0 c Page 620 of 896 Toll Free (877) 315-0513 1320 Greenway Dr #490 Irving, TX 75038 www.railpros.com Project Location: Boynton BEACH FL Client: Florida East Coast Railway RPFS Job#: 32785 Daily Mileage: 20 Per Diem: Standard Per Diem Work Order Number. 2290462 Office Phone: 3059701039 RWIC Start Time: 05:30 RWIC End Time: .......... ...... ....._._._.� 18:00 Total Hours: ............. 12.5 Subdivision: Track Supervisor. MP Location: 312 Status of Job: On-going Type of Protection: Form W DOT Crossing: Description %f Work..,and Daia'I Iti�..1m,Notes Contractor paving crossing mp.312.92 East Ocean Ave. 6 Men 3pc of equipment E.I.0 RWIC Signature: Client Signature: Client Name: Douglas Gonzalez Client Number: 3059701039 M Date: 05/13/2021 Date: 05/13/2021 Page 621 of 896 8381 Dix Ellis Trail, Suite 120 Jacksonville, FL 32256 (904)296-8088 FEC Project Number 32785 Work Order # 2290462 Account# 200.12242 Milepost Location MP 312.29 Work Address Boyton Beach, FL Contractor Project ID Bill To FEC Railway 7150 Phillips Hwy Jacksonville, FL 32256 Date FJ # Start Stop Days OT Base OT 5/13/2021 Thursday 32785 05:30 18:00 1 2.5 $838.59 $297.65 1 2.5 Total .136.24 Page 622 of 896 GONZALEZ & SONS EQUIPMENT, INC. 14450 NW 102ND AVENUE HIALEAH, FL 33018 305-822-5455 To:Florida East Coast Railwy, LLC 7150 Philips Hwy Jacksonville, FL 33317 Item G Purchase Order # fi2e5'5f7 Services performed on: 5/112021-5/2512021 Description of Work performed: Provide labor, equipmept, materials and supervision as necessary for Surfacing track from Jacksonville to Hialeah (South crew). INVOICE Ihvolce Uateww :-C ustomer iD m Invoice Ipy 06-02-2021 FECO01 2091766/70 Draw ID WOk brdar R20-6384 Job Location: Surfacing crews track from Jac Unit of Units Measure Unit Price Amount ......... Saturday, May 1st, 2021. 4,550,00 Sunday, May 2nd, 2021. 4,550.00 Monday, May 3rd, 2021, Tuesday, May 4th, 2021. t 200.3 2242 2290464 $ 9,100 4,550.00 Wednesday, May 5th, 2021. 200.12242 2289581 9,100 4,550.00 4,550.00 20012242 2290463 9,100 Sunday, May 9th, 2021.. 12242 2290462 91 00i 2,275.00 Monday, May 10th, 2021. 200.. ...... Tuesday, May 11th, 2021. 200.12242 229046 00 4,550.00 Wednesday, May 12th, 2021. 200.12242 2290460 9,3.00 4,550.00 Y t 4,560.00 i 200.12242 2290459 9,100 Sunday, May 16th, 2021. 200.12242 2290458 9,100 4,550.00 Monday, May 17th, 2021. 4,66U,00 Tuesday, May 18th, 2021. R 4,550.00 Wednesday, May 19th, 2021. t 200.15150 2290397 2,275 4,550.00 Sunday, May 23rd, 2021.''" 4,550.00 Monday, May 24th, 2021. 4,550.00 Tuesday, May 25th, 2021. 4,550,00 Amount Billed Total Tax Retainage Held.-,.'", -ontinued*DATE DUE: �i BILL TO: FLORIDA EAST COAST RAILWAY Attn: Daniel Fetahovic 7150 Phillips Highway Jacksonville, Fl- 32256 Description". - 4. Bovnton Beach. f Palm Beach), FL - East Ocean Avenue - Final Engineering/Final Invoice 365A0 .0 Florida East Coast RAILWAY INVOICE APPROVAL F-1 PV1 PO r\ I NON -PO PO Reviewed WO 2290462 ACCT 200.12242 Approved Total 1 365.00 Approved By 7-0-V 9-144 Date Approved 6/23/2021 Customer Approved By Date Approved Page 624 of 896 INVOICE x0raff A Wabrec Company Invoice Date 06/23/2021 Invoice ft 520959 5011 Gate Parkway Terms 30 NET Building 100, Suite 400 Due Date 07/23/2021 Jacksonville, Fl- 32256 Project # 111500 Tax Id 47-0724077 Client # See Below TEL 904.443.0083 PO# NIA WEB www.xorall.com BILL TO: FLORIDA EAST COAST RAILWAY Attn: Daniel Fetahovic 7150 Phillips Highway Jacksonville, Fl- 32256 Description". - 4. Bovnton Beach. f Palm Beach), FL - East Ocean Avenue - Final Engineering/Final Invoice 365A0 .0 Florida East Coast RAILWAY INVOICE APPROVAL F-1 PV1 PO r\ I NON -PO PO Reviewed WO 2290462 ACCT 200.12242 Approved Total 1 365.00 Approved By 7-0-V 9-144 Date Approved 6/23/2021 Customer Approved By Date Approved Page 624 of 896 Eineen. Comp 3r P.O. IIox 12G370 • IIirilenli,r-I, 33Q1N • (3(kb) bb(i-30b5 • itac (3(ii) 32II-K4b4 INVOICE ','1 4!• U0"W,4:A C �: AW'N 4e,"PoG:., ( 1.,. 6/7/2021 FEC 6112 BILL TO: FEC Railway 7150 Philips Hwy Jacksonville, FL 33317 Attn: Scott Bannwart �� 1 r rr'-w,.,y �uutrl�rw, rrsw,"� Y y1 rid a� zrro4" �Ypq NGivk$) rr �i:farTLI3M �°d�Y fir,°a�� {i� Wi w 'i' hyo 1269992 Net 30 Days R21-6431- E. Ocean A �mm N� ,rv,rmx:rr,7i,...u�cr;w'��„✓��rv? a �G,';*'y' rr , r+ 6WT,,'� r;.",i"': „�w,, ,�a N, .r„.v �:Fx Y 94,..r'"P ,I „ .. ,Wn,.1 ,;,1nw •xr..,l1 ,� r P ✓,:,.41, v� ,`� & 4,.,,... ?,v+ Nr".,;, N` y�y qqppd gy , r.yyp A ypgp �r - .ar„yM,�.�"�R,�tl„k. � .. F"�I� P 57,i`�r, ,., ... i:w.� t'�14�f.M..^4�„}9 k`u,u... �r�t t °�,1;, ,�,.. @w&�';,5''ra7'ka9�' ,✓cµ.t,>h� Provide labor, equipment, and supervision as necessary in order to reconstruct tate Railroad crossing located @ E Ocean Ave, MP 12+1519, FDOT# 272481V. 1 (LS) Mobilization 3,750.001 3,750.00 150 (TF) New crossing panel construction 32.00 4,800,00 150 (TF) Removal of old panel & install new panel 67.00 10,050.00 54 (TF) Sawcut and remove asphalt 27.00 1,458.00 54 TF) Install new crossing material 45.00 2,430.00 6 (EA) Thermite weld 450.00 2,700.00 2 (EA) Transition Rail 450.00 900.00 62.27 (TONS) Restore asphalt 150.00 9,340.50 Additional asphalt charge 60.40 60.40 Milling of asphalt -4 His (Bobcat w/milling attach., 4 laborers) 910,80 910.80 Maintenance of traffic- Police 7,392.00 7,392.00 dntenance of traffic- Barricades 4,224.89 4,224.89 L Insurance Surcharge 275.00 275,00 Striping 1,848.00 1,848.00 Wednesday, March 10th, 2021- Hauling wood ties to crossing. 2 1°ractor & extendable flatbed trailer w/driver(REG) 90.00 180.00 4 Tractor & extendable flatbed trailer w/driver(OT) 115.00 460.00 3 NIanlift 52.00 156.00 �... __... — _....r. ....... _. Thank You For Your Business! ,Nmi .gtdfstieaniflorlda.corn Page 9 Page 625 of 896 �g Company,, - 126370 • IIialeah, ISL 33013 • (305) 556-3(15,9 • Vim (30.5) 8L;,i; 1 B I LL TO: FEC Railway 7150 Philips Hwy Jacksonville, FL 33317 Attn: Scott Bannwart INVOICE 6/7/2021 FEC 6112 r „�rrry r a c k;a'y'Y B` N y ee Y "W r Jj 6 �r vY'a I Y e y, - -^'4✓` M. r Q� L1�v6Bfi. ar�I�rv9yr�� bt� RO�T(j�4rj 1269992 Net 30 Days R21-6431- E. Ocean A... r7 r,Y 1.� t A ��7.r . ,fro .i". s'friu i��,�r,M iK. a lr:... ,... � � r:,� q ,,,.,;., s I ay,,.r w.: ., ...., „! ,.r. , C.. � � N„ !! I,....1 ,�,�., , �... i e, u » ,, ,. G i..��..k T 2, W.�..u,%Mr" GNq.•�Y.i��}.r ��ur� I�,Fd rc ,. _. , .� by '�.i�.i PrJ +u n.�r.:�l �.0 (',��n�+ �7�, (�'%'� �� +� .�'...;. ,. i'h..,s=��' ,��`.,... �.7" -�� � �rl, �N a^k.+, �s � i�%... u.,� N ,3.... � VNY ,. p 'Y� ��v"w. �� ;_.., r'M, 7 f.0 I'::%t ,,✓d V ..., ,;.. y ..r r,-l..e„r. "r�. .. d,. v. n. ��, kNi 1, .z��� � 1.r �.�;. � m , ,:. ;;kf � -, '�;�,TE, +w .. �, �rtl,�,. n,., .�;"'dl ,y r.. ,. � "rw':.'G' d r.. w rr �=x „.. .,, ,. ,. ,,.:�d.� laA, ,d�� ,a '✓ .w. ,p><w 41,•^ I d � u ,.'r,y Jly, ,,;1411R� V� �.Yj.,.� ,a tif, n. i3 dv, 9l.r aW&E:w�'' ry N.,. a SY .f ,,, v+"�u Wednesday, March 24th, 2021- Pre -plating ties. I Air compressor, per day 175.00 175.00 5 Service vehicle 18.50 92.50 3 Wheel loader w/operator (REG) 52.00 156.00 2 Wheel loader w/operator (OT) 61.50 123.00 3 Foreman (REG) 35.75 107.25 2 ':Foreman (OT) 53.00' 106.00 3 Welder (REG) 36.00' 108.00 2 Welder (OT) 53.00 106.00 15 Skilled laborer (REG) 26.75 401.25 10 Skilled laborer (OT) 36.50 365.00 3 Field supervisor (REG) 65.00 195.00 2 Field supervisor (OT) 78.00 156,00 Thursday, April 29th, 2021- Hauling ballast to crossing 9 Dump truck w/driver(REG) 55.00 495,00 10.5 Dump truck w/driver(OT) 65.00 682.50 4 Foreman (REG) 3 5.75 143.00 4 Wheel loader w/operator (REG) 52.00' 208.00 Wednesday, May 12th, 2021- Hauling wood ties to landfill/Hauling old rails to FEC yard/Hauling concrete panels to crossing 4 Truck crane w/operator (REG) 85.00 340.00 8 Tractor & extendable flatbed trailer w/driver(REG) 90.00 720.00 2.5 Tractor & extendable flatbed trailer w/driver(OT) 115.00 287.50 Waste management 884,22 884,22 10% mark up 88.42 88.42 .._.. _ �w,_....... Thank You For _._..-__._...__.. Your Business! _... mm_._._._... . �vwxv. gulfistrellnIlor1dn, coin Page 2 Page 626 of 896 INVOICE Guffstre _/.. Engineering gil — • 6n/2o2i FEC 6112 Co 110. Box 126370 Mideah, 111, 33012 ("A15) 59640155 Ria (305) 82'—>5454 BILL TO: FEC Railway 7150 Philips Hwy Jacksonville, FL 33317 Attn: Scott Bannwart Wr„ &", ����'���d�'�a; 1269992 Net 30 Days R21-6431- E. Ocean A... h �a 1 vd a: ,v I.u'fi ,,., 1, a,�..:... LNd ,.: ,�k �>f.,�...r, rva z� ml�w°,uw Saturday, May 22nd, 2021- Testing welds 2 Foreman (OT) 53,00 106.00 2 Service vehicle 18.50 37.00 Friday, June 4th, 2021- Hauling old rails to FEC Yard 2.5 Truck crane w/operator (OT) 105.00 262.50 2 Tractor & extendable flatbed trailer w/driver(OT) 115.00 230.00 _......... _........ R+mr� f31ryF� rN &P �F r aJv�da�N f��� Thank You For Your Business! $57,510.73 u %.N,NN.gtffstrcain florida.coYn Page 3 Page 627 of 896 Florida East Coast Railway Flagging Order Effective Februa 1 2019 For any work that requires excavating on RR property, a SDL (signal dig location) number must be issued by FEC by calling 1- 800-342-1131 ext. 2377. IT IS YOUR RESPONSIBILITY to call BOTH the FEC Railway for SDL number and Sunshine state one call (dial 811) prior to doing any excavating. 1 Date Request Submitted3/1/2020 ._._.... ... �. _...._...� .........._�...._.._m_..�. 2 Company Re uestIng FEC Railway 3 Sub Contractor FEC Railway R uestin Ben Ortegon 4 Person .. eQ. _ . _.......� �._. _.. 5Phone 219-921-6330 6 Email l{f rT„a, c l 7 Fax 8 Services bemg provided for FEC Railway 9 Contact Name 10 Phone 11 Email 12 Field Contact name Ben Orte on _.. _. _._ .._...................... ._. ..... 13 Phone 219-921-6330 14 Emaila 1lS2o r ar,s 21'g e i r�mys. ...---_......._. -.� ..- - 15 Bill toFEC Railway 16 Billing Email Address d;)rtr rrri xlCa tm ¢2v tl _......... ... ...:_ ...:�......:... ..............�...............� 17 Billing Address 7150 Phillips Hwy 18 City, State, Zip Jacksonville FL 32256 19 PO Number O. 20 Start date 5/13/2021 21 Start & Stop Times 0700-1700 22 Expected Duration 1 day 23 Job Location 312.29 E Ocean Ave 24 Job Description Paving Crossing 25 Print Name: Ben Ortegon Accepted by: Do 26 NOT print to sign, please use electronicsignature or type o,, Tea Ott 4!g Uhui, Note: By signing this form you accept your company is responsible for the costs associated with the work. Daily Rates 0-30 Hours Overtime Rate These rates are incurred for 0 - 30 hours. After 10 $1,200.00/Weekday $180.00/Hour hours, time will be charged in one hour increments $1,700.00/Saturday $255.00/Hour at the overtime rate $2,000.00/Sunday $300.00/Hour Holiday Rates Railroad holidays include: New Year's Eve, New Year's Day, President's Day, Good Friday, Memorial 0-10 Hours Overtime Rate Day, Independence Day, Labor Day, Thanksgiving $2,000.00/Holiday $300.00/Hour Day, Day after Thanksgiving, Christmas Eve and Christmas Day Job setup and breakdown takes approximately 30 minutes to 2.5 hours each day depending on the type of protection required. This time will be added on to the working hours. Should less than 48 hours notice be given, a mobilization service fee will be charged of $100 per occurrence. PLEASE ENSURE THE INFORMATION ON THE ORDER IS CORRECT WHEN YOU RECEIVE YOUR CONFIRMATION. FEC will send your invoice via email to the billing email address you provide. ALL CANCELLATIONS or RESCHEDULING must be provided with 24 hours notice!! Cancellations, Rescheduling, Callbacks of assigned jobs provided by RailPros should be managed with: Sunny Richardsonu,4,wiL g.,�li^�gr �,mg phone 904.699.9955 or Sean Quigley phone 317.667.2864 FAILURE TO DO SO WILL RESULT IN A FULL DAY CHARGE! tNuouwuawgIhwow WN be g.g:gwlgl�sted erlGP�flk;ywill be sertru:uw,cwI113Ypla1fllPiics,IPlle,,niuglertopoilliuwrnllwa13elowrrrlhen g rlNtngallzralgt;Go1b SDL Number (assigned by FEC) FEC MP312.29 - .... _--...,.,,._ _ .....--- -_._................._-.- _ ..._ ..._ Job Number# 32785 P a _... ....._......a __._�.�. ....._.. Work Order # / Account # 2290462/ 200.12242 LICENSE AGREEMENT THIS LICENSE AGREEMENT, effective as of the������ �������. day of�. 2000, is between the FLORIDA EAST COAST RAILWAY COMPANY (Address: P. O. Drawer 1048, St. Augustine, Florida 32085), a Florida corporation, hereinafter called "RAILWAY" and the CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, hereinafter called "CITY." WITNESSETH: That the RAILWAY, in consideration of the covenants and conditions hereinafter set forth to be performed and kept by the CITY, hereby permits the CITY to construct, use, maintain, repair, renew and ultimately remove an at -grade public road crossing across and over the tracks, right of way and property of RAILWAY, at the RAILWAY'S Milepost MP 3 t2 + 1,519', more particularly described in Exhibit A attached hereto and incorporated herein by reference, hereinafter referred to as the "CROSSING SITE": The CROSSING SITE includes any railroad crossing warning signs, crossing surfaces and automatic crossing warning devices which are, or might be, located within or adjacent to the above-described location, provided that, the construction of the CROSSING SITE shall be done by RAILWAY as provided in this License Agreement ("Agreement") and further provided that, notwithstanding rights to the CITY granted herein, RAILWAY reserves the right to perform all work required on RAILWAY'S property including construction, drainage, lighting and vegetation management, in which event CITY shall pay the RAILWAY the entire cost and expense of labor, materials and equipment furnished by RAILWAY in performing such work. :'rtr5tcn.i` Page 1 Page 629 of 896 The status of the CITY is that of a licensee and not lessee, granting the CITY the right to use the CROSSING SITE as specified herein. In consideration of the granting of this Agreement by the RAILWAY, , III III 1111 tnd no utility, including telecommunications accables; M 2. This Agreement is for an initial term of one (.' days prior written notice. 3. The provisions and stipulations of this Agreement are a part of the consideration of the licensing of the CROSSING SITE, and in the event the CITY shall fail to comply with any of the covenants and conditions, then, at the option of the RAILWAY, this Agreement shall be terminated with full legal rights and remedies retained by the RAILWAY, including but not limited to the right to reenter, repossess, and remove the crossing if it shall elect to do so. 4. The CITY shall grant forthwith to the RAILWAY necessary permits for the installation, construction, erection, repair and maintenance of any of the RAILWAY -owned or maintained facilities described in this Agreement. If the CITY fails to promptly grant the AF t'g.; VA Page 2 Page 630 of 896 W RAILWAY necessary permits, CITY shall bear all additional expense incurred by the RAILWAY attributable to such failure, including costs due to slow ordering of trains. CITY 5. Unless otherwise specified, the cost of installation, construction, maintenance and replacement of all facilities at the CROSSING SITE, including but not limited to the crossing structure and railroad and highway devices, whether performed by the CITY or RAILWAY, shall be the sole responsibility of the CITY. 6. The RAILWAY shall install the warning devices, including the fixed signs, flashing lights, bells and gates (collectively the "WARNING DEVICES"), at the CROSSING SITE at the sole cost of the CITY. The WARNING DEVICES are a Type III Class III installation as defined in the Florida Department of Transportation Schedule of Signal Installations by Type and Class attached hereto as Exhibit C. Installation costs are estimated to be $160,040.00 as shown on the estimates for signal installation attached hereto as Exhibit B and incorporated by reference. In addition, CITY shall pay unto RAILWAY annually one-half the annual cost of maintenance of said WARNING DEVICES as provided in the Florida Department of Transportation's SCHEDULE OF ANNUAL COST OF AUTOMATIC HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES, as may in the future be revised or amended, a copy of which is attached hereto as Exhibit C and incorporated herein by reference. The WARNING DEVICES will be owned by the RAILWAY and shall remain at the CROSSING SITE until the RAILWAY decides that they are no longer needed or should be replaced, or until other legal requirements are imposed which shall eliminate or substantially change their operations. Page 3 Page 631 of 896 7. The RAILWAY shall replace the existing 64' wide Type T -modified grade crossing structure with a new 64' wide Type T-n�odi:fied grade crossing surface (the "SURFACE') along with other improvements as shown on the drawing, attached hereto as part of Exhibit A, in accordance with Florida Department of Transportation Standard Specifications for Road and Bridge Construction, Index No. 560, as may be amended, at the sole cost of CITY. Installation costs are estimated to be $53,100.00 as shown on the estimates for crossing installation attached hereto as Exhibit B and incorporated by reference. When the RAILWAY determines that the replacement of the new SURFACE is more economical than its continued maintenance, the RAILWAY shall have the exclusive option to replace the SURFACE with a comparable or improved structure. The replacement costs of the new SURFACE shall be the sole responsibility of the CITY. The CITY shall, at its sole expense, maintain and replace the remainder of the road inside the RAILWAY'S right-of-way, plus any paving which may be located between the ends of the ties. The RAILWAY shall provide a construction watchman at said CROSSING SITE while work is being performed by the CITY under the provisions of this Agreement, at the sole expense of the CITY. 8. The CITY agrees, acknowledges and understands that the RAILWAY reserves the right to make any changes at any future time in its existing tracks or other facilities, including the installation, maintenance and operation of any additional track or tracks or other facilities on its right-of-way at the CROSSING SITE. The CITY agrees to bear the total expense of any changes or additions to the pavement and traffic signal devices, the SURFACE, the WARNING DEVICES or other railroad signalization equipment at the CROSSING SITE, whether these changes or additions are required by law or order of any public or judicial authority, done voluntarily by the RAILWAY, or requested by the CITY. Page 4 Page 632 of 896 9. The CITY agrees that it will install, maintain and replace all necessary drainage facilities to prevent the accumulation of surface water due to the existence of the CROSSING SITE. Such facilities must first be approved by the RAILWAY and any governing bodies having jurisdiction thereof and operation of the facilities shall also be subject at all time to their approval. An additional license agreement may be required by the RAILWAY, depending upon the location of such drainage facilities and type, size, depth and other specifications of the proposed facilities, as submitted to the RAILWAY. 10. Lighting facilities adequate to comply with the requirements of the laws of the State of Florida covering illumination of road crossing shall be installed, maintained and replaced at or near this CROSSING SITE by and at the sole cost of CITY. 11. The CITY further covenants to pay the RAILWAY, within thirty (30) days after presentation of the same, all bills submitted by Railway including maintenance bills as set forth in Paragraph 6 above and all bills for electricity for the lighting and illumination of the CROSSING SITE if same are provided by Railway. 12. At the termination of this Agreement for any cause, or upon termination of the CITY'S use of the CROSSING SITE as herein described, all rights of the CITY shall terminate and the CITY shall remove, under the RAILWAY'S supervision and direction, at CITY'S entire cost and expense, said road and all non -RAILWAY -owned improvements placed upon the RAILWAY'S right-of-way and restore the ground to its original condition. 13. The CITY shall indemnify, defend and hold harmless RAILWAY for assessments or other charges of any kind whatsoever against the RAILWAY at any time for any portion of public improvements installed on or within two hundred (200) feet of the CROSSING SITE arising out of the existence of the CROSSING SITE. Page 5 Page 633 of 896 14. The CI'T'Y shall not in any way, or at any time, interfere with or obstruct RAILWAY'S right-of-way, the movement of RAILWAY'S trains and other railroad operations, or interfere with the RAILWAY'S use thereof, or the use thereof by RAILWAY'S assigns, invitees, lessees or licensees. 15. The CITY acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28 and acknowledges that such statute permits actions at law against the CITY to recover damages set forth in such statute for injury or loss of property, personal injury, or death caused by the negligence or wrongful act or omission of an employee of CITY while acting within the scope of the employee's office or employment under circumstances in which CITY, if a private person, would be liable under general laws of this State. The CITY will include in any contract which it may let for the whole or part of said work to be performed hereunder by or for the CITY, each and every one of the terms and conditions included on the document entitled "INDEMNITY OF FLORIDA EAST COAST RAILWAY COMPANY AND INSURANCE REQUIREMENTS" attached hereto and made a part hereof as Exhibit D. 16. (a) CITY, at its own cost and expense, when performing any work in connection with the CROSSING SITE shall request RAILWAY to furnish any necessary construction watchmen for the protection of RAILWAY'S employees, property and train operations. RAILWAY shall be notified at least one (1) week in advance of the performance of any work in connection with the CROSSING SITE. (b) In addition to, but not in limitation of any of the foregoing provisions, if at any time RAILWAY should deem it necessary to place construction watchmen for the protection of <F ,ate -!era Page 6 Page 634 of 896 any person or property, during the construction, maintenance, repair, alteration, renewal, or removal at the CROSSING SITE, RAILWAY shall have the right to place such construction watchmen, or other persons at the sole cost and expense of the CITY. Upon receipt of a bill from RAILWAY, CITY shall promptly pay RAILWAY the full cost and expense of such construction watchmen. The furnishing or failure to furnish construction watchmen, or other persons by the RAILWAY under this paragraph, however, shall not release CITY from any and all other liabilities assumed by CITY under the terms of this Agreement, including its obligations under Paragraph 15 hereof. The CITY shall give the RAILWAY one (1) week's advance written notice when it or its contractor or anyone claiming under this Agreement proposes to enter upon the CROSSING SITE to perform work under this Agreement in order that proper warning may be provided for trains. In emergency situations CITY shall give the RAILWAY telephonic notice. The CITY further agrees that at all times its personnel or agents are on the property of the RAILWAY, they will be accompanied by a RAILWAY representative and any cost involved will be borne by the CITY. 17. After the SURFACE and WARNING DEVICES have been installed and all other work to be performed by the RAILWAY under this Agreement has been completed and found to be in satisfactory working order by the RAILWAY, the RAILWAY shall furnish to the CITY an invoice showing the final total cost of material, labor and equipment furnished by the RAILWAY, in accordance with the estimate of said cost to the CITY to be $213,140.00 set forth in Exhibit B and CITY shall pay such invoice no later than thirty (30) days from the date thereof. 18. Installation, maintenance and replacement of any and all railroad advance warning signs and pavement markings on any road approaching the CROSSING SITE shall be the sole responsibility and cost of the CITY, and at its sole expense. Page 7 Page 635 of 896 19. The CITY shall promptly pay RAILWAY all charges for replacement, repair or otherwise of the CROSSING SURFACE and RAILROAD DEVICES within thirty (30) days of the date of invoice. Failure to promptly pay to RAILWAY amounts billed as due under this Agreement shall constitute default by the CITY. 20. The CITY hereby acknowledges that it has been notified that its personnel will or may be working in an area containing active fiber-optic transmission cable as well as other cables and other facilities. 21. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 22. This Agreement will be governed by the laws of the State of Florida. It constitutes the complete and exclusive statement of the Agreement between the parties which supersedes all proposals, oral or written, and all other communications between the parties related to the subject matter of this Agreement. Any future change or modification of this Agreement must be in writing and signed by both parties. 23. It is understood by and between the respective parties hereto that this License Agreement cancels and supersedes any other License Agreements between the RAILWAY and. any other entity. t,- v Page 8 Page 636 of 896 IN WITNESS WHEREOF, the RAILWAY and the CITY have caused this instrument to be executed in their corporate names and respective seals to be hereunto affixed in duplicated the day first hereinafter written by their undersigned officials thereunto lawfully authorized. Signed, sealed and Delivered in the presence of: ' '�� � cl s Bks to FLORI�QA EAST COAST RAILWAY COMPA:%°, a Floris corporation By: ATTEST:<? . ck)- ..°�.....: .... Assistant Secretary DATE: l 2� f2l o CITY OF BOYNTON BEACH., a political. subdivisioof the State orida By: Title: ...................._1r1') �? `i O..i.. Attest' Title: C ! T -f Ci-ERi ,,, Date: 12 - O S `O O Page 9 Page 637 of 896 7.E. Requested Action by Commission: Approve an increase to the estimated annual expenditure of the US Communities contract # EV2370 with Graybar Electric Company in the amount of $90,000, increasing the estimated annual expenditure from $60,000 to $150,000. Explanation of Request: Contract term: February 1, 2018 to January 31, 2023 On May 1, 2018, the City Commission approved the utilization of Contract # EV2370 with Graybar Electric Company for the estimated annual expenditure of $60,000. Expenditures have increased due to cost increases because of recent shortages and high demand. Additionally, Utility Field Operations performed inventory of all lift station control panels and found that many were in need of updating. Originally, panels were updated both in house and via outsourcing, however now all updates are being performed in-house and therefore the City is now ordering more product directly as Utility personnel are completing the updates. How will this affect city programs or services? This will enable lift stations to be repaired in a more timely, cost-effective manner by providing supply necessary for updating control panels in-house. Fiscal Impact: Funds are budgeted and available in account 502-000-141-0100. Expenditures year to date $61,219.00 Alternatives: To not approve utilizing the contract and issue a bid directly. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? 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P' Inwohaae Oiri and ork Oiri (lad 111:ki iinem'fmnlme Order 0111"'r( etmellllll ori afll 11:::::]ec.tHcalj,i III,,,,,I,'gfi Data and m"P ecm urUf UP°Nrio uots and Related 1P°1romf'I e,,, Sellri an ''SoIIl fiiionmaM (Ilfrlereiiiurm r "'the IF'romfuum ollr '11:::4-tio 'uum amid Semvmm; " " or "Sermmm ° a" dqj1pendlirig our the context of ffine 'ter rm6 used' If,� mmrmearma of a I12urabaae Order leam„med Ilb' 'the 01I Ms IManager of Semlic Iii- iich eu'd ohleumlf 'I buildsIlhm e. been cedtfied and encu mlf,merr'em,1 I1bthe' Illf '°e I11)il ' d, or of IU"""liiurm ur'llo CON ,,,I,,. AC."i afm6111 sof promr"wde eurm "Products"' or- "Products aurm'd 'ServirAso olm "Se'm 6w liirm e " ee of fllhm'e dl161118r 6m'mmoainf oourmf61im'me f term aurin UP°'mnlmnro*memme Order emend Ilhf 'ffineure W nin a ,,, „uted ' 'ourfw Order, beWeeiimthe i°Pf alritd 0011iIUf III II II IIP , I ff if a llhmallllll Minot Ilbe elnm'f1l4med I11;o aurin„ Ilea mmrmemm'lll; firm I III1" ' In axwes of 111be dollllllaur ammmoanrmf o'f fllhm'e III°1wmr''ofrnaae Orders from II! a en If aluidlhm alwi lire suffiloirized In Ism Work, Order 'executed Ilb lI Y amend NITIII "M AN 1:31uirchase Orders sheEII alumflorrraf'f QUI Illrmrumom°Il Duan fe fllhme I ormfracl arnumf 61111 Contract ii mN. Wlrermm'emrmfe even If fllhme Coiri is rrmof referenced , (b) G'oods aired 1112rodulicts CON I IRAC"°I'° OR atm 'HI Itim6ly prommiiid'e 6111111 (Goods a'rxi IPmmid uofa ordered �by fllhme Clr( at 111he I11:31riloemm set 'fom-fern 16urm 'lll'Jlhme ICoiNfraof, "'rlfine 'fanrwale "Gloode and "F:::1irndr„i are ul,mmmed Um,mfaur,ofmalm°Irgeablll under' this m,imnfri al ld Ieadhm feurmal lIlrmofadea'ffine ofUhw Iferrrn. o Seim4we om°' ork Orders for lbc:dh IlDroduA armd �"' r Ili mr„ 1 m " hie CITY rinay irequisetIISW'T R, AC"°I"' OR to proVide Sam --i lour It*11111 IProducts armd Seri III°1r'Uour to i 1"' ACI' Il f mmdbrmrll'u'ffliimmg a ltlle� in 'def61flied IIP"'1rrropnp41l fore° 'Sermriiioea oir for boffin 11::1roducts Immmnd Services to a requesting C1°°I'i 111be cIIP °r1RAC OIR ur ulmm+uf; obtAin written auflbomrii m'IICUomm 'furomm this CII( 'gym Ill aroma lellr of U �roou nrermrmmmnrm'lll, Slemm lll' 6 to mlmmmlbrmmlllf Imm IIP mm,olll; ealll 'fo fllhme CIII"'ry 113p1paurfmmmeurm'fµ,'III' ITIIP::I�, I "IIP::f ellhm6llllll rnlof peen -i aiiny Sairivloas our (pro' mm a (K 'it'h SerViloss and IIP:Nroduurofa illumunUleee 'the ll armager mi;mf III°3r'oouremmmenrd' Sf..oiNices authorf ues CON III IRAC"i to 1prr Ade Services or bo'fbl Products ainild SeirUoee arid 6111111 IofUhmeir m'mfmmrmofm„walll reqUivarneints are urmmlef Illmmofuumdlrmg fllhm'e Fliiftfrmg 'fw„mur 6111111 III°1ruduum M Rimducts arid Servicesaind SerWons„ IP3r'or to fl -me IIl aurmagem°' orf 1:31rocuri Sem iii'oea authorizing CO:Ihrr RACTOR to I�;mrro ide Services or IN:011ll1 IIP:^1mrodmmofa aundSeurA ° e to in 1111°'U ur IDr..paurfm merit, the IV anagen of iProw,nrerrulermfSemioea ellh,mallllll' 6, b1f6111nm II IIUI fllll', if ll ; goals frormm 'fllhm'e 0111 NN's f IIF°II Rellaborm m'll” the eellf'Iwmma'fed cost of 'If le 'Selr iii' , e loin-- 11"roducts armd BeirVilces e , ads IlCfine doIlllUalm° thiii-lestm,fltls for 11WRIEWIRIE.Ei 'goals army Wori Goals for' 131 1::: 1:::::1 goals, bw If°'llla'mme the 6 roe IrXiirre or of IHuumurmmalrml 111"kola bmmrm6 wfa'Ifern mliilmme 'wmeflllmeur° the rmleed ,U SerVices aur~e subject to III°11re aliil11rmg ' 6ge miquireiri and Pa rnarm'f Il3ourmd amm'mf UP°,l'erfolromaru " and IU aiiirrfermarmm m I113our d ureqmmlPurermmeurm'fmm; Illlmm��lrmIIIPIR DoE' m m� m m' o R Ilm�m'mUC�l”m'�mlll''m S ............ E"I'C ............ E ............ S a 2'm (II IIEV i21,,,o&-role) Page 641 of 896 u"mompSil n II nydb4m lIM 4AD20MA111Z� mmmmmuu °m° °m m°m ,mll ,mm,wmmm mm, Any otheur III,,,,legall Ire Uiremrnemrds Including inn lrmmg11l llallrm with the III " "'a SIM raq,,flirements , if the IIFTY'6 MRIEMBE 1pmrogm°armrn req, UlireiiI mia not IIW,mF, Ic,, It:i#1 clue to Ilan lll, urninelii'urmg the ioIlGlaur Iliimmeallhmolll a, 3 If thin Manager of li°I1rool m°eurmmeurmlll. Services aaflhmomI'CON°"i1IRAC i"W 1111 Ito su,N lrmliit i°I11imlpoaail femur �' I III' W ,08 Iuaur fouw Iboth F11roducIft and m' eii „'e,Y c' III "'rF1LACT ',' III^t,, 'mmllh eli eiiubrnit a do.t9liled II°Idmrolli Fall mffm'mmli includes tllhme Soplim of Sem im a, the 1f I1mrollpoaed 'Sdlm d,UlUa, the 113dias and If allp mlllim a1Cm11e,p imiiI with M131I llfiiiii goals, IPure 6illlllluwoug 'image Ire uiimremmmemrmta,,, and I113armeuwmf Ill ourm ' eine F2erfoirimairice II iregr„mliremlmmerds, our m i,.BE aumim 'immeurmfe, if Me III�'Y and f�i 4, rfl , 1'01:1 aguree to C"w l 'I T VIII Purg1poaaire 't e C1 ry X111111 Issue a IPm,,wm chalmme Order and lou* Dirderthat Is a ,ted II the 'CITY and O°1f"II°' °1f 6R. All Wimillk Order -9 and If3alwrm,,;�llhmaamm Orders signed Iby the 161r aind c 11 rIIRACT ii alimallhW am„wfomrm,Illoflil W11 Ilhwm mripora'te tllhmliia Colintract (even 11,11” 'lll s WorlIc (.)iiixJeiir does Ilrino'li speoWfi ,° WW iurm „ m°Ilpomrafe this Cioiritra.. ot)„ CON"'Wi"1i ice""i'°alR alimal it lMlllll the GlIty, In a four a ,w . f,mtal ll4 m to this Cliff,,, Dorm fllhme follllll iurmg Ilh,maalll'a mrurnowrntMy See. 4. III!!!i llIm I111)mta cd f"viWommu'tract. (a) hlotwfthdandiiirig Section 2 of t1hiia Coirdracl, urmeliflhmeim I alrf li'mae any olimWigafilourm Iuurm 'er Ulla (;'omrmfmr mct mem-AMIl the III amrmageur of III°)rocuumuremu wemmt Services liiaaaes a IIIII3Ilummro' a Irdem'IlhmioW'm alVmallli lime siglrmemf 16y thie Ci'li "a . 1 'iuractour of IFiiurmaurmmme ceitfyling f eure is a Iimallammoe,, othtm i we a„mlwrlueurmoam°wiuibemre ,, fo the m.,nmrWjlIt of Via allp ur mli,mdatlion lio which '1111he 'e IlipemImrre Is to lime w heirge , aunt a rash 115.61lalrm ° W otlhmemrvdse luurmelmmcumrnbere , Ilin fire Iim weum ,U 'to time credit lot' the fm,uvuwmd from wftich pa rrieurmll: WIllil be Irarrna e,d each su fWoiemrnli to urmmeef IIC e ollbmWW,gatiouru Irmumed iurm 111, e PiLvi ha' 0mrew°„ " h� e date of the I111iii mf Puunwr fma me 'Order, Issued limy 111he fwplll°"i ' le If a efEw.,tive data of fi°Inliie Cointim. t„ "'n -me date of, tfine III II111II1urchaaa Order li'eaae d ig 'llb' e 'C I rY after the Cil"'III "'Y ur ii , tfmila Commfracd alimeilll ibe 111he effective mate of the renewal femrmrllrm Ir,mml° fmwamrmallhflWom� 'femw��°m.. o„ S„ iinef a. Via) CGIS1°"i"'I1 ACTC)IIIIIi, s afl 'IrmUI to 1C1II a Ira a„nII 6t 'fele° rypa mmrmemrmt (Ihmereiwrmafteir ' 11uryc;mliimm';I for ur llmm we perfbirmad imrm SlaffioWenrwllh, deiAiii four the f;;,ulll"'lliY ton iimtemrm mliino that the amrmloluuumrirf f fllP i IIP ,u 'f'wl f iP, Is IIEling IIA In faof Idue and, Ilp p' aJlh,mllUe, GI �'W"'r( efnraIIIW not pay auruy Illurmmmcmimume firm m CONTRA , ">flm m,murmllleaaII°°W°'RAC."'W° OR . is ilurm nolrruglpllliance with,,, aind II imrm Ilhm'm"aam, m Immm''° defam,mlllt afro 611111 femme, oo emmaurdz� Iwmmlr'm i Inmomrmd''iliir.,mmrli'Irm col' IlHe „, mi,�ourmtm^a���r, i mtamrrli�agiIwlme are Ir�lu�wafaWurmmW by G1°'1If' as a II Im;m'Ilf' fmureadim Ie,mmr° Ie„iefamJnllhf by (G;IIQISW°'f f'willI rf nmay vAtIfthold Ilpayurmmeurmf 'Iulw) Ilio (li lltmi°°f°II ACTH n1 , °four fume purpose of set off II such tliirne, ais 0m exact 6uI II idamegies diiime to 0111r1 ourmm ci!;,i�rli rAmIIryliav b. 6 defamrlrellla , MRr R,A III III""'m III":R Off';;) VCS �4D SERV"� ES 11 u g 3 of `ren m (REV � iillp� 111 � Page 642 of 896 DwaSI nIlEwalalpe 111): 01111M)EI 11311RDO (c) Gi I Y Shall not Ilpromma CONTRACTOIR's, 11111,1vn[ce 111'xill"86 CON rRAC ['101:11's [imivoice Is in 1V:mqpeir forii�'n, 00111TOCHY Wimpulled,aurid is appmed Iby GITY as Ilia, l:A9 t,uridarthlis it"...irin,is of, Ibis Con bact ((J) Cl I'llir is not flal:Ale foiil° aimi obllgatloiri liiurmommrm ud Iliy exrept, as appimved luindeir the Ilpruiiisliions of t1lis Contract. (e) If C0NTl::tAC I"GIR 6 irM.— ii.jiliimd to urneet goeflig for thW Contimcl, CONTIRAC"TOR 9MIHl not st.it3r,ftit arm InV61108 to the City 111"llirlilless CGIM I'°IIP 'rm::;t'° Illirrlvolce is siormimpaillie'IIIA �a loqpq of the irnost, iim. rant 00485.01 llMNVl3l::::IIIM oirithly Ifilizaillion IIU1allpomt sulbmlltllsd Iby CONTIR, ACTOR to Via Cftys I ft,iman IIP19latione ll)epeirtrrileiirvt. CGINT R -AC "rloi:i Isiiaii reimain c lu urrard on CONTI::,LlAC filing of 100485.101 iMMBE Morythly I tifizafloiri Ilflllalllmurts Gli I Y WhWll not, 1p ay CON r1RACTOFt's lirmolce t,ullimss Is cw--IiI,iemrd lan CGINI I" R., A QFZ's lftiliii,ig of 1DO485 Dl IISMBll:....Z . MimiiitMy 1.iUli[,Z.StilDlll ll::tejpoirts F)aymieiii,wt rlartwrms aiiv n(...A, 30 days Sec. S. FtleiDiii esentailllimim and Witiriviintlem of CIIIA TRAC1111110111t. C0114"II RACTOR lheiirr..,tt)y imlpxesentz sind warranillstothe CI I Y the ftllowlirig: axim rRA Fl Is in goodstandling luinclar the laws of the state ofMillammil and each „to in wNich it does buslinliums, air II any st.jcti stats wheirs ilbe f6lit.,cre 11b be in good stairiiii1iiii,ig wmiAd not Illmillmra a IrnatarialU adveimm.,, eftet oiii,,i iit:liblfilly tlD Ilpemrfbiirrmm this (;,k.)rittact In am, mw witl,i 113 t.01117TIS. (b) rihw exxxmuoin, lidelIvery. and psifformairme �l*. C(XIM I FtAIl,'.TQIR, of this Gr,::mntracl have beeirii lick,fly authorizad iby afll iirse asair miqpaim.. to action aind do not �:.qind YAH ir�iot (11) requiirl�:: ,v � any w ineqn,111: or qpljprovni ofC()ISFRA 1"OR:Ts board of cElim:tDrs; (ii) iireqLllllrfl any atithDrI72111:101111 1,1 rou, inseril lcmm-- qjppllrov6ll Illiy, olir, iregistilradolli'l, clockillirgitilon or filing W11 --ii, or nollllce W, afly gllDftimiirnerftI dqjpaiirl.mc,,oird.j,, ooiimiii,Nssloirit 1, Ilboarcil, buiveu,,agenlcy or Dii-°army thiird Ipatrty, exoqj$ suich autIvrizallon, wiriseni'llL, i9qpljpiinr.:pvnl, iireglslratllniii-ij, clisclairefficmi, ilftfliii,ig oriinotic*iu:118 has Ibeen W,AaIned piii-Ilicir to the MB tvEmmof; (111) 061�ede any IlproViislon or imny lama, urWin our irngt1lation oi of siny cmix1eir, wiift, liirrmjmJturmoticon oir idecree pilrm sauitlll' Illwm 110frect 1"Mviing appElica-bliftyltoccaisi riiACTURR or lulls ixillbles cprby lawsp, airW (1v) rest,ill, liirm a Iburnach of ar 00nBlIftUte 8 CWBIIUllt Uiii'ider ari'y mateirlai agiresiment, Illea so ID111" to whkl'i 1IC ONTRAL 701::Z, Is a Iia 4 or by which It or Its IlPmtropsiftim, a imay I:* LXXIIINJ 011' Rf%Gtod cor,,,i rimCTOR sh6li not enter illinto i'miny oointrect for tho so., ii-vlllces to ;VIII"' r that IIpurpouts ilmm glim'. ird Im wouwl'll iiitrmtarast Or 111gl'it of repossf...)9slon to Imltn Iltrmau n or eiitfty Iresllpeotlrmg the Beirvioes" 11c)1ir IM-111-ly jr.mwilficons thersof or chattels Ilplllacecl theirr..,icoin. (d) Them., liis F-11110 lltigailoinj,i IlpromWing or other linvestigatioiii-i Ililmaurmmlliiurmg 110111", to t1he knovilliedge of CON, IMIRAIGTOFt, thm:16teined agelinst CGINITRUIX I GIR, ma' Ich mit.,tid prevaird of tlheltrainsacffloiirm by this (I Or woUld have a trnatetrllialllllly adverse effect on CGISI I RACTOFill. (is) waimants that afl goods sihid ll:Droiducts am so�l�ld free of airy secuirlty [intaimal and Mli rnalm avaElatAe to ci ir( aii transfeiimblle wairraiii-ifles (linclud[ing Y&I-iotit ElMitation ,Ilr t Ills!!)RODUUTS AND SEFIVICES Of '0 (REV °"II N2-05-16) Page 643 of 896 ChM18191in Oii"ISDEII. I INDEX) wairrairiVes w0i Ireall mo Iiii-ddliecttial priope. iiV linfirlirigemen't) imade'Ilio C0114 I - RAGK by ti -is rnaiiniiulfacturuiii,,� of the goods CON 1"R, AC I'VII::1 IIMAKES Wei lo 6 rl Ell IIIIII0i:::111 rIES1, Z AMID I Y MAlKl:..:..:,S 1410 UMPI lll:..:..:.D WAI'lFtMil I 11:11:11:iS OF::IIM11:::: FIG11 IAN IrMii ir( aii, T ii::::�i rIMESS 11::::DR Pk.HI::klF:l0SE 1 11411 11:..:..:.SS OTI AGll::;lElEl!) IN ' 'IF111U"'WII IIU N AU ri 61IRIZEDIIP IIVIE' 101::::` SII LLI:.: 1:21:RIII UCT S011 E) I ARE ,NO 1 1114 lFlENl)l:..:..:,D ll::::0lR U811 -"'-"k IN011:R CONIII' 412 - CTIGIM WITI f 1) ANY SAF::]ETY A13121 11CA"hiciiq GIRTHE CGIN OF� A INUG11 llfilmAl:R IFACII I I Y, OR 2) IN A I HEAL I I 1lC4,AFZJlE. Sl I UATI10114, WF I'll HE GOODS H"E 136 rE11114TIAl„,, IIF:DR ll!Yll::tEC 1” 11::::1A i I ('FQIN ["AC.7 Z : :1 ERIX (13) �FOO I G11 EARMYCE 19:110M A I CAN, Iql0T 113 IMI IN MlllEll) A"r AL11 Fimi:,,:,,:ls. (t) Neithiiair IIGmirty st-41Hl be IIIWaII,,rale lh),r any deir..W airf6114im ilb Iperfoirii'n unidaii-EII-lis Agirasimeirit M 'ilfhe eveirit aiind to the exteint thalli: such ddlay 11131" faIlituiure arlses out of wair, dlvfl1 cor-nirrictloiri, alaW, uf Goad, ardidenit, flre oiii-- watair dernagel, explosloiril,l strikeR or lock0uts,, 'ela limn Itiminspoiddlort lriogllslative arlJort, governmeint regulations or any dtheiil" leveird beyorlidlibe Ireape CtIve paid, is reasoindblia cmirdiml. Sea. 7. survival of tille Warrardlies aind Coveinaints. wairimirMes ainlid coveirsaints expimssod hereiiii-i executloin of thW Contracf for thebionlefiftlaftlI-ie 1U:mirtlae hereto Sac. B. Goveill"ning Law,. 'rttls Coiintradskiidill Ibe coirishuled aind govaimed lin aoxmirdaiii,ice With �the Ilbawe of tht''"Biltallia OfMISSOL1111"ll withiout igl!Vlng effect to Missouri's childice of iaw Ilpirnvisirviris. "rtie ci r( eirild caq rlR:ACTDi:l: (1) subMit to the jiudadclior-i of the state aind fedeiirdl� cmurts located liii'i ,Jacksorm County' ' Wlssot,d', U any and 611 61I:r�jectlons to judeddiloin aurin d vainue; sinlid (3) Mii inot ralse fairuirn non convenlens as iaiiri objecuoin'to tlhic locatilon of any lltlgetlon. Sec. 10. "ll"eirminatioin fbir, Converfleirtce. CIITY iimay, at any dime upoin fKasin (f 5) d6ye wrKtan irlilotilc* to CQ14TlR-,,l Ar.TQlRaqWlfyilng the elllectivo date of this Contracl,i liiurn wl-vdle oir [in Ipairt Sec. 1 D. UC idaullit arviid Flemisc.111lies. IfClr,,)NTMkGl OW'° 'slh;aH. The In deftult oir Ibreadh liolainy pruldelon of this Cointrur.,-1,, Cll l"'Y may ternnirtii:11bis this Coln. ram:,I,,!igk.jslpisir'wid Cll'rl('s IprliifDi aacr,m,, , ithlholl Ipoymervt or linvoke a.,invother We all or equitablereirned,Y after glipling C011111111 llI RA16"'noR tein (110) de, written inotice ciiind 01pporti.iinity to cur el much idel'aulft or 1I imach. (b) If 1101 ri( alhd The lin idefail,llft loir kxreecdh of ainy Ipirmplliailolrn of this lCoininact,, WIN rlRA IR rinisy terirridnale thlip,oointrtii[ir,2 lir.xr sualpaind ll[IN rRA4,71OR's IWmelrforrmnalruce nafWrm r 4 liviin IP 11 I Yten (111i)) days vaittion inatira aind DpIporti.iinktY W amirn sii,iiclh diErfoult or bm, ach. M 101 r)rs reriniiWles undier this Aoriseirriont for the Ipm,rlrchaae of IGor,xJs rl,minIr roductir..; acre aii,,ii1b.led, to ainy IllimiltWonsirmirytafiriml lin Irinalnuurfacturmelfs terms aind Doindkions to COINTRACT101R,, a loolp, of,which 11101111 The finnished ii,poin,imittein Ilre quest. Furttiornnioire, C0114T R -Al CTOFRI,"s 111albUlty 91haill The 111irinked 60 alitheirrelp'.dir or IreIW liarximaint af thin goods DrPll�-Dducts ;r:ikind irip.ffuind of the purindhasis Iprirm, is IW atlir,,'�IDINT-PiJ.."i,,CTIDIR's orftlon, and lin no case iiiMaill COINTRACTOR The flable for ilinddiir:Nntall or Doinsequentlell lidaim,iial e. Illru eddftloin,, lidallirins fair shoutagiae,, irAher thain Ilona lin traair Irrnust lbio maide illlrn,wiriting iniot imoire thain five (5) days rafWrer,lrecmir..4 li& shillprineinIlL iWASTER CON I RAC I110III!!!!!IROr')U,CTS,ANlll' 'RVI,CES II urge 5 020 (REV 1 6) Page 644 of 896 1XIDUS1911n IllllnrluWW @Ilm'; 0111111XIIIIIIi BIBIM 1M"1he MIIImIlfalllUourm af Ir»611mruu6u llla6 Mimlposed by If hiss Slacf'Mourm M6 cxiUy aplpli a INe to'priDdiiixte 6umumf Good's IgruAd6d iw c;iIII '°'r1RAC 10. F1 Imlm t1lis HImnitaiIJon of re mWIU ctlo wet Is urm l qpjplllicable If VIIm riiAc°'Ir IR 11ximVides Servicesour, lboth Nl iii- u!w, ods 'am -id Serftes puulr lluuall 't to amfMorm ) of Ig,Nhmllla 'onfm-aof, See. II Walver., WFMver Ib by orl Y of aura Iliennrm,, oomra'lnaurmf,, air wridlifilorm MI'mauracif 6tiWIV mmolll ollCmmsmrafa a6 a wailver of any subanquient Ilbmma lh of flha 66m6m our of army cdheur farumrm,u wveii,iant or wrildfflon. IIP11fo tenmi,l coveiii-lainti, or oourmdllhticwm of tHs Contraof cein be m alli msd excepot IW1. wrttteirii coullsellIt of IM°"M'°"Yj amend forbearairice or indt,flgarilce 6y ci"'ir( Illmn any regard m fmafsm s s ar 611hmalVlll urmolll csrm6flllfalllms a w6lveiir lcff me to IIM lg mforumlb CON"'rimci °aillto which IIhh'a same iimay aIp1Gs111 'and,m Imurulflii111 iii-nplllafss Ilgsaou1ommmmam'va Ib (.*N "'rimiCTOIt of thefrsrrm ,, oovenant lairurmdiiilflorm,,, CIITY 6frIa111111 Ilba ammflitMad to I[ri o a 'any remedy a allllll'allbllle to lft Imumrm bur fllhmliissConti-act or Ilby IMa r da'611gsiiito airs ssm„wo'd fou ma6rammom or Mundmulllgen Bao, 112. Accepdairice.Ilio pa' 'rmmarulf made under f* ContmctshWHM ILma Il1pro of satidactoiiN perfoinnainioe., of fllhm6 ommlllraofW is, Itheir wl-ildIly or, lin Ipart, sand urmo Ipa mmm6rd 04111 be construed nstrmued ales acwpfitince of defMolli6rmf loiii,, ury III'M' toom ssamr M ° .,'aa Baso. 131. IIf sic.ormlma , (a) For purposies of fllhmiii6 Seofll'ommµ ® m0l" I°'I°' "` smM"mssulllll urm"eaurm 111h s ll[.'OiIllly At.idKoir, this a 'ilIty'ss Illmmf6rrm6111 Audftor, Ilbe Cliitv°6 IIlNiraoficuul° liuf II°°Mmummm6mm IIf 11laMarfliiourmissu the I yIke anageir, the ll(.]�Ity dallg,s6mf,,rmmmsrmf itJum,llur lillumliiafm uwiiilrm,g this IY � ummfm°a aind 111hi lllir delegates aurin ag6ruh;,. . "Ill sword" smllhmlHffll rnesivirany doomummmuu,6rmf, dV„uos,mll , IIgIuia116saur, ;: ofoguraph, rrmmslp, nusoluummdl ura r'ordilirmlgfms m,suw ofh6ur rnarlted,611,ur6garsfl1686 Of IIgsllh'YSil c a MI fammmm licvir oe,;Ilhmar6ofariiissf'Msl sw made IIDIlr mss „iii ad i'orm uu,soalrmaotliiue,smm 101thm f'dliims Courffrar 6urmd dlllll P ormfraotriurmseiindum�rmurmif6 indur6rma Trills miumliiurmfaliiuwul auwmd uwafaliilrm all I 'u.)mur lls four e fum'umm of Iffima 1(5) yean.4 that alhA.,I III Ibegliiurm Irm fteir fllh o amen Mu fMorm or fm'serralllnstlorm of fJtft Ir'Ooru lana f amrud irbIll C,.!�,'pliointract at,nau dmmmi6urmM,a„ 01 ry rsM' eiH have wmi ilglhf fo m' smmmmurnMrmusm licvir amsur,IM111t afll Risoorris, anoc„11 II ZISITII:f;UkI0"'1"(3ll allllll Ilg ro liudlmmrmic,um~ m$8. fo TY Of 6111111 I11:18C ,surds qs c� n famm i(110) mdap., wrlttet,v rmotloa lf'mima ffrua IY,;;A"'llFur. " IIIm6 Ilbool@m'eu doo6umrm6rmfa 61r,md uw6 , rubs OIIP I SII oIIi�M ,u l "fu VIIf IV, Mrul orsrmurm6ofMorn with ffmlii6 llr,'Rorvl,r6of 611hmsI1III1 e made ss aiiiIM611bM6 to fMrio6 ImsdiiiMour, this rDilYs Internal Auiiii1toir, the w,yliibf"ss III)k" s olll° of II°liummmmauwm R6111atlommss and the lr;40l1i r, �ssllgsarfurmmarmf aiii7iiiol"uussf)irmuml1iirm,g ill:hMs Contract %N9.]KIIII fallr'I I(111D) days after t hma ,wr fn n req, m,mms6f III'6 made. 6 ao, 14. AffliTnative sl Moms If ffmli6 lr',ourmfraof a' o „d6II ()0,10 I0 IDO mmrurmd Coinfmmm,w r 6mmmIIPIIDY6 f1fi-, ( gig) IIDIIr° umaora Ilpas,sg le, Contrectoirshiefll ooipjG: y wfth IrL'lfi'6 f mrmmulmfgaa Action rmxpArarmm6m z 'iVurm acoou°damrum a with the IGsrov rilain6 licff ul; llhm611g,u bur m;,mlll I0iii1:y'l'6 Code, 'this Ilrmul m;mrmiuf uragululllationis IraMatliimmg to those. °f'Mm° nss,,, 'irmuruoid, s irvy wuudid1lll'Mormr6 or ssuurrmammiclimerm'f6 Ikllhmor slll'U; Illun msmma cutiriq any ll(iipommfraof ^ashen jmisoff to ss6iimf Ilpuro M's loins,w 1011mfmaus„IlDr' YMIrIMIlIts that It hmll116 ari affirmidive acIllksill progIlIM m liirul IlilACS sural a (11111 maintain Ellie 6ffMrmmmathr6 1sIlldfflollrl Ipill'IcogMlr mumm Nims jp�lalce for fhar„11m,mmra k.xi m +of Ill:;o Ir3ommfrssclw it c.)rwitraiaWr mshelHM l mm u;mf dllllrs ,;Hrmmlliimm mfms ags:Ifliim6f an', si m�Iplo, or, e1ppflicant fmmur usmmmllgso,9�mmmussursf becauRo cif, recti, colllor,,, ,Iiswr, ur6111iiigiiiomm1,, ru:: Jon6111 DurMglllmm cx 6ruoe6f ,r. dle4lWilt sexual odeirmfatlommN glander IIUideiir,v,llll'fy cir age lilrm u6 uraanmmaur° i llhms!Imll far 3 of lrii,p'�ii 6 odl6Confrainor 611baMlll: ................................................ m NASTER CON III RAC m Ill mm” III' 101) UC m B Nlll' ) " ' 'R !"'lllCES C s* 6 luf'20 (m 5Ils) Page 645 of 896 DOi 11111311 u 1 Im1I111;u iV11194H)111111) d m" , 'I 'i m 114', UIk" I" II i:11IIW tlYW' II' i m ('a) Sub11rn1It, Iilurm Illmuriiimmt our elliectronlc fourrmmlmrt, a cmpy of coiritmictolift Ir-,wi-r t iDerfifilicate of coqp1lanoe to the City's II°Wmrmmerm IF�telauttlons 111;) llpartmmemrmt I� Ilplriiirmllr to re al inn Itbe flmret paymiiaint uurmm" ier tlhw t'wWontmra t, L11111llaem a m, py has Wiready beers eul111lmurlrmlf e l Ito 'I°1181,1 at auurm Ipo:lmrmt mr lltblllmr'm the I��mrtllfill��atlomrlm �m,mf (�w,,,)mrmmc lliamrm,�Y �fu�Wormt�awm �rr�t�um,r ellballlllf aur��l tf„� �Contilrrmw ,�mur ur,:lm„tea urm�ot om�eeee IIr�,w mmt mre'doluue III, 2'' aind of ilmm°Ilrmmat'ive action I pro „ mrerrml to III°°IIII1RID mr'ior to m�eb d Im'�r��trn011M1 fmfrn�mat urlam� ger ut, m'rwlt Illrm murmt or eIts ' Ir' ft � IIr ,� � elll�rl�rmg the 9fllrat Il'"�mmmemrn�t �wmmmr�nuim,,lmmr 'the momrntraim�t� m„mmrnlleae a copy,has alliiready llmeeun mr iulbft'itte l 'Ito I RD at isiny l uliimmt m hill liimrm the IIP11 V111 US WO () alllemn air i ear FRAgUiire army t�mmltm ontrec m,° a wrfawm�t a mmm„wlacontm-meat emr�m�aermx,flllrulg 6f ()j,iIIl 00 to v iii that��lw�bcomrtra r Itmmulwa arm lru�malll ve acdom�m Il,mr m mramrrm Ila Illmlar 'Immlrm ) VIII rrmalmrmllAlhmm the affirmative action n Ilpra mrswmn Inst') place fur tbarm duretIlDn cmlr. t muwm auumbcormti act. (c) mr)btaliimrm Elms -n amrmtr Sm ILII: omrsbactor swarded 'a Uwlb acn rmtract emru „ r;llllurmg $300.1000.00 a copy mm,mf the ,,, ,; of urWour i plllliiarm rmm�muutr Ilhe 1 B P o i, m..w �omrantomr�,m� r;�m�wmrrrm�mlrmlll, m�mmrtlif� � ( ) � emmmtm��mur �mff lC.bm!,Im �mImllrmm �� � wmrt Pmrlmrmt or Illll,� amrmrt l m mtMirw tbmmwll, mta„ e the rm ltm omrmtrmn” ct Is am�ecUted ellla��a � e fm�W alts Ito III till �tlll„ � lilwour'mm tlllme r,lm�t �; 1D11n1'„ llf, umm,�bnin e sir )sand not pane, mora a uvm„w ,,,mmt” rtlIIIIIcate m,mlll „mmmplllfamnw, Contractor ebarullll olbtWirii auc.* of the Subcontractor's affirrivirifive action pro,ll;lmraim amrmwJl tander a cm, 1py of the sauna, liiurm Pmtrmt or ele trorile fomrmrmmaatw to III°tll1ll Wttmlllmrm tblllmr (30' ada a Irrorrml Itbe liclate the euIbcormtract Is executed. u Itt tmae Itfmaumm Irl lbt to tal@racm 8D111 anus dirncted by C1ilt, ',a III°°Illmmurnrmaa IIr eIllatlollrmmmIlf)elr.melrtrrmemrmt to iRnrmfom „ , tbliiau pmrovialomrm , Illf ContmicAolir °faiiillls, iin.. fm„w , om°mrmegllUe�a,te 'Ito omnll,mltr m ltb dieIps, ''Amos of Chapiller 3 of C'01,lt 'mm al;;'odi% athilarw ailummuh Ilfaliilllurnm eltmllwmllll be a eemar!mmt 'a WWII ItmrtMieb of tolls Contract amnmt tbis Contirnct urrwa Itme terftinated, C81110011)d or m IUSPe11ndo , liirm wWle our Illurm ,part, and Contractoir mrm-m'armmy Ibt;m )tem arert 'Ilrmell liilble for any further m.ntructs IN in ed Iby Glint, for main 1l:merlod of one (1 year "rbliia is a mrmmatertalll to mmrm of tlmlIs Control. ,sec. 151.1 11111askli mplllia rlew. If the (!%3 rra IC u' nr ent to rAed $11130, 1(M fxwIthe peirlod of lWay teat tltmlrough April 30th, CGINTRM."°'f"Ir mll::; ,hall IproWde pur cf of ioourmmllrAii inc:e Mlllhm the Cl rrs tax, or liirmamrmc*9 Wirninialtered tory the IIIT°9's (;;''llrmmrlrml'ummalutumrmler of Ill a emrmuume amwm 'a IlpmreMOndition tothe 1II I°' Irurmmakiiirm tltma flirmmt Ipayment ),wander tltmiiirm t;;womrmtm t. aml�tlll^ol�P ”�I IIfll also allhmallllll subrrm'It to theo, GIIIII"'( Ilr)MOf Of Cnf'TIIIIPl118111CM and ltb lu au III°"I"'Y a Drmlliimrmammm�,amm adllrrOblaateured Ik,m the C1 's CIGlmrrmm'l m mlollrmer m,mf IIFte „nu el a8l a t::01rmmullitllloin pr dement tmm tame Cl°°IY mall'Jiimrm flmrmawmlll Ilpa mmermllh Iulrmder tltme I�i;iiW mrmilh auc . 113uy Americain113a I11131reftron1 m It Is the Ipolllllcy m,mf the GIIII""Y that any marwluuwfactumullred goodly omw m„ mmrmmmrmmodltlee ww d rmmr emulgppfiied lurm the pei formmrmaince ic,mf m,mlrr I Y t olintim. ct om° amrm aw t,, nt =1 111bligretn elbmmwllll tx:,m 1M,211mm„wlll'aCtmuwmwad orI1pxroduced Illmrm the Illi land m'3`tatee wheiiniever Ill, osellble. Sec. 117. Illi a tmwee i /III mnmAeae to, given ems be Ilirm writIng amrrnicll mrritay Itme iiimreurmre eairved omr imade by d111r0llpm,06iU1r1tltma aarnle Irm thie, Ulrmllfe t States mrrmaliil aamidreamwne B to the Iparty to Iltme mmm-Affied,, 1:mstpWid aind mreg0ster mdl or eerfiffed wfth mretarmm ivcelljpt m quiealled or 11:)y delllllmreirllmn the lumemrnmrm liimm Ilperaomrm Ito em„w b Ipemr „ ren, 114111cmt'I dally) mm Ited Illmrm the mail Ilirii aem,aomrdamrmm,ne m ltb Ithe puwo lelr,mrma Itmemrem,mf 'eltmm llllll be aftcMIve Iuiinlesa othenNlae stat 'd liimrm mmuc;ltm mrmolti om lin'this Cointract fro, um and after the iieconcl )inlay )next fcAlirxMing llba liciate Ilpo'etrnadce ,l on the eurm ell4olpe wntalning, nim„web ricdice lkolott' e gNein In any other' mrmrmamrmlrrmuu,mmr” ,sltmafll Itme effective only If and when Irwm mlii ed by the pairty Ito Illma ricAlfied. AN note ee atmallllll ILm sent'Ito the Fullowling addresses: IPf tD tl-mmm111 fug° CRY Of IK211180e Gityl, IM11185OUIrII r 11:51ocuiremrmmelrwlll:ervloein Ilfi Iii iii6iiomm mI"t d4 Illm;;iaef 1 2,th street, t 11::::1 00r, nr, IlRoo n f EIV,IrI` W l aurmlros 1101t ,Ill l;umsout,ti 4-14C6 uttem-mtiiorc Ce lmrtr,W IIS „ „ n, CP.M.,Ill lamrma aumomr MASTER CON m ACT 114 R IIC!!)RO' WCTS AND SW 'W MCE 4 I o 1 CUM III 1,2-05-1 Page 646 of 896 IL... mmruuw� III'Illriiw��ll��, IIIII'm ;mom„ � �Ilr"�.mm �"n���mmll''mII''"�n�l"�II�II''mlll''�! mmrmallik. cedirlic.Wralrm l rrmro,orr „ TaIWaWWmllhmonac (816' 513..0814, If111mm aWmmrnIlllWa'm ('f)5,13-1,DW-,- With m;plliaa to:: Low 113p1l rrtirn iii of IW a1risaa Com, f Wliiaaommrr 414 i 'aa'f f Nh SS".. s'I , 23' IIP:::1oom Kansas City, Il lis ; , ur'111 i '1 06 'ffalrmbairmc ammiiilWliia 1111m111 mff IlGiiiiisq„, CR.y Attolrrrma Il1"1611@ M', .,,, . II, I , III ; IW l%g..Wl 1W""414aWf mourn, 1 ' 1 Fax: 'f ) 5,13-3133 II'f'to'SSIIhma cai4°'r1RAC 1°011:1�:: Gui Ilf;;;° 1octi1c Compaiirly, Illurmo l olrmalll ' IDim, scIlhmam°, Ill a'flWommalll 8alllas IIN am°ma air, Corpoirate SdIes I 'f 88, 5 1 ackWiriid 111oad t, Wl..ommWlam Wl iiimmaoU1118 ,146 E irmllraliiWl'„ irai°m, 'mr ,s,012 r .Ill am;; rim .aWalll)'IWviriiii m'�,.,,,,,, , I ,1 .. � 306.. ,,,,,,,,,,,,,,,,,,,,,,, I oIIIAIIa', (301) 830,1424 ao,w "9118. Gainimirailll Illlullm mlr mmnim'f as lllollrm, (e) F011r puilrl oa +mmllf this Sam„ Women cmm',mlh,�',,, the'llfolllWm.�m Worm IW1�uurr�mlr!m ,aII�aIIIW Ilhlum!Ilu a the IrmmmmarrmWings Wlllia�;ed . (;ii:mrriu m eammspa ciW 4 ii, M 4r ama al,, IIIIIa mIIIIIty, losses, ri alllmrc,,W oxpo sa a m, mart endo 7 s;,ii d. iraavv.:rmrnalkille a ouroalrfm ” lises, Iiim,m lmmr liimml�;W a corrrma,r mem °Wiisies liiurmcuiirmram,Wl Ilh� Jlhmm!Im IY VIII°ll Y lin the', 1smrmfm,mrrroorneirrf oftlhmliia Iiiurideirmmrrmliii rjk)W1 1E1i,. I rC 111"W Apar-ii rrmmrrllramma CON mIM11 , amllrm1l;mll4m,ml�aalr�m 1rmrl,mllkm gcmrrmfrm m IY!1c;mrrap SurA1018580111111, amm6iigrrma,,, iWlll'mWfaaa,,, mrrmm,Wl m'harr alarrmta. 3.1W'°"III"'rY nmaamrma 1 III"'1WY, Bills .1r:Rir rmlii1r11ummm lima agili m;mllffloiiiiallls,, cAl mmrs mmwiii1r11uurnIpAii,m aea. mW;;;;IuIII�W"'l1RAi,,C. 1 f ma d1hm1111 mah"limmns a irmli tHs W ac.1'u1or1 'mr iiifWhm rrra8IlW,ma f' to f0lir ii m,mrr Omissions, iinm,mWii rrvisglii lsirmlmmam m,wf` ill"'rY, ,all'm,aIIW be 11rinfted to flanuc u'mm"amrrsrl la arrml WIMRS r;mllf fiinsili that 1i°'r"lRUlkli Wia ireq Lira l to Ipimcuire eiii matirmtallliirm uirider tJ1*1ia I urrm rra t. r['.Q1SITlf:;1?AG'T°1W,;; IIf m11fffirrma that It. has Ilh isid thiiis icppoirtuirilty to i .'Farr ally icp*sts immf this liiineii req iiiirdii irnipcis „ d Ilby 'mWla lr,;ISoiirm In i s Contract Ijpviif'oa,. I0'1 4,,r,,.'TOR allhmalWlll defii muulcf linidemiii rdind lhmr„mIIId Ilhmari lir.'T 1111rrorm igind iit allllll 61111 ari mmlmmulf iDf our imst'idItilli'lig flrommrm allllll lar1 orr m„mrrmml1i8510iiriis In rrmrnactliilc,mmm with '11f,hliia mom°drsi ilr cm u. , d.. rril 'whole om° in II airt by ii I lii:RA W"1V 111 rclrm° OM r , (, Mi y ° ammSfmmrm re gari Irk' whell1himir IN rrmof causeIn Ipairt by airiy ect air lom1ii 1111 lllli rrm llllll arrmc„ram of 11,IWIII"'III"Y. IM2 IID R, Ali Iiia not ol1blllil9i ii tJlh isS loctiim,mii to [iridemirmlii9lfrWv 15�;�111°"I Y for ma mmm,mll4mlm mm ;fllllii lrlmurmml,ma Of 1�"'IU"1"Y, In rano Ii allhmaWW the Ilangii a a Ilin 911hWa Samd'W`Immmm w "mmrmmmfWfute ii IIS mmourmaf m.mamJ as mlm . IllVelli" or IIti mmlii'fa9WWlor-ii of the 1w VIII"' `1ft uriii IlhmWra IN ldellfmwmrm,mmaa %Wfth regiii 910 mso'veii ai rrm Iiiimir ui rmliibf, rmr amrlrm,IrrrmEam�'�alll m m llr � m m III m Mi;a! III � VIII') "" .. III 11 �ww .. IIIA � � ... III' � � 911111III w IGS 1of" 'gym (F'' Il mmSr,) Page 647 of 896 H)ocufflgnIlllllll:urmuw Illllf'm m IIG mmllpll,l Jlww�Plllll;lllwIIUI''m Ilurmmurmuraurmlirtl" or loffmuv officjdll Iiiur urmmlll,wrmlii'fllUee aurmc,l IIUxofecllonre as ;, mi e ' bythe fe 'lelumal and state ne'U tuillouwns our tmy law e4,;m 1191., IndeirnirdfilicAttoin for III121r+ selloinalll IIN 9 Illll len . If 'fllNiie Icomm'fmract is 'f r jpuv-!esWonW aem lc,,vsj C IUmIITlU l °"l"' III , ellmallllll liiurm leu mmmllf " ae Imol l IlNmamrmmmlllaaur VIII"'� aurllo murm r o9f Illllla a lalmmoles, mm,,,iiial1& cwur l oir eulmrmlplo eee 'fu"ollrmm and a allmmu 'll ailllll rJaInis" daurrrllal lee" [labilfty, losses, Im,,r at% Isirmd w ena e" lurmcAudlium reasonable IaiI! oru�rme e'° fees,, alrlellu�, om, t orf an u�me lUlii, et al oroururnlliiaeliions Illllrn l�ln llomm witrlllmliia Comrm'llm'elu " oalllm J Ifm ',,,,,. „ CTI IIUIIII" 1`19 elmmmlll to „ , alp a eilrul'Ia, Ball= n1iractairsi, or cat,wm. d by olfllmaurs, 'Ifx,mur m 'hormul II i i:::tAc"rdlR liis flall,mle" firi'fllNme Ieurfourrineirmu; of proftssloiir,41l ser does Iuurmdeur'flfmllla f'wfonfra C Ill�dllTllf� "rioIiI°;Il Is not ollAl „ afe 'III„uuinl em° 'llllmliie Secfiirmurm 'lo 'il I IGIITY 'four 'llfine nen lU elmmf 'Ial ,m of 0111"'T Y or aurin lo'lll Ilhlm a eunollleel, offiIurmm�eurllrmurmllr� loldllaro officeirs, lor" eurmmlplo e See. 20. Ilmlmam,muraurmlae. f,,Zim"'rl71AC 1"' IIU1 ehelUlll Iprocelme am d urmmaliiururllalurm liiurm e'Iffect 'Ill luroughoLw'I; the tairm of this (.;'O'oiirlihnct tinsuirairice polllelea wiffiii coveural le not less it aural the 'types au ' aururuoouummmilla all offled lln ffmliia eollourm. I f UI llflll ° I IIf rmmt Ilmavaµ l o lmmuemuclal General Liability Inst,mm°amm f„1olley., with limrrol>fa irA $1,11130113,1(300 per Occurrence airid$2,000,000 aggregate, written on Ian "o uw°m isn „" bash. The pollic shall be,wrfflen or andow ed 'leo include the fbibMing pirovislionis: m'ImI VVAMl bllll y r,wvl' Interests IIf;Wo,vera e e fml!On to )'Iimdiditlonal Insureds s Irm. Contractual Lial,mlllf o� Per Project Aggregate ate Liabili Limit or,finerim. not, IullivvellNble, 'dime aggregate limit shall $2,000,000. w flllllm..0 Contm ictu it Liability Limitation tion Il mm om"Sement is. ld fuillr,mnal Imam„um umwr..Il IIf;;;Iu� Vom „ W mmmem ll” ISO Ills ar; 20 10, ClUr ien'Il lediflon" or 'gym equivalent. 2 f"wompiisn Iomm Insurance aminalIlrnplo errs L"ualbillty Polfr,mfuse ,as muwmqu ire ' by IfAlaeom,ulmf law. .1['04::umrromem lal Automobile Liability Insurance Poll y: 'with a lflrm itor.lrf $1,11[lilD0,11000 per oac.urrencm, ravering owned, humored" and moron -owned aulornol Illluum,rumw The l2olk,ly shall provide mrsige On an "aw'uoll' auto"' baeria and inn an "occurrence” Ilmaeua. I„,tmue fnSUmw nice oll y ielll a �r�wriliten lobi media af;; fomrnerclal Business Auto fo , or acceptable en um valerd, and will prateat a lainel' r,mlalurmme arlsing 0111l Ir,Ylf hilae operation of motor vehicles, as to milli om°ue In =,,Irueotlon Mth the Co fact” by If;' f f 1, ' IY.TIOR 4. If'Vlhle Cordrect Is for profe °lonall aenricea®rl,'.)NIT RAIM OR etualll Obtain Professional Liability Insuranoe vvfth limits per iir,Aalm amid ammlrua,all aggr „ afe ur..mf I I "IN�VII� " wNWlfWlm (b) AIII Insurance olloluana re.. gIuired form liiAs Section shall mo ldlu;;u thatthe Pollml,ry( will not. Ifine canceled a mill after the Im st,uureir provides the CIW ton (10) days,wrMen noff va ofIcer MMailio mm in dile eveni the u mncuelletion is for '1')C1R::I°a nonpayment iof prernllruumurma amu iI 'Imf 1(30) idays,wrMen notice of Ilr;aurin , lla'lulon 'lllaoIr�,II"'I"'lif' folr all Otlllew° meaSom-umm of cencW1800111., CON m MCI FOR I!!IIRUDUCTS AND SERVICES Page 9 cyf,' I!!'rn' Page 648 of 896 I)MI151wrill (c) rpie Geneiir611 Iii:lut-ilcl Autornobile 11 Jat:Allty PoficiesplWifted abo've shil piroll It' at c, �iIr( aind its RglialitWes, agcrints, aftldls, al and eiinritjpllctyees, wNle iticMiriig wfthtum the soDpe of thehr eii.dhoft, wflll bit.,t inamed iias edcfffloiindll 11iniuveds 11fairthescoiir,,WCAS performlirod this Contract CON1 1" Will I .01R,611611 Il inwide to a ri iat is:iI,tocuttioin of tihlis, Contract at cwtificate, n, f tinsuraincm., shoWng 60 miqu[irwi atndoiirec,mrnents and atWllllliondll Insureds (d) AM [insidlIM11111CA IlpotNoNes Ilrinlllullst II Ilprommiiilded by Irltsurance Compartlesthat have eiin,,Ail Beaft rabling & "AW oit° INmetteur, isind isitv111r*insE.xJ uii,, appit-oved Iby the 15111ste., of 11110fissoluil to provide linsuimitrtice lit,,i IIl liissouirl (e) RisgaiiMlIess of any 6ppii,uv6111 by a nri,r CDISITRAC;;I',TQIR, s 611111 tndliirttdliirit thlis v-squtirod iiirvsuraiirxn cmVelit"age 1111,1 folitra's at 1611 titnft IdUrrI11119 the tatt,m IcA tHis Ccxi,ftralct to imalintain the requtrwl Inew'ance coveiragle MH noill: rdlkwe CONTRACTICR of Its cwtirncftu6ll of lull{ to Illmmm,NeimitIllfij the C1 1"It' puimusint, LID this Section of thle (.'��ontitucl. liir-11 thiiu:iw iaweiirlit ir,,;*Ihi rim:C I CHR fieflis to iirnatliit,ftdiiir,i tl-ie imqi.,flirad liinsit.iiiraiir-lice cmveragiia liiurm affeci., OW may dwAsire In idela Wt., (f) M 111,10 ell qhdlIC the Ilanguage in this SecAllon oonatitute or be icanstrt,iied as a wW,Iver our Hirniftation of the Gll 1"'ir's ilghllls or defenses'M111hre(..i9it,d tl: w.-relgin 1Irnmiuiir,flty, g1iDvR,.iirnm1ir.Iiirdd1l fiiytirnuiinity,, licor other lcfldlii;.Itll liiii mmlu,mur'mlii'ticia and I1rxvtecflons as Ip: mWidit::11d I1by thiat, fr..)(,J&4f.,trid Staillait or Illam Sec., 21. 11111711911"pfStIVIOn lC"p"Ontitris o (at) a nr sd11is(..ftd Will T IRACTCHRR thill'OUIgh �im inictigotleted f,)FVCUIiiwirnei�'tt pit,wess rather tharin sin lin,01Wtion llbit° ids (11:::: 13) isdlldilWbon. I livtIlke the this jpiir'ocess ati,ows the c".rrl 'tarnd II„ ON"111 FMCTOR 'to d1scuss and negcstlete at wintrecl, g -A airrin"s Il4i 11060111-- 'tO it::Hrlt,811`i1111-119 a fill"19.11 cmintmotti'lat is alicaqM.Ablisto Iboth the c;�,A ry i,.4inid 111he COISITIRA rO, R filiftwir ineglcidatlion atriid CISCUSSIOn, 11001SITRAIG and C1 1"Y Ilmamme Incorpoirridecl irnUMple d1IDCU11M811`ft liinto this. Agin witniant eirtilicl the molaiir,fliv-tig of sctime of the worcle iwase d iiir'11 ilhiiu::w A;iMsiment, iirnisy be unwit,61iri, Jiir'icnitnpllute cxr" &11ljpflcaflve and the, ftimamliant m'mma Ilpuromaliisa it oiirnleftiiilng at, oneplacmi, eirtid, ta ke. that Ilpri away 'a't iiiinother. In situit7ii, the Agiii-eerneint imay curitatit-i mm.:itirds and provisWorts theitt siris of tnore thart one tnwtritliing so that reasonable peirsoins ofeveitraige linte[flgence may fghly and hoiv,issMy dMer In 111betir loonstruCA110rh of Ithe words aitvid, pmVisloiins It is the liilmurtellrmt of the CO'N� rf and 111be l that 111be CI Il taxpayeit's uremu'amllhv e the Wnefft clir iiidvaiir'ittzqiiat lin'the coinstructioirt aind IlategpmmstatNonrm of this Agivemairtt, nragaiirdlless ' the noffndll jUdildldll irdles of imit-ibatcl coinstn.jcflo1Ir-lt evelit-1 111f, thiiii::w cminsructilloit-i and InteitpreLaticic of the Aigrearneird, wfllI irmst thlis COhl MR moire 11711111011111BY 'ini ind nHime, 11['011TY aitul C01111"'11`R T R agiree that Cir('s Ill ainageit,, of Seiivkms sl,idlil, lumen c*o;)eiv-,aUcl With a mpreseiir'iitaflve ctf SqpPE110111'.1" res6l,l aiIll dlisagiivvlerniieitft as to the imieninling ofl:Ns Apitratemeint icw ait-iy airnitflgitufty lin ttfls Agrewiimeirvt. The disicklon of CAf"'ir's Mainager Of ble fiin&ll and clonclit.t6lve If 611 Ilpamtliies Ilha e acIm.1 liin good fafth. (b) car,,lmi:i atckit,ioW11edg1iu::i,s aid ergines 'that 'It he Col) r( Ihas pirnVilcledGICA rRAC,7,1101 F;It vAth eiri opportunh 111c t-itave CON I RAC;'TORI's aftomey t1r;vview and adViiiiise caisli r1rR1AGTIC)1::t,, ort the Ikpiw, imeitryt aurid any potatintial sitrNbIgUlles our rairates of lid, Wagiiraeirrifaiift ait-id theIN.:Aleiintldll �a I Eil l RACT 1!!'0i!R !!Isge 10 of 20 (IREV 12,415,,,118) Page 649 of 896 Doc a ll r'iu m'miu lk Illi"im �dmlm' d' C IIW �1 IIW' mIIC" IIWIII IIIIW' m Ill' amheerse la al cmmeemr uemummimme oricorl,,1"'irFAIY7, 110ill regi melin to this Section n mimics W61111 as 'lfie emmfim m ftireeirmmiard. (a) m,memflllflee 'lllhaf 110C1, INITlf° C°'111"I�;,�I1:1 It-iiaa M) wahred lhllla right 1W have '010#7'l m~rovilie � 'lll, Iiia 81�'�adlorl anicll ��greeirm'mm�nt imur" If) C',0II��„II„,CTC) Ilh ei irm;�irmeluul mf m lf�i alrm ii m�MIED OF'$ �Jlhmla l�emmlJlU�uu eurmm�ri , ur mam°m'm murm�,� u f"xiil r1RACTIDIR l mm„ lllwm Illy immim'mcf lw6lt,ilntmiirfly a, mrm�ea tci fll'mla iSectiliomm,Ir�ua aurmmem'l and the am'mllmmlmre-em'mmmlrmmt. C014 „ I TDII::IIIk ceilffles thal'llhis iwinllam�' was ii�,l IIImuw ,cried by 'fmamllr,uliJI, cllam ;maa 011” Iuulmmfue ldri'flil„meimic m„ Berwm oil , u lmirmfim,mmlr t Exisicm lirmmin "l lraorutn uicl vray be ismmlma uted iiurm imine or move w mlu„murmfal m' N each ofwMich Willi be mllammmmml amm r r191111W cog)y cog)mm'f this 10c:mit arm Iuu iii, ll lilllll Of 'livNi li,,, vvtmeurm 'lalmimiri together, m6fli be m,lleemmmrmlimm,l to a'mmirmimlllfm.rlllre mmmme miimmd the same Contract. ntra t. �llhile I0alwmku mctalti6lllll Ilkma OHrO a IuuIpon this gym” , mmm,Iutliourm 11011f m„mur'mlll;am'l bc:kh pairl'les, irmm,mImNnl h' itairiidNliirm, fllhmaf Ibm'mf✓h Illmamfleeurae,!V a not. ilmiiil iri the aaurneu �c ulll�uruilll?aul°Il�aurllC. "l Il errfled' Ag ii,mituirige tmaurieumrmlllited by facNiimifle imir° 1by other ellUeaf mirmllic irrllusaria wml"mallll eIIGlmiil-iomf iof ffie of dile Co ilfrram milimid a allllll be eocepWble firm a imurt i 'III „ . 189c.23., Il iaim"emm mll III mweat 1112rilliming. ceurl,lii'fleicum that IlderlwWmcmurifmriuiat me uri'fadllurme II mII �i�U mI IY IIf �a Illma psl amwm 'IIIImam f,IIY ficin for allllll senpices am,l by llrmm amrm'y IgOVer mlwmmammf, I INSirrmiraeirmlllial eirmllii'lu,�, IIY�alliffili gal ,wmm kiliiiwlalllm i% m�llb',, mI 'lllle,, �icholilll e iiimmfmf`�ri wpm” iam'il' m;,mf eur° I iIlUmllllii� imurmil'1'ly llin theIll,�,lurmllllerl B; tee as lid the m,laitir.m of" Hillis xmiri dram„ IY IY III�olll Ilf ll it "'lIY'" �IIf Ill hall llreeeurm li "il Jlhme IlUmml e f� minµ Ilhieur+m mliiur'lu Immul'ia irmmm lle is 91Yeiwem°able Illmalri -thi u „ c aurlll"ir intly e'xtellrl 'Illo any c:0111iiiier Wi mmHamfy alii'1m,matil d mcm' eiwairmmairml;ro glDVOMirrient,61i en -ft 'v,cmolllii'rlYlii1cdll IrmUl IViIImwllllaloirn,,icAty,,, a'lllafe, em,,;�hioolll liclliistillic" m;,mur° wum'd-iieul° pultAlic enitlll ' caatIri,mmmem'W fair the sairmme gloods, lliririq uimii l imm Ium mllleir quaritkiies, as 1pmart,, licvf simmmllllalr Imaai mlirf Ibai*et, eurm l lll'm"ime. ° ec;m 4. A sllllgriablllllllllty ammlm� Idwrium�Illh�a�m mmm alm,l� mm9Yfw �'Im!li'h Ae'eligna rollifty, irkmlritm i olr m&fil'ialll III'int a;aal llrm icmm'tii,allrm'afmwiglr' ev'llly pall lDm'imllrll Df41,,,�allrmlCmaalm;mir"Ii� dm;il%11 milml'lm�llr'li em Illirmferest thin '11IJ llle IOmmuriltura 'mivitt'him;,illlJll Ipmm"mc,mir wrltbirwiii appm'i ' alll of110.110 If °'°mmmmfirarc air ,alll'mellllll aaaiii ur'ml or framm ir° amm m,iwflihllanblillpfmbons or linbiwe sts III„illrmmlelr ffflie Con re l 'Wthii the Giil µaIl 111"I' it 'mdimil,lemm mlllillm°icm'nwalllN lii'l iimf'ulallllll Ic,mmroirlimflfiulmla a mmmalliam"lal bvirmich imillf lithis I'",wmmrrmmCt. 11'iiiii IlGmul'm'lllal'mmurm efiaJllll irim,u'lll', l:m urmmll'ullfllkmll m mi traclaur from subcoritiracting as mmlhem' lse Iprr'e' lmcle d for hemelmm" Il lUl,mr rumntram,,' 'la w IU;;Iallrmllmaia rmur ,isllma,llll ii,l mmm,ullll,m mmurmfm",alr' ii"mpY Il art alll° alll rc,m'W iCm,ilmmfmacleir'a 61611Hi atiii0ine ilxir lwmterraa'l,a lirm lkl'llllils Cc.:)inhmc.t unless f' e eubm; mmiltrr malmim fimrila Ilkmeeurm knew fified liiurm Iiim 'ibm°mmmef v,1igq ,illlm'Ya Il,m I001k „ IllfiY orilll,lll'l sIt,wil mmmmbc croirifiraal arty Ipaml; of i0ontri m,',l DbIlgiratilions � ii, -1 Iiia teiii,l aulmmler Mils ICO'clourl wlthot,iit Nwing llmlelrmtill'llfie"1 the subcanti-RCA10r, lit alliallllll i,,; iril, a imm lmf'emlal Ibresich of tiftiis Coiuwllrimiict. `1 fie IIl,iflllllii,im,iatIlclmurll of shall mit irellem it,011r-l.iimmctor of mimmm'y m, f, iiilla responWilbEliffleis iminmfem ti' llm ICOVIltilr CA, Irimurmm„II Contracl;aur Tref allll mem'mmaliiil'm ivell�lnemiellblle to fair th Iu iriieglllgeiimit ii isle, ememe, mminmiiiaalmmirmmm m,iir ir'ig,fll4610't of eii--ii ulf icKsw,ich alm„illll ocm irmfmammleur'a rriif ,yrs, sigleii,ft and mlmirimplic,m "emm„I[1; afiellllll Ilhma' a 'lll,lma irll fmf to iri9,�1mmm;,,f,,, et irimiri', I1G)1 liiuritll clmuuriiimm the lei muni cK ffmliis II oiir- icl, E.111111Y am„idll ooliriilm m, l it ldeiril,lii'll emf kw Contractor, eirid to iremiudrethat Eun,y aiul , nfmactamm ceasam:mr-ikling uiuirimcler ffiilmi iict IDiif °;iia right. limlmailll be w aric. iialble In Its eallblm!m anid em„mllbJem Imre idlecreticiiin Gii'1~, f isllhmallll mmm;ml Ilma elc0l11gelked to IIt ffy am be Illlm'mllltuwmle for Ipa' mmmemmf rcmf airm'y wmmmmmm'ii y Ilhiwe diulme to eiri,!lw eiumllki iwml imp wmir„ l„'mmli'mlm mal�cmir” all'mallll liiurlliiolii,Jdiiel lurk isiny am„idl,mm mint mmm�l lemic '�nlii�m,�l'i iia a ircx m,iliiireir ent, fllmaf the coiqAy wkh m!;lill memlm,i'iuirem'mme it of tIlmiiia 1[,',mmiritmm liiur-iii IUpeurfairlrmmliiurmll' Viemeellrm 'em, MASTER CONTRACT FOR PRODUCTS AND SERVICES Page 11 d'20 (REV. m2„l Page 650 of 896 C°k 'U II 9'lu nvIftj e Illlrw' ' m , 1 '1mm 114' x ,' wm l lll3IIC)l '"m IP''111mmD10 Sec. 25. ProfeealllournnalW Seidl,vices Corvffi[ct of iinteurea'f eurfff i �doi,-ii. If this Contract fom"° i,lwurvfesIiiolu ia�i Sem°Odes o'IICi°maul° 'fihmin"m fOUI° rnedWo611 doctors ourII!!mlll!!mIII--W wa,,, CION "'rIfII 1'01:1 oeiii-tifilea 'fihmaf C011Y"'IC"iilltAMD1 Is not n e llipeuwf witness 'four army jj::Nxirty Wrm Illlftii a'fliion a alir!Ila'f' 'f'lhe GliW" 't 'fihme 'fliiuwmwle of'ftle lii alMurm Or IWW°mliia 00flItraCt. eo IIll fur-oorfl'fy aulrllud oullm! eii n' III!!!i10ei1unwleae IliWull 'Ifaur°Ilpurllllee nw a) cavrFRAC°' R aibaWil asWat Cliff CeirMed II IIIIwroIOlt Buaines Es) Cit ,Y m�ff� ed ' om°rm o BIualllm°me Enill:eIII° iii -I mm iliifl a) and 0I1I1uI°IWlifed Si mallllll i1,,,,,0 ail IE..: usiness II....°urmfeulnpul°iiiaea (SI II: Ilr ' ,,, deveiollim, and Iprosper liimn Illi°me pukAlic seatoiI1by'ilu°rmllpll{eurwrmlen!m'fa'fll4oul"m of the ire ,l iiiw nrnenwm m o'f'fil°mliia Seofliiorm„ y0 �im, "'rim (;W ' P eibaW111 IlproVide'lll,' e iisame Iiwi,W 'nefiourma111 dliiirxmt.jrmfed Ilprliil:;liirm l rocv� iiwwed by 'fihme W lii'f (;P'lIty Cem"f'Wf nd IIIW W;ffl11:2s , 'WfWfIlfiWllfiiiiim!w and &III II Wllfiiiiim ' hiisul'm City 'eirtifi'ed li llfifillfiiiiGaN Ill,;lUlllimind S11,,,,,il„f,i ms bid Ir,ur aUibwwrmmf 6 li,mro oa611 o1m, 111,of Karmrma City, iN Wrmaolu iri nY�m;mrmalll rictim.,mwr�l or, it aWrm'fermsnc* Sollcltmtloiriis sinir;W o'lll,' er piuk)Hic Fwctoiii° (.'I0urml frur,nfiorm ermd i eilrm'fermarmin uolllliimWfta'fliions R:in 61IIIIlo lr,; IWf n[','eurfi'ifiExJ i fllli ll ia,,, WI: Ma, ar!udl SI , Ilfiiiiia, to iurwcorpora'We'the sairnie NafiD, r161l1 IIf liiiiao mm III--ifed W„W.m5,,, m omrwwmu„wrmliiliiee Ilprfu,minq nrecmi ed by the Gity liurm 'their Wds aur cJ r011poa61ls fo IlIbe GIty and oWho,r Ilpu bllllc erm'firliies mnwrmr,W awe 'fllhme 'Iia 11Ca' eura rrmormewy„ ' emrm.'I2 Illfiifrrmlljplirwu ee E111119111blility Vaiii1I n,w U10in.m UlIN°°W°IlIRJ-!I mw","TIr'IUIP , Ihafl ir.ora wum'fa and auftlf Iwmuwm r flidiw if, in a brim m Ilpure6ouwillbed by fie VIII°"i" waw affirralllu p 'ffma'W, Cw', �ll��i°'W°IIP!li, f 'i°'IY;iWllf!li maa not i wrn uw wiurwl, 111 murwmlli,mi� r aur II !w wur urs ilww rmrm „ „ orw with 'fllhme o0intrac.4ed Ir�eindcae who r,Woes not liwis e the IIUm;m 6111 11118 wl'fI�rur” Irmrm�wfllhmouriii!,�'IW'ioo lu nder' flu derac i law 'fo work in Wfmlmm Uniif'ed mEkliaWias ae defllrwvf 'iwm 8 IW',8 1'324a(h)('lii), rmih isiW affech to the affidavit, docuirne.,ntatioin ! un,wfWeiru'lll', f0 r” 'faibiliallYi CON"'ri%k ""W'X"lUR"s armd 8F-Uo111111!)aflII roan ilrm Immurnl u:RIeofronWo 'veriffi tWorm of work, Ilimurwrm urnirn Ie;miper6fed I1b'fllhme W,,,,Wrrmlifed Slates I11;)glli,marfrnermf oof HIOM11181811d SeCUIIII N. 111 voliffyliiur!u'four!Irm!uaii'ior urm of m e i ii�mIred Iw!murn, ioyaaa,u Urmdeul°" the �.,mrruolrli Fleforlrrm and Coirdr6ll Act of 1986 1664 'rl CT,IDIlk irney ollbfalllurm Imlwddlltfirmmwalll iiuwwrfourMa'fliiourm about II:::::-\A::vrIIFy isind w~ n rollllll v., f hWrfr ;, l ,,,,, mweri .mem, iiia,, rw'ww ollwwurollllll W II IIrWlll w „Im maa i✓ „Wm °°mwrllf;;;l' � i °,Irmm° those W"�III i°IlPllf, 'y I�UIIPIIIi"a einrolllllb� ifs Ilfllll' " �wmirii'llf� � the 'IIWWI'urmd ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, III,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,i,W,,,,,,,,,,,,,,,,,,,,,,,,,,,,1IL,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, M aurid iaaf pages s of 'the Ili Verify Il eurnwmr,wreindlr,rlr l of Understanding 'f a'fU>li1,4°'r'IIRAC 1"W"DIIP 'm illllll olli,!faliun a ouww successfUlly iiu:Enirntlling linthe program 61l'11611l cmr!ummn'flii'fm„wfe aofflil0'ierm!li IrWoollnirrllerm'fa'IWiolrwl fou!° Ilpu irllpoaea of cor011piylllrmf;i with 'ffmlis se ii; 'i", i"'f 111 ukc:°'f nrh„i Y, aiwrallli nn t rrIt 't e aff'idg- illi; an id aWfachrrwermfa to fllhme ('iiW Iprior 'fw;,m exer,nlu'f c:Ioir!n of'fllbe c*rftracl, nC;mr i,.d Ir my polllrmf, diiiji0ling fihme 'lierm of 'fihe nr O'liraof 'if mem wwwI,mSted ib' fllhme cif "i„ Seim. I!M. l iineulw ainci (,a) i;;;,iiiaeudem° Irrmeann w!nullwmy ilallr a scale eveird such Ime arm art of 'lllerrm„wrisirn, 'llfur , wind, &:wd, earthquake or other nrmafur,6111 our rnarm rmmm!Iwde cailarwmliilll, lai"I m°eaWl'lia iurw„ Or Ifms 't eIlpoterin'fialll '111!0 re6m„mWf Illurw a 61ii aliifial armf IIbluoaa of IIIIi111b, our, Ilp mllperty. i luuIrInf,,;f un!rrwulrW afteur 6 disastori,i (i)lllwi"'W"'III ACT()lF:Il111, ahaH IlpnrowwiiiJe qpecWll eenvkxis 'to fllhme W''ifli°'°41k" iiinrmu,nimJudiiinrw ("'PI Ull�i°°ilf" ", f'I” OII Ilhm lnlilll lu;mllpenn nII�ii I°I11:1, C�' Ilf�lli's 'faoiiillliiifiiies u!!uw enrm onw!n nrmlii IIY and eliminiirmda rnwsuwmeoeaaalr,,Ww nrwrmeelll, Iliime rmeada of nfty dutIng a IrWWeae'IIIar. (0) (;'; UIIN°"i"'lli:IW, (llf°rWi;)llf'lt shminwllllll urm,!wt ic,mfwaur a GIMIr any foo for ollpewmliioi; 'fa(,:,iJilllllfiea iir:Itirliing an eurrmenr enrmoy onI° for ektermidling W lknlom„mura u,�wf Irm eura'fliiourm d'mJuiiMi w a disaster. (;'03'117( m!nfmalllW Ili,ma Ir II oW'11C'” I� Ullfllli, 'IIC .,m a rei,md m„wllporm miriitmet prIces four 6111111Ii L[iiizllhwaaea made by W I( du„wriuwm l lI e WASTER CONI RAC r IIC ' m°Im IIC RRODUII m MI) SERVICES C'I, w 0r,20 (IREV 'rll ,,,i05-,116) Page 651 of 896 H)Ocusllauil a luilvell mlum,, 4AW,,ullllu� cru �, m m 111 llllmm mm llessllluir ai'id cahrrRAC„r0iR slmalll noll slhmam e Cl'P( army add lll'lormal m°mmaHr up,, fee ior cost foul airi lmruui-ldi ma s umarle by GITY'aurin a d1saisteir CON °'III "I11:1ACTO slhmeil qUIckty urmmoll filliir,,,, C011Y"I"'I11:1AC'i 11nitai mall armrl a termmall Ireeolu„muroes assist Ci1l ( when a Waat i” emri„ a 11: ..:Aendiied lhmouulrs aurid pair urmrmrmll 1G uldiirm diisastaiii,i;"'l ?4T11:iil, 0R's far:0l11IJ allh 4lllll stay open 24 Ilmoars If requested Iby the Ci III Y. C011 IFIRAC IOR slmallll Ieffllli a addllhllllormall CGINTRACTOR l m"i to liske Ci1r ollrdears ill' necessiary 00111ir1fRC rGIRR's Ca111 Ceiii, r afmallll armswll p11'moln ie orders 24 lmoaurs in day„ 'f I1hl11f°IRAC"IOR shefiI Ilmave coinitingeincy II with CON illf�;Il i i "a st.,qppllieirs to proVilde add 'lorma111 s'ai)1iAles aurid e ,mullllpimelumllC qUickly to X11 f as m°ieeded CGIN"I" i lii slmalli coo eu With Ci FY to mm , meri dlDc urnoird aurin and 6111111 expenses e ��� � �� Ill � II1� � , Incurred1,m IIIf" int CON 11�11i Ac,"l�i Ill alrmrl II'�I "" ' M11µ 1f s1m61111 assist CITY In irniWiiirig aurin, and 6111 doc umemrmt6tliiourm urr6rlllluliir murmmeurmt�s of iffie liii°adorW Emergency Management emrmment emrm � IIC'� Ilf iiiii ll � , Sac., , 'moi iiiine ef' I111)ellivemr , I ellllw-miri Is reqUired to be rrmade in accmvdaince Ah the sd1hediUle slh,mom mrm Jin time solllliiaillatliiorm aurid pituirhase, order, Sec., 30,. IIIF.0.1111 , Illl eallllllm°matllommu IIIIII de111111mmerllles of fDroduucAs sIIi be Ali„II1 „ Ii3esti'mmatliiorm aurii1d all freight olmai afire llrmdllmuded in Die Purchase l°:Idca mmlmsr erl by OriiiACTOR 1110 the Cll"'f"'Y. rm "1'"lie Imropsed pri irig mllmllpllmllles to nonmelly stoolrerl (,,"W , 6mr° rlluieriiials, Il liisr mmuurmts reel aura based on the (.'3hr m Hl;,mam Ill,,,,liist I'Mce I'Mour Cost in � , , at flame of 11011nder. Stalruuir,lard iu,l lollliiimmemr poficy lr,mroVldes customers with ururms,id day servk m, fmrree of ollhi for rrllri IRW111-111818 81110cisrl In 111be brarmr;Wlm aiii'id wltNirii the staadaur l wii,i amnia 011A11011% innitil.,flirlirig saime-day or expedited inest,,,,da Isemrvirm, urmoin-storm 169MIBI, 811 ordemr° our° sp ° 1a111lmarmdilrmi;;l and mlmmatelrlallls c . liiurm d 'f'r ummrm ct er l°,ilurra- ytwir „ rel'moiuusr,ms our m-mmaur LI111"6CIUII DlIrs, may 'iiimvcllu„ulrliis Whml1glp)plr or tiiarmdl111iir g lmallr es„ army shlliiilllmllGmiiimm , hwi 1101-i mr,mtllhmeiri cnata MIIII be mane caste l at U11Me of order. Sec., ,111 Quality.. Mill 1' irac.Jiuucts s urmmullli Ilbe urmama,,, liiurm rur,uurreurmt IfmmudUr lora, and the lmmssit m„mf tlimaiiir 111thnd When adpIplliioa ale, peons and irrmalllr'111sirmsincme 6116111 Ilbe masonably avvi„ ISlaw ingt.aiiili,mrrmemrmt that is mr,mlllmsolllete a„mul° teohurmliImMIlll m„mllumtrllat ,l is ii, in immlr ue111:ft Il4s II IerrmaamufarAmured or reoc.midfitionied 1111eurrms are not ooirmslr,lemred urine , Iter a roil-mallllll be IIp' IIped packaged, jpar edm lliunallmelllerl„ airmuiu,ll Identified Ilin mr;mriur,uordd'aiin11D6 VVIth courmriuur euri standards sc i,ml mllmla llo this Ill,rade aind films by III ' emrimrl of ellr° ferlerurml and stateit,Andomrms, 1113aoi iii,m 61li111,ma Will aiu,mimml1 amrm Ilse it IllmIIll1 rmmemmrt, 11111X. 32, Brand I emrrme orI1E:::1 iiu6ll, Wherilisiveir the Inaimme of tlh ie urmmarulmuf6r,lutm,mrer orthe isqimlllmllleur lis rmmil ulmlllormed on Illlmuillu f6CIlhmermsof dmrumu11d VIM maoiri 'oiir r muall” rlUrlm not follllllo ,lilt st'16111111 I11:)e iulliulluemr ed that the wnii s Nor equal”' slmalll Ifelllom s uir,ile6lignatliiMIMS Imm11u1V,,, 's the f608 Ilhmemraof 8;)e "Irmorho (,,1 P( may assuuurmme 'tlmmlml; Itermms slubmIlffec.1 mnVlty equllalll or It imay inquiest samrmmllGmlllr,ms aind Ipimnf tlhei , ,f aind unless approved before sllhmlllillrurnermlll,,, resm,mmrmres url llrit to a tmurrn lat the CON TiGIR expense ° all Illteimrma lther1 cure ruoollC SM8, Ft mlllule as MASTER CON I ' m T Ill mem I!RODUC m S A119D SERMCES Page 13 of 20 l Jlllllllll II SIS N ) Page 652 of 896 DocamSgin Eirivallialpe hi):4ADVSMAIIEGAA,BIIFWI-PW D'I SII 331131E11 11391130 (muWia, Mid iternis tobiia replev)d by tk-iiie COV111'T1 CMIR with satisfactory itaiii at 11i odglinal submilitted �Bec. 33. Corniii,vriercMdliWaiiirraiiinty. rivie CIRACTO, R agrees 111bat 11be 11:3111-oducts and Saiii, fury,flished mdeir tMis Coiii shWli be covered !,::uy the rnost favorek:Ae cornirneaAal warranties tho CON T 11RACTOIR ghfosto ainy cuiiii f6ir aiii.ich uqi or, ii, as anid 111bet the rights aind ireirmmoe liiaa IlGauwovided tvare[in eiro lUmm addftio: in to BIrld (I'D hot iiiiii an ui ariffbiii-ded to the Gli 1"( 11:1y aiiny other olause of ttfls cuirlb-act. CGINTR-ACTOIR irepresents that t1v weiriii-aiii-dies sRt IF0111-1-111 1-1811116111 aura 111,Tolt Illass favoiii than those ouir-r., Intl extended to aiiny otheir sWilairly 61h.mted govairrvirnienlL, governmentidli eii jpolllflralli subdIvI611ort, clilyi,i stalll% school district or other Ipmalbtllc eirdity CLIM011MO 11% 11fair the sairrie goods, liiurm eqiii,iWi or lassquaiii as Ilpairt of"the 61111 urmlaldcet eind Iuurmldisir Ir iiia miiilllaur'talo°n`11a Sec. 34. Selliers Invoice. Ilfuie shidlil lime I11pimparad aurid sU1:)irn1tted In diuli tooddiii WhOM 11M puirchame ordeir., 0, q1pairate iiirlvoicms ii rqg::jiiu1iii-9d foureact-iii Ilpuirchase, ordisir. lnvolcms WhWli coiii the fid1lowing ',iiii-ifoiirriinst[ii:Diii-i::: puiii oiii-deir urumtlbar, Itern niuiirn1%.ii% desuflpfloin ofppEi(m our serViceal, Fii Ili of irneasuire, ulwaurmtit , lualmllit prilice, aind extended toill:Ws Be0.35. linqp*ctlion and Acceptaiince. IllirmamllG ecHioni and eme;0banice W11i be at, destiiii Iuurlllless all Wmified off-iiierwisei, sind wMil Ilbe unmade Iby the Gli rY dqjpaiirfi,neiirA slvwn in 1111e sk,iilplft addm., es or athe ir diii siutilortzed of the GITY Uiritil deliveiry and anceptance, aind afilair ainy im...,jectioin, Hak of loss wfll tm oni the hi riRAt nTli luirtilli lioss results from irmmaglllllUgeiii of the (;vli I `Y. CONTRAC"! GIR Mlli Ibe inditified Uniless agireed otheirwtae, fteiii v4lli ibe ii-stur-iii-ind fi*ighllt c6liledit. Sec. 36. E oiso aind Illfltoamaged 31411lrrirriie11uri ift. Iiuttmallk of loss or dairnagielil,'o ii IlG)iilioiir,to,ithe,tliir,riiis of, thidir rwm, Iliipt sind aim ptaiii bylithie Gli 1'Y ls upoin thei(;'O'ON r1l::;RAC ["GIR. Tiv al"r Ilhlrae ino 61bUgation'to accqjA dairriag, ad st,flljpiirrrenilz aiii resaiii Ift right Ic retiLlf,iri atm h1T1::ZA(�,' M01:1's expeirisle daiii marchaiii., ew,.on thoiii ti,is darnags' waiii.; not qpq,)aiir&iM or imilli ew,veired uintfli afteir receIjpl11: oftl* litaiii Sea 37. 111 ate SkIllpiiirivints., 00114TRACI GI Iiia raslpiii to ino*- 111he 101i I Y depaiii rvc6iviiirip thc-,,,m ii aiii thiB SE. -.011i II 1111.Ayeiv° of ii late Ir,mul didleyed 91*lpiii The Gli 1Y reseiii thie ri to m Im111m, 11V Wil or aim' Iji of sin oirderif the st,t0ii is not made as 1pirniii 11i '38, 111"ax Euiriviptlivin Federvii airuldSta'tem (a) I he 101i I Y is oxeirriqpt'-firorn IF-leder4li Ilf;H` oiii aind tRX8B 011`1 llpUllimlm urilder (; Itmlpteiir 32, 11111 R-,m,.wenue Cade riie W811"Wi ta:K reg[strEition niii,,iiiiliceiiijed' by the St 11 ciWie Dlstrict 11)1iii 01in Ill nVeiii 11 1, '1 1971,14 Is Ilfiou 4374(X%90K (b) 11he Cli I lir is exempt'-firoirn IpAyiii-neird of lWasourl Seles eiii Use Tax In Aw*iii with Sectior-iii 39 00) Mitidlis 3, of the 109souiri Constitution and Sectiiioiiris 144 1040 aind WK.615 111151Ao 11969 sind:sulIppleii�neiit,,itheiimto. A copy of tl-ve exeirqi from lWissouirl Sales aind Use T Im1' liis evaliablis t,pon reque. sit. See. 39. Avinuidli i0 1,iundsi. (a) Ill lmalltt yearteiii sup:rAy aurid Reiii cniii and leases and the exeiiirllse of option -is to ii teirrin ocaritimclis aire suk:wject'Ito of fur-Wis Ilbythe Glity (�'.oiii !:::�aymienls ii uipildinirliterm contracts sun Illeases airn considered libeirnis of liourrard expense IPuirchiiase cirder's airn ON IIICW IIC DR C�RODUC I SAND SERVICE"I'S 14 of 20 (REV.,11M5-,16) Page 653 of 896 ' n EnviWallps IIIIl �m 1 mm m "� � mm��III'�Irlllli"�II�GI�CIP�m� funded whemr'm issued, 't erefomm, em -ie currren'If timpenso lifeur,m and still- rrmof s,mmllh4eat'Ito army m' Ubseq nt allpplll''ollprtaffomm mrrf'f Inch. JICm,� III ftme emmerrmf s, ffmofermf fmmrmm's, are not, g1ppropirkated For thin payment of lease Ipa m,mmemrlf m or amie ' temrrmrm oom'mfmra of payments men rm ;mmlfllvid to Ilhme pal[rim the mane oo m,mm°Ilriiimrmg Illeamrme mmmm° m'mfm m„Pf i and If no fundis am Illegally aV61181Ae 'frormm ort eul sources, s, 'the lesse or wnlliract imay the femrrallina'te V at fllhme em -rad of the omrWglllmmWIlhemrrmrm or lre ri term and the GIIIw'f'" s,fmallllll not be ol1blllligafe l 'Ifo manilla e fmmmifl'memr 111 ' mmmemmrfs, Wyond the 'then ommmrrent orlglllf'malll or° rrermmr, ; III tem'M rho GIlf"P( 81111 provide rmmmrfll4oe of Its [rillimbillity to ooinflinue the Illea ,u or contract of such fliame 'the Manager of if°'lrocmaulremmmemmf Services Is aware of the mnom'mall;mF.xiof,mm'iiiafiiiomrm of, lbii-xls,', Vmwever, 'f'allllpamtie fomrmof does m dlk imnewthle 'terrrmm ofIII„ I„ or urm'I ot, If a llease 1s, cammo IIIIVemt,,, 'fllhme lsveiii,ft of deraiult °'111111 i as, descrilbed firthe feas,e arm 'four the sc.,ocAlloin flii'fle ' °°f Ill;,"IIf .VN llllll °T 101Y IIP:::D Dll:E,Il:::: I L 1 rhe 0°"1°" fmae no immineteiv-y loWlgatloins Hilum emmermlll, o'f 'terr rmliiimaf'iomrl our raduoUon of ia ferrlmrm oorrrfmaof s,'lurr „ such contramrellpm°eeellrll't es,fiiimrmma'f;e ' quaintlIlles alr d are snot 'fuirm lded ams a lcrxir,drii 111 mmlt ormlll 'to the extent of i mmm°imrvidemm liis,aamemt', Sec. 40. 111:29irforimairtim miruldIlll alll'uum'fmmul'maaullmoe IEloHrrrmrf mind liDa mmmm mrmf Illlllf mmrm if iim i Order Bis, ee't'mmr'mrlrafe to excaed $50,000.00 am ' is ifori the elrecf'[oin, oormstl1rUof'momT, alllt'eura'It'ourmw rellpaliiul° our Ilumfmlmo'eurmmueurmf m,ff ainy builmrflumrmg, n.mel, ae'tm'i Ilpmumllhmlllliiic utflity or m,a'Ifem° Ilpuumbllliic'IfacHllrt ,ownedIlb�y the 1pt.,U11c eurlflii'f 'ennied b Slisictilirwmin 'fl g"i IRSIMol, fi int 11Sl1f llf�t �"'IIIIP ellhmafll obtaiiimrm in Iperformmmamrm e errmm;f mmmallrm't'errlaurm ' „ Il orm ' aii nd pa rnrmarmt If °murmmrf as, rre mmiiirre ' by this Section. n. The i arxr llpmm,mmme l,.memrfrorirmarmoe alrm ' mmmaflr'mterrlaurm a Iltmourm ' and m rmmeln'tIl iim'W are liricorlipairated iimrn ffft ourrrllhr hof; by reference. amrm Com-m'tmmrm tamr allh-mrlrmlllimrcogtmlllmre ifts Immrrmmf 'to I'uaamme flll'me jeer-fourllrnrmalace aun urmmalurmfermermoe I onds sand payment Illbom'm s, mr.mmrm Glity all,mpro a °fomrrll�ms,„ ( f11 I omrm 's, she fl1 IU a executed LW smar llhm st.mr „ 'ea as, acre Ir arniemt in the os, rmnt Illiiiaf of �"f,nomrm'mllpam'mlee II°°IIbo111 lllmrmg eir iu „allCea of , Ilnm't'f,ruoriif as mllr:ft mll4e '8mmm'efllles, on III"'"e eur it Ill mmmmmfa airid airImeooellp f.'iible Feliimr-i f omrmIlllGmemml m �a amen IIIA 'Nllllahe ' in Cfri 570 (ammerm le) Ilhm' 'this Mnarmma'rlllal Il amyl mgeurnermt eur 111ce,, Suiri 113ond I19i mmm fhb t„J„ II3e111m rtmrmmemrat of flfine'1f"mr mamm m u A lceiirtlfiisd co, pyof such ageur'rrffmlm allnm'Itfmouriii'It 'to act mul,ms,f accompany allllll Ilf om'Ilu a s, gm'me 1:)y amara ageiim'd lli the sum -f oin arae Ilfiifond fu rmwnlllafined by SeIVll4er' Is, declaired lheinkiii,,i oul Ilea ° it mes, [roolveriti, lor its mrtgllhmf 'to doIINweliimr'Ilmr°m 1s, len,iJ in any slate where mv-iiy arrf of fllhme IRi mleot Ills, kxmted or it. ceases to imiset 'the re ,aamlmrerrmmlemmf ofthe preceidllng s,emrmfemri S611eur 61161l1'Wki,iiiiIi (0) days thereafter er s,uItms,'fltuille amu iolll,finelm If°forrmmt and suiret ,, bc4 of mmrfmlcfmi ii -i III, am;m , Ilptalfmle 'to flll,, I rye Ilpeuhfomrrllrmarrruoe aurin' rrmmeliirrmfei Ilhmurmmr,l aur.' Ilr,maymemrl'It i s,fraaK rm,mmrm'Imeiumwm in elfed. of Illeeef oine (°'III year aftem-°'111b "gym dailla m fineurm jjpaymeiirA. 11mcamies due„ a :,, w, t as, proWdW lotheirwlsle If,y 111-aws w ll:�:ZSgUlatllollmm or Il1w t eomratiii-i Ilf;;fm;wcumrmmelrmfs,. ) Alll IBolrm ars m°e amrr,d by ffine Com'i l oommmrrmemr-m'fe to ILm purchamid and imallintdliir-*-dIb 14111HAC rOR s,tmlmmallllll be bta ur'm.,W 'fmrourrrm s,uamm'Y Iffma'f Is dUly"Fi0iGinsed in the State of f liissol mm°l am -rad linthe jumhlle 'IIUa'IIIjomm I'orr'm wfmllk;l'm the l:::lmj0Ct is locow, If not IllmmIll 1s, uid, m Ilio Ilrs,s,ilamm fflmmm'mma„ Afll s,am.t rrrmlp amml'ee 91'maf11 h6ld mirii AJIM.,Ill est m- mflllmlmg o'fIll3-ii� -- y , or l;meffem (e) III'f ittleski w einy BlonflUftshiisid I omrmtractom is dedlaired Illmmri or becomies IIR IllVGIIIIL ora„ Its right 'IICo do Ibuisllrmes,a Is 'termmmliirma'ted liimm any s,fa'te ' hmeurra aiiriy 1pamf of fllhme Project is located our it cmeas to mrm,meelll, this m ul'uuremmmermf c,ruf Il3arragrafmllhm 5 01 B, Cordractoi,, shalfll m lffmllllm'Im 't wmm'It g days, fllhmem°eaffemr emmllE,ms,tiii'fm,mte amri Ilfiifomm amrm s,amm't 'M brAh of which m'mmmumat ibe a ' Ijptall Il4e'to City. kWAS m llllllllll F1 CON I4 IAIAC ” 114 DR l RODU ” IIIMII) ' 'R 'm m11'll” 39g ",15 of °2 m t'Il ll ,m , M-05-1 Page 654 of 896 Il m iu lfflprui IlBruvello g IllID Il .� „ II V °m m d IC" m''''I!. ml lll'Illllll 11 m Sec., J11 Ftiv allllltmrmg Walpe Pre alllllilnrm l WageIlli, e mrmurl (!�)M, eur liinrm llaillas WoOlklithat re m.mllluwesIpa'yrr� nt of Iprr'e' aliillilurm as Sell: fDrth Illllwlil 8m)mrmtl'mD111,291D 2110 to 290.340, IlRll;.Il O 01h1e Ill,,,,+am , C;IJPC NI I"FiAC.'TOR slmallll Ipay 11wodcairs urev,61IIIIIIun fte lura ° , rdanra with ttmliis Blemi�tliimmrrm aurxl ttma Ill,,,,aw, t,,,Iinder ttme I m ,„ irk,that urmmeets the deffinifflon of "rrmstmm,mm��t onm "Indiumfes m mmmlllmtmnu cAJoi m,,, recoinstn.icllllcvii,i, liirrqpmovernent, enllaim emmmm, int, altema'llll urmW Illm nliiurm'din f;l sind m,lm coratfurm , 10m° umrmm �allr IlrePaliilll°.' ll Ir Bill teuramrm,me m,murll 'tha't liis not smmlll)Jrrwcic to the I aw Is diefflined ami 'llhme urrell aliiur,u Ilh ul urmmrmt'the irvpllacemliant, of existing-fiaefillii't'lsm. when t' a 61m, 'ty'f m m;mur m eurm't mmUllhe existirij1p fa Ultles is not'ithem-eltyy mum &rq.:lIia minorliiurmmmrrrr . ased..” mmnrmtnr�mm�t��r;mmr sllh�malllll m�mmllf�l aur�nlmt m�mml�llre lfa �filmm�mmurm'lllmram�amrs'It �Irm�urmm�lll mlt',, e. Secdoins 290.210 to "290.53410, IIIRSI mm 't e 911 81119 Of' l lllssmmUIrlll IIP:�urevaliilllliirrm Wags III !lu (the "ll ave); ancll 158.310-3.0°10 tcCS R %`30 3,ID60, the l::limav6llllrllg wage Ill mem IlRul (the Immm,m ir tlhe rrmmmum,mmdlll Wage tlm em (Wage �", Ord m) Iiissu�em,l Ilk: 'Ill'�e Slate of Ill liilllmsmmm„mud's Ill)ellpallwtllrmwllerd Of Ilm„allumm,mul° anrmd Illuridliustmiiialll l elatlmm, and m an rr� fmllllllm�alllmllle urmurmm� III lni,ilerraiimenrnr,alll' Irnm e Illurmm irea (Wahine Ilurmm�r,'° se) to thle , wmurmmW' agile.. nurdism' "'rtmuim;m III Jmm ,u IlRwles”, Wage Order and aunt' 'l af;le Illnrmdrnrtiease are loan rr71r,m orated lirdo auwnomt umam,lrr) 1pauwt lhmenre fr tttliis Cordraict and sllhmdlllll be odlIlec,.flv6l,y urefbi,,Ilrem '111:o In ttmisem.011 mrrm as time uIlllure atllllllwmf;l Wage IlFte Urellrrrrmlmsn' m.” In time event Otis n m;mnrmtmamrmt is reiric-med hair an a dffionall 'lllemmmm„ 'Ill' e Wage Order Illuru evffecl m of the iir:Wcmiiryiiir,naiii-im::rau,niniii,it date of tim addiflomehI Winn, elr aiimc.oiridliw:md by any allpp llralbAie ' Imin a Illam,mmeasmN s hmallllllILix.:m r,,learnemf Ile rmmur m m. Led Ilhmerelurm 'milmmrmm'll sllmallllll afmfmlll and reirrialiiurnl In effect fDr'� the dr oration of thliui a cllllltlllmmnralll 't'euwmmm„ llf"Ilhme ii-iow 'Wage Ortleir auwmmt aurin' m.mPPlll atmllle ' afte Ill mm amm m sh6lllll glioveirn Imnur° iitllhm,, rrml lliiuwm tJlhme fact thatthe 'l ageIr,)Mor° Ill,melnrmf ra lllamrzd umliffllhnt be pl-iy6llcmllly attachiiad to Ilhtmliisrurmt cl, . Cm,mmm'tmamr,m or mmlllmalllll ipay aind iire ,ulllire Its Im,Jllil,mm mmurm'tmammtm,murs 'tau pay I alllll workers IjpeHm,mlmmmmlllurmg' iii-lk UurmClem°'this Contra..ral riot Iless tllhmarrm the Emma aliillllurmft houd'y rate nf wagee'For ftmlmllm mr,u;la mmnr'type of work Ipem llbrarnemf by the l u , 'Wage , ' �" „mmllVmm�nnr lullm elr,° m�lrrlalsm��e 'ltllhm Il;tmlmllm IIl,,,��Isma Ill�lll�,mlllmms a mJm m�>r'muw aurm�r�l aurin, Irnullrmplliim,~,ralllmfe 'Yaffe Illurm roase Coirdraclor mmlmallll tallms 'm hmete elr ,steps acre urine essaur; to i'limi:1 ore, that 'the ixei, mikillirig, 110%.1111Y mNa a IMtemm SIM Ipeld an d Illtmat mllmllll'workers'forr° ul;;;,l',oin'Ilmsmclor arid isach of is Subm, mmtrR lllmmnrs i,.tlle Il alm,l 'four the CIBSS OF" pflPe.l of woNc, Iimfimmr emt lby tlhma woi011ceir In arm mumur sirm s wfth the IPure'alillllliilmml 'age IlPllem;;lm,mliiurerrmmeurm'ta, 4 Pnrlm,mrr°'llo leach of Illllla lilm�ll m,mm�tma ,,.. uws Il, llrlml- lllng wilDilic m,louwm the Site,, t,;,llm,mmm Ihmmm sllhmdwmlllllll regLmlllur ead-m 163t.,flbcoritimm lrltm r 'ta caimplets Ulllvs IIP,,,",mmnrum 00490 livintMed ellrt' m atliion" 111bat !sots fmsm°ttm 'time m' ulllmcontract mar's jpi,-ev6llliii,ig mrage rsmnmf 'tax compilainicm lftlstory 911bir time 't (') yeaim. llrOrlilDlIr 'I'D The lipid Coidii,actuir sllhmallll retain mmrrme (1) year and rrmmaJ@re the Ceurlll'l . 'tlarrms mrraliilllatmllle 'to City mmurrltllhmliin Nve () lidays 'alltem' ' nrl'ttenwm rem,lm,mest„ 5. I@mlmlmep and ii-aq,,mulure each of tts SUbcontm, dem , engaged In tllhmeurmsttn.mmm�tliimmurn of 1plm„mllbllimm works in Ipe rfoir mainicm of tive Corrml'tmram,mt to keep fm,mllllll 'Irimmddr lix.,m„mmrate rem ur"ds mmurm Glit, ''s fmmurms, "tmnrm'Illmam,�t,mnw Irtmalllll' a. IKeep and require duiec ml Of litsmJmlll °murmtme tmmurs eurmftaged liiurm the m., . mm9MAGtIDIn of IlPUl)MC 011*,s In pei mm'wlrmmauwm e of 'llfmc,m a c)IInflnre t 'tm,mIlk,eellp 'lllm.mllllll arrmd accurate ran Immfs 110111 t ylii'It 's "INNY Ill,,,,abal° Idem°Ir* l efmmmmr IIP:::l Ilwmmm I' ulrrmrrrlllliiratliiurm the ' ur .ear's urmsuwn is, IrmCmmUll,matliimmmrmelll tltllle or l'asslii uuma'tliimrmm 9prr'a p and slk Milli aur'7d the m oml eirs” tmmmurmurs. City sllhmalllll fulmmmllsh blank limpies of thiicm IID41i1frr Lallkm Ilr ASMR .. OM RACT ..l!!IROI)UCTS A14D' CE l , u IS of ' ren III I II Page 655 of 896 11::::�ome RA�If::crt 11:::�iicvirim-iii to Contmictor'fbr Its i,ixe IIf'or d1StNbLrUO1II t.0 "S'lubcontiractoii%. 11I lift II its Suixc3iritraclam II Labor FIMIMS Rzportslllxm 110hyeach day, and b SUbnI amend reciiiI,itire each cff IIts SubcoiiIi., cftom eii,igm"igiiad ki the ocW18111I cW II woiiIa liimmIIII vift', rmaince of,111he C',voiMirect loieubrftlt, alwIftimnicaRy,loin a f6iiI Il iiIe. d 11:)Y the II Cartified PaY11I Ilf181:)0111 1111101111 liimndliimlm 'fliiang the I arfc m° anaime., addiiI III isscuiiI IinuiI IXXXIII m0on(a),, croofos) of every wov'11keir eii�,qf:Aioyod iiillrm iicxmiir,ieciioiirl with the II wodc togeillher vOth'iII inuimbeir II Ilhmollmm romfcw&.1 by iia:IiIvM.xi*iu i1i'llind the aiI wages paid lin rui-iiinciociloiii-i wittiii thiium112mlect, aiinid other Iperflnent IIIlmmfommatioan as reqiI by t1is City; niii'id c skill')III aliv-11111I arecliII 11I of Its SubmiiIrs iiengmaigied liimn the C011IM11I of IlI worics In imirfoiriI of the (!�'O'Orftrectlto SUbMt, e1W,"rT.)1II [in foiiI IlaIed by the CKY, a Pa'yen o, Ml CsirtifiliI I tw IflayTofllCeiiI. Ucm amnmmst M slgiiP,ieci Iby the iiIi:.Riimploge s or ago int who I1I or, supervises'lir eIIIA ayrnient c the'ma niiI eiiInployed iuiiwiiidiia:,vir tiv CoiiI lf'ciiir the Cointiii-actniraiiIesich Subc=Ir, This 11)Wly I k,.iIboiir 11::::�biimA IRqport, i.,isud to iiooiirpf::ile CeiiI 11:)eyrofll Ilf poift, m:IqiriiiiIII°,)aymollllll CerfificaMoin 1I 06118c"W61y ii,efeiiTed to In this Sectloin as the "R'IecaiPds." 6 Coiii-it mc ctor shWII 11611 of CC;'Pointiirsctor's and ISit,ibrinform clairs' IIRIumuCCIAS IIIi III tO llnspc.,wlBon IIVy any SLI'thorized rqIpireseiiIs of C'03'tyand lthe Ussotiiii Il qjpaiir'tment Of Ill AL)OW" 8111 liindtvqt.ddll II::Z,waticiIiir'Its Rt 1I im"IAs t1imi-vaiiIiiidIas oftaiir-1 IMI S CII -ley May be 1r-lem.5seary'maid stichII:::II; WIWI rIlot III diestrayncl Tanen, aroalmnoved llfiiIa If of IIIWsscll iiI for in Ilameiii'lliod Of' Dinie (I) year IIIUIowtir-ig Me cniii-qI of, the IlI work Illlmm connwilion vvith wft0, � 'If Ilftoomdmt it rnadiiI Cointrac.:Aor ^shaflll havo liifs aind itS SUbcointractors, CeiiI f3eyiii-allI Ilflllfopoa r indF::`SymlI]I Bvaflaiblie at thiii.,.iie Contractor's III and 611 provide f IIFtecMiiIii. to the City imlectrcxinicafly at Otys sollie dlisc,3'vvtiorii lin ackfiffloin" afllbiiiI corWdeireda pulbfic army and and Contrao ctDr st'i6ll jpiir-c:McJiiI 11::karxvirds'to the Glty In the 11format reqUireci Lr y the C.'Ofty Wthiiiv,m thiiI ('%2') WWII 1111MYS Of alIny iii,equeO, Ihy C„'Vfty iiI the Contralictaft mIst. Cltyj” iiir'iii Its sole ciIscrabion, iim,ay iiI live Coiii-itmetor tID send siiwiIy iicff tfilis Reccii-d a I11roaMy 111c t III WhO iiIted the RecoiM ist Otumm'lll Ilwm :Or's. exile. nse T Contiimckiuiir sh,611l pos't III Ikegjrie Iposted a c6aiiIly Illegfllrmfe u!111teil[Airnent of 911 prevailling houidy vmg Ilr tes Ilk) be paid to 6111woiiw11kisirs iia:WnrAioyed by Om'tract gal ,eiir,id each of III 11111 the IIRS111--foill-limaince ciff this CointraicI lumen a Ipmoawmmfanommf isind ieHy eIAlla III IM thiis MO. , Of the Work Iby aiflI workeii%. El If 'th' e Coiin'tiimict 11::::1dce iiexceeds $25C),11000 00, 11CC'0011r'ttiiractoiir 01411 sirid stitiIi:IM reqiii-ilre iiIi:Mici"i Simild cnitan tmcftir isiii,igaged liiama airy cDn:iRt.rL1C1101II cff IIput:klic worics to have fts abbraviet,k)n or nx*(;ii112..,.Ab1e IIIoglcm Iaind thiiiiD II licof the cflty amend state of,111he ftlllng iaddiress of 'If IlfmaIl of of this, compainy, on iiesch iiI mreftiidle aind iirnotoiiIzecl IpWoe of eciiiIit MI Is a sed liian rximiii,imijon with the CIL111I thatilimis EIVIIIIIi:'u con'tim.. Gtoir coill, F'Rilir ractor Is eiiIi on the prqject nie !isign ishall be liegI!IILA,iq film, iiI a distance & 1:m. Inty (20') feet, Ill tit lthesize Of the letleiift need rict be IllsivUelit, 'Ifwarm111 (2') Incheoi., lumen ceseswtwiiv i9quilpiii,nient Is Ilieasr..od or wheireafflAiv-iiig m:Ii Illegible Wgin 'to this' equllII is liiurmmpiriciI t1v Coiiritractoiii--' may oaf c; Is teiinnpoiiivc ry stationary signi,i wfth the [iffbirmall1lai�,iii ivqtdred piii.,irsiivaiir'tt tIC) t1*18 SEWM0111-1, Rt ttiiia II cvF the 11::)iiI IlIin IlI of affbIft 111he inqUired iiinroiir-iimatioiiriii oin tf"mo eqUlljp:iirniis III so Illmmang 1138 11 sigin III9 InciA, tin AcAafloin lI ia;iiiny sWie c:mr fedeiii-al Istatute, II or r'"g%jW1Jc:mr1II. Motoiir° vats flicfore s wKich arn irnqiiIi1iiI to Ilharave Wiirniflar IWM-MR CON I'MC7 III IIC1RODUCTS AND SERVICES F28ge 17 OU20 (REV Page 656 of 896 E)oclf lgiiwmIlru lr II'Ir"), 083I111YID'lE"'11I II30 lllrmfem'Immm'a'lllp a 'affplumlmlmmlf 'lllbmrilrello pum'" m.11 mlm'Iti to requitircminents ictf ar9gii.tillstoiry agien Ir,)'f the istate i llr fe 'elm4ll Do em°11 irnisirmrf amvam mllmmmammmll;m. fur rourmm thin Praiiwisiairts Irmf I liie st.tilLtsectioin g. ICkmlm'lllfmam toiir mmmlll,lr 'f; mrm mllrlm'ect aln,ellrllr' Vllr Illlwm ICollr tra m'e m°mlm` al11'm!pf' Si.,ibcoMracdom' IRRecords, 4 111" Curmlfmmreur'a 0111° mr11murm' y I Ubcommfm°all Ville, rd the Ill,,,MN, Ill lll,mlll „ Vr�urmurmaalll ' Vlf,ege IPu; 11 Ilammw allriid maim "Nage Illurmmr e 1 I Ill urm 'ziiir° rrlllayRml flim rf. fmrlrmmmm 111fallhmallllll maumcll efvlalllll urlem l riiiura liillla ' al eaurrlmactora to mr~mmmm.mllmoirstis with the ammld this IC;,IDellPem°III',m G111t Of f,,,,,allh,xxir1mmirmld Illuniidlilmlsllf;ftll 1:161atlons tlwm the islirm'f it-cermml mmf of WIs 'SOCUll the III,,,,aw, lilllfufee, Amnii,malll 'Mage iDirdleiraind any" Iamge Illmm „ ;-m! 9.I("'Ont , CflM°' r fmallllll siir f efmallllll 11ra u'urra liifla PSilma torus to Ipemvrmmlilf Ir3t,1f airuumf the IE)elpa1rtrmmm11llm11qt Irmf II abor aur'W IIIm dusthiiall I m!mlllafpcmmmmm to pmmfemWl iminy atind 'mamfp waftim mdm,mrflrmg ll; pllmm,g halon i mm the III°,)Ilr ,lj c Iimt 'I ontram vlr's, 011e MOSt and expenise. .m m;m11rmfm�; OLIN Shell fife "ll City, Ulpoirl11 ml, imrmlplell:Jcmm-m i lmf fllhme Ilf°1rr,,),1e and prior r 'lin ff11rmal IIS„ mmmemmfr thernfore,, alliffidnVIts finDim I ontimictior m.'.:In f i llm fm Irmf Its rl lr.ml m11rmf, amrfmr mm ,Swng that eaallhm Itmam fuff,y icmrmmfmlllliilem�f t the Ipi mm', paliim ns airlll 11we Ill,mlii11rme11rmmm11lm11rm'f, r of the IIN iiimmNsoitmi1 F:1ii a' aliif'pmmgg hfagme II a . m lil � allhmallllll 11rmmmt irrmilkia f r -41l 1p�a;!Vwmmml11llmmm'fr m�ntil fame affm ',Irmmaiii'ta,,, llirlll Pm�Ielll,mem' 'foirrmm ammlmf Ir,ImmvIrf 111°, fro, mm 110omm'finecdoir rimmrm Immach cyf His gukx mlrmfma ctoirs, are'llfffe Amyrr.'ointrmmdmP Tryon. 12 10onli a m;Vmur shilI.mlllf 11b, i fll ,more a allla'lllmmfhmrmm w jperiWtyllll the 011l Ir;mmma fmmummmmr'furle ' Irfmufllllallmms I('II TIDCp,,, 0) f1i eam;rdlhm 'II urIII Iw,uul emmmlp; li1rm e , 'lll'Iwmur meac,.h mr,valllammlrlllar m�'a�, of Pm IFtiilw n themd, m m�ctit 'm mf�rll�ur is Il apimf Illmavmarmm t'hairlll th il:R Pmlm apillllmmlG;f Ilhmciii.mrrfy 11ma'ins fairainy warfa liclictirte maur- eiir this Il m;;;mmm'f mm„ , Illmy ['ard.ractur IN Ib;Y an,m,mf' I���u11rlllllk11rm� Ir„m11hm� Ism„mlll,ml 11mr ,+r,, em mm III'll� I�,Wm�11rmf11ralr,Wfa11r em� amm;ry� of ft 6'Irmlb. „mm oire Ilhma e plrmlllafed any cllon(mlm) mryr 21190.2110'111:o 29,0.'340, IRS MfMI , in the courso 113111''lllfmis exeCLIMIM mwm'f ffmltm Ccilirdmict, IC3ty IeMlllll Iuwhert m rral@il P 'ymmmeirds to the Cointitactor 113armirMing IduIe ii.itidiim this IC r.xirllltnai rW mmamm'f,IIhuIlhil lllm„II and mvefmmliiimm tlhilrlmmrrefm mnl mellllll aurmummme and, arnO111,11rirts m„@mme mrmwind owtimg Iamua a ururluamulll'lll Iw,,;mf a11r111!pw All Of' Sem ,fO1118 12g0,g11I to ' U ,'I (), IIf11Il'USIMo, 1f3. III°l1m ,valUirmg Wage pie Il!)a11rmmlages Ir,;,Ipe'ef11r CbDr acknowledges and aglmleee tlhmm11mrf, based im the iltince of "ptllf , falllat.1011rmlr I��'ll� ilw�vle Il llla m.ii irlII IPrrelv6llMlliumgl 'IV Vage Ail vwllhmla ,fine11r (,,;;�m.mmrrfm mcmfam it Irmo lii'ts I'Sl,mlllmmmfaamll cmirnirritill lrfiffillt In ledid ill tlD IDI'lly,, r ;CmmmrlY all agrees that mlmdid1ifi1ilr,mmms1 il to I 'ftv for IaJmrmy IPar'tIiil m,mfamfalllafliioin mairs Idii'ff li lllf to Iamela'Ibfliim llhm mluund 'tlmmm hAil m bm.mf aline not Illlllmmmm'll ' 'rIcmists of inefmmmiil deIIIII ;Vwmrm, aidditloinaamf Ir ani 'prim” ("Abl, aclllrflllfforoma l tintimirest expemvummemm, 111r�lllv�w�rom�'tl,. 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I($11100 IDf;' Per Ill ll,mem° :tirk.em'whiicri is paiid 14111:.ies ffmairt tite Pmrevwalikirig lh cmmirly mlmm'fine Ief walplil 1. 1111111,11 p rm"mA11r ate the mlmddllfpmmurmlalll Ircift The am,mmrmm allhmlamllllll be id''i mm. ad, Pallld oir, ml mmNhme limm° ClIt' 11111M 'thiilullm IIr;;IIWlrmurmitmmlamm,„ Times Ikw,iwe IuIImmllrPliimvmd,, I Illlltiy efm,afl glllvwe Ili flflamr11 11rmefmim to m m; ntIrSiCtrmm' settling ftfth fllhme vivorkeitre Ill 1111T.3 -VIS 13ee11-It m~ r'WempWiicf, the mammmmm;mlll.mmmf, of, the shAutory the mamrnic ,tint Irmf'''t eIIIIiiI ,Uicicl rfammmeglm,.,,,e a lm vwfded°fl oir from this Subpairs, gmmall llhm.Ir,"wO mf , etr,.)ir shis,, llllll have 'fb&.mrteemm (14) imIlimm11rrlmll,mlmur da u to resporild, mpl,ilctii ffumrmle iimmay be mamXtelIrmlrflrllmml,lll by ICS'"''r i ill' mwriiiflfleurm urleiclplcllll to mrem Pmr,murmd Imumm fmluurm the IePe ' ed 1ffllmimle,, fJlhme I 'pf f' °a mrmllrrgliilmmalll Ilruulrmlp'Ik;iEt lefmalllll be dearned 'llrmmmumllmf, II'If Cordiraetmmm irespoi de to, IMt's, m,me'lll',f ° r,, Il W11 'fumm,mliiefm (,,;',Crmfmae t.e11r al final Idell from writfing Ilmvf'fllllm'Wmm fmvwe (501)days Immf mrrmmmmmlll,mrmrllmfliilmmg ainy lirvireaf'p afiiilrmmm„ WAS T'114l CON m 11IRACT I' m'u 114s` Qll')UC S ' 111',m 1!!Iagei 1 (II~ Ialll , 12105-16) Page 657 of 896 m'���m�„Nmlllll'I�u Illlllll:u��lp� IIIIC"mtw rw�w�lll''Illliiw� ',XVII'I�,�Ilmmlllllmmlll'ml�'�Immllplmlll'mmm C, , esi e fpm-memmmlploymeiii-A ® IReW ermf Ill,,,,, boili means lidi:)orars who i buriil v-saddeiii of ihe Stateof VIII ' uiir-iii f m'° at leaRtItHiii,aind,who liii to umeurmmaiiiurm Missouri mealll emmllla, amend ii-e6lidents ofNionrestrictive falllas 2. 'N'Dinirestdictive States" m,mmeamms'sinal „ ° identified by Vine Iius uid IE)elpaiii of Ill,,,, m" ou° am -m' llm-m I afmfalll 1:161lafl@omens I11!)1 lsliiomm Of Ill All our f~aiindar%,ls ff'maf Ilhnramwe not enaofe ', IICe laws m'esfdelurmg 11 iiissouuwiii lalbom"eme 9firai mm wDiii omen Ipm bUic i°'$cs prq�ecta A llliisf of Illmfommm"esfrfof;lmwe BLOW C8113 be found on fllhmeI11;;)'l ls'ioiii-m wellm sllte at Ilf,m1�,�,;;;��,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,gllllii!IY;,III;fm, ,,,, ff;u,'!Ilr% ;;,,Ill. fiirm .II. Ho of 11:::::1xcfts9Jv9 i m'mem°mmllpllUmm mmrmmam-mf is dedlaiii when the IIl lesourl IDepaiiMtmermlll; of III , IbOr aiir,iiid Wmrm 'Immsfuwlal I11:1elallJowms I11)ii lslomm of III„, Abair Staurul 'am- 's Ilpm-omwi' es mmofloe Of such decWiii heurm liiur'm effect, mm'atIce YWH be 1piromwl e on fllhme 11;)lmwiiisliiom-m ll;m slfa of ht'12:1 'allllm „u m'a„ o 'Ills�iimwm e llhmfmmm It Iiia ommfm"a „ m's olfmllllil'gallfilool fo mf' ”' ,' iim'mimm eflll'meur a l.. iii of III....” i esslllmwe Unemployment Is in effect,Wheiii,i this Contraict Is Illef ,, Coiii-dractor agiii fo Ir,ollllll fllhme IlpmomwlsllUomms of Seoffomm 200.560 290 575 IIRI& o am°end agiveas thatif a llpaii iio ' of Ilf;;;;; sslmwe Immeurmmll , to mmmem-mf has basin" dedlared of am,m', IIGmlurmf duiii the femrmmm off lip, Contmic.1al, Illi MBI eui airid require allll 8U ° ntiiia 'ors of wlmaf'e'mmem° tlem° to emlIpOioy only "ealii eurmf 1,,,,.allmour°e!ms 'll'i fllhme Work to be lllm i o, ii uin er fllhfls omulfm-aictw IPiv,ii e ', Ilhmowe euw,„ ommfr+aofour ui use Illall aivirs who ame not IIl eslll emmlf Laborers mahwwhemm !ReWidlermf III,,,,,aIIC m°ems aim not amwallllallt,wllle or sim Iiin ° Ilpafmle 'of pev-1binWing this llpauwll!'lmfl#ir tylpe., of ou , linvolve, d if 'Com mfui so m°fiifles in wriffing to i and Oty Issues a rliftem'm ally'mpro' ''alll, °IlFllhmliieIjpii Viialii'oiin does not aIIGmllrmlll' Ilio 111"agill.,lWili emmi°mllploe'd mmommuresiiid mmf 'e s �mflmwe, supemmmwlsmmom�„ vl' lmmmloal eurmmglo', eesu Seo, 42., Wodftmve. if Co: ii,mfw"a for is iria Uii 'fo i pirevaRlirig wages for this woiii1k fineiiiJ Ilpuuwslu„maurmf'to this Contract, Contractor agrees Ifo ' ,oii wth &'illi m°e ulims'Imrmenlf's of ifs Constructloh Ilf;;;;imIlplo mslermf II°31rogiii as emwma ,,,'d in lily's Code, Seo'fllloliwms -501 through 3-525 amid amens 1°memel6ui amwsended, f ourmfinemflfom° 'sllhmallllll m -n' f 'em-° eXceed 111IImmm oommslll,ur oflorm eiii,nplo m'mmeur'mf goallls uiii ffm'e sail ie sllhmallll have Iteen uwallised linin ffine m'mmammmmem m°o iii' law. ou�fmaofom"'s urmmul�°�mllluiam°m „ ' with this IIpwommlii'slomm Is a uwmma'feur�alll Ilpaiw�f 'of flus w ded Id', kom'mfuof Commfmm ofmom sf-mall coiii,nplly w1th Gllf "s ' foui IID11rogumiii-n IRellmourding System irequirements. Gointractor sllhmallllll use Ilif "'s Ilur'ulfeii web beimid Woiii-likforce Plmogli�,ii m IRlepaii,tiiing Systern proVilded by liif' arm'd prollIccoAs lmnol uded I'ouwm that ff m -e dlsurlmmg flm'a Ill,em-mmm of fllhnls Comnlll.ma A Cointractor shallll urmnellirmlfal6urm user 'adll::plllloaflllomns IIVmm �liif s Ilpm' Aded s sfemmn for 'allll anpnpllnoallmlll'e 1paiiMauwmuruli mill amend sfmallll ii-eqUire s lin ntra lour&'Ito Iirrmslllmnfaliim°m allmlplllliioalflon s MASTER N 111 RA' F�OR I�RODUCTS AND SE ' "'CES Iiagq m Ld'°file (REV i24z-16) Page 658 of 896 P) ub 11 a ill Il lu"lu'v 'lo; IIIIII')', OB3DE'l P II I ICON"I"IRACTOIR II Ihereby , irlun' that 11 ha' e It e authoft,to a ecubg Ifts docuirnsinill: alarm II iia@'f I f coiq°rl1:1AC°1° GIR. � IIP II "IIr ' °I IIr;Im�IuIIP� SVIIR Ila isiales atalk 1,.'IIL, ]L/30/2027 AsWatsint BY:�. l"IDetc . �IIII lDm" III)'C NI) SERVICES m' w, , 20 I f 0 (f I 5 m) Page 659 of 896 AM Public Hearing 1/4/2022 Requested Action by Commission: Proposed Ordinance No. 21-031 - Second Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article IV. Sign Standards, that update the City's Sign Standards intended, in part, to increase allowable sign types; add flexibility to, and further incentivize the use of sign programs in multi -tenant and planned developments; add provisions for shared signage to increase awareness of secluded industrial businesses; decrease minimum sign setback requirements; and establish rules for "human" signs. Explanation of Request: This project to update the Sign Code was initiated, in part, as a result of repeated inquiries from businesses and sign contractors related to the stringent nature of the regulations including its lack of flexibility. A City staff team from the Development Department and City Attorney's Office initiated the project with the following targets or objectives: • Logos and graphics flexibility; • Color flexibility; • Flexible Sign Program provisions; • Signage and business trends, and related legal issues (defensibility); • State regulations/preemptions; • Sign setback requirements; • Signage options for secluded industrial pockets; • Changeable copy signage; and • Relief standards or reducing need for variances. Staff has sought input from the various possible "stakeholders" with the placement of notice on the City's website, through presentations to a small group of business leaders from the County's Business Development Board and the Chamber's Governmental Affairs Committee, and e-mailed a notice to 16 sign contractors from the City's permit records, providing a project description and instructions for obtaining the draft changes and providing comments. The various proposed amendments have been organized under the following headings: "Sign Options", "Flexibility & Visibility", "Other" and "Clean-up/House Keeping". It should be emphasized that except for the amendments regarding human signs (a.k.a. "sign walkers" or "sign wavers"), most other notable amendments are intended to benefit the business community with reduced restrictions and added flexibility. The most notable amendments are grouped and listed as follows, with more detailed description of each available in the attached staff report: Page 660 of 896 Sign Options • EMC (aka electronic message centers or digital signs) • "A"- frame signs, canopy signs (body) and deregulating canopy sign rules • Industrial Subdivision Signs, and gas pump canopy signs Flexibility & Visibility • Allow internally -illuminated signs in residential zones • Excluding design enhancements from height measurement • Increasing wall sign area for small buildings • Minimum sign setback standards • I ncentivizing the use of awning signage • Neighborhood signage (planned communities) • Expanding sign color options for non -trademarked businesses • Sign program flexibility and • Signage options for secluded industrial subdivisions Other • Regulating standards for Human Signs • Regulating of historic marker sign and public art markers and signs • Appropriate landscaping requirements for signs • Encouraging/Incentivizing the use or updating of a sign program and • Removal of signs for abandoned businesses Clean-up/"House-keeping". • Exemptions for City signage • Emergency order relief provisions • Relocation of the mural regulations • Regulating miscellaneous items occasionally used to attract attention to a business and • Clarification of the review process for signage See the accompanying staff report for additional summaries of the proposed amendments, or attached Article IV. Sign Standards with the proposed edits shown in crossed -out and underlined text. Legislative History: The Planning & Development Board reviewed this item at its November 24th meeting and forwards it with recommendation for approval. The City Commission approved this item on First Reading on December 7, 2021. 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 Page 661 of 896 Is this a grant? Grant Amount: Attachments: Type D OrdinainCE) D Staff IRE)port D AttachirTIENI'lt Description Ordinal['IC2, appirtnkng IpirolPOSEdArTIE)indirm�llrlts, to sigin codE) Staff IRE)port &idE) Flir'E)SE)intaboin Page 662 of 896 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ORDINANCE NO. 21 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER 4 ENTITLED "SITE DEVELOPMENT STANDARDS," ARTICLE IV ENTITLED "SIGN STANDARDS," AMENDING SECTION 1, ENTITLED "GENERAL," SECTION 2, ENTITLED "CITY APPROVAL REQUIRED," SECTION 3, ENTITLED "PROHIBITED SIGNS," SECTION 4, ENTITLED "STANDARDS," SECTION 5, ENTITLED "COMMUNITY DESIGN," SECTION 6, ENTITLED "SIGN PROGRAM," SECTION 79 ENTITLED "NONCONFORMING SIGNS," SECTION 8, ENTITLED "SIGNS AT ABANDONED BUSINESSES;" REPEALING CERTAIN PROVISIONS, PROVIDING FOR CODIFICATION, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City Staff periodically reviews the Code of Ordinances of the City and makes recommendations to the City Commission to revise its Ordinances; and WHEREAS, the City Staff recommends that the City Commission modify and update certain sign regulations in the City's Code of Ordinances; and WHEREAS, the City Commission finds and determines that these sign regulations are intended to regulate signs in a manner so as to not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians in order to maintain safe roadway conditions for the general public; and WHEREAS, the City Commission finds that these sign regulations are intended to regulate signs in a manner to protect the public from the dangers of unsafe signs by requiring signs to be constructed, installed and maintained in a safe and satisfactory manner; and WHEREAS, the City Commission intends for these amendments to be interpreted and applied in a manner that is content neutral; and 100483112.1306-90018211 Page 663 of 896 36 WHEREAS, the City Commission of the City of Boynton Beach has determined that 37 it is in the best interest of the citizens and residents of the City of Boynton Beach, Florida to 38 approve the amendments to the Land Development Regulations as contained herein. 39 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 40 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 41 Section 1. The foregoing whereas clauses are true and correct and are now ratified 42 and confirmed by the City Commission. 43 Section 2. City of Boynton Beach Land Development Regulations, Chapter 4, 44 "Site Development Standards", Article IV, "Sign Standards", are hereby amended as follows: 45 Chapter 4. Site Development Standards 46 Article IV. Sign Standards 47 48 Sec. 1. General. 49 A. ,Short Title. This article shall hereafter be known and cited as the "City Sign Code." 50 B. Purpose and Intent. The purpose of this article is to set forth the regulations for the use 51 of signs within the city's jurisdictional limits for site identification, communication, and 52 advertisement. It is the intent of this article to promote the health, safety, convenience, 53 aesthetics, morality, and general welfare of the city by regulating signs in order to meet the 54 following objectives: 55 1. Identification. Promote and aid in the identification and location of an establishment, 56 organization, or neighborhood; 57 2. Aesthetics. Preserve the beauty and unique character of the city by protecting it from 58 visual blight and providing a pleasing environmental setting and community appearance, 59 which is deemed vital to the attraction and retention of business and commerce; 60 3. Land Values. Protect property values by assuring the compatibility of signage with 61 surrounding land uses; 62 4. Safety. Promote general safety and protect the general public from damage or injury 63 caused by, or partially attributed to, the distractions, hazards, and obstructions that result 64 from improperly designed, constructed, maintained, or located signs; 65 5. Compatibility. Ensure that signs are compatible with the surrounding built 66 environment, including adjacent architecture and neighborhoods, and they compliment each 67 other rather than detract from one another; and 68 6. Sustainability. To promote signage and support structures that employ sustainable 69 designs and technologies with respect to their constriction, maintenance, and operation (e.g. 70 recycled materials, energy efficient, low energy usage bulbs, etc.). 100483112.1306-90018211 2 Page 664 of 896 71 C. Administration. The Development Director of Planning and Z^nun or designee shall 72 have the authority to interpret and administer this article. 73 D. Applicability. The provisions of this article shall be considered the minimum 74 standards and are applicable to all new signs constricted or displayed after the date of 75 enactment of these Regulations or modification to signs which were permitted prior to the 76 date of adoption of these Regulations. During a declared emergency y the City Manager, 77 there may be temborary relief from the enforcement of this section. 78 E. Exemptions. The permitting requirements and/or standards of this article shall not 79 apply to the following signs however, such signs may be subject to other provisions of 80 these Land Development Regulations: 81 1. Address Sign. A non -illuminated sign, which indicates the address of the site, 82 provided it does not exceed two (2) square feet in area. The sign shall comply with the 83 standards of Section 4.A.9. below. 84 2. Residential Yard Sign. A non -illuminated sign with non-commercial copy located in 85 any zoning district, provided it does not exceed three (3) square feet in area. If proposed as a 86 freestanding structure, the sign shall not be greater than four (4) feet in height and must be 87 located within five (5) feet of a building on a lot; or if there is no building on the lot, the sign 88 must be located at least ten (10) feet from any property line. A Residential Yard Sign is 89 prohibited on undeveloped property and on forward of the front setback line. 90 3. Nameplate or Identification Plaque. A non -illuminated nameplate or identification 91 plaque provided it does not exceed two (2) square feet in area. The plaque shall comply with 92 the standards of Section 4.C.1�6. below-, except that those plaques used to identify historic 93 properties as part of the City's Historic Preservation Program and plaques to identify public 94 artworks and murals as part of the City's Public Art Program, are exempt from the standards 95 of this section. 96 4. Temporary Real Estate Sign. A non -illuminated temporary real estate sign provided 97 it is five (5) square feet or less in area. However, this sign shall comply with the standards 98 of Section 4.13.1. below, which regulates the minimum required setback, allowable location, 99 and maximum size and height. No temporary real estate sign is allowed within a public 100 right-of-way because it would be considered an off -premises sign and is therefore prohibited 101 pursuant to Section 3.K. below. 102 5. Temporary Political Sign. A non -illuminated temporary political sign provided it is 103 less than thirty- two (32) square feet in area. However, this sign shall comply with Section 104 4.13.5. below, which regulates the minimum required setback, allowable location, and 105 maximum size and height. No temporary political sign is allowed within a public right -of - 106 way because it would be considered an off -premise sign and is therefore prohibited pursuant 107 to Section 3.K. below. 108 6. Transit Shelter Sign. A sign located on a transit shelter provided it complies with 109 Section 4.D.2. below and the Building Official determines that compliance with the Florida 110 Building Code is not required. 111 7. Civic/Government General Informational Sign. A sign which is deemed necessary 112 by an appropriate city department or public agency and consisting of non-commercial copy, 113 intended for safety, welfare, or informational purposes. This sign typically includes 1) 114 information pertaining to current or future public improvements and events; 2) traffic, 100483112.1306-90018211 Page 665 of 896 115 railroad crossing, wayfinding, commemorative, and other governmental signage; 3) legal 116 notices, public hearings, and other temporary and non -emergency related signage; and 4) 117 signage identifying caution, danger, or emergency situations. 118 8. Municipal/Government Buildings & Facilities. Signs identifying temporary or fixed 119 city administrative offices, civic buildings, emergency and utility/suport facilities. 120 9. City Coordinated/Authorized Business Signage. This could include Industrial 121 Subdivision signage that is in collaboration with the City and that furthers city economic 122 development objectives or initiatives by promoting business retention and attraction. 123 Signage may be placed on city or public property subject to aplicable permitting 124 requirements and agreements. Also see Section 4.C.14 for Industrial Subdivision Signage. 125 10. Civil Event Signage — Signs identifying temporary events held by or sponsored by 126 the City or the Community Redevelopment Agency_ 127 8.11. Changing the Copy of a Manual Changeable Copy Sign. Manual changeable copy 128 signs may be allowed as an accessory component to a primary or secondary monument sign 129 pursuant to Section 4.C.2.h. below. The changeable copy portion of a monument sign is 130 exempt from the permitting requirements of this article, provided that such new copy 131 complies with the standards of this article. 132 12. Sign Walkers. A sign held, worn, or operated for the purposes of advertising or 133 otherwise drawing attention to an individual, business, commodity, service or product. A 134 sign walker may also be referred to as a human sign. A permit is not required. 135 Note: In the event any word, sentence, clause, or other portion of this section is 136 determined invalid, then any sign otherwise allowed by this section shall comply with the 137 requirements set forth in this code as if this section was never enacted. 138 F. Terms and Definitions. See Chapter 1, Article II for all applicable terms and 139 definitions which pertain to the regulations and standards contained herein. 140 G. Conflict. Whenever the regulations and requirements of this code conflict with any 141 other lawfully enacted and adopted riles, regulations, ordinances, or laws, the most 142 restrictive shall apply, unless otherwise stated herein. 143 H. Severability. Except as for otherwise provided in Section 1.G., Section 3, and Section 144 4, should any section, subsection, paragraph, sentence, clause, phrase, or other part of this 145 article be declared by a court of competent jurisdiction to be invalid, such decision shall not 146 affect the validity of this article as a whole or any article, section, subsection, paragraph, 147 sentence, clause, phrase, or word thereof, other than that so declared to be invalid. 148 L Relieffrom ,Standards. Unless described otherwise in this Article, any deviation from 149 the sign standards contained herein shall require approval of a variance application, which is 150 subject to review and approval by the City Commission. Any request for a variance shall be 151 reviewed in accordance with Chapter 2, Article 11, Section 4.D. No variance may be granted 152 for any sign expressly prohibited by this article. The City Commission; however, may grant 153 a variance if it finds that the unusual shape or topography of the property or other mitigating 154 factors (e.g., required landscape buffers), prevent signage allowable under the provisions of 155 these Regulations from adequately identifying the business or other activity located on such 156 property. The City Commission may only grant a variance to the following: 157 1. Required Setback. Allow a setback less than that required under the chapter; 100483112.1306-90018211 Page 666 of 896 158 2. Sign Area or Height. Allow the area and/or height of a sign to be increased by tip to 159 twenty-five percent (25%) of the maximum allowable height or area; or 160 3. Number of Signs. Allow the number of signs to be increased over the maximum 161 allowed by this code. 162_n Standard Jnr Oi)erla tones. .see Ch iter ::3. Zonino Article 111 ,section <5' car ........ 163 additional s tandar d„ all licahle to hrrsine s si< nab within the Over Ly Lone, K�Z th 164 r� de�Jel �l ment area. landau cls rra�l�letnew r ecommem atronS �t ''he �'onitn' it 165 Redevelol tL�r at /)Ian and when in conflict with any standards in this Articleytl�e overlar� 166 nrevail. 167 Sec. 2. City Approval Required. 168 No signs, including support structures shall be erected, altered, displayed, or modified on 169 private property, public lands, or within city rights-of-way without first securing the 170 necessary city approvals and permits as provided hereunder, except in instances when 171 exempt from these Regulations pursuant to Section I .E. above. The following processes and 172 permits are intended to ensure that all signage complies with the standards of this article: 173 A. ,Site Plan Review. Except for individually platted lots containing single-family and 174 duplex homes located within single-family and two-family residential zoning districts, the 175 site plan review process shall be required and reviewed in accordance with the procedures 176 set forth in Chapter 2, Article II, Section 2.17. prior to the issuance of any sign permit to erect 177 a new sign to be used for the first time. For the purposes of this subsection, the term "site 178 plan" is construed to include master site plan and technical site plan applications. 179 B. Sign Permit. The sign permit process shall be required, and initiated only subsequent 180 to the approval of a site plan application, except in those instances when site plan review is 181 not required. The sign permit application shall be processed in accordance with the 182 procedures set forth in Chapter 2, Article II, Section S.A., unless the Building Official 183 determines that compliance with the Florida Building Code is necessary. In these instances, 184 the sign permit shall be processed in accordance with the procedures set forth in Chapter 2, 185 Article IV, Section 3. Any sign, including the support structure, which is erected, altered, 186 displayed, or changed without a sign permit is considered an illegal sign, and shall be subject 187 to the penalties set forth herein. Any sign proposed within a city right-of-way shall require 188 approval from the Engineering Division. The issuance of a sign permit shall not relieve any 189 party from obtaining the necessary permits which may be required by the various federal, 190 state, or local government agencies. 191 Sec. 3. Prohibited Signs. 192 The following signs and related equipment are prohibited in all zoning districts, unless 193 otherwise stated herein: 194 A. Noise Sign. Any sign that produces noise or sounds capable of being heard (excluding 195 voice units at drive-through facilities) and those which emit visible smoke, vapor, particles, 196 or odor. 197 B. Animated or Fluttering Sign. Any sign with visible moving, revolving, flashing, or 198 rotating parts or visible movement of any kind. 199 C. Motion Picture or Video Sign. Any sign with motion picture or video mechanisms 200 used in such a manner as to permit or allow images. This section does not U121v to motion 100483112.1306-90018211 Page 667 of 896 201 pictures or video mechanisms that are part of a public artwork as aproved by the Art 202 Advisory Board. 203 D. We stg �eWeFs �A'44 204 205 206 , 207 208 209 210 211 . 212 L -D. Mobile ,Sign. Any sign not permanently attached to a wall, ground, or any other 213 approved supporting structure, or a sign designed to be transported, such as signs transported 214 by wheels, mobile billboards, "A -frame" or sandwich type, sidewalk or curb signs, and 215 unanchored signs, except where otherwise stated in this article. 216 EE. RoofSign. Any sign erected, placed, or affixed 1) to the slope of a hip or gable roof, 217 2) above the roofline or parapet wall; or 3) on rooftop structures, including but not limited to 218 mechanical enclosures, mechanical equipment, or chimneys. All signs shall be located a 219 minimum of six (6) inches below the top of the mansard or parapet wall, where applicable. 220 GF. Snipe Sign. Any sign that is tacked, nailed, posted, pasted, glued, or otherwise 221 attached to trees, poles, stakes, fences, trailers, or other supporting structures, except where 222 otherwise stated for in this article. 223 14G. Painted Wall Sign. Any sign painted on or attached to a wall, excluding murals, which 224 are reviewed and approved by the 225 mon Art Advisory Board. A mural is not a painted wall sign, if determined to be a 226 work of art by the Art Advisory Board. 227 TI. Unauthorized Sign. Any sign that has not been properly permitted by the city but 228 located on property owned by or under control of the city. 229 R. Non -Geometric Sign. Any sign structure, shaped to depict figures or demonstrative 230 shapes used to attract attention to the business activity with which the sign is associated, 231 excluding an under canopy or blade sign regulated in accordance with Section 4.C. below. 232 J. Of Sign. Any temporary or permanent off -premises sign, including 233 billboards but excluding those types of signs which may be allowed in limited instances in 1234 accordance with this article, including irectio>nal sig p„4gg;e,gE Industrial Subdivision Signe 235 (See Section 4.C. Permanent SiunaLe.) 236 EK. Other. 237 1. Signs attached to or painted on fire escapes, television antennas, satellite dishes, 238 utility poles, or any other associated structure. 239 2. Signs or sign structures supported by visible guy wires, cables or where there is 240 visible electrical conduit. 241 3. Any balloons, pennants, streamers, objects or figures of any shqpe or the like shall be 242 prohibited if used as a permanent display or temporary sign or as a means of directing 243 attention to any establishment or organization, or to a commodity or service sold, offered, or 100483112.1306-90018211 Page 668 of 896 244 manufactured. The elements described in this section do not contribute to the function or 245 aesthetics of the site, excluding site features approved through the site plan reviewrop cess, 246 and/or approved by the Arts Advisory Board. 247 4. Any stationary or revolving light (beacon) which flashes or projects illumination, 248 single -color or multi -colored, in any manner which is intended to attract or divert 249 attention. This does not include any lighting required by the Federal Aviation 250 Administration (FAA) or similar agencies. 251 5. Any sign which advertises a home-based business (home occupation), excluding 252 those allowed in conjunction with a live/work unit and the corresponding regulations. 253 6. Any illuminated sign designed with bare bulbs, exposed neon tubing, or similar 254 technology, which is not shielded and therefore leaving it exposed and directly visible, 255 except for when used as a window sign and regulated in accordance with Section 5.C.6. 256 below. Neon gibing, bare bulbs, miniature lighting, and similar technologies shall not be 257 used to illuminate or outline building fagades, storefronts, door openings, window, or 258 window displays pursuant to Chapter 4, Article VII, Section S.E. 259 7. Any pylon sign as defined in Chapter 1, Article II. 260 8. Any sign and/or sign structure which does not meet all the criteria set forth in this 261 article. 262 Note: In the event any word, sentence, clause, or other portion of this section is 263 determined invalid, then any sign otherwise prohibited by this section shall comply with the 264 requirements set forth in this code as if this section was never enacted. 265 Sec. 4. Standards. 266 A. General. The following general standards shall apply to all signs city-wide 267 1. Sign Content. 268 a. Obscene. It shall be unlawful for any person to display upon any sign or other 269 advertising structure any obscene or indecent matter. No sign shall display any statement, 270 word, character, or illustration of an obscene nature, as defined by F.S. Chapter 847, as may 271 be amended from time to time. 272 b. Misleading. It shall be unlawful for a person to display false or misleading 273 statements upon signs, intended to mislead the public as to anything sold, any services to be 274 performed or information disseminated. The fact that any sign or display shall contain 275 words or language sufficient to mislead a reasonable and prudent person in reading same, 276 shall be prima facie evidence of a violation of this section by the person displaying the sign 277 or permitting same to be displayed. 278 c. Non-commercial Copy. Any sign authorized in this article may contain non - 279 commercial copy in lieu of any other copy. However, in non-residential zoning districts, the 280 area of a sign containing non-commercial copy shall be construed to count towards the total 281 signage area allowed for the sign type that it most closely resembles. Any sign allowed 282 under this article may contain, in lieu of any other message or copy, any lawful non - 283 commercial message that does not direct attention to a business operated for profit, or to a 284 product, commodity or service for sale or lease, or to any other commercial interest or 285 activity, so long as said sign complies with the size, height, area and other requirements of 286 this article. Page 669 of 896 287 2. Computation of Sign Area. The sign area shall be expressed in square feet for each 288 sign face. The area of each sign shall be computed as follows: 289 a. Designed as a Freestanding Sign. The total square footage of a sign face is 290 calculated by multiplying the height by the width of a regular rectangular area which 291 encompasses the entire sign face area exclusive of structural supports. When designed as 292 double-faced or multi -faced freestanding sign, the area for a sign with more than one (1) face 293 shall be computed by adding together the area of all sign faces visible from any one (1) 294 point. For multi -faced signs, the area shall be computed by the measurement of one (1) of 295 the faces when: 296 (1) Two (2) identical faces are placed back-to-back so that both faces cannot be 297 viewed from any point at the same time; and 298 (2) Such sign faces are part of the same sign structure and there is no more than a 299 forty-five (45) -degree angle between the faces. 300 b. Affixed to a Building Fagade, Fence, or Wall. The area of a sign face shall be 301 computed by means of the smallest square, circle, rectangle, triangle, or combination thereof 302 that will encompass the extreme limits of the writing, representation, emblem, or other 303 display, together with any material or color forming an integral part of the background of the 304 display or used to differentiate the sign from the backdrop or structure against which it is 305 placed, but not including any supporting framework, bracing, or decorative fence or wall 306 when such fence or wall otherwise meets zoning ordinance regulations and is clearly 307 incidental to the display itself. The background area of a wall or fagade on which a sign is 308 affixed shall be excluded from the computation of sign area unless the color(s) and/or 309 material(s) of the wall or fagade is such that it visually appears or contributes to the effect of 310 a sign or that it explicitly distinguishes itself as different or unique from the greater and 311 remaining portion of the building fagade, fence, or wall. 312 (1) Individual Letters. If a sign consists of individual letters, each attached directly 313 to a building or structure without a change in background color, the area of the sign shall be 314 measured by the area of the smallest rectangle or series of contiguous rectangles that enclose 315 all letters or non -word depictions. In addition, the horizontal separation of words shall not 316 exceed twice the maximum letter height. The maximum vertical separation of words shall 317 not exceed sixty percent (60%) of the maximum letter height. 318 (2) Panel or Cabinet Style. If a sign is designed as a panel or cabinet style sign, the 319 total area, including background is included. 320 3. Cross Visibility and Safe -Sight. 321 a. Purpose and Intent. The purpose of this subsection is to promote safety in the 322 placement of freestanding signs (as defined in Chapter 1, Article 11) and those signs posted 323 to freestanding structures where in close proximity to rights-of-way, off-street parking areas, 324 and other vehicular use areas. The intent is to ensure safe and unobstructed views for both 325 pedestrians and motorists. 326 b. Standards. The "safe -sight triangle" is the triangular-shaped area described by 327 the Engineering Design Handbook and Construction Standards (EDHCS). All freestanding 328 signs shall comply with the following cross visibility and safe -sight standards: 329 (1) Visibility at Driveway Openings onto Rights -of -Way or between 330 Properties. Unobstructed cross visibility shall be maintained in the safe -sight triangle where 100483112.1306-90018211 Page 670 of 896 331 parking lot driveway openings and access points occur along rights-of-way or between 332 individual properties. All freestanding signs may be allowed within the safe -sight triangle 333 provided that unobstructed cross -visibility is maintained thirty (30) inches above the 334 pavement, measured from the abutting right-of-way or cross -access drive, whichever is 335 applicable. 336 (2) Visibility at Corners of Rights -of -Way. Freestanding signs shall not obstruct 337 cross visibility within twenty-five (25) feet of the intersection of two (2) right-of-way lines 338 pursuant to Chapter 4, Article VIII, Section 3.C.4.u. 339 (3) Visibility along State Roads. The placement of a sign shall not cause any traffic 340 line -of -sight obstruction and must comply with the visibility requirements of Florida 341 Department of Transportation (FDOT) Standard Index No. 546 or the latest supplement 342 thereof. 343 4. Traffic Hazards. No sign or structure authorized by this article shall be designed 344 and/or erected in such a manner to obstruct free and clear vision; to be confused with any 345 authorized traffic sign, signal, or device; or to otherwise confuse motorists or pedestrians by 346 reason of its position, shape, color, or content. For example, signs which may be confused 347 with authorized traffic signs, signals, or devices may include but are not limited to those 348 which makes use of the words "stop", "look", "danger", or any other word, phrase, symbol, 349 or character that interferes with, misleads, or confuses motorists. Furthermore, no sign shall 350 be erected, constricted, or maintained so as to obstruct any fire fighting equipment or 351 infrastructure, unless otherwise approved by the Fire Maf:shal Chief. 52 5 Setbacks (�linim�.�m .. 1�.7nless stated �>�t��erwise in this �r�ticle. si ins shall be setback at. 53 1 t t ;l (l 0) feet fr�>m all pert ly u es. measaured fr�>m tl�erwerty line to the closest 54 s�u� f c ...of tl� :...su n F lee minianun-ti setba� l� ma be reda;uced to five 5 feet b the 55 1 evel�>,hmeui...t ir.e t;�>u ou ;es,u„ nee. if determiuued that, the red�..cti�>uu is '�.stilued f�>r ��. r pose �>f 56 vusubuluor other articles in the .I[...,and. 57 1 ..e hment:.l e.In.flations that. ma relateto stian desi ni S,eci�fucall . 58 e loc4tuou o F tlie sugp sly >auld n > lie within he clean sate l;u ale of drivew sand roadw 59 unteyse�„tuoublock,._views lo tra l uc control s,ugn ge,» Daus,,,,,,stol�s,,,,uesau.lt,_un the_elumunation of 60 hlogect...ndshul„ �>r amenities or conflict with the intended streetsca)e end�edestrin 61 environment... 362 .r�rEi. Wind Load. All signs and other advertising structures shall be designed and 363 constricted to withstand weather conditions, wind and dead loads as required by the Florida 364 Building Code or other ordinances of the city. 1365 67. Unlawful or Unsafe Signs. If it is determined that any sign, or structure supporting 366 a sign, regulated herein is unsafe or is a menace to the public, or has been constricted or 367 erected or is being maintained in violation of the provisions of these Regulations, the city 368 shall give written notice to the owner thereof. If the owner fails to remove or alter the sign 369 or structure so as to comply with the standards set forth herein within the time prescribed in 370 the notice, such sign or structure may be removed or altered to comply by the city at the 371 expense of the permittee or owner of the property upon which the sign or structure 372 supporting the sign is located. The city may cause any sign or structure supporting a sign 373 which presents a direct and immediate peril to persons or property to be removed without 374 notice to the property owner. 100483112.1306-90018211 Page 671 of 896 1375 '7-, .. Maintenance. The owner of any sign and structure supporting a sign, as defined and 376 regulated by this article shall be required to properly maintain such sign and structure. For a 377 sign to be properly maintained, the sign, together with its framework, braces, angles, or other 378 supports shall be in a safe condition, properly secured, supported and braced. 1379 .. Overhead Clearance. A sign projecting over a pedestrian walkway shall maintain a 380 minimum overhead clearance of nine (9) feet in height. A sign projecting over a vehicular 381 use area shall maintain a minimum overhead clearance of fourteen (14) feet — six (6) inches 382 in height. 1383 410'. Property Address. All properties shall be identified with the respective property 384 address pursuant to City Code of Ordinances Part II, Chapter 10, Article IV (Property 385 Maintenance Requirements). In addition, the following sign standards shall apply: 386 a. Size. The numbers and/or letters associated with each address shall consist of 387 characters which are four (4) inches for residential properties and six (6) inches for multi - 388 family or non- residential properties. 389 b. Computation of Sign Area. Numbers and/or letters, which are associated with the 390 address of the property, shall not count towards the total signage area of the sign. An 391 address sign, designed in accordance with paragraph "a" above and Section 1.E.1. above, 392 shall be exempt from the permitting requirements of this article. However, any sign that 393 contains the property address and is larger than two (2) square feet in area shall require a 394 sign permit. This sign shall be regulated by the standards for the type of sign with which it 395 most closely resembles. 396 c. Location of Address on Monument Signs. The property address shall be included 397 on each monument sign. The location of the address shall be1p aced eek at the top of 398 the sign and visible from abutting rights-of-way. 399 10 Illuminated Signs. 400 a. National Electric Code. All illuminated signs shall be subject to the provisions of 401 the National Electric Code. Signs that are illuminated from an exterior source shall be 402 designed and/or shielded in such a manner so that no direct source of light is visible from 403 off-site. 404 b. Prohibition in Residential Zoning Districts. All internally -illuminated signs are 405 prohibited in residential zoning districts except for an internally -illuminated sign that abuts 406 a collector or arterial roadway.Signs may be uplit from dusk until dawn but in no case shall 407 the uplighting spill over or glare onto adjacent properties. The uplighting shall not be 408 excessive to the extent that it would be incompatible with the existing lighting levels within 409 the surrounding homes and neighborhoods. 410 c. Illumination Level. Illuminated signs, support structures, and external lighting �411 sources shall not create conditions of glare_.L)ar[ig.flarly visNe from residential land rases or 412�assin and must be designed to further the objectives of this article as they 413 relate to safety, function, energy usage, and aesthetic value. In multiple -tenant 414 developments, the illumination level of each sign must be consistent with each other (and 415 abutting properties) and no one (1) sign shall be conspicuously brighter than the other so as 416 to draw more attention to it. The illumination levels of signs within single -tenant 417 developments shall be compatible with the lighting levels of signage on abutting properties. 100483112.1306-90018211 10 Page 672 of 896 418 d. Neon Tubing, Bare Bulbs, and Miniature Lighting. Neon, bulbs, miniature 419 lighting, CRT, LED, LCD, and similar technologies may be utilized as a component of any 420 internally -illuminated sign permitted in this article. However, the light source of all such 421 signs, excluding window signs, must be completely shielded. See Section 5.C.3. below for 422 additional community design standards regarding internally -illuminated window signs. 1423 l...2. Crime Prevention Through Environmental Design (CPTED). See Chapter 4, 424 Article III, Section 12.13. for additional regulations regarding signs and CPTED guidelines. 425 Note: In the event any word, sentence, clause, or other portion of this section is 426 determined invalid, then any sign otherwise allowed by this section shall comply with the 427 requirements set forth in this code as if this section was never enacted. 428 B. Temporary ,Signs. It shall be unlawful to affix, erect, locate, or maintain any 429 temporary sign off -premises unless otherwise authorized under this subsection. Temporary 430 signs shall be allowed in accordance with the following provisions: 431 1. Real Estate Sign. A temporary real estate sign is allowed on private property for the 432 purpose of advertising the sale or lease of such property. The sign(s) shall comply with the 433 following standards: 434 435 436 437 438 439 440 441 442 443 444 445 a. Maximum Number, Size and Height (Table 4-11). Project Size Sign Area (Aggregate) — Sign Height — Number of Signs — Maximuml Maximum Maximum Single-family and multi -family (less 5 s.f. 6 feet 1 per street frontage than 10 dwelling units) Multi -family (10 dwelling units or 16 s.f. 6 feet 1 per street frontage more) All non-residential developments2 16 s.f. 6 feet 1 per street frontage Based upon the aggregate signage area of all temporary real estate signs located within a particular lot or development. 2 For the purpose of this subsection, non-residential districts include commercial, industrial, mixed-use, and miscellaneous zoning districts. b. Setbacks. A teffi ef: f:eal estate s g- that is ii ,,.,,.ess e f five (5) ,,,,,,,,r„ Beet ii area Shall be Setb ek ., „,;,,;,,,,,,,, Of to„ (1 0) feet f )t all pr -.,petty lines See Section 4 A .. c. Exemptions. A temporary real estate sign that is five (5) square feet or less in area is exempt from the permitting requirements of this article pursuant to Section 1.E.4. above. d. Duration. A temporary real estate sign permit shall be valid for one hundred eighty (180) days. 446 e. Prohibited in Required Landscape Strip. A temporary real estate sign is not 447 allowed within the required landscape strip that abuts a right-of-way. See Chapter 4, Article 448 II, Section 4 for additional standards regarding landscape strips abutting rights-of-way. 449 2. Project Development Sign. 450 a. General. A temporary project development sign or banner is allowed on properties 451 located within planned and multi -family residential zoning districts, and for all non - 100483112.1306 -90018211 11 Page 673 of 896 452 residential developments, for the purpose of describing the anticipated development during 453 the constriction process. This signage typically identifies the proposed name of the 454 development and basic information, such as its pricing, square footage, projected completion 455 date, identification of major tenants, and the like. It may also consist of graphics, such as 456 illustrations of the subject development. 457 b. Maximum Number, Size and Height (Table 4-12). A project development sign or 458 banner is allowed as a freestanding structure or it may be affixed to a temporary constriction 459 trailer. The following standards shall apply: Project Size Sign Area (Aggregate) — Sign Height — Number of Signs — Maximum Maximum Maximum Less than 10 125 s.f. 15 feet 12 acres Greater than 10 250 s.f. 15 feet 23 acres 460 461 ` If affixed to the side of the temporary constriction trailer, the sign or banner shall not be 462 greater than fifteen (15) feet in height or exceed the height of the trailer, whichever is less. 463 2 A second sign or banner may be allowed if warranted by unique circumstances, such as 464 the number of street frontages or access driveways; however, the aggregate signage area 465 shall not exceed one hundred twenty-five (125) square feet within a particular development. 466 3 Additional signs or banners may be allowed if warranted by unique circumstances, such 467 as the number of street frontages or access driveways, provided the aggregate signage area 468 between all signs and banners do not exceed two hundred fifty (250) square feet within a 469 particular development. 470 c. Duration. The temporary project development sign permit shall be valid for one 471 hundred eighty (180) days. No permit shall be issued until a site plan has been approved for 472 the development. For the purpose of this subsection, the term "site plan" is construed to 473 include master site plan and technical site plan applications. The sign or banner is subject to 474 removal if constriction has not commenced or is substantially abandoned, as evidenced by a 475 lack of inspections and/or other pertinent conditions. The sign or banner shall be removed 476 prior to final building inspection. 477 3. Constriction Sign. 478 a. General. A temporary constriction sign or banner is allowed on all properties 479 during the constriction period for the purpose of advertising the active participants and 480 stakeholders of a project. This signage typically identifies the names and phone numbers of 481 associated developers, planners, architects, engineers, contractors, subcontractors, financiers, 482 and the like. 483 b. Standards. At constriction sites, a temporary constriction sign or banner is 484 allowed to be installed in accordance with the following methods: 1) on the temporary 485 security and safety fencing or other types of barriers that are required and approved by the 486 Building Official; 2) as a freestanding structure; or 3) affixed to a temporary constriction 487 trailer. The sign or banner shall not exceed thirty-two (32) square feet in area or be greater 488 than six (6) feet in height. However, if affixed to the side of a constriction trailer, the height 100483112.1306-90018211 12 Page 674 of 896 489 of the sign or banner shall not be greater than fifteen (15) feet or exceed the height of such 490 constriction trailer, whichever is less. 491 c. Duration. The temporary constriction sign permit shall be valid for one hundred 492 eighty (180) days. No permit shall be issued until an application is submitted for a 493 constriction -related permit. The sign or banner is subject to removal if constriction has not 494 commenced or is substantially abandoned, as evidenced by a lack of inspections and/or other 495 pertinent conditions. The sign or banner shall be removed prior to final building inspection. 496 d. Temporary Security Fencing. Temporary security fencing around constriction 497 sites may contain screening material enhanced with lifestyle graphics, images, pietOfals 498 pictorials, wraps, photographs, or a combination thereof. However, the screening materials 499 shall not conflict with the original intent for such fencing, mesh, or related materials, which 500 is to offer protection from dust, debris, and other airborne particulate matter (pursuant 501 to Chapter 3, Article V, Section 2.17.). See Section 5.C.1. below for additional community 502 design standards regarding lifestyle graphics on temporary fencing and barriers around 503 constriction sites. 504 4. Banners. 505 a. New Development 506 (1) A temporary banner, not to exceed twenty (20) square feet, is allowed for a 507 maximum of one (1) year for a new multi -family residential development or non-residential 508 use. The permit to allow for such banner shall only be issued once a certificate of occupancy 509 has been approved for the project. 510 (2) For multi -family residential developments and projects located in mixed use 511 zoning districts, an additional banner of equal size and shape may be allowed, provided that 512 both are placed at the main point of vehicular ingress/egress. This placement and symmetry 513 may be repeated at one (1) project entrance per frontage with a maximum number of two (2) 514 banners per entrance and maximum height of fifteen (15) feet. 515 b. Existing Development. A temporary banner, not to exceed twenty (20) square feet, 516 is allowed for existing multi -family developments and non-residential uses. This banner is 517 allowed for a maximum of ninety (90) days within a one (1) -year period. 518 c. Landscaping. Banners, if placed within the landscape strips abutting rights-of-way 519 or perimeter landscape buffers, shall not be attached to any trees or shrubs. In these 520 instances, banners shall be placed behind the shrub line and their location must comply with 521 the cross visibility and safe sight standards of Section 4.A.3. above. 522 d. Miscellaneous. All banners, regardless of location, shall be removed within twelve 523 (12) hours upon the posting of a tropical storm or hurricane watch. Banners may be used in 524 the following types of temporary signage: 1) project development signs; 2) constriction 525 sign; 3) special temporary sales event; 4) seasonal sales event sign; and 5) Special Event 526 sign. The provisions of this subsection do not apply to the aforementioned type of 527 temporary signs. See the appropriate subsections of Code and their respective regulations 528 for each type of aforementioned sign. 529 5. Political Sign. With consent of the property owner, a temporary political sign is 530 allowed on private property during the period preceding any local, state, or national 531 election. No political sign is allowed within rights-of-way or on city -owned property. In 532 addition, political signs shall meet the following standards: 13 Page 675 of 896 533 534 a. Maximum Number, Size and Height (Table 4-13). 535 Project Size Sign Area (per Sign Area Sign Height — Number of sign) — (Aggregate) — Maximum' Maximum Signs — Maximum Maximum' Single-family and multi- 5 s.f. 20 s.f. 4 feet Multiple family (less than 10 dwelling units) Multi -family (10 5 s.f. 32 s.f. 4 feet Multiple dwelling units or more) Non-residential 5 s.f. 32 s.f. 4 feet Multiple developments (less than 5 acre S)3 Non-residential 32 s.f. 75 s.f. 6 feet Multiple developments (5 acres or more)3 536 537 ` Based upon the aggregate signage area of all temporary political signs located within a 538 particular development. 539 2 A development is allowed to have multiple signs. However, the total aggregate signage 540 area shall not exceed the maximum allowed within that particular development. 541 3 For the purpose of this subsection, non-residential districts include commercial, industrial, 542 mixed use, and miscellaneous zoning districts. 543 b. Setbacks. A temporary political sign that is in excess of five (5) square feet shall 544 be setback a minimum of ten (10) feet from all property lines. 545 c. Exemptions. A temporary political sign that is thirty-two (32) square feet or less is 546 exempt from the permitting requirements of this article pursuant to Section 1.E.5. above. 547 6. Special Sales Event Sign. 548 a. General. Pursuant to the supplemental zoning regulations (Chapter 3, Article V, 549 Section 6), it shall be unlawful for any establishment to display retail merchandise outside a 550 principal building without first having secured a permit for a special temporary sales 551 event. The purpose and intent of these Regulations is to establish minimum requirements for 552 signage related to a special temporary sales event. 553 b. Sign Permit Required. See Chapter 2, Article 11, Section 5.E. for additional 554 regulations regarding the process for obtaining a sign permit from the Planning and Zoning 555 Division. 556 c. Size. The size of a sign or banner associated with a special temporary sales event, 557 and in direct view from any public right-of-way, shall not exceed twenty (20) square feet. 100483112.1306-90018211 14 Page 676 of 896 558 d. Location. The sign or banner shall not be located within 1) the building setback; 2) 559 landscape strip abutting rights-of-way; 3) perimeter landscape buffer; or 4) located off - 560 premises within a right-of-way. In all instances, the location of the sign or banner shall 561 comply with the cross visibility and safe -sight standards of Section 4.A.3. above. 562 e. Duration. The special temporary sales event sign shall be valid for the duration of 563 the special temporary sales event. 564 f. Miscellaneous. 565 (1) All signs and banners shall be removed within twelve (12) hours upon the 566 posting of a tropical storm or hurricane watch. 567 (2) Any property owner desiring to obtain a sign permit in order to sell Christmas 568 trees, pumpkins, or fireworks as an accessory use would need to obtain a seasonal sales 569 event permit, which is regulated separately in accordance with Section 4.13.7. below. 570 7. Seasonal Sales Event Sign. 571 a. General. Pursuant to the supplemental zoning regulations (Chapter 3, Article V, 572 Section 7), it shall be unlawful for any establishment or organization to display Christmas 573 trees, pumpkins, or fireworks outside a principal building without first having secured a 574 permit for a seasonal sales event. The purpose and intent of these Regulations is to establish 575 minimum requirements for signage related to a seasonal sales event. 576 b. Sign Permit Required. See Chapter 2, Article 11, Section 5.A. for additional 577 regulations regarding the process for obtaining a sign permit from the Planning and Zoning 578 Division. 579 c. Size. The size of a sign or banner associated with a seasonal sales event shall not 580 exceed twenty (20) square feet. The size restriction is not aplicable to signage that is a 581 permanent part of temporarily pproved structures, including but not limited to, tents or 582 vehicles that are associated with the event. or banners not visible from anv Dublic riLht-of- 583 way. 584 d. Location. The sign or banner shall not be located within 1) the building setback; 2) 585 landscape strip abutting rights-of-way; 3) perimeter landscape buffer; or 4) located off - 586 premises within a right-of-way. In all instances, the location of the sign or banner shall 587 comply with the cross visibility and safe -sight standards of Section 4.A.3. above. 588 e. Duration. The seasonal sale event sign shall be valid for the duration of the 589 seasonal sales event sign. 590 f. Miscellaneous. 591 (1) All signs and banners shall be removed within twelve (12) hours upon the 592 posting of a tropical storm or hurricane watch. 593 (2) Any property owner desiring to obtain a sign permit in order to sell Christmas 594 trees, pumpkins, or fireworks as an accessory use would need to obtain a seasonal sales 595 event permit, which is regulated separately in accordance with Section 4.13.7. below. 596 7. Seasonal Sales Event Sign 100483112.1306-90018211 15 Page 677 of 896 597 a. General. Pursuant to the supplemental zoning regulations (Chapter 3, Article V, 598 Section 7), it shall be unlawful for any establishment or organization to display Christmas 599 trees, pumpkins, or fireworks outside a principal building without first having secured a 600 permit for a seasonal sales event. The purpose and intent of these Regulations is to establish 601 minimum requirements for signage related to a seasonal sales event. 602 b. Sign Permit Required. See Chapter 2, Article 11, Section S.A. for additional 603 regulations regarding the process for obtaining a sign permit from the Planning and Zoning 604 Division. 605 c. Size. The size of a sign or banner associated with a seasonal sales event shall not 606 exceed twenty (20) square feet. 607 d. Location. The sign or banner shall not be located within 1) the building setback; 2) 608 landscape strip abutting rights-of-way; 3) perimeter landscape buffer; or 4) located off - 609 premises within a right-of-way. In all instances, the location of the sign or banner shall 610 comply with the cross visibility and safe -sight standards of Section 4.A.3. above. 611 e. Duration. The seasonal sale event sign shall be valid for the duration of the 612 seasonal sales event sign. 613 f. Miscellaneous. All signs and banners shall be removed within twelve (12) hours up 614 on the posting of a tropical storm or hurricane watch. 615 8. Vehicle Display Sign. Motor vehicles displaying business names, addresses, 616 telephone numbers, email address, website information, contractor certification numbers, 617 logos or similar information, or which contain signage of any kind on vehicle surfaces shall 618 not be parked or stored in the row of parking stalls or in any area within twenty-five (25) feet 619 of the front property line for longer than four (4) hours within a twenty-four (24) -hour 620 period. However, this type of advertising on vehicles shall not apply under the following 621 circumstances: 622 a. Vehicles, in the process of making a temporary delivery to a residence, 623 establishment, or organization (i.e. U.S. Postal Service, UPS, Federal Express, DHL, 624 Airborne, etc.); 625 b. Vehicles used in conjunction with a special promotion and possessing a valid 626 permit; 627 c. Vehicles containing advertising signs which are less than eight (8) square feet in 628 area and letters that are less than eight (8) inches in height; 629 d. Vehicles used for public transportation; and 630 e. Vehicles parked on private properties located in industrial zoning districts, unless 631 parked or stored in off-street parking areas that abut an arterial or collector roadway. 632 9. Special Event Sign. Any sign or banner proposed in conjunction with a Special 633 Event is regulated separately and shall comply with City Code of Ordinances Part II, 634 Chapter 13, Article I, Section 13-20. 635 10. Feather Banners. 636 a. Terms and definitions. 100483112.1306-90018211 16 Page 678 of 896 637 A feather banner is a style of temporary lightweight sign comprised of partial metal 638 or plastic frame, pole, and/or base to which a vinyl, nylon, canvas or polyester fabric sign 639 face is attached. Depending on the shape and type of movement, such signs may also be 640 called a "flutter," "tear drop," "flying," "wing," "bow," "blade," "rectangular" banner, etc. 641 Height/size standards - A maximum height of ten (10) feet six (6) inches overall 642 measurement including support portion of sign, and a maximum width of thirty (30) inches. 643 b. Materials. The sign face shall be nylon, polyester vinyl or canvas and neither the 644 sign face nor the sign frame shall contain glitter, florescent, metallic, or reflective materials. 645 c. Number of banners. 646 (1) Along business or shopping center frontage: one (1) feather banner per business 647 (as evidenced by business tax receipt) per three hundred (300) feet (or less) of linear street 648 frontage. A minimum of one (1) banner shall be allowed along the frontage if linear frontage 649 is less than three hundred (300) feet. Where more than one frontage exists, the linear 650 dimension shall be cumulative, and the permitted banner may be placed along either 651 frontage. 652 (2) Banners placed on or within five (5) feet from the building facade or supporting 653 components: one (1) feather banner per business (as evidenced by business tax receipt). 654 (3) Only one (1) banner (i.e., feather or fixed banner as provided for in Section 655 3.13.4.) shall be permitted and displayed per business at any one (1) time. 656 d. Location. Feather banners shall not be placed within the sight triangle of driveways 657 or intersections, shall not be attached to landscaping materials, and must be placed behind 658 the shrub row of the landscape buffer. The minimum setback shall be ten (10) feet from the 659 property line, except that the setback may be less than ten (10) feet if still placed, as 660 described herein, within an existing landscape buffer with a continuous hedge row. Banners 661 shall not be placed on public sidewalks, and they shall not be placed in, or otherwise block 662 parking spaces or drive aisles. Banner placement may not interfere with pedestrian 663 movement. 664 e. Duration. The maximum display period shall be ninety (90) days per twelve (12)- 665 month period, except that feather banner permits may be issued for one (1) additional 666 display period contingent upon there being available space based on the maximum number 667 of banners allowed per property as described above. In order to ensure priority treatment of 668 first-time applicants, a permit for an additional ninety (90) -day display period may be 669 requested after seven (7) working days following permit expiration, if there remains capacity 670 on the property for the additional banner. If desired by a first-time applicant for a feather 671 banner, applications shall be held by the city in queue for the next available display period 672 based on the expiration dates of existing permits. Complete, first-time applications will be 673 processed and held on a first-come, first-served basis. The duration period shall run for 674 consecutive days. 675 f. Application. An application shall be required for each banner, shall include a 676 scaled plan or drawing that identifies the location of and setback for the proposed banner, 677 and indicates the length of the property frontage if banner is to be placed greater than five 678 (5) feet from the building where the subject business is located. The application shall be 679 signed by the business owner and the property owner. 100483112.1306-90018211 17 Page 679 of 896 680 g. Fee requirements. Permit applications shall be processed following the same 681 process used for processing other zoning permits, with a fee based on reviewer wage and 682 review time. The minimum fee for each application shall be fifty dollars ($50.00). 683 h. Deposit. One hundred dollars ($100.00), refundable on or before the expiration of 684 the ninety (90) day permit, provided the applicant surrenders the original permit. 685 i. Penalties. Fifty dollars ($50.00) per day or portion of a day for each banner 686 displayed without a permit or after the expiration of a permit. 687 Note: In the event any word, sentence, clause, or other portion of this section is 688 determined invalid, then any sign otherwise allowed by this section shall comply with the 689 requirements set forth in this code as if this section was never enacted. 690 11. Sign Walkers. Sign Walkers are allowed in all zoning districts where the 691 corresponding approved business is located. A business is limited to displaying one sign at a 692 time. and siun and disblav brocess must meet the followinff criteria and limitations: 693 a. Location. Sign Walkers shall 694 i. Be located outside the clear sight triangle which for this purpose shall be a 695 minimum of 30 feet from a street or driveway intersection measured from 696 the back of the curb or edge of pavement if no curb exists. 697 698 ii. Be located a minimum of 5 feet from the street measured from the back of 699 curb or edge of pavement if no curb exists to avoid interference with 700 motorized or non -motorized vehicles. 701 702 iii. Yield right-of-way to pedestrians, bicycles and all others traveling or 703 located on the sidewalks. 704 705 b. Prohibited locations. Sign walkers shall not be located: 706 707 i. In raised or painted medians. 708 709 ii. In parking aisles or stalls. 710 711 iii. In driving lanes or driveways. 712 713 iv. So that less than a minimum of 4 feet is clear for pedestrian passage on all 714 sidewalks and walkways, or so as to cause a hazard to pedestrian traffic. 715 716 V. On any object or structure intended to raise the height of the sign holder or 717 the sign, including but not limited to fences, boulders, planters, other signs, 718 vehicles, utility facilities. 719 720 vi. Within a minimum distance of 20 feet from any other signwalker. 721 722 vii. In a manner that results in sign walkers physically interacting_with 723 motorists, pedestrians, or bicyclists. 724 725 C. Display. Sign shall be: 100483112.1306-90018211 18 Page 680 of 896 726 727 i. Displayed only when the business is open or operating. 728 729 ii. Held, worn or balanced at all times and not twirled, spun, or tossed out of the 730 hands of the holder. 731 732 d. Elements prohibited. The following shall be prohibited: 733 734 i. Any form of illumination, including flashing, blinking, orrotating, 735 736 ii. Animation on the sign itself, 737 - 738 iii. Mirrors or other reflective materials, 739 740 iv. Attachments, including, but not limited to, balloons, ribbons, speakers, or 741 any posts, poles or other device or object used to extend, wave or move the 742 sign away from sign walker. 743 e. Penalties. Fifty dollars ($50.00)12er day or portion of a day for each violation 744 of this Section. . 745 12. A -frame signs (aka sandwich boards) 746 a) Definition and Purpose. A -frame signs are temporary signs used to make 747 pedestrian traffic aware of business locations and available merchandise and/or services. A- 748 frame signs may also accent shopping plazas or pedestrian ways within the downtown, 749 contributing to the visual interest of retail and restaurant environments along the public 750 streetscape. 751 b) Design. A -frame signs must be designed to be free-standing, with quality 752 material, adequate mass, and locking or other stabilizing devices to withstand common 753 wind conditions. The maximum height is 42 inches measured from the top down to the 754 pavement surface. An A -frame sign is excluded from the calculation of a business's total 755 signage area. 756 c) Number. One sign may be permitted for each business. Where more than one 757 business is approved by the City for a single leased space, the principal use for the space is 758 allowed an A -frame sign. 759 d) Location. Allowed on sidewalks positioned to leave an unobstructed 760 pedestrian corridor of 5 feet except a greater corridor width may be required at a project 761 developed within a mixed-use zoning district, as approved as part of the corresponding Sign 762 ProLram. The sign must be in immediate proximity to the subiect business entrance and not 763 placed intentionally to attract the attention of passing motorists. The sign must not block 764 building entrances or exits, or accessible routes to the building. The sign must not be 765 mounted to, or leaning against any part of the building, other signage or sign poles, or site 766 landscaping. No objects of any kind shall be attached to or hung from the sign. 767 e) Display period. Signs are only to be displayed during the hours of operation 768 of the subject business, and stored out of view when the business is closed or during period 769 of high winds. The signs shall be removed and stored within the building when not 770 displace 771 f) Maintenance. Signs must be kept clean, structurally sound, and in visually - 772 appealing condition at all times. 100483112.1306-90018211 WA Page 681 of 896 773 g) Removal. The signs must be removed when weather conditions would 774 prevent the sign from standing properly on its own. 775 h) Approval. Signs must be included within a development's sign program that 776 is aproved by the Development Services Department. For single -tenant properties that are 777 not redilated by a sign program, the City or the Community Redevelopment Agency 778 establish a standard A -frame sign model to be allowed at stand-alone buildings located 779 within the Community Redevelopment Area. 780 C. Permanent ,Signs. It shall be unlawful to affix, erect, locate, or maintain any permanent 781 sign off -premises unless otherwise authorized under this subsection. Permanent signs shall 782 be allowed in accordance with the following provisions: 783 1. Wall Sign (Affixed to Building) Zoning District Ratio of Maximum Allowable Signage Area Sign Area Building Frontage (square feet) Residential 1 S. f. 5 1 -foot Single -Family districts 1 R-2 1 PUD 1 R-3 2 IPUD 2 CBD Industrials Commercial, excluding CBD 1_5 s.f.� 1 -foot 3, 4 Mixed Use Miscellaneous 784 a. General. One (1) or more wall signs, which typically advertises the name of the 785 establishment, organization, product, or service, are allowed on the fagade of a building, 786 provided such sign(s) and supports do not extend in excess of eighteen (18) inches off of the 787 face of the building wall, beyond the building corner, or at all above the parapet. An 788 exception may be made for architectural elements that provide a roofline break such as an 789 entry feature with a minimum offset forward of the typical building wall of three (3) feet. 790 b. Maximum Sign Area (Table 4-14). The maximum allowable wall sign area is a 791 factor of the zoning district within which a building is located and the length of such 792 building. Specifically, it shall be based on the ratio of wall and to each linear foot of building 793 frontage or tenant space frontage. 794 1 Wall signs are allowed for nonresidential developments within the following: 1) single - 795 family residential districts; 2) the R-2 and PUD districts; and 3) all developments containing 796 multiple -family residential uses (in excess of ten (10) dwelling units). The cumulative 797 signage area shall not exceed thirty-two (32) square feet. The top of the sign(s) shall not 798 exceed the height of ten (10) feet. 799 2 Wall signs are allowed within all developments containing multi -family residential or 800 non-residential uses. 100483112.1306-90018211 20 Page 682 of 896 801 3 Ptrf:strEtte Seetien 5.C.''�, tThe maximum wall sign area may be increased by ten 802 percent (10%) to allow for additional signage on rear fagades of multiple-tenant buildings 803 within non-residential developments (see Section 5.C.2.d below), and for standalone 804 commercial buildings with property frontage 50 feet wide or less, maximum sign area is 805 increased to 2.0 s.f. per 1 foot of frontage. 806 4 For a multiple-tenant building designed as an indoor shopping mall, the maximum 807 allowable wall sign area may be increased, provided the total signage area (per wall of a 808 major department store or center store containing an exterior customer entrance) does not 809 exceed ten percent (10%) of the area for each fagade. 810 5 Non -industrial businesses allowed in an industrial zoning district on an arterial right-of- 811 way under the zoning regulations would be allowed a multiplier of one and one-half (1.5) 812 square foot of wall signage per one (1) foot of building frontage. 813 c. Signs on Multiple-Story Buildings. Wall signs are allowed on upper floors of 814 multiple-story buildings, but only in the following instances: 1) the building is designed for 815 and contains multiple tenants or occupants, and the entrance doors for such tenants or 816 occupants (on upper floors) are designed external to the building; or 2) the sign, which 817 indicates the name of the building or its major tenant, is placed near the top of the building 818 regardless of any external doors on upper floors. In both instances however, the signage is 819 considered "wall sign (affixed to building)," and shall count toward the aggregate wall 820 signage area. Wall signs located on upper floors, excluding the building or major tenant 821 name as identified above, shall be located in front of each tenant space or bay. 822 d. Community Design Standards. See Section 5.C.2. below for additional community 823 design standards regarding wall signs. 824 2. Monument Sign. 825 a. Purpose and Intent. The purpose of this subsection is to ensure order, safety, and 826 unobstructed views for both pedestrians and motorists. The intent is to specifically prevent 827 project signage from lowering the level of safety and aesthetic quality of the streetscape 828 environment through appropriate and uniform restrictions on size and placement. 829 b. Computation of Height. The methodology for measuring the height of a monument 830 sign shall be in accordance with the definitions (see "Signs, Height" in Chapter 1, Article 831 11). However, tha+ose portions of 832 the sign devoted to displaying the property address and enhancing the physical apearance 833 of the sign that, in part, is necessary to satisfy community design requirements of Section 834 5.13. Such enhancements may extend above the maximum sign height by 18 inches, up to a 835 maximum of approximately 75% of the length of the sign. 836 c. Maximum Height, Size and Number (Table 4-15). The maximum allowable sign 837 height and area are a factor of zoning district, property size, and number of travel lanes on 838 the abutting roadway. Use Table 4-154 below, including the corresponding footnotes to 839 determine the regulations applicable to a given project. Note that circumstances such as 840 compatibility with surrounding properties and project scale may warrant a reduction in total 841 sign height and size. 842 Zoning Number Area —Maximum District of Travel 100483112.1306-90018211 21 Page 683 of 896 843 844 ' Maximum sign height may be justified and required given certain cGircumstances, such 845 as compatibility with surrounding properties, existing or planned character for the area, 846 speed limits, and project scale . 847 Reduced siLm area may be iustified and reauired in coniunction with a reduced setback. 848 2 Secondary signs shall be located along property line(s) abutting rights-of-way with 849 secondary access. 850 3 For maximum height of secondary sign, see primary sign height for travel lanes of road 851 on which the sign will front. 852 4 -4Primary or secondary monument signs i -i are allowed for all non-residential uses or 853 within multi -family residential developments containing at least ten (10) dwelling units. The 854 sign shall not be internally -illuminated. 855 5 For indoor shopping malls, as an alternative, a four (4) -sided sign, not to exceed thirty - 856 two (32) square feet per sign face, is allowed at each point of vehicular ingress (from a 857 public right-of-way) into the development. {UU4x.i 112.1 .i m-`JUU 1 xL1 } 22 Page 684 of 896 Property Size (in Acres) Lanes in Abutting Roadway Height'— Maximum (in feet) Primary and Secondary',' Si zns (in square feet) Single- Tenant Development Multiple- Tenant Development Single- Tenant Development Multiple - Tenant Development Residential' Any 2 5 5 16 N/A 4 or 6 5 5 32 N/A Office, Commercial, Industrial, SMU, Other <1 2 5 5 16 16 4 or 6 5 5 326 32 <2 2 5 5 32 32 4 or 6 5 5 32 40 2 to 8 2 5 5 32 40 4 6 6 40 40' 6 8 8 40 40' >85 2 5 5 40 40 4 6 10 40 100 6 8 12 64 120 Mixed Use (Urban Districts) <2 2 5 5 32 40 4 5 5 32 40 6 N/A N/A N/A N/A 2 to 8 2 5 5 32 40 4 6 6 40 64 6 N/A N/A N/A N/A >8 2 5 5 32 40 4 6 6 40 64 6 N/A N/A N/A N/A 843 844 ' Maximum sign height may be justified and required given certain cGircumstances, such 845 as compatibility with surrounding properties, existing or planned character for the area, 846 speed limits, and project scale . 847 Reduced siLm area may be iustified and reauired in coniunction with a reduced setback. 848 2 Secondary signs shall be located along property line(s) abutting rights-of-way with 849 secondary access. 850 3 For maximum height of secondary sign, see primary sign height for travel lanes of road 851 on which the sign will front. 852 4 -4Primary or secondary monument signs i -i are allowed for all non-residential uses or 853 within multi -family residential developments containing at least ten (10) dwelling units. The 854 sign shall not be internally -illuminated. 855 5 For indoor shopping malls, as an alternative, a four (4) -sided sign, not to exceed thirty - 856 two (32) square feet per sign face, is allowed at each point of vehicular ingress (from a 857 public right-of-way) into the development. {UU4x.i 112.1 .i m-`JUU 1 xL1 } 22 Page 684 of 896 858 6 The maximum area of a monument sign shall not exceed sixteen (16) square feet where 859 located on outparcels which are smaller than one (1) acre. 860 7 Sign area may be increased by ten (10) square feet per each additional acre of lot size 861 greater than two (2) acres (round up at 0.5). 862 d. Setbacks. A41 -m pau h44—: L frbm"i--xq 863 U li s �off i44e p-1iry,° "&e -e- 5e�..... ec't on ....... 864 4..A..S 865 e. Cross Visibility and Safe -Sight. All monument signs shall comply with the cross 866 visibility and safe -sight standards and regulations of Section 4.A.3. above. 867 f. Property Address. The property address shall be required on each monument sign 868 in accordance with Section 4.A.9. above. 869 g. Project Name. Each sign shall include the name of the project or 870 development. The name shall be located at the top of the sign just below the site 871 address. The balance of the sign and/or copy must meet the objectives of the purpose and 872 intent of Section 1 above (e.g. identification, aesthetics, etc.) and the community design 873 standards of Section 5 below (e.g. compatibility, sign style, lettering, etc.). 874 h. Changeable Copy Signs. A portion of a monument sign may eiitaii _ka- g_able 875 consist of a facing that is capable of delivering advertising messages through 876 electronic components referred to as an Electronic Message Center (EMC) or non -electronic 877 materials. In order for an existing sign to be eligible for the addition of a changeable copy 878 component, the entire sign and its support structure must be considered a conforming sign 879 according to all requirements of this Article, excluding the minimum setback standard. Signs 880 containing a changeable copy component shall meet the 881 following standards excluding any standards that are in conflict with aplicable state or 882 federal laws:(1) Location. An EMC, unless stated otherwise below, shall be limited to 883 properties with frontage on an arterial or collector roadway as defined in the Comprehensive 884 Plan, within the following zoning districts as defined by Part III, Chapter 1, Article II. 885 Definitions: 886 i. Commercial Zoning District (excluding the Central Business District),- 887 istrict);887 ii. Suburban Mixed Use, 888 iii. M-1 and PID, (Planned Industrial Development) ;; Ca,;u, .ul properties with 889 frontage on local streets from which sin aleTamil')ro )erties are accessed 890 iv. Public Usage, 891 V. Recreational, and 892 vi. Residential Zoning District. Limited to Resident Information Signage internal 893 to planned residential communities, or non-residential uses if located on an arterial or 894 collector roadway 895 (2) Number. No more than 1 changeable copy sign is allowed per parcel or 896 development site. 897 (3) Siiz-e Area. The changeable copy component of the sign shall not comprise more 898 than t fifty percent (2.950%) of the sign face, tHiless a ' a,-ne,- -- 899 E4ef ,-owl b fede -„' state law for signs that are limited to a maximum area 100483112.1306-90018211 23 Page 685 of 896 900 of 64 square feet or less, or a maximum of 35% on signs that are allowed more than 64 901 square feet (see sign height standards on Table 4-15 of this article.) 902 (4) Illumination Measurement Criteria. If sign brightness is measured by the 903 illuminance of an EMC, then an illuminance meter shall be set to measure foot - 904 candles, accurate to at least two decimals. Illuminance shall be measured with the 905 EMC off, and again with the EMC displaying a white image for a full color -capable 906 EMC, or a solid message for a single -color EMC. 907 hall be 908 si.. pect. to the color restrictio s 4[, icable t.o tl�e static si Ana�e of tl�e 909 � a k� n—owid colors are limited t.o net. tial or an.uted color o �ti�, Dry urrr-ar, colors a we 910...lulu:........12�;>1:.p...p..,.:: 911 (6) Illumination Limits or Brightness. An Electronic Message Center shall not emit 912 more than 5,000 Nits in full daylight and 100 Nits at night (between astronomical dusk 913 and dawn). The difference between the off and solid -message measurements shall not 914 exceed 0.3 foot-candles at night. The illuminance methodology may be used in setting 915 and measuring brightness. If the illuminance methodology is used, the sign shall not 916 emit more than 0.3 footcandles above ambient light levels as measured from 150 feet 917 from the sign. IM 919 {� (77) Message Duration or Hold Time. The fnessage image from any 920 changeable copy sign or message center shall *e4 remain unchanged or static for at 921 least 5 seconds f e t4af e ent-y f„,,,- (24) h^,,,- period,»loss et4efwise 922 . 923 924 (8) Dimming Capabilities. All EMC shall be equipped with a sensor or other device 925 that automatically determines the ambient illumination and programmed to 926 automatically dim/adjust according to ambient light conditions. The illumination of the 927 sign shall not exceed the ambient light level by more than 0.3 foot-candle, as measured 928 in accordance with the methodology recommended by the International Sign 929 Association (ISA). 930 (9) Message Transition. The transition from one message or image display cycle to the 931 next must be accomplished in one second or less during which the screen is black. The 932 transition must not employ special effects including, but not limited to, fade, fly -in, 933 dissolve or repixelization 934 935 (10) Default Message. EMS must have a default design or image that will freeze in 936 one position if a malfunction occurs. If a partial or incomplete message freezes or 937 remains static on the sign due to a technical malfunction or a portion of the display 938 face malfunctions, the sign's illumination must be turned off until the sign is repaired. 939 (L11) Design. When a monument sign is proposed to include changeable copy, the 940 existing or proposed sign shall be constricted of masonry, concrete -block -steel (CBS), 941 or other comparable material so that its appearance meets the aesthetic requirements of 942 this article. In ,,daub, rho ,.hangeable eepy 014;,,,, shall not rote,or- lAiet.t i 943 944 tafl* to See ion 4.A.9. above. Whether included as part of a new monument 945 sign, or through the retrofitting of an existing sign, Rhe changeable copy portion of the 100483112.1306-90018211 24 Page 686 of 896 946 sign shall be located at the bottom of the sign face, and be physically integrated into 947 the monument sign, and include the use of similar materials and colors of materials. In 948 addition, the changeable copy portion shall not interfere or conflict with the visibility 949 of the property address, which is a required component of all monument signs pursuant 950 to Section 4.A.9. 951 (112) Multi -Tenant Developments. A C—changeable copy sign component is allowed 952 on a sign -s within multi -tenant developments provided that s"it is part of an 953 approved sign program. 954 (4-913) Lettering. The type of lettering for all non -electronic changeable copy signs 955 shall be one (1) of the following: 1) plastic channel lettering; 2) plastic card type 956 lettering; of 3) raised wood lettering; or 4) Aluminum Lettering. The manufacturing of 957 such lettering shall be of typeset (machine printed) quality on1y;- ono�e-e€ freehand 958 lettering, chalk, or chalkboard surfaces are allowed except as otherwise aproved in 959 this Article. . 960 AeVe. 961 The color of the lettering (and/or characters) within the changeable copy portion of the 962 sign shall be similar and consistent with the lettering style of the main portion of the 963 sign face. 964 The maximum height of all letters, digits, and/or characters associated with a 965 changeable copy sign shall be ten (10) inches, unless otherwise required by federal or 966 state law. 967 (14) Certification of Compliance. As part of permit approval, applicant shall have the 968 EMC sign tested for compliance with the illumination standards of this section. 969 Compliance shall be provided in a statement of certification by the installer and include 970 an acknowledgement that the sign has been manufactured, and/or programed to comply 971 with all aplicable electronic standards including, but not limited to, message duration, 972 automatic dimming capability, message transition, and default message. Following 973 approval and commencement of sign operation, if at any time the sign is found non - 974 compliant with any standard described herein, the sign owner shall be responsible for 975 having the sign tested by a sign contractor with apropriate qualifications, and 976 providiniz an updated certification of compliance. 977 i. Miscellaneous. Signs which are affixed to a perimeter wall or fence shall be 978 regulated as follows 979 (1) Mixed -Use Development Identification Sign. Signs, which are typically affixed 980 to security or perimeter walls of a mixed use development, are considered mixed use 981 development identification signs and are regulated in accordance with Section 4.C.1-3 982 below. 983 (2) Neighborhood Identification Sign. Signs, which are typically affixed to security 984 or perimeter walls of a condominium project, residential development, or registered 985 residential neighborhood, are considered neighborhood identification signs and are regulated 986 in accordance with Section 4.C.1-215. below. 987 j. Community Design Standards. See Section 5.C.3. below for additional community 988 design standards regarding monument signs. 100483112.1306-90018211 25 Page 687 of 896 989 3. Directory Sign. One (1) directory sign is allowed for each street frontage of a non - 990 residential development containing multiple tenants. The sign shall not exceed eighteen (18) 991 square feet in area or be greater than six (6) feet in height, and must comply with the 992 setbacks required for the principal building. Staff may support additional directory signs if 993 justified accordingly. See Section 5.C.4. below for additional community design standards 994 regarding directory signs, and Section 15 for similar provisions for residential uses. 995 4. Directional Sign. A maximum of four (4) directional signs, erected at points of 996 ingress/egress are allowed within all 997 non-residential developments. Each sign shall not exceed four (4) square feet in area or be 998 greater than five (5) feet in height. Staff may support additional directional signs if justified 999 accordingly (see Section 15 for similar provisions for residential uses). A directional sign 1000 may be allowed off -premises, provided that the following conditions are met: 1001 a. Legal Cross -Access. The establishment, organization, or residential development 1002 does not have frontage on afl-given arterial or collector roadway but contains legal cross - 1003 access through private property (or from a private right-of-way) to an arterial or collector 1004 roadway; 1005 b. Easements and Agreements. Recorded sign easements and agreements between 1006 property owners and/or land holders for any proposed off -premise directional sign are 1007 submitted for city review and approval. Recorded sign easements and agreements with 1008 Homeowners Associations for any proposed public right of way directional sign on 1009 landscape areas maintained by the Homeowner's association are subject to the discretion of 1010 the City Engineering Department and the City Risk Manager.,.,.. 1011 5. Menu Board Sign. One (1) menu board sign is allowed in conjunction with a drive - 1012 through facility. Additional menu board signs may be allowed should circumstances warrant 1013 more than one (1) structure. The sign shall not exceed twenty-five (25) square feet in area or 1014 be greater than six (6) feet in height. The sign, which indicates the products or services 1015 rendered and their corresponding prices, may be designed as a single -faced freestanding 1016 structure or affixed to a building fagade. If placed on the fagade of a building and oriented 1017 toward an abutting right-of-way, then it is considered a wall sign and shall count toward the 1018 aggregate wall signage area in accordance with Section 4.C.1. above. In all instances, all 1019 menu board signs shall be located as far from residential properties as possible and any 1020 audio devices oriented away from such properties to the maximum extent possible in order 1021 to reduce potential impacts. 022 6. Awning Nlalaiiee Sign Awning si p a e is encom, ged that, is ofhu lu gr ity;.. 023 4 l�osutuve aeslhetuc o»tivautuo» l> tlie streets�l�e e„vu�onet Awpu supae us regulate. 024 accold it ' to the two cate (.)ries of sign options: 1025 a. Awning Valance Sign. One (1) sign, located on the valance of an awning hung over 1026 each public entrance is allowed within multi -family residential (ten (10) units or more) and 1027 non-residential developments, provided the signage area does not exceed eighty percent 028 (80%) of the valance area. The sign shall not be internally -illuminated. Text. shall be Iin ited _�. 029 to bgsiness male alb» �g writ � nt.uir erical :bausiness address Phone ngiri �ersA website address,,. 030 1iS.tut.1„ ..ressl 'rohibited.. An awning 031 valance sign shall no,[.. count toward the ;IIo.; ..ed,aggregate wall signage area.- See Section 1032 5.C.5. below for additional community design standards regarding awning valance signs. 100483112.1306-90018211 26 Page 688 of 896 1033 b. Awning Body Sign. Fabric -type awnings may be permitted with imprinted, stamped 1034 or otherwise integral to the fabric advertising (no vinyl lettering affixed to the fabric). The 1035 area of the awning that may contain advertising is limited to 40 percent or 9 square feet, 1036 whichever is less. Text -only applications shall be limited to 25 percent and individual 1037 lettering of text exceeding two (2) words may not exceed 18 inches in height. Text shall be 1038 limited to he business name vi s a� iE; Sipa .Phone numbers, website 1039 address, listing of good or services and hours of operation are expressly prohibited. 1040 Advertising on awnings is limited to first floor installations only. The awning may not be 1041 backlit. Only the awning signage on awtiitigs,placedover btjsunes,s entuatuc,esshall be exempt 1042 from the allowed aggregate wall signage area. 1043 7. Flat Metal Canopy Sign. Metal canopies covering just the building entrances may be 1044 permitted to mount channel lettering on top of the leading edge of the canopy, provided the 045 lettering does not exceed 18 inches in height, nor exceed 75 percent (75%) of the width of 046 the canopy. (;dpi,e,;;;,,��a;l,;�`,_�>;�`,,,;� , ,,,,;` signage will be counted towards the aggregate wall signage 1047 area. 1048 See Chapter 4, Article III, Section 3.E. for additional design standards regarding awnings 1049 and canopies. 1050 -78. Covered Walkway/Arcade Sign. One (1) sign, not to exceed three (3) square feet in 1051 area, is allowed for non-residential uses within a multiple -tenant building that has a covered 1052 walkway or arcade on the first or upper floors. The sign shall be located in front of each 1053 public entrance and oriented perpendicular to the building fagade. In all instances, the sign 1054 shall be hung with rigid mounting and all brackets and materials used must be decorative 1055 and compatible with the principal structure. The minimum overhead clearance over a 1056 walkway shall be nine (9) feet in height. 1057 8.9. Blade Sign. One (1) blade sign, not to exceed four (4) square feet in area, is 1058 allowed for fi-o- s'd tW uses within a multiple -tenant building in accordance with an 1059 approved sign program. The sign shall be located on the wall of a building in front of each 1060 ground floor tenant space in close proximity to the public entrance and oriented 1061 perpendicular to the building fagade. Additional signs are allowed if the tenant has multiple 1062 frontages and each frontage contains a public entrance. It shall be hung with rigid mounting 1063 and all brackets and materials used must be decorative and compatible with the principal 1064 structure. The minimum overhead clearance over a walkway shall be nine (9) feet in 1065 height. The projection of the blade sign shall not cause the sign to be taller than the existing 1066 building height or sixteen (16) feet, whichever is less. The sign and its support structure 1067 shall not extend more than three (3) feet from the wall. A blade sign may protrude into any 1068 required yard but it shall not extend outside the property line unless it protrudes into an 1069 abutting right-of-way and not onto private property. In this instance, the owner shall obtain 1070 all necessary permits where the blade sign protrudes beyond the property boundary and into 071 a right-of-way. A blade sign shall not be internally-illuminated.Blade sig p�ss���,�� pg't';,,,,�,�>aul�l, 072 toward maxum� ......... a of aruI I visiblet( pedestrians anssm � motorists. ............................................................................................................................ 073 base:d:..._�>1i,.....spc.�:.:A.....1:�,��>`e�t. des u epi acid/or loc;atioui.. 1074 -910. Window Sign. This subsection is intended to regulate the allowable location, size, 1075 and appearance of permanent window signs. 1076 a. Applicability. Window signs are allowed in any non-residential zoning 1077 district. For clarification, this includes any illuminated sign located inside a building within 1078 five (5) feet of a window or any sign attached to an interior display located within five (5) 100483112.1306-90018211 27 Page 689 of 896 1079 feet of a window, and each shall count toward the aggregate window signage area allowed 1080 on the nearest windowpane, which is regulated in accordance with Section S.C. below. 1081 b. Exemptions. Window signs are exempt from the permitting requirements of this 1082 article if designed in stenciled or vinyl lettering and affixed to a window. However, the 1083 maximum coverage allowed for all window signs shall comply with the community design 1084 standards of Section S.C. below. 1085 c. Restrictions. Window signs shall not be allowed for any residential use. In 1086 addition, window signs made of paper, cardboard, plywood, or the like shall be prohibited 1087 when affixed to the glass or displayed inside of the glass but not necessarily attached thereto, 1088 and which are visible from the outside. 1089 1090 . 1091 d. Community Design Standards. See Section 5.C.6. below for additional community 1092 design standards regarding window signs. 1093 e. Miscellaneous. See Chapter 4, Article VII, Section S.E. for additional prohibitions 1094 regarding the use of neon, bare bulbs, and miniature lights +hat are :iiteiid d to eiie4ele 8r 1095 ettline windows, ,aee and ethef: bttilding ethereleme*�S-. 1096 4911. Rear Door Business Identification Plaque. One (1) business identification plaque 1097 is allowed on the rear door(s) of each establishment or organization within a building 1098 containing a non-residential use. The sign shall not exceed three (3) square feet in area or be 1099 internally -illuminated. 1100 12. Gas Pump Canopy Sign. An illuminated or non -illuminated sign may be affixed to a 1101 gas pump canopy on any side adjacent to a right-of-way provided the sign does not exceed 10 1102 percent of the length of the canopy, nor 80 percent of the vertical canopy fascia. Sign 1103 illumination shall not be permitted where visible from abutting residentially zoned property. 1104 4413. Mixed Use Development Identification Sign and Neighborhood Identification 1105 Sign. A condominium project, development, residential development, or registered residential 1106 neighborhood association may erect a single -faced 1107 sign on each side of any entrance. One (1) double-faced sign may be erected in lieu of two 1108 (2) single -faced signs. However, where feasible, the sign shall be incorporated into project 1109 elements such as building fagades, decorative or perimeter walls, or accent features such as 1110 fountain structures or the like. 1111 a. Size. The maximum height and size of such sign(s) shall be regulated in accordance 1112 with Section 4.C.2. and Table 4-145 above. Circumstances such as project scale, traffic speed, 1113 ideal streetscape design and vision for the respective corridor, and compatibility with 1114 surrounding properties, may justify reductions or increases in the maximum size allowed. 1115 b. Setbacks. The sign shall be setback a minimum of ten (10) feet, unless combined 1116 with other project elements as described above which may be subject to a lesser setback I117 dimension. Also see Section 4.A..5 :`�: for additional setbacl� reda;ucti�»� ............................................................. l _ 1118 Recorded sign easements and agreements for any proposed public right-of-way sign on 1119 landscaped areas maintained by the iomeowner's association are subject to the discretion 1120 and aproval of the City Engineering Department and the City Risk Manager. Too —;g� 100483112.1306-90018211 28 Page 690 of 896 1121 1122S+ Pfep 1123ly 1124 and comply with the 1125 following: 1126 (1) No person shall begin to constrict, reconstruct, repair, alter, or grade in or upon 1127 any area of public rights-of-way in the city without first obtaining a permit as provided for 1128 in Chapter 2, Article III, Section 4. 1129 (2) All traffic regulatory and warning signs shall comply with the Manual on 1130 Uniform Traffic Control Devices (MUTCD). 1131 (3) Where applicable, permits must be obtained from other agencies, including the 1132 State of Florida and/or Palm Beach County. 1133 c. Cross Visibility and Safe -Sight. All signs shall comply with the cross visibility and 1134 safe -sight standards and regulations of Section 4.A.3. above and the Engineering Design 1135 Handbook and Construction Standards (EDHCS). 1136 d. Illumination. The sign shall not be internally-illuminated.—unless the proposed sign 1137 placement abuts a major thoroughfare, where internally illuminated signs are present. 1138 14. Industrial Subdivision Signage 1139 The purpose of this section is to provide signage provisions for businesses located within 1140 platted industrial subdivisions that kidsI aulster pp,In wuui...enta or 12L�)j�Ll u(klllily 1141 ��� u��p/��b ii......g g „ g„u; n „ are not part of a planned district master plan and therefore do not have 1142 benefit of a sign program. Without a sign program, business parks commonly lack master 1143 signage and the identity achieved by visible and coordinated signage. The intent of this 1144 section is to support the establishment of branding and identity of subdivisions that 1145 characteristically, have minimal frontage on the major roadway network, are not afforded the 1146 signage provisions allowed in the Planned Industrial Development District, and/or lack 1147 common property at subdivision entrances for easy siting of identification signage. 1148 a. Industrial Subdivision Entry Signage shall meet the following requirements: 1149 i. Location. At street entrances into the industrial subdivision from a collector or 1150 arterial road. Signs may be sited on one or two corners on private property, with 1151 the execution of sign easements and agreements between parties. Minimal 1152 encroachment onto the public right-of-way may be allowed if insufficient 1153 private property exists for siting the sign, and subject to the discretion of the 1154 City Engineer. _ 1155 ii. Size. Signs may be a maximum height of 6 feet and maximum size of 40 square 1156 feet. 157 iii. Design. Sign design shall lues l t sou division l�uat.di �„ � where ')ossNe and. 158 comply with �>;l��ey�..: design standards of this article for monument signs. 1159 Deviations from the standards necessary to site the sign on limited space, 1160 including but not limited to, minimum setback and landscaping requirements, 1161 shall be at the discretion of the Development Director or his/her designee, and 1162 City Engineer. _ 100483112.1306-90018211 29 Page 691 of 896 163 b.. fndt..strial St..bdivision Shared FIntr Signage combines the site su ni forth �rc> pert: 164 located at. the entr pointof the st..bdivision as described in Section 4 C..14.a.. 165wutl� tl�e sugnagg�g !e of rnouebausin,esses within he st. bbdivision and. 166 accessed from that. same intersection. Shared entry sinae shall be allowed as 167 follows: ...................................................... 168 i If,ocation On 11uol� sties located at the intersection where the snub, ect sijbdivision 169 is accessed.. The si sses at. one ........................................................................................................................... 170 or both sides of the intersection.. ..................................................................................................................................................................................................................... 171 ii. Size flee max,umaum size of acute sign l proved in accordance with this section 172 shall be„allow d g.1 L�2 Ci fe�� luuglu..._�und a....nu�axuurujai area of 4„8 feet For 173 sijbdivisions accessed a cc>llect.c>r c>r arterial road with fewer than 4 canes. c>r a 174 maxirm.um of 10 feet, hi h and a of 64 sat.sare feet, for si.0 bdi vi si on s accessed by a 175 collector or arterial road with 4 or more lanes.. ......................................................................:.......................................................................................................................................................................................................................................... 176 uuu Dsign. u n desu n shah s�.. duvusuc>n randun and cc>m �i with other desu 41 177 standards of this article for monu.ument. si gns.. 1�eviatic>ns from the standards ...... ........ ..... ........ ......... ..... ..... 178 nec asses t.o site the su nn on lumuted s paceincWdin bta no[, lumu 179 minirm.um setback andlandsca ��in g sec u.uirement.s. shall be at. the discretion of the 180 Deve91..Q ment Director or iris/lieu- des i Knee, and � uty 1,n;�ineer.. 181 c.. ]CReview ][processof] sideratiof] for a, ro�val shall be in accordance with the review 182proc ass fc» „„u roval or modification.. Auuy I.e. u.u.ired. 183 easements,,,,and/c»�...agEgggj rents..,; etween baus,iness owners and land owners shall be 184 st. bbaiitted,,sfirufllaneouus,ly for review and ai�i�rc>vai.. 185 e-, d Electronic ,Message � epater (ih 1 i� � Ape ih 11� �1u�11 be ape allowed c;oml�opueput of tlue .. .... ..... 186 Si �uu...... un c om �.�luanc;e wutlu flue a .� .�i�c;abie stanalards of flue Chan Y.eabie Q o � tau a 187 p,ygi ded:��yplSection 4�2:� .....................................p...�.......:....................:.................:;,....°>�...�:....,:....:.::�.::..:.t.::.,:........:. .................................... 188 189 1190 4-215. Neighborhood ideii f;,., bei Sign. Signage for -4 a 1191 residential development, or neighborhood with a registered ,-os; al neighborhood 1192 association may include entrance signage, and various internal signs used for directory or 1193 directional purposes, or to provide general information primarily beneficial to the residents 1194 including but not limited to intermittent announcements of activities and events. ef:eet- 1195 single faced sign on o eh side of an o„4, nee One(l) ,aettble faced sfRayign i,o ; 1196 1197 1198 peat,,, stteh as feet tail s� ,e. a toe like. 1199 a. Identification/Development Sign. Allowed is one single -faced sign on each side of 1200 any entrance, or one (1) double-faced sign may be erected in lieu of two (2) single -faced 1201 signs. Where feasible, however, the sign shall be incorporated into project elements 1202 including but not limited to building fagades, decorative or perimeter walls, or accent 1203 features including but not limited to fountain structures. 1204 (1) Size. The maximum height and size of such sign(s) shall be regulated in 1205 accordance with Section 4.C.2. and Table 4-145 above. Circumstances, such as 1206 compatibility with surrounding properties, speed limits, and project scale may justify 1207 reductions in the maximum size of each sign. 100483112.1306-90018211 30 Page 692 of 896 1208 (2) Setbacks. The sign shall be setback a minimum of ten (10) feet, sinless 1209 combined with other project elements as described above which may be subject to a lesser 1210 setback dimension. See Section 4.C.2 for possible reduction in this minimum setback 1211 standard. 1212 1213 (3) Location within rights-of-way. The sign and support structure may be 1214 allowed within a public or private right-of-way if adequate space does not exist on private 1215 property as determined by the city, and provided that it does not interfere with the 1216 maintenance of existing utilities. A sign proposed within a city maintained public right -of - 1217 way shall require approval from the Department of Public Works and comply with the 1218 following: 1219 1220 i. {O No person shall begin to constrict, reconstruct, repair, alter, or grade in or 1221 upon any area of public rights-of-way in the city without first obtaining a permit as provided 1222 for in Chapter 2, Article III, Section 4. 1223 1224 ii. {� All traffic regulatory and warning signs shall comply with the Manual on 1225 Uniform Traffic Control Devices (MUTCD). 1226 1227 iii. {� Where applicable, permits must be obtained from other agencies, including 1228 the State of Florida and/or Palm Beach County. 1229 1230 (4) E Cross Visibility and Safe -Sight. All signs shall comply with the cross 1231 visibility and safe -sight standards and regulations of Section 4.A.3. above and 1232 the Engineering Design Handbook and Construction Standards (EDHCS). 1233 1234 (5) d- Illumination. The sign shall not be internally -illuminated. 1235 1236 b. Resident Information Sian. Signs may be approved within neiLhborhood communities that 1237 are intended to provide information to residents and guests regarding locations of 1238 neighborhood facilities and amenities, events and activities, or operational announcements. 1239 Stens �IEJ. 2E kiosks shall be designed to meet the following standards-, 11240 (1) Size. Maximum height is 6 feet and maximum area is 24 square feet, 1241 (2) Setbacks. See setback standard above applicable to 1242 Identification/Development Signs, 1243 (3) Location. Signs are to be placed on internal common, or other association - 1244 governed property and not at perimeter or entrance points to avoid confusing 1245 motorists with excess signage, 1246 (4) Design. If possible and practical, materials, colors and design shall be 1247 compatible with architectural or other elements or improvements within the 1248 community. Materials used should be weather resistant to prolonu anality 1249 appearance and allow for easy maintenance, 1250 (5) Flexibility through aproval of a sign program. A sign may deviate from the 1251 corresponding standards of this section if adequately justified and approved 1252 as part of sign program for the neighborhood, and 1253 (6) Changeable Copy Sign. Signs may be designed with an electronic 1254 component if Mproved as part of a sign program. The above standards also 1255 apply if designed to accommodate an electronic component. 100483112.1306-90018211 31 Page 693 of 896 1256 1257 16�,. Nameplate, Historic Marker or Identification Plaque. One (1) nameplate or 1258 identification plaque with non- commercial copy is allowed in all zoning districts, provided 1259 that it does not exceed two (2) square feet in area. This sign typically indicates the name of 1260 occupants residing on the premises but also may be used to identify buildings and/or 1261 structures of cultural or historical significance, and is not intended to be an alternate method 1262 of advertising for a non-residential establishment or organization. It may also include 1263 signage associated with a live/work unit in conjunction with an applicable sign 1264 program. The nameplate or identification plaque shall not be internally -illuminated. A 1265 Historic Marker is a plaque, marker or sign used to identify a designated historic property in 1266 accordance with the City's Preservation Requirements in Article IX, Section 6 of the City 1267 Code. Also see Section LE, Exemptions, when regulating historic markers. A public art 1268 plaque, marker or sign is used to identify and provide public information regarding a public 1269 artwork or mural that has been required or aproved by the Art Advisory Board. 1270 Note: In the event any word, sentence, clause, or other portion of this section is 1271 determined invalid, then any sign otherwise allowed by this section shall comply with the 1272 requirements set forth in this code as if this section was never enacted. 1273 D. ,Special ,Signs. The following special signs shall be allowed in accordance with the 1274 following provisions: 1275 1. Civic and Not -for -Profit Directional Sign. For the purposes of providing a 1276 convenience and benefit for the traveling public, a maximum of two (2) off -premise signs 1277 are allowed for a civic and fraternal organization, church, or recreation facility. Each sign, 1278 which shall not exceed twelve (12) inches by eighteen (18) inches, may be affixed to a post 1279 or other approved structure at intersections of public rights-of-way, and at a maximum of 1280 one (1) sign per organization or facility at any given intersection. A maximum of three (3) 1281 different civic and not-for-profit directional signs are allowed per post or supporting 1282 structure. 1283 All signs and posts shall be reviewed by the City Engineer where proposed within city 1284 maintained public rights-of-way. In all instances, the applicant shall bear the cost to 1285 constrict the sign in accordance with city specifications. The city will provide the post and 1286 install the sign at a fee set by the city, which shall be paid for by the applicant. The city 1287 shall maintain the sign for safety purposes only and may remove it at no expense to the 1288 applicant should it become illegible or unsafe. The signs shall not be illuminated. 1289 2. Transit Shelter Sign. Signs on city transit stop shelters may be allowed when 1290 authorized by written agreement approved by action of the City Commission pursuant to the 1291 provisions of Florida Statutes. When so authorized by the City Commission, the following 1292 standards shall apply: 1293 a. Location. Signs placed on city transit stop shelters shall only be allowed at city 1294 transit stops designated or approved by the city. A transit shelter, proposed on private 1295 property or within the right-of-way, shall be located and designed in accordance 1296 with Chapter 4, Article III, Section 10.13. 1297 b. Number. Not more than one (1) bus shelter displaying signage or intended for the 1298 display of signage shall be allowed at a city transit stop. 1299 c. Elevation. Display space on bus shelters shall be limited in location and size to the 1300 side or rear wind screen panels. {UU4x.i 112.1 .i m-`JUU 1 xL1 } 32 Page 694 of 896 1301 d. Exemption. Pursuant to Section 1.E.6. above, a bias shelter sign shall be exempt 1302 from the permitting requirements of this article, provided the Building Official determines 1303 that compliance with the Florida Building Code is not required. 1304 3. Newsracks. Newsracks shall have no signage or advertising except for that which is 1305 allowed in accordance with City Code of Ordinances Part II, Chapter 15, Article VI. 1306 4.. 1 _ 1' 1 1 1311 -194i- ...... saes...e�s�ene.r.�ee e��ee sarasr�es�e.in,..erasee..�� _ rsse�r� ser��a�ex..... ss _ 1317 (4) Mttf:als shall only be allowed en bttilding faqades, . _ 1 1322 1323 1324 detefmined invalid, 1325 . 1326 44. Electric Vehicle (EV) Charging Station Sign. 1327 a. Each public EV charging station shall have at least one (1) posted sign displaying 1328 operational information such as voltage and amperage levels, hours of use, fees, safety 1329 information and penalties related to a misuse, and it must be approved by the city. 1330 b. Directional signs for EV charging stations may be allowed, provided that each 1331 complies with Section 4.C.4 above, except that the size and style shall not exceed that which 1332 is allowed in accordance with the Federal Highway Administration's Manual on Uniform 1333 Traffic Control Devices (MUTCD) 2009 edition or latest supplement thereof. In addition, a 1334 maximum of two (2) off -premises directional signs located within public rights-of-way may 1335 be allowed. All signs associated with EV charging stations, if proposed within rights-of-way, 1336 shall comply with the permitting and processing requirements of the city and any other entity 100483112.1306-90018211 33 Page 695 of 896 1337 having jurisdiction over the subject right-of-way 1338 1339 Sec. 5 Community Design. 1340 A. General. 12,Na3, Iry Irani 1'r' W, I r, 121 ' 1341 1. Purpose and Intent. The aesthetic quality of a building or an entire neighborhood is 1342 materially a factor of the level of visual harmony between signs, support structures, project 1343 architecture, and adjacent surroundings. In addition to the mechanical limitations on signs 1344 imposed by this section, there are certain aesthetic considerations that must be met, and 1345 therefore signs are subject to review by the Planning and Development Board and City 1346 Commission, when required. 1347 2. Administration. The Development Director .,C Planning and Zoning or designee shall 1348 have the authority to eeef:diiiate,interpret, and administer this section. 1349 3. Applicability. The provisions of this section shall apply to all new signs, excluding 1350 single-family and duplex dwelling units within single-family or two-family residential 1351 zoning districts. 1352 4. Relief from Standards. Any deviation from these community design standards shall 1353 require approval of a community design plan appeal (CDPA) application, which is subject to 1354 review and approval by the City Commission. A request for a CDPA shall be reviewed in 1355 accordance with Chapter 2, Article II, Section 4.13. 1356 B. Community Design ,Standards for All ,Signs. 1357 1. Compatibility. Signs shall be designed and treated as part of the architecture of 1358 buildings and structures. Freestanding signs and other site signs shall be compatible with 1359 and contain the same architectural elements and repeating features that are used on buildings 100483112.1306-90018211 34 Page 696 of 896 1360 throughout the development. All signage, including its color and scale, shall be compatible 1361 with the architecture of the building or structure on which it is affixed or attached. The 1362 overall effect of the lettering, configuration, or color of a sign shall not be too bright, garish, 1363 gaudy, showy, glaring, and/or cheaply brilliant or involving excessive 1364 ornamentation. Garish signs are not in harmony with and are not compatible with the 1365 building or adjacent surroundings. 1366 2. Color. Sign colors and supporting structures and/or materials shall be 1367 complementary to the colors of the development. Excessive use of large areas of several 1368 colors can create competition for the eye and significantly reduce readability. All signs, 1369 mother than those associated with registered tenants , those within a 1370 sign program, or a community sign from the Public Art program, shall be limited to a 1371 maximum of four (4) different colors for the entire development, inclusive of black and 1372 white. In addition, the background color of a wall sign shall be considered a sign color and 1373 count towards the aggregate number of colors allowed on a sign. This restriction also 1374 includes the background color of any "cabinet -style" sign. However, in all instances, colors 1375 of registered logos and icons shall be excluded from this limitation. 1376 3. Letter Size. Sign lettering shall be easy to read and in scale with the building or 1377 tenant space on which it is located. The sign copy shall be designed and based, in part, on 1378 the average distance and average travel speed of the viewer. Sign messages oriented 1379 towards pedestrians may be smaller than those oriented towards automobile drivers. A sign 1380 message shall be easily recognized and designed in an uncrowded, clear, unambiguous, and 1381 concise manner, so that a viewer can perceive what appears on the sign. In order to 1382 maximize readability and legibility, it is discouraged to advertise on a wall or freestanding 1383 sign, in an excessive manner, the phone or fax number, email address, or a particular project 1384 or service, in conjunction with the name of the establishment or organization. 1385 4. Letter Style. The number of different lettering styles on tenant signage on multiple 1386 tenant buildings and their outbuildings and outparcels shall be limited to one (1) in addition 1387 to the lettering styles of the nationally registered copy of all tenants located within the 1388 building and its outbuildings and outparcels. 1389 C. Community Design ,Standards for ,Specific Types of Signs. 1390 1. Graphics on Fences and Barriers around Constriction Sites. At constriction sites, 1391 signs and graphics are allowed on temporary security and safety fencing or other types of 1392 barriers that are required and/or permitted app owl b the Bttil ung Offieial for a 1393rp oject. The temporary fencing may contain screening material enhanced with graphics, 1394 images, pictorials, wraps, windscreens, digital prints, photographs, or a combination thereof, 1395 provided that such enhancements are not intended to be an alternate method of advertising 1396 other than identifying the name of the development, and does not create a diversion or 1397 distraction to passing motorists (also see Chapter 3, Article V, Section 2.17.). See Section 1398 5.D. below for additional community design standards regarding the maximum allowable 1399 size of logos and icon proposed on signs on fences and barriers around constriction sites. 1400 2. Wall Sign (Affixed to Building). 1401 a. Scale. Signage on bttildings shall be included on ,,ntieipate a dtffing the proposed site 1402 plan in order to incorporate them properly into project architecture. Signs 1403 shall be aeeemmedated on the c,,, ade designed to prevent them from conflicting and/or 1404 overcrowding with a building's architectural features and enhancements. 100483112.1306-90018211 35 Page 697 of 896 1405 b. Type of Sign. A single sign style (such as cabinet, channel, reverse channel) shall 1406 be used for wall signage on all buildings on a site. Channel and reverse channel letter style 1407 are preferred in lieu of cabinet signs. 1408 c. Scale. A wall sign (and corresponding sign band) shall be in scale with the 1409 building, as well as with signs on the same building and may be required to be compatible 1410 with buildings and structures on adjacent properties. Signs consisting of multiple words may 1411 be stacked (in rows) to maintain the appearance as a single sign (and sign band), but the sign 1412 band of a stacked sign shall be in scale with the sign band of non -stacked signs, except in 1413 those instances where a building fagade has been intentionally designed or modified to 1414 accommodate a larger size sign band for an anchor tenant (within 1415 multi -tenant developments). However, in no case shall any sign exceed the size limitations 1416 as provided for in other sections of this article. Proposed signage shall not exceed 80 percent 1417 of the designated sign band in a horizontal or vertical direction. 1418 d. Signs on Rear Fagades. The maximum area of wall signs shall be based on the 1419 standards specified in Section 4.C.1. above. However, the maximum size may be increased 1420 by ten percent (10%) to allow for additional signage on rear fagades of buildings within non - 1421 residential and mixed use developments. Factors to justify additional signage include but are 1422 not limited to 1) the visibility of rear fagades from rights-of-way; 2) existence of off-street 1423 parking and other vehicular use areas; 3) building orientation and site design; and 4) 1424 pedestrian access and connectivity. 1425 e. Logos and Icons. See Section 5.D. below for additional community design 1426 standards regarding the maximum allowable size of logos and icons when proposed in wall 1427 signs. 1428 3. Monument Sign. The base of all freestanding signs shall have landscape material 1429 installed in accordance with Chapter 4, Article 11, Section 6.I. An exception may be made 1430 within the urban area, including mixed-use developments zoned either MU -4 or MU -C. See 1431 Section 5.1) below for additional community design standards regarding the maximum 1432 allowable size of logos or icon proposed on monument signs. 1433 4. Directory Sign. To ensure the safety of vehicular traffic on the city's rights-of-way 1434 and to further the legibility requirements of this section, the monument sign for a project 1435 shall not be designed to resemble a directory sign, with the inclusion of numerous tenant 1436 names in small font. Directory signs are the preferred method of advertising multiple 1437 listings or tenants, and are accommodated by these Regulations. Such directory signs are 1438 located internal to a site to avoid confusing a motorist and causing a traffic hazard on the 1439 abutting roadway. See Section 5.D. below for additional community design standards 1440 regarding the maximum allowable size of logos and icon proposed on directory signs. 1441 5. Awning Valance Sign. The letters and characters within the sign shall be no greater 1442 than six (6) inches in height. See Section 5.D. below for additional community design 1443 standards regarding the maximum allowable size of logos and icon proposed on awning 1444 valance signs. 1445 6. Window Sign. The intent of this subsection is to encourage the use of window signs 1446 to promote a traditional "main street" appearance in storefronts, particularly for business 1447 establishments that are an integral component of a pedestrian -friendly streetscape 1448 environment. The design of window signs, including font, point size, and layout should be 1449 tasteful, nostalgic, and comply with the following standards: 100483112.1306-90018211 36 Page 698 of 896 1450 a. Location. Signs are allowed on windows that are located on the ground (first) floor 1451 and where such windows are visible from pedestrian walkways. 1452 b. Size. On the entrance door or window located closest to the public entrance/exit 1453 door, the size of the sign shall not exceed twenty percent (20%) of the window area, unless 1454 an internally -illuminated sign is proposed, in which case, it may not exceed three (3) square 1455 feet in area. For clarification, if two (2) windowpanes are located on each side of a public 1456 entrance, only one (1) shall be allowed to have the maximum twenty percent (20%) 1457 coverage. For all other windows, the size of the sign shall not exceed three (3) square feet in 1458 area, regardless of the location or sign type. 1459 c. Logos and Icons. See Section S.D. below for additional community design 1460 standards regarding the maximum allowable size of logos and icons when proposed in 1461 window signs. 1462 D. Community Design ,Standards for Logos and Icons. 1463 1. General. Logos, trademarks, insignias, emblems, and other non -word depictions 1464 shall be considered signage. 1465 2. Maximum Percentage and Size (Table 4-16). The maximum size of each non -word 1466 depiction (i.e. logos, graphic icons, illustrations, etc) of a sign shall not exceed twenty 1467 percent (20%) of the sign erected, except for as follows: 1468 Type of Sign Maximum Percentage of Sign Erected Wall 20%1 Monument 100% Directory 20% Directional 100% Awning Valance 100%2 A;nrn;.:r body :1::.�:�.�:�.......P?., Covered Walkway/Arcade 100% Blade 100% Window 20%3 Rear Door ID 100% Any other type of other lawful sign 20% 1469 1470 ` If greater than twenty percent (20%) of the sign erected, the non -word depiction shall not 1471 exceed nine (9) square feet. Only one (1) logo or icon is allowed per building elevation (per 1472 tenant). 1473 2 The non -word depiction shall not exceed six (6) inches in height. 1474 3 If greater than twenty percent (20%) of the sign erected, the non -word depiction shall not 1475 exceed three (3) square feet. 1476 See. 6 Sign Program. 37 Page 699 of 896 1477 A. General. 1478 1. Purpose and Intent. The purpose of this section is to allow some magnitude of 1479 flexibility in createiMa comprehensive set of design standards applicable to all signage 1480 within a multi -tenant development. The intent is to promote uniformity and compatibility 1481 between multiple signs (within a single development) and with project architecture, in order 1482 to maximize the aesthetic character and overall quality of the development. Flexibili . is 1483 intended to allow deviations from the standards in this Article, when justified and proven to 1484 still further the intent and objectives of this chapter with respect to signage appearance, 1485 scale, architectural compatibility and visibility. 1486 2. Applicability. A sign program shall be required for all sign types within non - 1487 residential and mixed-use developments containing multiple tenants. The sign program shall 1488 be processed in accordance with site plan review. The sign program shall regulate every 1489 type of permanent sign proposed within the development. 1490 3. Permits Required. No permit shall be issued for an individual sign within a 1491 development containing multiple tenants, unless the sign conforms to the approved or 1492ep nding sign program. If a sign program has not 3-e� been approved, the proposed sign shall 1493 incorporate the desired design features and characteristics of the majority of signs within the 1494 development, or be designed to represent the desired sign style and apearance to ultimately 1495 be achieved by a pending or future sign program. 1496 4. Relief from Standards. Any deviation from the requirements of this section shall 1497 require the submittal of a community design plan appeal (CDPA) or through a landlord 1498 initiated amendment to the aproved Sign Program, which is subject to review and approval 1499 by the City Commission. A request for a CDPA shall be reviewed in accordance 1500 with Chapter 2, Article 11, Section 4.13. 1501 B. ,Standards. The sign program shall consist of a set of standards, including but not 1502 limited to the sign sizes, number, locations, materials, lettering (size and font), sign types 1503 and colors to be used within the development. All aspeets The sign program shall be in 1504 compliance with the purpose and intent of this article. 1505 C. Review Process. A new or proposed modification to an existing sign program shall be 1506 reviewed in accordance with Chapter 2, Article 11, Section 2.E. to iaelitde a new site, jer- site 1507 plan w.edifi, f; r site plan w.edif4,.atior 1508 Sec. 7 Nonconforming Signs 1509 A. General. A sign, which does not conform to the requirements of this article, shall be 1510 deemed nonconforming. A nonconforming sign cannot be modified (excluding re -lettering 1511 or change of copy) unless the modification brings the sign into compliance with all sections 1512 of this article, or as outlined in Section 7.13. below. 1513 B. Nonconforming Freestanding Signs at Shopping Centers. The city's objectives to 1514 improve the visual aesthetics, appearance, and economic vitality of multi -tenant properties 1515 along city thoroughfares will permit property owners to modify nonconforming freestanding 1516 signs at shopping centers beyond the limitations contained within Section 7.A. above, in 1517 conformance with the following requirements: 1518 1. The shopping center shall have an adopted sign program in place, or adopts a sign 1519 program as part of this process. 100483112.1306-90018211 38 Page 700 of 896 1520 2. A request for an amendment to the existing sign program is approved 1521 3. The amended sign program will allow improvements to the existing sign structure(s) 1522 which do not increase the mass of the sign (i.e. height, length, width), including removal, 1523 repair and/or replacement of sign cabinets. 1524 4. The proposed improvements will bring the sign into further compliance with the sign 1525 regulations, and improve the aesthetics of the sign. 1526 5. As part of the city's economic development initiatives, additional sign square 1527 footage, also known as "copy area," may be added to the sign in instances when aesthetic 1528 improvements and required landscape improvements are made to, and immediately 1529 surrounding the sign, and in situations where the additional signage does not increase the 1530 mass of the sign (i.e. height, length, width). 1531 6. The amount of future repairs of the newly renovated sign that the property owner will 1532 be allowed to complete will be an amount not to exceed fifty percent (50%) of the new value 1533 of the sign, as determined by a licensed sign contractor and confirmed by staff. 1534 The regulations contained in Chapter 4, Article IV, Section 7.13. above are not intended to 1535 allow removal and reconstruction of the sign in entirety, as such a situation would require 1536 the sign to come into compliance with current sign regulation. 1537 C. Repair or Removal. Any nonconforming sign and corresponding support structure that 1538 is damaged or otherwise in need of repair, to such an extent that the cost of repairing the sign 1539 equals fifty percent (50%) or more of the original cost of the sign, then its classification as a 1540 "nonconforming" sign under this section shall be automatically revoked and either repairs be 1541 made so that such sign shall meet all the requirements of this article or said sign shall be 1542 removed from the property. Furthermore, any nonconforming sign and corresponding 1543 support structure shall be removed by the owner, agent, or person having beneficial use of 1544 the building, structure, or premises, where such sign may be found if a bona fide 1545 establishment, organization, or residential development ceases its operation or occupancy for 1546 more than six (6) consecutive months. 1547 D. Annexation of Nonconforming Freestanding ,Signs. 1548 1. Billboard. Any property located in unincorporated Palm Beach County, which is 1549 considered for annexation into the city, shall have its billboard sign removed prior to 1550 annexation, unless otherwise approved by the City Commission. In such instances, the City 1551 Commission may grant an extension to the time period allowed for removing the billboard 1552 sign. 1553 2. Monument Sign, Pylon Sign, and Pole Sign. Any freestanding monument, pylon, 1554 pole, or similar type of sign located on a property that is proposed to be annexed into the city 1555 shall comply with all provisions of this article within six (6) months following the date of 1556 such annexation, unless otherwise approved by the City Commission. Any signs subject to 1557 this requirement shall be documented by the city in any applicable ordinance, development 1558 order, or annexation agreement. 1559 Sec. 8 Signs at Abandoned Businesses Abandoned S4*E 1560 When an establishment, organization, or service is discontinued, all signs relating to such 1561 establishment, organization, or service shall be removed within six (6) months from the date 1562 of discontinuance. The sign structure may remain in place if the sign text is of visib' 100483112.1306-90018211 39 Page 701 of 896 1563 pfeN,ided t4e sign twe�il iTEevered with an appf:eveddttr-able e for the vacated 1564 establishment, is removed from the sign and replaced with a blank white panel. However, if 1565 the sign structure is in deteriorated or dilapidated condition, removal of the sign structure is 1566 required. Failure to so remove such a sign shall subject the sign to removal and disposition 1567 pursuant to section 7 of this article. A property owner may pply for a 1568 declaration of exception to the Arts Advisory Board or the Historic Preservation Board to 1569 maintain the sign of an abandoned business on the property if the sign is determined a work 1570 of art by the Arts Advisory Board or an object of historic significance by the Historic 1571 Preservation Board. 1572 Sec. 9 Penalties. 1573 The city or any other legal authority shall enforce any violation of this article pursuant to the 1574 penalty provisions contained in Chapter 1, Article I, Section 7 of these Land Development 1575 Regulations. 1576 Section 3. Each and every other provision of the Land Development Regulations 1577 not herein specifically amended, shall remain in full force and effect as originally adopted. 1578 Section 4. All laws and ordinances applying to the City of Boynton Beach in 1579 conflict with any provisions of this ordinance are hereby repealed. 1580 Section 5. Should any section or provision of this Ordinance or any portion thereof 1581 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 1582 the remainder of this Ordinance. 1583 Section 6. Authority is hereby given to codify this Ordinance. 1584 Section 7. This Ordinance shall become effective immediately. 1585 FIRST READING this 7th day of December, 2021. 1586 SECOND, FINAL READING AND PASSAGE this day of , 2022. 1587 CITY OF BOYNTON BEACH, FLORIDA 1588 YES NO 1589 Mayor — Steven B. Grant 1590 1591 Vice Mayor — Woodrow L. Hay 1592 1593 Commissioner — Justin Katz 1594 1595 Commissioner — Christina L. Romelus 1596 1597 Commissioner — Ty Penserga 1598 100483112.1306-90018211 40 Page 702 of 896 1599 1600 ATTEST: 1601 1602 1603 1604 Crystal Gibson, MMC 1605 City Clerk 1606 1607 1608 (Corporate Seal) 100483112.1306-90018211 41 VOTE Page 703 of 896 TO: Chair and Members Planning & Development Board FIND: Michael Rumpf Planning and Zoning Administrator DATE: December 14, 2021 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 4, Article IV. Sign Standards, that update the City's Sign Regulations intended, in part, to increase allowable sign types; add flexibility to, and further incentivize the use of sign programs in multi -tenant and planned developments; add provisions for shared signage to increase awareness of secluded industrial businesses; decrease minimum sign setback requirements; and establish rules for "human" signs. BACKGROUND This project to update the Sign Code was initiated as a result of repeated inquiries from businesses and sign contractors related to the stringent nature of the regulations including its lack of flexibility. A City staff team from the Development Department and City Attorney's Office initiated the project with the following targets or objectives: • Logos and graphics, with an emphasis on maximum area and awning signage; • Consider options for expanding criteria for color flexibility; • Sign Program provisions that allow more flexibility; • Signage trends and business needs; • Consistency with state regulations/preemptions and legal precedence; • Flexibility in minimum sign setbacks; • Accommodate signage options for secluded industrial pockets; • Consider increasing provisions and standards for digital/changeable copy signage; and • Consider additional relief standards as an option for increasing flexibility In lieu of presenting the amendments in a typical workshop setting, staff has proactively reached out to possible "stakeholders" requesting feedback on the proposed amendments. To date, the following actions have been taken to obtain comments on the City's Sign Code: Placement of notice on the City's website with project description and instructions for obtaining the draft regulations (September 27th); E-mailed 16 sign contractors listed in the City's permit records providing a project description and instructions for obtaining the draft changes and providing comments (October 5th); Page 704 of 896 Sign Code Update • E-mailed a draft version of the revised Code to the Planning & Development Board allowing extra time for a more thorough review, and encouraged providing feedback in advance of the Board hearing (October 51h); • Presented the project and proposed amendments to the Business Development Board via their monthly "Business over Coffee" meeting (October 71h); • Presented the project and proposed amendments to the Chamber of Commerce's Governmental Affairs Committee (October 281h); and • Planning to present the project to the Downtown Business Coalition (December, date TBD) PROPOSED AMENDMENTS The following is a summary of the proposed changes organized under the following headings: "Sign Options", "Flexibility & Visibility", "Other" and "Clean-up/House Keeping". It should be emphasized that except for the amendments regarding human signs (a.k.a. "sign walkers" or "sign wavers"), most other notable amendments are intended to benefit the business community with reduced restrictions and added flexibility, rather than increasing regulations and constraints. Sign Options EMC (aka digital signs) — Proposed are amendments to the Sign Code, and the elimination of corresponding prohibitions, to allow electronic message centers (EMCs) on conforming monument signs located outside key corridors of the Community Redevelopment Area (CRA). Standards proposed for EMCs, in part, would also regard maximum sign area (i.e. percent of the total sign area), address maximum lighting intensity, require auto dimming relative to ambient lighting and a default message in response to a malfunctioning ECM, and regulate hold time and transition style. The parent sign must be conforming to City standards (except for minimum setback), and if applicable to the subject property, part of a current sign program. Benefits of an ECM option include enabling the expansion of tenant capacity without increasing sign size, increasing advertising opportunities and business promotions, and further incentivizes the use of a required sign program or updating of an outdated sign program. "A "- frame — The addition of the "A"- frame sign option would enhance pedestrian environments and the streetscape and is planned to be introduced to business through limited styles provided by the CRA and City staff. This temporary sign would be excluded from the maximum sign area calculations, and would be regulated, in part, by locations and size. Canopy signs (body) and deregulating canopy sign rules An awning valence sign is currently allowed in the Code, and the revisions propose to also allow an awning "body" sign and flat canopy signage. High quality graphics is being required. Industrial Subdivision (see corresponding item under Flexibility/Visibility) Gas pump canopy The Code has been silent to the regulating of gas station signage on pump canopies. The proposed regulations would provide a maximum limit on the area of the canopy to be occupied by signage. Flexibilitv & Visibili -2- Page 705 of 896 Sign Code Update Allow internally -illuminated signs in residential zones The existence of non-residential uses in residential zoning districts located along major roadways warrants the ability for such uses to have the illuminated sign option that is currently prohibited. A church located on Hypoluxo Road, located within a Planning Unit Development Zoning District, recently experienced the current constraints of the City's sign code which further prevented visibility of a sign that is forced to have an excessive setback from the abutting roadway due to the bifurcating drainage canal that separates the church property from passing motorists and the church's entrance. Excluding design enhancements from height measurement — To add further design flexibility to the regulations, staff proposes to exclude design enhancements at the top of signs from the height measurement, along with the extensions of the sign to accommodate the property address. Increasing wall sign area allowed for small stand-alone commercial buildings — Maximum "wall" sign area allowed is a factor of linear dimension of the building or tenant space. The amendment is intended to prevent the sign code standard from restricting sign area on small buildings to a less visible size than allowed at larger buildings. Reduction in minimum sign setback standard The minimum setback from a property line is currently 10 feet for site signs, which, given certain property or site characteristics, may prevent proper orientation of a sign for maximum visibility, or preclude the siting of a sign all together. The proposed reduction to 5 feet is accompanied by performance standards that allow case-by-case staff review to ensure that safety and visibility to other signage and streetscape elements are not jeopardized. Incentivizing the use ofawning signage — The proposed regulations exempt canopy body signage from the total allowed project signage, to promote the use of this new signage option. Neighborhood Signage (planned communities) — The recent experience involving one of the large Leisureville communities attempting to obtain approval to replace their outdated and non -conforming, internal directional and informational signage, inspired this aspect of the proposed amendments. The amendments recognize the self-serving purpose of such signage, and therefore introduce greater flexibility with varied sign options, ample sizes, unrestricted quantity, eligibility for ECM signage, landscaping flexibility, and would be able eligible to request sign program approval to further ensure access to the sign options and design alternatives beneficial to meeting the community's needs. The principal limiting factor on such signs is the requirement to be located within the community, and not located on abutting collector or arterial roads. Expanding color and font style options for registered businesses and not just nationally -registered businesses Current regulations limit sign colors to a maximum of two in addition to black and white, except for trademarked signs and business brands. The proposed amendment would also offer similar options to state registered businesses. Allowing for deviations from sign standards within sign programs The most notable of the proposed amendments is a significant change to the Sign Program rules. The sign program provisions were written only to achieve consistency in project signage with multiple tenants, while following all the sign standards and requirements of the general section of the Sign Code. This proposed revision would allow considerations for deviating from the basic standards (number of and location of signage, size/area of signage, etc) when adequately justified and compliant with the purpose and intent of the Sign Code with -3- Page 706 of 896 Sign Code Update respect to intended aesthetics and compatibility. The amendments would also allow for the filing of a sign permit by a new tenant before the sign program is requested or approved, to prevent delay in achieving the needed visibility when starting -up. Industrial Subdivision Entry and Shared Entry Signage — This new signage option represents a sharp contrast to conventional and long-standing sign regulations that prohibit business signage that is not located specifically on the same property from which the business operates. More commonly known as "off -premise signage", the proposed regulations make an exception to the conventional rule to allow or facilitate signage for entrances to secluded industrial areas with a main entry (or entries) on an abutting arterial or collector roadway. Some of the existing industrial subdivisions that fits this description were not planned to accommodate entry/development signage. The proposed provisions would allow the addition of development or identity signage in an easement established on one or both properties at the entrance corners of the subdivision, without violating the off -premises sign regulations of the Code. Other Adding regulations/standards for Human Signs — The proposed standards introduces to the Sign Code boundaries on the use of human signs intended to maintain safety to pedestrians and motorists while respecting free speech rights. Exempting markers/signs for public art and historic properties — Such signs do not advertise commercial businesses or services and are part of the City's Public Art and Historic Preservation functions. Current size standards and other requirements, other than cross references, would be omitted. Excluding signs within urban areas from the standard landscaping requirements. Encouraging/Incentivizing the use or updating of a sign program Where applicable to a given development, an approved sign program is a pre -requisite to some benefits of the proposed amendments, including the use of an ECM, "A" -frame signs, and Neighborhood and Industrial Subdivision Signage, for example. Requiring the removal of dilapidated signs for abandoned businesses — This proposed requirement also includes an exception to the removal rule, for signage recognized as a part of the City's Historic Preservation or Public Art programs. Clean-up/House Keeping Clarifying exemptions for City signage. Emergency order relief provision. Removal of Mural regulations for relocation and administration under the Public Art Program. Expanding the description of items that may be placed on business property to attract attention. Clarification of the review process (combined with site plan approval). Reducing redundancy/Increasing user-friendliness One example is the merging of two sections that have similar regulations (e.g. Mixed -Use Development Identification signage and Neighborhood signage sections). ME Page 707 of 896 Sign Code Update See Exhibit "A" for the proposed amendments as shown in the marked -up version of Article IV. Sign Standards. CONCLUSIONS/RECOMMENDATION If the subject amendments are approved, a very proactive implementation program is warranted to inform local businesses of the new opportunities offered by the updated Sign Code, as well as regular monitoring and evaluation for the achievement of intended objectives. It is anticipated that successful exposure to, and consideration of, the new Industrial Subdivision Signage provisions will require city staffs engagement with local businesses and owners associations. At minimum, such involvement by city staff is needed to facilitate dialogue among operators, assist through the review processes, and even to explore local funding sources. In addition, the proposed amendments require coordinating with the CRA to establish acceptable targeted "A" -frame sign options, and warrant follow-up amendments to other sections of the Land Development Regulations including Chapter 1, Article IL Definitions for the addition of new terms and updated graphics. Also, Chapter 4, Article IL Landscape Design and Buffering Standards should be amended for consistency with the change in requirements for landscaping of signage in the urban areas. Lastly, staff will continue working to complete the transferring of the Mural Regulation out of the Sign Code and establishment of the Mural Policy and corresponding administrative guidelines. Staff recommends that the subject amendments intended to update the City's Sign Code be approved. Attachments -5- Page 708 of 896 REVIEW OF LAND DEVELOPMENTREGULATIONS SIGN CODE UPDATE DECEMBER 2021. Page 709 of 896 1111,111 111" 1 -regulations lack fie.xibilit , & options.... too stringent. fuir ass iiii °Iii liiiii 111111 111111 lAoft rilillft'll,lIFIFT � a i^ Awoft M, 11R, Page 710 of 896 E r rXRGE" rs & Old '11- ............... ................. 0 LoSpos & area and awniii ngs) Ol QI,,:.7)rfliuns fur iii increashng ccdIur usee and of hign jorogIrsualis Ccmns�stcwncy r,,�r"))f�zndates and bgW� �,,,,:.xrecedence Bumbless & siii gn iii; iii IIL iii III„r;'ti standards Page 711 of 896 'I & CA 4,0� r�,ends needs �"t If "I standards Page 711 of 896 411117S SUMMARY 101" Nill 01"FABLE AMENIIIDMENIII VIII' ° VIIIcariqpy, arid ""A . . ............... frarne &111i11'grls Sign for ii iii excqp°tiaris Setbadk reductiiii I= riAwoft Alillft'llll IF7, IM, 11R, Page 712 of 896 0''1" 11 E R A M E Nill D M E Nill "" I h an ara b I e ��m enti2n, S�peedhrig uIII igri iiiii iiiews ReirnoVhrig "VIII ftraVIII s", firarn ii iii ii iii fraim gerieraVl staridards hiistahic ariiii IIII Vlaques IIIII'IIIIIIIIIIIII; xIpiii dhrig siiVIII ,dill ,iiiii° I= riAwoft Alillft'llll IF7, IM, 11R, zj pl ARKET' Page 713 of 896 0''1" 11 E R A M E Nill D M E Nill "" I h an ara b I e ��m enti2n, III Addhrig exeirnIIIqtiari far ii iii ihri areas Aldbw excqqtiari for ur111 iri &111�11'grls ceirtaiihri s�pedi4l everit s�igriage Fraim ii iii imakihimuim INlade ii iii iiiii iii iliumakilium uim slll�li'gri area pehiod rdhief I= riAwoft Alillft'llll IF7, IM, 11R, zj pl ARKET' Page 714 of 896 .1. S a '' AAPPROVAL 11116°° iiiii iimote U[thimate driges 11116"'°°°11111 ir ass iii °iiiii iiiii g Wi°thIIII iiiii iiiii rd iii iiiii °iiiii IIIII'��IIIIIIIIIIIII; VIII IIIII'IIIIIIIIIIIII; VIII use, IIII VIII iiiii iiiii a VIII ihimIpact II iiiIllll iiiii°IIII IIID iiiiiiiiiiIIII VIIIiiiiiiiii°,, °iiiii iii e IIII iii iii iii Aim,drid otheir11116 ,11111' IIID ir mrisiist,dricy iii iiiii erit a VIII (IIII staff affected Page 715 of 896 ARM ri III II °� IIIIIII III III SI'llI. III IIIA IIIA III IIIA Ilr° �III� � III " III IIIA Ill�lii IIIA . � lii IIIA L... . �IIIVI Ill ;111111° ilii ....IIIa S.III Illi lii Illi ilii 111 Ill; Cllr°Iii IIIIII IIL..... VIII III IIIIIIIlii Ilr° III.... Ilr°Illlii III; ;III III August 20,16 III III III Ill; llr°Iii .III III IIL..... III r° 111 Cllr° III A. III....III III III::20,10 IIL III III III III III .IIIIIL... rl IkIIr . IIL.. III III Ilh..... III20,16 .III �:....g..IIL,.:..!!L.ill.............. ; ;..IL .............: .... III \A/63cast I,Bias, VAy 2021 II Ilh..... III IIIA Iii IIIA . ... .... IIIIII IIIA ,� ilii IIIA IIIA � � III; ;III III �. IIIIII IIIA VIII°° �III� IIIA VIII°° � III : IIIr peIrnIII,t qaplicatiaris and staff carnirnen,ts I= Awoft Al"I l,l a a i^ FriM, IFR, r ii- Mfg Page 716 of 896 Page 717 of 896 AM Public Hearing 1/4/2022 Requested Action by Commission: Proposed Ordinance No. 21-032 - Second Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, revising Chapter 1, Article 11. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3.D. Use Matrix and Notes as necessary to show compliance with, and implement new state laws applicable to Home-based Businesses. City initiated. Explanation of Request: On July 1St of this year, new state law became effective under the initiative of House Bill No. 403 that, in part, limit the regulatory authority of local governments over Home-based Businesses. In general, the new laws essentially allow any business, including retail sales, to be operated at a residential property with the only rules or standards applying to or involving number of employees, vehicle parking, physical appearance, performance standards (e.g. noise, vibration, heat, smoke, dust, glare, fumes, etc.), and the storing and handling of corrosive, combustible, flammable or hazardous materials or liquids (See Attachments for HB 403.) While most aspects of the new state laws represent a more liberal regulatory system for Home- based Businesses, the laws do exceed the standards of the City by prohibiting the parking of vehicles and trailers used in the operation of the business, in the abutting right-of-way and sidewalk, and on any unimproved surface. PROPOSED AMENDMENTS _The chapters and sections of the Land Development Regulations affected by these proposed amendments include Chapter 1, Article II. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3-D. Zoning Matrix and Matrix Note #34.The proposed amendments to City regulations are intended to show compliance with, and administer the new state laws, and establish some acceptable quantifiable criteria to ensure that the intended business activity is, and remains "secondary" to the use of the property for residential purpose. Specifically, the proposed regulations: • Set a new maximum percentage of the area of the home that can be used for the business (increasing the current maximum of 20 percent to 50 percent); • Indicate that use of the standard or common spaces that make-up a residential use (i.e. bedroom or kitchen) cannot be used by the business in a manner that precludes the use of such rooms as intended for residential purpose; and • Emphasize the need for sufficient parking capacity in the driveway (per city regulations) if use of the garage for the business precludes the use for vehicle parking. See Exhibit for the proposed amendments to the above -referenced sections, shown in underlined and cross - Page 718 of 896 out to)d. CONCLUSION/RECOMMENDATION- In ATION In collaboration with the City Attorney's Office, staff has prepared the subject amendments, and recommends they be approved to reflect consistency with, and implement the new Florida Statutes Section 559.955 applicable to regulating Home-based Businesses with the City of Boynton Beach. The Planning & Development Board reviewed the subject item at its November 24th meeting and forwards it with a recommendation for denial. The Board acknowledges the pre-emptive impact of new state laws on the City's regulating of home-based businesses; however, their position is construed to hope that the City could have more specific standards that could regulate the possible intensity of the business and/or area of the home that can be used for the business. The City Commission approved these amendments on First Reading during the December 7, 2021 meeting. How will this affect city programs or services? I mpacts of the new state law on the City's home-based business review and approval processes, and the demands on Community Standards function is difficult to project given the lack of clarity and limits of the law. 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: Attachments: Type D f firdliir:air CE) D Staff IRE)p.:irt D Attach irTIEN11t D ArT1E)i:drT1E)1[':f Description f firdliir:a l['IC2, a irTIE)i:dliir g I UIR w: EICUOIIIS 0111 Ih oirTIEs ba SE: ,d IbL.ai§i1r1E)S E)S Staff IRE)p '.:ir t I 110L.a SE) IB li llll 403 Fl rol c. SE: ,d ArTIE)i:dirTIENI'ItS Page 719 of 896 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, CHAPTER 3, ARTICLE IV, SECTION 1. 8 OPERATIONAL PERFORMANCE STANDARDS, AND CHAPTER 3, ARTICLE 9 IV, SECTION 3.D. USE MATRIX AND NOTES AS NECESSARY TO SHOW 10 COMPLIANCE WITH, AND IMPLEMENT NEW STATE LAWS APPLICABLE 11 TO HOME-BASED BUSINESSES; PROVIDING FOR CONFLICTS, 12 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 13 14 15 WHEREAS, On July 1 st of this year, new state law became effective under the initiative 16 of House Bill No. 403 that, in part, limit the regulatory authority of local governments over 17 Home-based Businesses; and 18 WHEREAS, the new laws essentially allow any business, including retail sales, to be 19 operated at a residential property with the only rules or standards applying to or involving 20 number of employees, vehicle parking, physical appearance, performance standards (e.g. 21 noise, vibration, heat, smoke, dust, glare, fumes, etc.), and the storing and handling of 22 corrosive, combustible, flammable or hazardous materials or liquids; and 23 WHEREAS, while most aspects of the new state laws represent a more liberal 24 regulatory system for Home-based Businesses, the laws do exceed the standards of the City 25 by prohibiting the parking of vehicles and trailers used in the operation of the business, in 26 the abutting right-of-way and sidewalk, and on any unimproved surface; and 27 WHEREAS, the City Commission of the City of Boynton Beach has considered the 28 recommendations and has determined that it is in the best interest of the citizens and U S:ACA\Ordinances\LDR Changes\LDR Aiuendiuent (Ch 1 And Ch 3) Hoiue-Based Businesses - Ordinance.Docx Page 720 of 896 29 residents of the City of Boynton Beach, Florida to approve the amendments to the Land 30 Development Regulations as contained herein. 31 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY 32 OF BOYNTON BEACH, FLORIDA, THAT: 33 Section 1. The foregoing whereas clauses are true and correct and are now ratified 34 and confirmed by the City Commission. 35 Section 2. City of Boynton Beach Land Development Regulations, Chapter 1, 36 "General Administration", Article II "Definitions" is hereby amended as follows: 37 38 HOME..... -,IIIA.........S11F.II ......1113U I�,INIIFSS - T"^ �„9 R 4•„ ,;4 ... 39 =' Win. ;bQ irar ~ ~ d i+si. ~ -, 40 ` . ~. y .......of'........... 41 ~, ....: ~....... ~ .. ~ .e--E~.n..........~ ........ ~...ve. ~.nd. 42 e. I .Ani OC Cu , at o I , n0fe s slt3r� ac i i or use that I s a secondar and Incidental ..................................................................................................................................................................................................................................................................................................................................................................................................................................... 43 use of a re slderitia1 . n0 , en(, anlC� Ic %,t3nlC�uCdeC� t3nl ,(ie , n0 , en(, wl ,(i aCd IVH anlC� Inl ,enlc I , ................................................................................................................................... .................................................................................................................................................................................................................. ................ ................... 44 similar to the active y and irAerislt of a home where no home-based business Is conc�uc�ec� 45 and Wit, i0ut, ("iaVIn1C a n1eC ative i , act On the residential tial character and architectural46 aesthetics of the 47 48 Section 3. City of Boynton Beach Land Development Regulations, Chapter 3, 49 "Zoning", Article IV, "Use Regulations" Sec. 3. Use Regulations, Sec. 3-D. Use Matrix (3-D), and 50 Zoning Matrix Note #34 are hereby amended as follows: 51 52 53 54 2 S:ACA\Ordinances\LDR Changes\LDR Aiuendiuent (Ch 1 And Ch 3) Hoiue-Based Businesses - Ordinance.Docx Page 721 of 896 55 56 (3-D) Ch. 3. Zoning, Art. IV. Use Regulations, Sec. 3. Use Regulations, Sec. 3-D. Use Matrix 58 59 ZONING MATRIX NOTES 60 Sec. 3-D Use Matrix Notes - Note #34 -ba_ ,ed busir1ess. 61 34. Home.... �•�a............................................................................................ 62 a. Home w .b,a-s, .dbL..]s„i„r], .s.ses.. shall be permitted subject to these specific 63 regulations d : ` i_r,;te.nc�, d t,c�••••••pi .�>...rv......��_r�,c�....; ..protect` . residential 64 neighborhoods „r,c......1..�r...p.1... r...r�:....��„r�,c�...... nforc;,i_r�,Cjap livable stake laws.; 65 ..... -.k. --..- : wh .n - .....`. re. ` . e ... ` 66 . In order for any homecs,ca,„>„i„r,.>.>, to be permitted or 67 continue to be permitted, the following performance standards shall be agreed to in -,`� a� 68 writing..... ....... _ .. '._ ., >...... -'. -,. - -..,. 69 PC -en : 70 (1) Compatibility. I.........L..]s!..r]..>_>.....ac;t.!.vj.:�y..._> ..i I..1.........._> c,.o,r7,c�.a.[ �o the use of the . ro. er'� 71 a_s••••,a•••••,r..es der];t;,i,aI••••_dwe'•1_I••i•,r,r and T�,he residential character and integrity of the 72 neighborhood must not bed`. --bi—_dd ,r r d d .G2y the business activity. As viewed 73 frorrr....:t:.��......str .:t:....or..-��,�i,ua,��,i-r7,C ropertie - the occupational activity.t�.r�.....:�,f�, 74 ro . er'te . +-shall be corisisterit with the uses of the residential areas .p...................................................................................................................................................................................................................................................................................................................................................................................... 75 1,,Li,��.:t:..._>_�a•,r,r,c�,�a•,r7,c�....:t: Ie......k2..rc2.k2..c:(:y.::+� 76 (2) Size. A home occupation shall only be conducted ��,�>,,,,,��,,,,,� c;,orl,c�,ary,,,,,��„c�,i,v,i„�;y,,,,,ua,�>,i„r�,g 77 .1ess.....:t:. �.ar�..... :f.:f�y y percent ( :`�,(),%) of the • . . _, � � . rincipaI 78 dwellingar7c� ar7 a .. roved accessor structures on the . ro . er't �w ............................................. 79d S:ACA\Ordinances\LDR Changes\LDR Aiuendiuent (Ch 1 And Ch 3) Hoiue-Based Businesses - Ordinance.Docx Page 722 of 896 Indu Residential Commercial Mixed -Use stria I Misc P= Permitted C= m Conditional ccessoryoc oc oc oc o� o� a v v v v v CL vii a s CWe RESIDENTIAL & LODGING Home P P P P P P P P P P P P P -, 34 34 34 34 34 34 34 34 34 34 34 34 34 3ased 3usiness 58 59 ZONING MATRIX NOTES 60 Sec. 3-D Use Matrix Notes - Note #34 -ba_ ,ed busir1ess. 61 34. Home.... �•�a............................................................................................ 62 a. Home w .b,a-s, .dbL..]s„i„r], .s.ses.. shall be permitted subject to these specific 63 regulations d : ` i_r,;te.nc�, d t,c�••••••pi .�>...rv......��_r�,c�....; ..protect` . residential 64 neighborhoods „r,c......1..�r...p.1... r...r�:....��„r�,c�...... nforc;,i_r�,Cjap livable stake laws.; 65 ..... -.k. --..- : wh .n - .....`. re. ` . e ... ` 66 . In order for any homecs,ca,„>„i„r,.>.>, to be permitted or 67 continue to be permitted, the following performance standards shall be agreed to in -,`� a� 68 writing..... ....... _ .. '._ ., >...... -'. -,. - -..,. 69 PC -en : 70 (1) Compatibility. I.........L..]s!..r]..>_>.....ac;t.!.vj.:�y..._> ..i I..1.........._> c,.o,r7,c�.a.[ �o the use of the . ro. er'� 71 a_s••••,a•••••,r..es der];t;,i,aI••••_dwe'•1_I••i•,r,r and T�,he residential character and integrity of the 72 neighborhood must not bed`. --bi—_dd ,r r d d .G2y the business activity. As viewed 73 frorrr....:t:.��......str .:t:....or..-��,�i,ua,��,i-r7,C ropertie - the occupational activity.t�.r�.....:�,f�, 74 ro . er'te . +-shall be corisisterit with the uses of the residential areas .p...................................................................................................................................................................................................................................................................................................................................................................................... 75 1,,Li,��.:t:..._>_�a•,r,r,c�,�a•,r7,c�....:t: Ie......k2..rc2.k2..c:(:y.::+� 76 (2) Size. A home occupation shall only be conducted ��,�>,,,,,��,,,,,� c;,orl,c�,ary,,,,,��„c�,i,v,i„�;y,,,,,ua,�>,i„r�,g 77 .1ess.....:t:. �.ar�..... :f.:f�y y percent ( :`�,(),%) of the • . . _, � � . rincipaI 78 dwellingar7c� ar7 a .. roved accessor structures on the . ro . er't �w ............................................. 79d S:ACA\Ordinances\LDR Changes\LDR Aiuendiuent (Ch 1 And Ch 3) Hoiue-Based Businesses - Ordinance.Docx Page 722 of 896 80 81 Tthe , nr7cl , al situ >e >�iall rite, be used for the business in a manner that , reVeri��> ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... 82 on a dail basis the use of that s ,ace as it i s intended for residential , ur. oses. ..................................................................................................A................................................................................................................................................................................................................................................................................................................................................................................................................................ y p p p 83 T,11,eC ei_YeiC e rrra be a SeC� t,t3 su , , t3rt, t,lie bulriecc aCtlVlt, Iri lieu of its Intended 84 uar. t3 se ac vehicle stt3r�i,C�e, If t�iere rerrlalric Ca , aClt for the rrllrilrrlurrl re ulred ?.............p.....................................:.......................................................................................... w p y q 85 ,,,.� dJ.1ined and a , , roved 86 ur uei,li „ ,c,l ,y >tar�clarcl >. Al t3, see Iterrl beNOw re andm "Parkin 87re..q.ua..l..r,e,rrr,e„r7;.` 88 (3) On-site Restrictions. The home 4 ` ,;,,,;,,,,a s,ec b u„sI,r1ess shall e conducted at 89 the approved address only by residents of that dwelling unit anda r.i.axJr.r.].L..irr,, 90 of two non-resident erre . to ees. 3usir�ess activit ir7volvir7t I[r7teractior7 wish ...................... p......................................................................................... V....................................................................................................................................................................... 91 cup>tt rrrc.r S c I.J.2 r] t 5 a s s o f,1..:e.>......t.r..._(:..e......1...!.I.<...c.A..........h .l..I......ori„I, be conducted within the 92 p.r.!.r�.c!..p.��.�......>,.rua..c.ua..re....,” .. , �y„ r,,>v,, �.... _ .....; 93 .` .. ..... its 'fie.....h.. - `.5 >-•,,, L , ..� ....# :, ..-.. ` s 94dam^°'$ �' te!. ra..a....f.�e `. ..+v.` .... :....` ....: `.d -U 95 96 97 4 Performance Standards. A horne-based business shall o .erste in full cora . liance ().................................................................................................................................................................................................................p...............................................................................................................p........................................ 98 w.!.::. 1.....re..q.ua.!..reme.ri.:t:.>.....t�:f...:t:.he......I ��„r7,c�........e•v•e..�_t�..p.rr�.er�.:�:..... ,c�ulatic�r7s, Chapter .:3, Article N. 99 rho equipment or process shall 100 be used in a home.-..: o-eew p-atk)-R�i,��se.c�,,,,,,bua,�>,ine.�>.s that creates fumes, glare, noise, 101 odors, vibration, --r-electrical interference A.....etc w.L].icb.,,,,.are: detectable to the normal 102 senses off the... p.e„r;(; thereb creatir7 a r7uisar7ce car hazard tc r7ei hborin 103 re.s.ide,ri.ts In the case of electrical interference, no equipment or process shall be 104 used which creates visual or audible interference in any radio or television 105 receivers off the premises ..... ..e.....ua..>.e.A........arid .....%.r.g.....t..r.....>. t,.r .g.e......t:.....rjycorrosive, 106 corrrbustible or other hazardous or flarrimable materials or Ii uids roust cora . I ...................................................................................A...................................................................................................................................................................................................................................................................................................................................................................................................................................................... ......... q py 107 .i.:t:.��.....��..l...l......a..�,i.c.��..I.e.....I..c�c,��..I. �>�,��;�.e......t�.r....:fec�,.e.r��.l......re.��alations. 108 (5) Traffic. No p.�.[ji-ngt-r -fic. shall be generated by a home,.-.�i,��se.c�,,,,,,bua,�>ine.>.s 109 eEE' ) ` . that would riot riorrrrall be ex. ected at a sirrrilar residence where rio ...................................................................................................................................................................................................p.......................................................................................................................................................................................................................................................... 110 .L.I. s!.ri. e>>....!.>...,,c;,or,dL..]c,tec�...::..` .. a ........ �.: - .... III ,:6 Any vehicle or trailer a sed too ,erste the business grid ............................................................................................................................................................................................................................................................................................................................................. 112 store C� , arl<ecI t3ri file , rerrllses rrlust be , arl<ecI Iri C�esIC riateC� , arl<IriC s , aC es ariC� ....................................................................................................................................................................................................................................................................................................... 113 not within the rit ht -of- wa on or over the sidewalk or on ar7 ur7irrr .raved 114 surfaces at the resideri.ce. This includesand or landsca . ed areas and the drainac e 115 Swale. Parkin c , eiCec t3ri t,lie , ro, ert, rYlut be Iri Corry ,Ilarite with the 116 re ulrerrlerit,c for the rec , eCtlVe re slC�eritlal a se ac IriC�ICat,eC� Iri ” - a ................................................................................................................................................................................................................................................................................................................................................................................................................. 117_` �,•. t....,. �,J, , .... _ ......�,ii �•, �•„>f_ 118�” { � ..- 4 -Chapter 4, Article VI....t�:f...:t l �.e.....u:::::��,.r7.c�.......eve.l,.c�,p.� r.e.rrt 119 Recjulation�.. J[r� addltiorl truck parl<Ir�c t ri the prt per'Uy rrru >t alp>t rrralr�talr� 120 cora . liar7ce with the re uirerrierits of the Cade of Ordir.iar�ces Part 2 Cha . ter 14. ....................................................................................................................................................................................................................................................................................................................................................................................................................... A............................................. A................................................................................ p q p S:ACA\Ordinances\LDR Changes\LDR Aiuendiuent (Ch 1 And Ch 3) Hoiue-Based Businesses - Ordinance.Docx Page 723 of 896 121 (6) Storage. All storage of materials or supplies used in the home occupation x"- 122 49m..... 123 shall not be visible from adjacent residential 124 u nits �C:tfs street. #a- +-4 y �h ,�. k .........:....... - 125�a ~ ~ : ........� w, ~, rd. ~ .......yi . . 126 ac..ti*44eq T,Lr arare ma be used for the storage of vehicles, materials ar�d 127 su ..lies that su ..ort the busir7ess activit aril if there rerrrairi ca . acit for the ..............................................................................................................................................................................................................................................................................e................................................................................................................................................................................................................................................. pp pp y y p y 128 rrrir7irrrurrr re wired . arkinr s . aces for the house on driveway surfaces desir tied ..................................................................................4..................................................................................................................................................................................................................A............................................................................... 129 and a .-y .. roved . ur )u,� r7 o City )tarldarcf ). ............................................................................................................................................................... y 130 (7) Signage. No sign, display g.r....�..L1 ob`ect used to advertise thebusiness W shall be 131 .p..k�.g.d....!..rl....:I .....ya.r.d r.....2r7.....ar7,�. nr7c;ipa or ecce.>.>ory .>truc�ure v�-. ���,��-�,x.+�......a 132 +� ~ . ` ~ ~ ~ „-r „��„ 133 ex4t-r4wa-df.....te..... ���r+44�..... {atirx trc e. 134 (8) Parking. A panel, pick-up truck, van, or similar type of truck that complies with the 135 requirements of Chapter 14 of Part II, Code of Ordinances and used principally for 136 the subject home occupation, may be parked in a residential zoning district.,ny, 137 vehicle or trailer used too .erste the business and stored . arl<ecf ori the . rerrrises ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ p p p 138 rrr,LaSt,,,,,Gds ......p.��„r,l< c�.....j..r7.....c�..�>j.g.r7,��;�; c�.......p.��,.rl<,i,.r7,r s . aces and riot within the rir ht-of-wa on 139 or over the sidevL.aI1<,,,,,_ol on arl ur�irrr . roved surfaces at the residence. This 140 ir]cludes and or lar�cf sca . ecf areas and the drainar e Swale. Parkinr s .aces on the ...........................V.................................................................................................p.............................................................................................................................................................................................................................................. 141 p,EQQ.. -r:(;y rrrust be ir7 corrrpliar7ce with the requirerrrer7ts for the res . ective 142 residential use as indicated in the I....and Develo . rrrer�t Rer ulatior�s Cha .ter 4 ............................e......................................................................e.. p p 143 Articles V arc.. VI[ ar�cf a.. licable technical cfrowers. W -E) Such vehicles or ......................................p................................................................................................................................................................................ .................... 144 1r� Ller,smust be used by a resident of the premises;,,r,,,,,c�;t;,her,,,,,bua„r>,ines,�>,,,_op, _r��;�;,c�,r,,,, 145 and no more than one (1) such truck shall be located on the premises. 146 (9) Miscellaneous. A home occupation shall be subject to all business tax provisions 147 defined in Part II of the City Code of Ordinances. 148 Section 4. City of Boynton Beach Land Development Regulations, Chapter 3, 149 "Zoning", Article IV, "Use Regulations" Sec. 3. Use Regulations, is hereby amended as follows: 150 Sec. 1. Operational Performance Standards. 151 All existing and subsequently considered uses ..-of,,,,,�,,rc�..p...r:(;y,%,rI.,c,,l„ua,c„i„r,r resicfer�tial ar�cf horrre- 152 b. as, .dbLa-sir]ess..r located within the city shall conform to the operational performance 153 standards set forth below, and shall be constructed, maintained and operated so as not to 154 differ frorrr what is considered corrrrrror] withir7 the irrrrrrediate area and not r]oticeable to .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. 155 �......��. 9..r ........::.... ..p..r .r>...r:.r>.....a nuisance or hazard to...:t,.r .....ri.or.r.r.]a..I....-s ..r se s... -of. persons;....s-2d. animals; 156 vel ~ w ._ted ....c�.r�,,,,,adiacent or nearby properties or rights-of-way; or to 157 interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of 158 noise, vibration, smoke, dust or other particulate matter; toxic or noxious matter; odors, S:ACA\Ordinances\LDR Changes\LDR Aiuendiuent (Ch 1 And Ch 3) Hoiue-Based Businesses - Ordinance.Docx Page 724 of 896 159 glare, heat or humidity; radiation, electromagnetic interference, fire or explosion hazard, 160 liquid waste discharge, or solid waste accumulation. Furthermore, no use shall be carried 161 out so as to create any nuisance or hazard which is a violation of any applicable federal, 162 state, county, or city law or permit, and all such laws and permits are hereby adopted as 163 performance standards in these zoning regulations. 164 Section 5. Each and every other provision of the Land Development Regulations 165 not herein specifically amended, shall remain in full force and effect as originally adopted. 166 Section 6. All laws and ordinances applying to the City of Boynton Beach in 167 conflict with any provisions of this ordinance are hereby repealed. 168 Section 7. Should any section or provision of this Ordinance or any portion 169 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 170 affect the remainder of this Ordinance. 171 Section 8. Authority is hereby given to codify this Ordinance. 172 Section 9. This Ordinance shall become effective immediately. 173 FIRST READING this 7th day of December, 2021. 174 SECOND, FINAL READING AND PASSAGE this day of January, 2022. 175 CITY OF BOYNTON BEACH, FLORIDA 176 177 178 179 180 181 182 183 184 185 186 187 188 Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga VOTE YES NO 6 S:ACA\Ordinances\LDR Changes\LDR Aiuendiuent (Ch 1 And Ch 3) Hoiue-Based Businesses - Ordinance.Docx Page 725 of 896 189 ATTEST: 190 191 192 Crystal Gibson, MMC 193 City Clerk 194 195 (Corporate Seal) S:ACA\Ordinances\LDR Changes\LDR Amendment (Ch 1 And Ch 3) Hoiue-Based Businesses - Ordinance.Docx Page 726 of 896 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING TO: Chair and Members Planning & Development Board FIND: Michael Rumpf Planning and Zoning Administrator DATE: December 15, 2021 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, revising Chapter 1, Article 11. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3.D. Use Matrix and Notes as necessary to show compliance with, and implement new state laws regulating applicable to Home-based Businesses. City initiated. BACKGROUND/INTRODUCTION On July 1st of this year, new state law became effective under the initiative of House Bill No. 403 that, in part, limit the regulatory authority of local governments over Home-based Businesses. In general, the new laws essentially allow any business, including retail sales, to be operated at a residential property with the only rules or standards applying to or involving number of employees, vehicle parking, physical appearance, performance standards (e.g. noise, vibration, heat, smoke, dust, glare, fumes, etc.), and the storing and handling of corrosive, combustible, flammable or hazardous materials or liquids (See Exhibit "A" — HB 403.) While most aspects of the new state laws represent a more liberal regulatory system for Home-based Businesses, the laws do exceed the standards of the City by prohibiting the parking of vehicles and trailers used in the operation of the business, in the abutting right-of-way and sidewalk, and on any unimproved surface. PROPOSED AMENDMENTS The chapters and sections of the Land Development Regulations affected by these proposed amendments include Chapter 1, Article 11. Definitions, Chapter 3, Article IV, Section 1. Operational Performance Standards, and Chapter 3, Article IV, Section 3-D. Zoning Matrix and Matrix Note 434. The proposed amendments to City regulations are intended to show compliance with, and administer the new state laws, and establish some acceptable quantifiable criteria to ensure that the intended Page 727 of 896 Home-based Business (CDRV 21-003) business activity is, and remains "secondary" to the use of the property for residential purpose. Specifically, the proposed regulations: • Set a new maximum percentage of the area of the home that can be used for the business (increasing the current maximum of 20 percent to 50 percent); • Indicate that use of the standard or common spaces that make-up a residential use (i.e. bedroom or kitchen) cannot be used by the business in a manner that precludes the use of such rooms as intended for residential purpose; and • Emphasize the need for sufficient parking capacity in the driveway (per city regulations) if use of the garage for the business precludes the use for vehicle parking. See Exhibit "B" for the proposed amendments to the above -referenced sections, shown in underlined and cross -out text. CONCLUSION/RECOMMENDATION In collaboration with the City Attorney's Office, staff has prepared the subject amendments, and recommends they be approved to reflect consistency with, and implement the new Florida Statutes Section 559.955 applicable to regulating Home-based Businesses with the City of Boynton Beach. -2- Page 728 of 896 F L 0 R I D A H 0 U S E 0 F R E P R E S E N T A T I V E S ENRM..,L&D CS/HB403, Engrossed 1 1 2021 Legislature 2 An of relating to horne-based businesses; creat.ing s. 3 559.955, F.S;rohibitr ing local.. governments from. fro .P 4 takimg certain actions relating to the licensure and 5 regulation. of 'home based busimesses; specifying 6 condit.ions under whi,ch a busimess is considered a 7 home based business; defining the term "heavy 8 equipment"; authoriz-Lng home based bus.inesses to 9 operate in areas zoned for residential -use; specifying 10 that home-based 'businesses are subject to certain 11 business taxes; authorizing adversely affected current 12 or prosu P - ect..i..ve home based business nr ess owes to challenge . 13 certain local. government actions; authorizing the 1.4 prevailing party in. such challenge to recover 151 s- ecified attorney fees and costs; roviding that .P P 16 certain. existing and future res.-.-Ldential association. 1.7 declarations and documents are not superseded by the 18 act; providing that certain local laws, ordinances,, or 1.9 regulations are not are not superseded; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 559.955, Florida Statutes, is created 21 to read- 29,� CODING: Words MOGken are delefionsN words undefted are addlifions.. Page 729 of 896 F L 0 R I D A H 0 U S E 0 F REP RE S E N T A T I V E S ENROLLED 0S/IHIB403, Engrossed 1 26 559.955 Home-based businesses; local.. . ................... _92y2Enm nt 27 restrictions..-_ 23 estrictions.-- 28 (1) Local governments may n..2t enact or enforce 29 ordin.a�.nce, �reulation, or polic or take any action. to license 30 or otherwise re ulaLe a home-based business in violation of this 31 section.. 32 (2) A home-based businesst.h&t op :rates from a res.idential 33 ction (3) 34 (a) May operate in anarea zoned for residential ase® 35 (b) Mall, not be prohibited, restricted . .......... regulated, or .................... 361 licensed in. a manner that is different from other businesses in. 37 a local j2y2,E���.risdiction, c exas otherwise 2rovided ...... ...... _ - ... �1_ a t- 38 inthis sect.ion. .. .. ......... 39, (c) Is only sRb`ect to S licable business taxes under j_ �pp 40 the county and m.u:m-I..c.J..2a1.ity in which the home - 41 ......... 41 based busiLness is located® . . ........................... wwwwww 42 (3) For urposes of th.is secti.on, a business is considered 43 a home-based business if it operates, inwholeor in part, from .............. 44 a. residential 2ro.!2.ria: . .................. 45 (a) The y _�jmjjo ees of the business who work at the _L - 46 residential.. dwelling must a1so reside in the residential 47, dwel.1in , except thatpI.oyees or Of two em. 481 Inde en.dent contractors who do :not reside at the residential.. 49 dwelliLpmawork at the 'business. The business Ln,�,y ha. 50 additional.. re-a_oteem-)1ojjes that do :not work at the residential Page 2 of 5 CODING: Words f, F[GkA,,,')4I- are Metions; words wideiiihied are aftfions. hb0403-03-er Page 730 of 896 IF L 0 R V D A H 0 U S IF 0 F IFS EIP IF IFNTAT IIVES ENRO'T..,LED C3/H13403, Engrossed I. Mzu�� 51 dwel] LnQ - 52 (b) parkin,q related to the business activ.iLties of the . . .. .. ..... . . . ................. . ....... . .53 home.....based business corm. .l.... -Les with local zon..ing reguLrements and 54 the need for Dark.ing generated by the business may not be ..... . . . .. . . . . ................................. ............ 55 reater in. volume than would :normallbe expected at a similar Ires.idence where no business is conducted® Loca.1 governments may 57 re_qu.1ate the us.e of vehicles or -trailers operated or parked at 58 the business or on a street right -...of way, provided that such 59 regulations are not :more stringent than those for a residence 60where no business is conducted. Vehicles and trailers used in 61: connection with the business must be parked in. "Le qal p,a �kin(. 62 spaces that are not located w.ith.JLn the ri2ht-of-way, on or over ................. — 63 a sidewalk, or on. any uniLnproved surfaces at the residence. 64 Local qovernriaenjs_mru _reqj�late........ the parking or storage of heavy ......... ...... . 65 equipment at the business which is visible :from the street or 66 the term 67 "heavy equipment" means commercial, industrial-, or agricultural 68 vehicles, equi2ment, or machine 69 (C) AS viewed from the street, the use of the residential 7 0 Lpro)erty is consistent with the uses of the residential areas L . ..... . ... . ..... ___ ...... . ..... . — 71. that surround the pro ,perty. External modifications made to a 72� residentia.1 dwel.ling to accommodate a home-based busimess must 73 conform to the residential character and architectural 7 4 aesthetics of the L_e.: _hborhood. The home-based business may not . .............. 75 conduct retai.1. transactions at a structure other than the COMING: Words sMakeff are Mefions; words underhii'ied are addlibons. M0403-03-er Page 731 of 896 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/HB403, Engrossed 1 2021 Legislature 76 residential dwelling; however, incidental business uses and 77 activities may be conducted at the residential PropertV. 78 (d) The activities of the home-based business are 79 secondary to the aro:rert 's use as a residential dwellin 80 (e) The business activities comply with any relevant local 81 or state regulations with respect to si naQe and erLuippment or 82 processes that create noise, vibration, heat, smoke, dust, 83 Aare, fumes, or noxious odors. Anv Local rec,ulations on a 84 business with resect to noise, vibration, heat, smoke, dust, 85 _glare, fumes, or noxious odors may not be more stringent than 861 those that ani l toa residence where no business is conducted. 87 (f) All business activities comply with an.y relevant 88 local, state, and federal regulations with respect to the use, 89 storage or disposal of any, corrosive, combustible, or other 90 hazardous or flammable materials or liquids. Any local 91 regulations on a business with respect to the use, storage, or 92 disposal of any corrosive, combustible, or other hazardous or 93 flammable materials or liquids may not be more stringent than 941 those that apply to a residence where no business is conducted. 95 (4) Any adversely affected current or prospective home - 96 based business owner may challen e any local government action 97 in violation of this section. The Breva jli arty.. a 98 challenge may recover reasonable attorne° fees and costs 99 incurred in challenging or defending the action, including 100 reasonable appellate attorney fees and costs_. Page 4 of 5 CODING: Words 9;,, °p.dc!P.p are deletions; words u! il'�ldgji�i are additions. hb0403-03-er Page 732 of 896 F L O R I D A H O U S E O F ENROLLED CS/HB403, Engrossed 1 R E P R E S E N T A T I V E S 2021 Legislature 101 (5) The a lication of this section does not supersede: 102'I (a) Anv current or future declaration or declaration of 103 condominium ado ted pursuant to chapter 718, cooperative 104 document adop.ted.pursuant to chapter 719, or declaration or 1051 declaration of covenant adopted )ursuant to chapter 720. 106 (b) Local laws, ordinances, or reuulations related to 107transient public lodging establishments, as defined in s. 108 509.013 (4) (a) l., that are not otherwise areem ted under chapter 109 509. 110 Section 2. This act shall take effect July 1, 2021. Page 5 of 5 CODING: Words &WskFo are deletions; words iiinderhii°u�i , are additions. hb0403-03-er Page 733 of 896 EXHIBIT "B" HOME OCCUPATION REGULATIONS (Home-based Businesses) DEFINED: Code of Ordinance, Part III LDR, Ch. 1. General Admin., Art. II. Definitions BUSINESS - ml fW epefa i.GH ef-a+it iuki':.1...uRd/i-m� W. ... o........" ro . ^ w inside ?.. " .. gym, ..,.� . ue.mi�uP ��f �: : �:.000��i.e 1 �ur:liw'm ��'f"�..1141U�ef.� ���ft..,�'�'u:uiu.�;�..':*'w'':v':m�'iG'e IIV..�rle: t4at m.� W � , W .m... ri � .. m � w m.......... "IU"F. ... ' up .m. a .I���U .. , wf�e ",. � rth""" ..I I:.S.."':ulw°:: � ries . use f '�w':f eFty..� .....ell °wtfuu co�°f..a�rmu f n.'"... Pei "k� llle f wiefh a OI I ' �a�a"' �� i� Illm ml� �1 ft � � IU W I I ry m[gl linW tise f residential 1f"!IlPim a�imf� i��mf: � n �m� m�. � mm� N" ��I� �.. sil�(hrfl�, i to tti ae t a' re mal:ru m!1Y,2f g rm: tmq�rful IV�(,.....mn iu�e�a��i�V,.,blusii;1,ff�lfiiifi�� :rul:f:f eg,„ urd ghffut uP°gym WI::uPm flue /lily IIPa a 'eliRde iIIPfi"III '' I� eta 'Mime �' :s e:�:"ul W �:l�lll'�''PIIi�'a�"ter and a IIP'chitf: c1Ii�UIVPa'�� I Iffietics of he .w.,, ,.... �..m W..._.....,.., .....o,o,o. ..............................,ww............,.,.....ww.,.,, .m w„ ....__....W_...._......._.. � ...... ....m ..._ _......_ ifs t�w iil gm:iu l :°IIbp f ,,., ZONING MATRIX Ch. 3. Zoning, Art. IV. Use Regulations, Sec. 3. Use Regulations, Sec. 3-D. Use Matrix (3-D) Based ��a� lila es s ZONING MATRIX NOTES Sec. 3-D Use Matrix Notes — Note #34 „ 34. Home-Qeu'u"S"a�Ilp',u"i f�iiu..S.d busirmss,........................�����..��..� a. Home """''eup; IEE°ril-jased toushnesses shall be permitted subject to these specific regulations deli m"edinw"I ended!I1'.I'L...@.[g: g. ll: ....!.RnLd fe,, .tkf ,protectfe m residential neighborhoods,. nd.jliinriu.l"I,afiT en w n, 'nw nfoni z�UIQ:: hIU��� .'Iwfe.II~f,6. lf.efthe i°✓�.'°°StFu'm e.; IIP''I'r-ll°II4,m""I....use ....I.lea,...f9F....i""!sI.dm'ma.l' I'1 fm "'�� Y :. psed �u sine !a to be permitted or continue �',�:�. In order or an omem"��''�"a � ""' to be permitted, the following performance standards shall be agreed to in writing" f" yt4e `c"u"n....an., ....114.1 ...maintained :kf,ur... h.e....ww:"ra' 'ieR....e f..the ...e,ee.u.f" 'a:k1. ' u : (00479949.1 306.9001821) Page 734 of 896 Indus Residential Commercial Mixed -Use Misc trial P = Permitted m C= Conditional a p p a p 1� ^' ^^ u =Accessory Z i -i N M q m V a ac 0: ac cc Q 0 RESIDENTIAL & LODGING Home P P P P P P P P P PPP Ar11-: 34 34 J34 34 34 34 34 34 4 13P4 34 34 34I I I Based ��a� lila es s ZONING MATRIX NOTES Sec. 3-D Use Matrix Notes — Note #34 „ 34. Home-Qeu'u"S"a�Ilp',u"i f�iiu..S.d busirmss,........................�����..��..� a. Home """''eup; IEE°ril-jased toushnesses shall be permitted subject to these specific regulations deli m"edinw"I ended!I1'.I'L...@.[g: g. ll: ....!.RnLd fe,, .tkf ,protectfe m residential neighborhoods,. nd.jliinriu.l"I,afiT en w n, 'nw nfoni z�UIQ:: hIU��� .'Iwfe.II~f,6. lf.efthe i°✓�.'°°StFu'm e.; IIP''I'r-ll°II4,m""I....use ....I.lea,...f9F....i""!sI.dm'ma.l' I'1 fm "'�� Y :. psed �u sine !a to be permitted or continue �',�:�. In order or an omem"��''�"a � ""' to be permitted, the following performance standards shall be agreed to in writing" f" yt4e `c"u"n....an., ....114.1 ...maintained :kf,ur... h.e....ww:"ra' 'ieR....e f..the ...e,ee.u.f" 'a:k1. ' u : (00479949.1 306.9001821) Page 734 of 896 EXHIBIT "B" (1) Compatibility. jfig,,lwsl'ness act"uM'�yj!]@!jhg fg�orr(t y o t, ie tj 0 .... . ...... esWential dwel1ini �Rhe residential character and integrity of the neighborhood must not be�ww d4swr,�deg dgA by."the busfiress act! it As Vewed firoirn'the street or Y Y . .... . he occupational activity p,1j ' lg 2,�1�11101 pg,Ijy at4hP4w*iN_-shall �lbe consisteintwith the uses oftlw residential areas that sm i in d .......... uses _ ...... . . . ...... �gl'!tme"ap ,RfAiee,al)4e4Fe+wo#'4he-pi�-e�- (2) Size. A home occupation shall only be conducted as a secondary A_qtjyi�yj!§L19.g wk -V ess than 4R fift� wantv.five percent (2050%) �tsM. msilof thea . . . .......... ............... 12,lj,oc! a,l,,,dwelling MA g�,I�Laprggveid accessw�y stuff°°uurtuuwes en -th inter' �, IjEj!j!��iotjse stral1 not be iii,ised forthe business iiin a inanner, thgj La_l.jy,,l3as��s,,,dte use of that sp2gg.@L jjjs iintended foir residential ...... . ...... ... .. . . . . ....... . P_ D 'gpLmg Mgy,tg_ t the business activity iiii"i lieu of its mq�c�n Lntg T, o r aL;.. rnah,'i,s&_@,L� c,,,ft f iii� the minhnuirn _pAjMg§k,,g§.,vehicle stor e ir"PA-H!* I IM S I? m_e E"tit11 'LY!1 dgmfigpgd gui]A 4pj:LiLo% �qd seg iteiim below (3) On-site Restrictions. The home eeewpatieoji)ased busiiiiess shall be conducted at the approved address only by residents of that dwelling unit and ow- au'inaxinwiin of two ................ non-resident mpgygg��y, usfiiiess actlyl!iurvOy1gj!Agrg[0oin with cSU–S to ,jaV1-1---h.!,.. ....... .......- ---------- djgnj&.,qgocJ.ate_s_ or the fike slll 41111 dmfolll ����)ecoiii"�dijctedwi'tliiiii"i'tliegli!lgitel g!LJCtIUi,,e alw sh 404h, (4) Performance Standards. A home-based Ilbusiness shall.it....@.pl..l.....im..III.� col Lr lm Egg!:tiireii]irtents of tlie.Laiiitd..DevelllolpMgpLIII gg!IL;I !7hml !"3,,_Af!kLeJK Q2E !2g! Pgrfso—rinafife Standards. ji[Lgp!]grgl,;�qo equipment or process shall be used in a homeef'f,4�1 abased btisiness that creates fumes, glare, noise, odors, vibration, es -electrical interference e,tc. W�iich are ' -detectable tot normal senses ............. off the 4Gtpjpp tyjt!gfekygrggling a nt fisal ice oiii- hazwww dtoeimwlllmmtm l -iiilf!,,-iire.,s.,i.,deiii'its. In .................. �the case of electrical interference, no equipment or process shall be used is creates visual or audible interference in any radio or television receivers off the [SMS21premises.jh jise of a! hazardous oir flarinniable rnatem,jak 0jr I wl�� IgJo.c l" gids �nust corn � i with . .. ........ ----- – .............. state or federalLre,,ylations. (ffi 5) Trac. No pgr,�JngtfaffiG shall be generated by a home-based lausiness eeru,patmuss tliat would ed at a Mirnflar residence Where ensu:)[Dusiness is -11111111.-_ ........... .... .......... . coridlucteid hi gfeaw�veh+i nPT,W%wheW A tg_qpgi�'ate the Illbussiiness and stgedZpgEkgd 2D jl�g_p,r rnises mus"t bej�g[ked h'i desigggjed,r gj�qjaqes and i mt wittijin the . . ........ . .... ' ...... onoir over Vie -sidewalk )Lg�fd..s!ALfaces at the (OO479949.1 306-9001821) Page 735 of 896 EXHIBIT "B" residence. 'chis inciirr' es, rrrd riridsciri rill rirUls riN"�� t:lir illlY lilrisr ilr m l r IlY"'lr:ir� ............... ........... .._.....�_............ ���_...................................................-.M.......om�, = Via fi ro tart r ri doth tll�rflrerlrients fbr the .�I..��aslndi"ccted �ll..n.,.fffi � ��� f.fe:.af it g.g . �r�r� .f .t.m, ."_sidrrIU" i�. ill_..___4..m..l. � .4,� .Il efie GGG ),Ai Y.11fb,r.rt.6 04���64EH:A��.. IIkiff e WhWh... eQ+R,P'1ie.5.� lilt Chapter4 Article VI if"the ...........mm....a......n...d....................................... ...................._..........,.,..........,,,,,,,,,,,,,.,..,...............r..........a......d.....d.......i..t.....i...o...n..................'lip Wi it Ilid p 'r IIf I I t �I� m Nll llilll il�m; �IlYwlll rP �a wlU �"! with the " wµ !�Q II U rits of the Code i��" jt iippceslt!�: i .r_ tLwp .:..... :.mww. (6) Storage All storage of materials or supplies used in the home occupation_, °°,l,l,,,,be, .o- R -e.,,, #W,,.#i,,e.,,, .. ,,,,,aye -a-4, 4e,,,,d, 4i„n.g,,,i, i wk4in...tli,e.,,i ,,ase i at. sii eeified , Vfra444 shall not be visible from adjacent residential units or- the e't:.-GGrUft.IIY"°w~iS.....:.Ipr., ios .rs,Gr�s„...a. .f i....lihsm rr,hgir l..., e ...srin. Uwi114...heme . '” aer cg: is f4 f ' .r . µ: m U. e n. „r i ...80 ...511,... W.& i jsed...hr lwiFms& afAhei ies [1 1e p,r, g ... �,o� °,. NN�......___..1 rrlg.ri� t m_uisr r or i ,sir es r o rlor rnateriii s aims loc business actl , gnif there roorn liltmptppc�i r��rc��� � l'r° ���........N. rri oro �r�rs�d ��irll�urm �� mf frilly ti�r� ho��l� �ii°�s@"��,1�"I �ri�rl`u��.w rlr��� IlYwltill...ii.l0wil_ ri'�ril irrs��sullYrt ioo �mli" starllYr:Birds...,.,.,.,..o..,..o.�.�.�..�..� (7) Signage. No sign, display atr ilrllyv iif f1: used to advtil°fls(,:tw1Yllhe busini�(?ss uf shall be filll i f n iy 12.tglL jft l out a ccesmtty.. tlo llp�plrp v �� rmt �r,111 rr u= :�)���. rlr�..e'.('il��llp.�&u�"dlllrUld, �.o r. .....�a�r�.. d^ i�.�e�'�°kw�daed.o.IIr'r..tlmrv. 4ef wa4 of.::the ...fe&kleaee...as...,l se—as...pfaefiee4t the fFGef#t*e, (8) Parking. A panel, pick-up truck, van, or similar type of truck that complies with the requirements of Chapter 14 of Part II, Code of Ordinances and used principally for the subject home occupation, may be parked in a residential zoning district. An ylprch..i(Je l:�)f trailer Rise toip rate thetpript•and r o wwww.... -rk( ..e ..�..ises must Ibe d rm .�iftr s r��rl onrrt �t"h IIIICi the ridmf lP a� rr r� r u �°�IIr he ttiio� tld.lil.p__ esmigr]gg Ir lS �.p p �..��....��.....�.....1 y �s� lr jll �� testi lu � ll ..l orr��ilrlil�t ttwtyt� suit ace a 114r���t���kii rice. m�` us lilrtt,lUwt l or.. a� t„ilk laind ca erl dill ir2! prod the drajri i r!. ��, Or briill . �G s l°�r�� ��i� fl[w r�) ��r�� U�iU rist be in ..,��WW��........ ..�...,..�..._ .,�.....mµy. �. P �ti �« � �rss irirliciiied !os �_.....� m �r�� ct�F�� IY"�” Cdr ir��ll iisr .....,„,......„„„�a.m�... ciilirro��(ittmr.rr kith ti°ir� ur°oplrr�riiohroBrrlrlf�� riul..tr rt. Y p s arra tr°riilllt�lir:i° must be used b a resident of the remisesN �srAsa,.lwissrcv,.im�..,mr�~�uch vehicle . or, ot.hor, biitiliieiraViwo�,, and no more than one () such truck shall be located e premises. () Miscellaneous. A home occupation shall be subject to alI business tax provisions defined in Part 11 of the City Code of Ordinances. Part ffl i D � 3 Iiiiir�g Artkle V. iJse II r Multrtioin All existing and subsequently considered uses o' LI .ifp.tj.y p."I..l:ii'j..n.$ g i.t_c!r ia1 anl.�..home- based 11 l,t.t.l'ltsse located within the city shall conform the operational pe o ce standards set forth below, n shall be constructed, r taro operated so as not to differ frl rn III°iet is considered cornlu mon lithin the iinir° edi to uY°e surd riot lre. notiice lsllle err t� .. o xrr��syimfs a nuisance or hazardcuni.e,.�ersonsr pUr„ n.� do g"y i i i .o...a .....__..w_..........._.. � o t�tr....nornr�p s u s ��,s of p ons? i Ise (00479949.13069001821) Page 736 of 896 EXHIBIT "B" e " "' g„iii....adjacent or nearby properties or rights-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property by reason of noise, vibration, smoke, dust or other particulate matter; toxic or noxious matter; odors, glare, heat or humidity; radiation, electromagnetic interference, fire or explosion hazard, liquid waste discharge, or solid waste accumulation. Furthermore, no use shall be carried out so as to create any nuisance or hazard which is a violation of any applicable federal, state, county, or city law or permit, and all such laws and permits are hereby adopted as performance standards in these zoning regulations. {00479949.13069001821} Page 737 of 896 E:lu" Public Hearing 1/4/2022 Requested Action by Commission: Proposed Ordinance No. 22-001 - First Reading - Approving 3518 Ruskin Avenue request for Annexation (ANEX 21-001) of a 0.8 -acre parcel located at 3518 Ruskin Avenue. Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. Proposed Ordinance No. 22-002 - First Reading - Approving 3518 Ruskin Avenue request for Future Land Use Map Amendment from Palm Beach County's Medium Residential Classification with a maximum density of 5.0 dwelling units per acre (MR -5) to Office Commercial (OC). Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. Proposed Ordinance No. 22-003 - First Reading - Approving 3518 Ruskin Avenue request for Rezoning from Palm Beach County's Single -Family Residential (RS) District to Office Professional (C- 1). Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. Explanation of Request: The existing site is a vacant parcel located in unincorporated Palm Beach County. The site currently has a Palm Beach County future land use designation of MR -5 and is zoned Palm Beach County RS, which permits up to 5 dwelling units per acre and no commercial uses. The applicant has submitted an application to voluntarily annex the property into the City and change the future land use and zoning to OC and C-1, respectively, which would permit office -type uses at the site. The applicant intends to subsequently submit a site plan application to construct two offices on the site, with one office bay planned for the applicant's architectural design business. Preliminary review of the proposed annexation by staff indicates that it meets the statutory conditions: the parcel is contiguous to the City boundary and "reasonably compact" in that it does not create enclaves or pockets. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on September 10, 2021 staff sent a notification of the proposed annexation to the Palm Beach County Administrator and Planning Director. County staff reviewed the application and have not identified any inconsistencies with Chapter 171, or conveyed any opposition to the annexation (Exhibit "F".). The Planning & Development Board recommended approval of this item at their November 23, 2021 meeting How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Page 738 of 896 Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D OrdinainCE) D OrdnainC E) D OrdinainCE) D Staff IRE)port D I ocaboin li ap D Exhibit D Exhibit D Exhibit D Exhibit D Exhibit D Exhibit D Exhibit Description Ordinal['IC2, appirtnkng ain1['1E))(F.1b01['1 IRLASkiin AVENIR.Jel Ordinal['IC2, appirtnkng Ila ind LASE, dE)Siginaboin for 3518 IIRLASkiin AVENIILAE) Ordinal['IC2, appirtnkng rEE0111iing 3518 IRLASkiln VENT AE) IpirolPE)irty Staff IRE)port Exhibit A I ocaboin li ap Exhibit B E)dsbing Zoiniing Exhibit C IC. lrolPOSEd Exhibit ID Exisbing F:::L.J1tL.J1ir'E) I aind USE) Exhibit IE FlrolPOSEd F:::L.J1tL.J1ir'E) I aind LJSE�' Exhibit F::: COLAintyAi['ff'1E))(ab01['1 RE)ViEW I E)ttENr Exhibit (3) Appicaint Flir'E)SENI'Itaboin Exhibit II II Staff Flir'E)SE)intaboin Page 739 of 896 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDINANCE NO. 22 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ANNEXING 0.8 ACRES OF LAND THAT IS CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON ANNEXATION, CONSTITUTE A REASONABLY COMPACT ADDITION TO THE CITY BOUNDARIES; PROVIDING THAT THE PROPER LAND USE DESIGNATION AND PROPER ZONING OF THE PROPERTY SHALL BE REFLECTED IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; PROVIDING FOR CONFLICTS, SEVERABILITY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION AND AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the development of an Annexation Program; and WHEREAS, OFS Property Holdings, LLC., owner, by and through its agent, Steve Siebert Architecture, Inc., of the property more particularly described hereinafter, have 21 heretofore filed a Petition, pursuant to Chapter 2, Article H, Section 2A of the Land 22 23 24 25 26 27 28 29 30 31 32 Development Regulations, City of Boynton Beach, Florida, for the purpose of annexing a certain tract of land consisting of approximately 0.8 acres; and WHEREAS, the City of Boynton Beach hereby exercises its option to annex the following tract of land as hereinafter described, in accordance with Article I, Section 6 of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and WHEREAS, said tract of land lying and being within Palm Beach County is contiguous to the existing city limits of the City of Boynton Beach, and will, upon its annexation, constitute a reasonably compact addition to the City boundary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. That each and every Whereas clause is true and correct. S:ACA\Ordinances\Planning\Annexations\Annexation - Ruskin Avenue.docx 1 Page 740 of 896 33 Section 2. Pursuant to Article I, Section 6 of the Charter of the City of Boynton 34 Beach, Florida and Section 171.044, Florida Statutes the following described unincorporated 35 and contiguous tract of land situated and lying and being in the County of Palm Beach, 36 Florida, to wit: 37 LOTS 30 THROUGH 41 INCLUSIVE BLOCK 15, LESS THE 7 FOOT 38 RIGHT-OF-WAY ON OLD BOYNTON BEACH ROAD AS SHOWN ON 39 THE PLAT OF WEST BOYNTON PLAT No. 2C AS RECORDED IN PLAT 40 BOOK 15, PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH 41 COUNTY, FLORIDA. 42 43 44 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be 45 and become part of the City with the same force and effect as though the same had been 46 originally incorporated in the territorial boundaries thereof. 47 Section3: That Section 6 of the Charter of the City of Boynton Beach, Florida, is 48 hereby amended to reflect the annexation of said tract of land more particularly described in 49 Section 2 of this Ordinance. 50 Section 4: That by Ordinances adopted simultaneously herewith, the proper City 51 zoning designation and Land Use category is being determined as contemplated in Section 52 171.162(2), Florida Statutes. 53 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby 54 repealed. 55 Section 6: Should any section or provision of this Ordinance or any portion thereof 56 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 57 the remainder of this Ordinance. 58 Section 7: This Ordinance shall not be passed until the same has been advertised 59 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 60 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. S:ACA\Ordinances\Planning\Annexations\Annexation - Ruskin Avenue.docx 2 Page 741 of 896 61 Section 8. This ordinance, after adoption, shall be filed with the Clerk of the 62 Circuit Court of Palm Beach County, Florida. 63 Section 9. This ordinance shall become effective immediately upon passage. .9 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 FIRST READING this 4th day of January, 2022. SECOND, FINAL READING and PASSAGE this day of February, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\Ordinances\Planning\Annexations\Annexation - Ruskin Avenue.docx 3 VOTE YES NO Page 742 of 896 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 ORDINANCE NO. 22 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY COMMONLY KNOWN AS 3518 RUSKIN AVENUE AND DESCRIBED HEREIN, CHANGING THE LAND USE DESIGNATION FROM PALM BEACH COUNTY MEDIUM RESIDENTIAL 5 DU/AC (MR -5) TO OFFICE COMMERCIAL (OC); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the Future Land Use Element (designation) of the Comprehensive Plan as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. 26 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 27 28 29 30 31 32 33 34 35 Future Land Use of the following described land: LOTS 30 THROUGH 41 INCLUSIVE BLOCK 15, LESS THE 7 FOOT RIGHT-OF- WAY ON OLD BOYNTON BEACH ROAD AS SHOWN ON THE PLAT OF WEST BOYNTON PLAT No. 2C AS RECORDED IN PLAT BOOK 15, PAGE 14 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. is amended from Palm Beach County Medium Residential 5 du/ac (MR -5) to Office Commercial (OC). Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and S:ACA\Ordinances\Planning\Land UseARuskin Avenue LUA - Ordinance.Docx Page 743 of 896 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this 4th day of January, 2022. SECOND, FINAL READING and PASSAGE this day of February, 2021. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner—Justin Katz Commissioner—Christina L. Romelus Commissioner — Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) S:ACA\Ordinances\Planning\Land UseARuskin Avenue LUA - Ordinance.Docx VOTE YES NO Page 744 of 896 1 ORDINANCE NO. 22- 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 3518 RUSKIN 6 AVENUE FROM SINGLE-FAMILY RESIDENTIAL (RS) TO OFFICE 7 PROFESSIONAL (C-1); PROVIDING FOR CONFLICTS, SEVERABILITY, AND 8 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, Steven Siebert Architecture, Inc., has made application to rezone land, said 13 land being more particularly described hereinafter, from Single -Family Residential (RS) to Office 14 Professional (C-1); 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 25 Single -Family Residential (RS) to Office Professional (C-1). A location map is attached hereto 26 as Exhibit "A" and made a part of this Ordinance by reference. Legal Description: 27 LOTS 30 THROUGH 41 INCLUSIVE BLOCK 15, LESS THE 7 FOOT RIGHT-OF-WAY 28 ON OLD BOYNTON BEACH ROAD AS SHOWN ON THE PLAT OF WEST BOYNTON 29 PLAT No. 2C AS RECORDED IN PLAT BOOK 15, PAGE 14 OF THE PUBLIC RECORDS 30 OF PALM BEACH COUNTY, FLORIDA. 31 32 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 33 accordingly. 34 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 1 S:ACA\Ordinances\Planning\Rezoning\Ruskin Avenue - Rezone - Ordinance.Docx Page 745 of 896 35 Section 5. Should any section or provision of this Ordinance or any portion thereof be 36 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 37 remainder of this Ordinance. 38 Section 6. This ordinance shall become effective immediately upon passage. 39 FIRST READING this 4th day of January, 2022. 40 SECOND, FINAL READING and PASSAGE this day of February, 2022. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 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) 2 S:ACA\Ordinances\Planning\Rezoning\Ruskin Avenue - Rezone - Ordinance.Docx VOTE YES NO Page 746 of 896 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 21-010 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Andrew Meyer, Senior Planner DATE: November 24, 2021 PROJECT: 3518 Ruskin Avenue AN EX 21-001, LUAR 21-002 REQUEST: Approve 3518 Ruskin Avenue request for Annexation (AN EX 21- 001) of a 0.8 acre parcel, Future Land Use Map Amendment from Palm Beach County's Medium Residential with a maximum density of 5.0 dwelling units per acre (MR -5) to Office Commercial (OC), and Rezoning from Palm Beach County's Single -Family Residential (RS) to Office Professional (C-1) (LUAR 21-002), property located at 3518 Ruskin Avenue. PROJECT DESCRIPTION Property Owner: OFS Property Holdings LLC Applicant: Steven W. Siebert, Steve Siebert Architecture, Inc. Address: 3518 Ruskin Avenue Location: Northwest corner of Old Boynton Road and Javert Street Existing Land Use: Palm Beach County Medium Residential 5 du/ac (MR -5) Proposed Land Use: Office Commercial (OC) Existing Zoning: Single -Family Residential (RS) Proposed Zoning: Office Professional (C-1) Proposed Use: To be determined Acreage: 0.80 acres Page 747 of 896 Page 2 3518 Ruskin Avenue ANEX 21-001 / LUAR 21-002 Adjacent Uses: North: Ruskin Avenue, then single-family residences, FLU classification of PBC MR -5 and zoned PBC RS. South: Old Boynton Road, then daycare, place of worship, nursing home, self -storage, FLU classification of Medium Density Residential (MEDR) and OC and zoned Multi -Family Residential (R3) and C- 1. East: Javert Street, then Boynton Beach Mall, FLU classification of Mixed -Use Low (MXL) and zoned Suburban Mixed -Use (SMU). West: ROW "for drainage" (as indicated on plat), then single-family residences, then place of worship (Westside Baptist Church of Boynton Beach, FLU classification of PBC MR -5 and zoned PBC RS. BACKGROUND The existing site is a vacant parcel located in unincorporated Palm Beach County. The site is currently has a Palm Beach County future land use designation of MR -5 and is zoned Palm Beach County RS, which permits up to 5 dwelling units per acre and no commercial uses. The applicant has submitted an application to voluntarily annex the property into the City of Boynton Beach and change the future land use and zoning to OC and C-1, respectively, which would permit office -type uses at the site. The applicant has indicated intent to submit an application to construct two offices on the site, with one office bay acting as the offices for the applicant's architectural design business. Preliminary review of the proposed annexation by staff indicates that it meets the statutory conditions: the parcel is contiguous to the City boundary and "reasonably compact" in that it does not create enclaves or pockets. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007-018. Pursuant to these requirements, on September 10, 2021 staff sent a notification of the proposed annexation to the Palm Beach County Administrator and Planning Director. County staff reviewed the application and have not identified any inconsistencies with Chapter 171 (Exhibit "F".). 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 2 Page 748 of 896 Page 3 3518 Ruskin Avenue ANEX 21-001 / LUAR 21-002 per provisions of Chapter 163.3187, Florida Statutes. The final adoption by the City Commission is planned for January 2022. REVIEW BASED ON CRITERIA The criteria used to review Comprehensive Plan amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B 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 rezoning. 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. This request is accompanied by a request for annexation. The parcel currently has a Palm Beach County zoning and future land use designation, whch would not be appropriate once the property is annexed into the City. Furthermore, the parcel's location along a major thoroughfare is unattractive for residential development. 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 1.4.1 The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. 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 1.15.1 The City shall continue to promote the orderly annexation of lands consistent with Chapter 171, Florida Statutes. Policy 1. 15.3 The City shall require that property owners requesting annexation 3 Page 749 of 896 Page 4 3518 Ruskin Avenue ANEX 21-001 / LUAR 21-002 into the City concurrently apply for land use amendment and rezoning to the City's land use classification and zoning district. Reclassification and rezoning of properties annexed through city - initiated actions can be postponed for up to 6 months unless improvements are requested. 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 C-1 zoning district allows for office and limited retail uses and is intended to serve as a transitional area between residential and higher intensity commercial areas. The site is currently located nearby to more intense uses along the corridor, including a day care, a nursing home, places of worship, and the Boynton Beach mall. This site is located nearby a residential district, therefore the proposed C-1 zoning would provide an appropriate transition from the higher -intensity commercial uses to the residential areas to the north and west of the site, meeting the intent of the zoning district. As such, the proposed Future Land Use Map amendment and rezoning 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 will establish a commercially zoned property in proximity to a major east -west arterial in the city. Its position on the arterial road on the edge of a residential neighborhood offer opportunities for complementary land uses. The site is a less than one-half of a mile walk from three bus stops which collectively provide acccess to two bus routes, Route 2 and Route 73. 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. Potable water is available adjacent to the site. The applicant intends to connect a lift station to a public pressure line approximately 450 south of the site. The developer will be responsible for N Page 750 of 896 Page 5 3518 Ruskin Avenue ANEX 21-001 / LUAR 21-002 the cost of any off-site work. 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 will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The traffic impact analysis will be submitted to the Palm Beach County Traffic Division at the time of site plan application. The Palm Beach County Engineering Division provided comments (Exhibit "F") during their review of the annexation. The comments include restricting right-of-way access to Javert Street, providing traffic visibility corner clips at each intersection, and transfering the existing street light adjacent to the property to the City for maintenance. Access and corner clips will be finalized during Site Plan review, and the City's Engineering Department is agreeable to the transfer of the street light to the City. Schools. No residential uses are allowed within the C-1 zoning designation, therefore school concurrency is not applicable. 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 if a single-family residential zoning is maintained due to its close proximity to an arterial road. A change in future land use and zoning to one that supports commercial is more appropriate along commercial thoroughfares, and is proposed at an intensity which would produce a development in scale with the transitional nature of this corridor's segment. g. Economic Development Impact Determination for Conventional Zonin_p Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would: rJ Page 751 of 896 Page 6 3518 Ruskin Avenue ANEX 21-001 / LUAR 21-002 (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The current future land use and zoning only allows for the establishment of residential uses at a maximum of 5 dwelling units an acre. The proposed future land use amendment and rezoning to C-1 will eliminate residential entitlements but will permit low -intensity commercial uses at the site, which represent a potential to increase the possible intensity of development and number of uses with high probably economic development benefits. 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 current future land use designation and zoning is residential. The proposed FLUM amendment and rezoning would increase the amount of land available for commercial uses. L 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 not comparable sites (this is a site looking for a development option, rather than a use looking for a site). 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 111 and the site development standards of Chapter 4. Section 2.D.1.e states that "A master plan shall be required when a privately -initiated application is made to rezone lands to a planned zoning district." The proposed zoning 6 Page 752 of 896 Page 7 3518 Ruskin Avenue ANEX 21-001 / LUAR 21-002 district is a conventional zoning district, therefore this criterion does not apply. The applicant intents to submit an application for a site plan with office space at a later date. Any site plan received will be reviewed against all applicable requirements of Article III. RECOMMENDATION Staff has reviewed the proposed Annexation and Future Land Use & Zoning Map amendments against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c & D.3 and has found the proposal to meet the aforementioned criteria. Therefore staff recommends that the request be approved. 7 Page 753 of 896 Page 754 of 896 Page 755 of 896 Page 756 of 896 Page 757 of 896 Page 758 of 896 Department of Planning, Zoning & Building 2300 North Jog Road West Palm Beach, FL 33411-2741 (561) 233-5000 Planning Division 233-5300 Zoning Division 233-5200 Building Division 233 -5 100 Code Enforcement 233-5500 Contractors Certification 233.5525 Administration Office 233-5005 Executive Office 233-5228 www.pbcgov.com/pzb ■ Palm Beach County Board of County Commissioners Dave Kerner, Mayor Robert S_ Weinroth, Vice Mayor Maria G. Marino Gregg K. Weiss Maria Sachs Melissa McKinlay Mack Bernard County Administrator Verdenia C. Baker An Equal opportunity Affirmative Action Employer" Official Electronic Letterhead November 9, 2021 Michael Rumpf Planning and Zoning Administrator Development Department City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 RE: Proposed Annexation Ruskin Ave #3518, 2021-08-001 Dear Mr. Rumpf: Thank you for providing the County advance notice and the opportunity to review the annexation summarized below. Nam F Description Ruskin Ave #3518 Acres: 0.80 Location: Northwest Corner of Old Boynton Rd. and Javert St. 2021-08-001 1s1 Reading: TBD 2"1 Reading: TBD The proposed annexation was processed through the County's Annexation Review Process. County staff have not identified any inconsistencies with Chapter 171, Florida Statutes. County Department staff provided the following comments: 1. The Engineering Department staff provided the following comments: a. Right-of-way access to the subject property will be limited to Javert Street. County staff recommends that the City condition the property to provide corner clips at each intersection. b. Within the designated annexation area, any street lights or related infrastructure currently maintained by the County will be transferred to the City for maintenance. City will be collecting the Florida Power and Light franchise fees for the property adjacent to these street lights once the property is annexed into the city. 2. The Code Enforcement Division staff provided notice that there is a current code enforcement case (#C-2021-08200008) existing on the property due to unauthorized fill without a permit and open storage of trash and debris. Page 759 of 896 The County remains committed in our efforts to work cooperatively with municipalities. If you have any questions, please contact the following staff: Code Enforcement, Larry Caraccio at 561-233-5576; Engineering Department, Tammy Lee at 561-684-4012; for any other questions or comments, please contact Stephanie Gregory, Principal Planner, at 561-233-5388. Sincerely, Pat icia Behn Planning Director c: Vice Mayor Robert S. Weinroth, Dist. 4 Commissioner Lori LaVerriere, City Manager, City of Boynton Beach Patrick W. Rutter, Assistant County Administrator Stephanie Gregory, AICP, Principal Planner, PZB Ramsay Bulkeley, Esq., Executive Director, PZ&B Larry Caraccio, Senior Code Enforcement Officer, PZB Robert P. Banks, Chief Land Use County Attorney Tammy Lee, Engineering Department, PBC t:\planning\intergovernmental\annexations\2022 fiscal year\letters\bb - ruskin ave 3818.docx Page 760 of 896 PROJECT LOCATION November 19, 2021 Community Redevelopment Area Zoning [ R1 Single Family, 7.5 du/ac �VVVVVVVVVVa Water Bodies R1AA Single Family, 5.5 du/ac R2 Duplex, 10 du/ac l �........................� R1A Single Family, 6 du/ac = R3 Multi Family, 11 du/ac C1 Office Professional II� Unincorporated Palm Beach County Page 761 of 896 Page 762 of 896 Page 763 of 896 Page 764 of 896 PROJECT LOCATION Legend DTOD Boundary TCEA Boundary CRA Boundary Oty Boundary mmmmmm -95 + Railroads Streets L..........................� Water Future Land Use Classification FLU_Desc3 „I LOW DENSITY RESIDENTIAL (LDR), 7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR), 15 D.U./Acre SPECIAL HIGH DENSITY RESIDENTIAL (SHDR), 20 D.U./Acre I I OFFICE COMMERCIAL(OC) LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) INDUSTRIAL (1) I.... ) RECREATIONAL (R) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) MIXED USE LOW (MXL), 20 D.U./Acre MIXED USE MEDIUM (MXM), 50 D.U./Acre MIXED USE HIGH (MXH), 80 D.U./Acre DEVELOPMENT OF REGIONAL IMPACT(DRI) CONSERVATION (CON) ® CONSERVATION OVERLAY (C/O) N y � t w ""Jul 11 ti r.1 Page 765 of 896 3518 Ruskin Avenue Annexation, Future Land Use Map Amendment, and Rezoning AN EX 21-001, LUAR 21-002 Planning & Development Board Meeting November 23, 2021 City Commission Meetings January 4, 2022 1 January 18, 2022 Proposed Amendments Future Land Use Current: Residential Medium Density (M R-5, 5 d u/ac) Proposed: Office Commercial (OC) Zoning Current: Single -Family Residential (RS) Proposed: Office Professional (Cl) 3518 Ruskin Avenue City Commission Meeting — January 4 & 18, 2022 ANEX 21-001, LUAR 21-002 Page 769 of 896 Page 770 of 896 Recommendation Staff has reviewed the proposed Annexation and Future Land Use Map/Zoning Map amendments against the review criteria provided in Chapter 2, Article II, Section 2, Subsections A.3, B.3.c, & D.3 and has found the proposal to meet the aforementioned criteria. Therefore staff recommends that the request be approved. r1M City Manager's Report 1/4/2022 Requested Action by Commission: Approve Notice of Funding Opportunities (NOFOs) for use of the City's American Rescue Plan Act (ARPA) funds for Non -Profit & For -Profit Subrecipient Grant Application, Small Business Grant Program, Small Business Technical Assistance Program and Boynton Beach Elementary School Program Partnership I nitiative. Recommendations to be presented by Carisse LeJeune, ARPA Project Manager and John Durgan, Economic Development Manager for the City of Boynton Beach. Explanation of Request: On May 10, 2021, the US Department of Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds established by the American Rescue Plan of 2021. The Treasury also released details on how these funds can be used to respond to acute pandemic response needs, fill revenue shortfalls among local governments, and support the communities and populations hardest-hit by the COVI D-19 public crisis. Eligible uses must be in response to the disease itself or the harmful consequences of the economic disruptions resulting from, or exacerbated by, the COVID-19 public health emergency. The City of Boynton Beach will receive a total of $13,647,904.00 in two tranches, and has already received the first deposit of $6,823,952.00 on May 19,2021. On December 7, 2021, the City Commission approved the City's ARPA Master Spending Plan, Budget, and Schedule. AMERICAN RESCUE PLAN ACT (ARPA) MASTER SPENDING PLAN PRIORITY BUDGET Economic Stability and Resilience $2,000,000 Housing Affordability and Homeownership $2,000,000 Educational Opportunities and Job Skills Development $1,500,000 Healthcare Access and Health Outcomes $1,000,000 Criminal Justice and Safety $500,000 AMERICAN RESCUE PLAN ACT (ARPA) NOFO SCHEDULE MILESTONE DATE Promote Framework & NOFO Schedule to Dec 15, 2021 Providers Commission Approve Partnership I nitiatives and Page 772 of 896 NOFO Solicitation Jan 4, 2022 Advertise NOFOs Jan 7, 2022 Pre -Proposal Workshop Jan 13, 2022 Proposals Due Feb 4, 2022 Proposal Evaluations Completed Feb 15, 2022 Commission Approve NOFO Recommended Awards Mar 1, 2022 Staff emailed the ARPA Master Spending Plan and Notice of Funding Schedule to 104 nonprofits and 4,935 registered City vendors and will continue to promote through social media, newsletters, and the City's ARPA website. Staff is seeking Commission approval to proceed with the following recommendations within the ARPA Master Spending Plan and Notice of Funding Schedule: • NOFO — ARPA Non -Profit & For -Profit Subrecipient Grant Application - $7,000,000 (*less approved Program funding) • NOFO —ARPA Small Business Assistance Grant Program Administration - $345,000 • PARTNERSHIP INITIATIVE —ARPA Small Business Technical Assistance Program - $60,000 • PARTNERSHIP INITIATIVE —ARPA Boynton Beach Elementary School Programs- $43,500 How will this affect city programs or services? The ARPA Fiscal Recovery Funds can also be used to expand or create new projects, programs and services that respond to or mitigate the harmful consequences of the economic disruptions resulting from or exacerbated by the COVID-19 public health emergency. Fiscal Impact: The City will receive a total of $13,647,904.00 on May 19, 2022. Alternatives: N/A Strategic Plan: Building Wealth in the Community, Public Health and Safety Strategic Plan Application: In 2020, the City of Boynton Beach partnered with FI U in undertaking the Boynton Beach Equity I nitiative. The initiative provides the analytical framework and recommended action/policy items in five interconnected equity pillars - Economic Development, Education, Housing, Criminal Justice and Safety, and Public Health. In conjunction, the internal city assessment examining internal city practices ensures that the City has the structures and capacity to effectively implement policies towards racial and social justice. In addition to the Housing and Economic Development strategies that are currently in development, the City has established the foundation for the advancement of community-based programs that will direct resources and efforts towards addressing the most pressing community challenges. Based on the detailed analysis of conditions in the city and with the goal of ensuring that Boynton Beach remains a city where all residents can prosper, in alignment with the city's strategic plan, the city is inviting community partners to request funding for programs that will address community challenges. Climate Action Application: Page 773 of 896 Is this a grant? Grant Amount: Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt Description IRFI IN01::::0 aind IFlairtlIENr'ship Ilinitiativ(..ss �N 0 F::: 0 NRFIA Noinpirofit & F:::oir Profit SL.Jlbir'Es'CilPiE)lllt (3)iraint Appicatioin �N 0 F::: 0 If IFI Sirnall BL.JlSil['lE)Ss Assistall'ICE) (3)iraint Flirogirairn Adirniinistraboin NRFIA Sirnall BL.JlSil['lE)SS TbcftnicallAssistalncE�, Flirogirairn NRFI A BoyintoinBE�,ach EblirTIE)llltairy Schod Flirogirairn If li.::a IN01::::0 CoirqpliainCE) IRE)portiing C:.,)L.Jlidal['lCE) Page 774 of 896 Page 775 of 896 --�----CITY 01 �----�-�-- E The American Rescue Plan Act (ARPA) Objectives The American Rescue Plan Act (ARPA) was signed into law on March 11, 2021 and established the US Department of Treasury Coronavirus State and Local Fiscal Recovery Funds. • Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control • Replace lost revenue for eligible state, local, territorial, and Tribal governments to strengthen support for vital public services and help retain jobs • Support immediate economic stabilization for households and businesses • Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic Page 776 of 896 ARPA Overview Within ARPA Bill H.R. 1319, the Coronavirus State and Local Fiscal Recovery Fund provides $350 billion for states, municipalities, counties, tribes, and territories. The City of Boynton Beach was allocated $13,647,904. The Secretary of the US Treasury Department issued an Interim Final Rule on May 17, 2021, as rules and regulations for implementing the Fiscal Recovery Funds. These funds can be used for: Support public health expenditures in response to COVID-19. Address negative economic impacts caused by the public health emergency and provide aid to those communities and populations hardest hit by the crisis. Replace lost public sector revenue. Provide premium pay for essential workers. Invest in water, sewer, and broadband infrastructure. Page 777 of 896 • September 3011 at 6 PM — Commission Chamber Hybrid (Virtual/In-Person) • October 281h at 6 PM — Fire Station 3 (In -Person) • November 1st at 6 PM - Commission Chamber Hybrid (Virtual/In-Person) • December 7th, 3:30 PM to 5 PM — Commission Chamber Hybrid (virtual/In-Person) • Public Survey • Florida International University Racial and Social Equity Community Needs Assessment • Public/Networking Events • Newsletters • Social Media Page 778 of 896 Approved ARPA Master Spending Plan Page 779 of 896 AMERICAN RESCUE PLAN ACT (ARPA) MASTER SPENDING PLAN PRIORITY Economic Stability and Resilience Housing Affordability and Homeownership Educational Opportunities and Job Skills Development Healthcare Access and Health Outcomes Criminal Justice and Safety I , rBOYNTON jA�- .EACH Page 780 of 896 BUDGET $2,000,000 $2,000,000 $1,500,000 $1,000,000 $500,000 �am Competitive Notice of Funding Opportunity (NOFO) W ,,111i %a City Intergovernmental Partnership Initiatives Page 781 of 896 Approved ARPA Master Spending Plan Priority Description Page 782 of 896 In response to the economic challenges for city residents and businesses magnified by the COVID-19 pandemic, the city is seeking proposals that will identify and address current vulnerabilities, support short and long- term recovery efforts, and mitigate the effects of future economic disruptions. Proposed projects should demonstrate how they will reduce economic disparities and provide pathways to prosperity to economically disadvantaged populations, small and minority businesses. Some examples of initiatives include small business grants and loans, supporting businesses that did not qualify for federal programs, technical assistance support, job training assistance, direct payments food assistance to low -to -moderate income households, etc. Page 783 of 896 Homeownership is the primary means to wealth building and financial stability for low- and moderate -income families. Boynton Beach aims to be a city where working families across the wage -spectrum can live and thrive. Significant disparities in homeownership and cost -burden exist for many Boynton Beach residents. In the current housing market and with pressures from families relocating from elsewhere, homeownership may become unattainable for many working families. Proposed projects should demonstrate impact on ameliorating the affordability challenges for current residents by providing pathways to homeownership, or homeowner and renter stability. Some examples of initiatives include rental and mortgage assistance, affordable housing development, utility assistance, housing counseling, home rehabilitation, homelessness services etc Page 784 of 896 Education contributes to community stability by promoting equity, providing for a sense of self dependence and confidence, and creating opportunities for economic mobility. Economic opportunity and mobility are directly connected with educational attainment, as differences in educational attainment contribute to and perpetuate economic disparities. Projects should address barriers to educational equity and ensure pathways to prosperity for diverse populations. Some examples of initiatives include expanding broadband access, internship and mentorship programs, literacy programs, Art/Enrichment programs, entrepreneurship training, workforce development programs, short-term credentialing, and job placement etc. Page 785 of 896 The COVID-19 pandemic exacerbated health disparities in Boynton Beach as it further illuminated the effect that nonmedical social needs, or social determinants of health (SDOH), have on individual health outcomes. Some factors that strongly influence health outcomes include access to medical care, nutritious foods, clean water, education and health literacy, housing and transportation, exposure to violence, neighborhood safety and recreational facilities, occupation and job security, and socioeconomic status. The city is seeking projects that improve health outcomes either short-term or lead to behavioral change that will reduce health disparities in the long-term. Some examples of initiatives include mental health services, health risk awareness initiatives, vaccine outreach, supporting physical education programs at schools, expanding healthcare access, childcare, home visiting programs, substance and domestic abuse prevention and assistance, support for community health worker programs etc. Page 786 of 896 Safe neighborhoods signify stronger and happier communities. Boynton Beach aims to create neighborhoods in which parents are free to raise their children without having to worry about crime, businesses can thrive and expand, and residents are comfortable to connect with each other - all extremely important to building a strong sense of community. Proposed programs should focus on community-based approaches for violence reduction. Some examples of initiatives include Community Violence Intervention (CVI) programs, enhanced services for foster youths, at -risk youth engagement and intervention programs, crime diversion and reintegration programs etc. Page 787 of 896 ARPA Funding Page 788 of 896 Initial Payment 6,823,952.00 Anticipated Payment 6,82. 952,00 �ndficales �,;Unr led Housing Study (29,640.00) Tutoring Program (28,147.92) Wellness Program (67,237.00) Vaccine Incentive Public (60,000,00) Revenue Losses FY 2022 Budget (1,950,000.00) Represents Mar 2020 -Sep 2020 P2P Rental Assistance (75,000,00) Vaccination Incentive PBA (17,500.00) 70 Employees @ $250.00 Vaccination Incentive All Other EE's (207,000.00) 414 Employees @ $500.00 Anticipated Revenue Losses Year 2 (7,555,555.55) Represents Oct 2020 - Sep 2021 Wells Landing Funding (500,000.00) Premium Pay Anticipated (1,562,000.00) 781 employees $1k per year for 2 years Item 9A 10/5/2021 Project Manager/Admin Costs )150,000,00) TOTAL AVAILABLE $ 7,001,379.08 Page 789 of 896 Draft ARPA NOFO & Partnership Initiatives Page 790 of 896 • NOFO —ARPA Non -Profit & For -Profit Subrecipient Grant Application - $7,000,000 (*less approved Program funding) • NOFO — ARPA Small Business Assistance Grant Program Administration - $345,000 • PARTNERSHIP INITIATIVE —ARPA Small Business Technical Assistance Program - $60,000 • PARTNERSHIP INITIATIVE—ARPA Boynton Beach Elementary School Programs - $43,500 Page 791 of 896 Proposed Partnership Initiative Schedule Page 792 of 896 Proposed Notice of Funding Opportunity Schedule Page 793 of 896 MILESTONE Promote Framework & NOFO Schedule to Providers Commission Approve Partnership Initiatives and NOFO Solicitation Advertise NOFOs Pre -Proposal Workshop Proposals Due Proposal Evaluations Completed Commission Approve NOFO Recommended Awards Page 794 of 896 DATE Dec 15, 2021 Jan 4, 2022 Jan 7, 2022 Jan 13, 2022 Feb 4, 2022 Feb 15, 2022 Mar 1, 2022 Page 795 of 896 CITY OF Ewa 5wi NTON B E A C H City of Boynton Beach American Recovery Plan Act (ARPA) Not-For-Profit/For-Profit Subrecipient Grant Application SUBMISSION February 4, 2022, no later than mm T Boynton Beach, FL 33435 (No applications will be accepted after 4:30PM on February 4, 2022) FOR MORE INFORMATION OR QUESTIONS, PLEASE CONTACT: Cali "Q:2 T@Yi II til II Carisse LeJeune, ARPA Project Manager City Manager's Office 100 East Ocean Avenue Boynton Beach, Florida 33435 leieunecEbbLl. us 561-202-7554 Page 796 of 896 OVERVIEW On March 11, 2021, the American Rescue Plan Act was signed into law, and established the Coronavirus State Fiscal Recovery Funds and Coronavirus Local Fiscal Recovery Funds, which together make up the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF") program. This program is intended to provide support to State, territorial, local, and Tribal governments in responding to the economic and public health impacts of COVID-19 and in their efforts to contain impacts on their communities, residents, and businesses. The US Treasury Department established four (4) funding objectives to respond to the COVID-19 public health emergency: • Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control. • Replace lost revenue for eligible state, local, territorial, and Tribal governments to strengthen support for vital public services and help retain jobs. • Support immediate economic stabilization for households and businesses. • Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic. On May 17, 2021, the Secretary of the US Treasury Department issued an Interim Final Rule as the rules and regulations for implementing the Fiscal Recovery Funds. SLFRF funds can be used for: • Support public health expenditures in response to COVID-19. • Address negative economic impacts caused by the public health emergency and provide aid to those communities and populations hardest hit by the crisis. • Replace lost public sector revenue. • Provide premium pay for essential workers. • Invest in water, sewer, and broadband infrastructure. The City of Boynton Beach (the "City") embraced the importance of public input, transparency, and accountability for the implementation of the Fiscal Recovery Funds. In 2020, the City partnered with Florida International University (FIU) in undertaking the Boynton Beach Equity Initiative. The initiative provides the analytical framework and recommended action/policy items in five interconnected equity pillars - Economic Development, Education, Housing, Criminal Justice and Safety, and Public Health. In addition, in 2021, the City invited residents and businesses to participate in a city-wide survey to identify the greatest needs and concerns related to the COVID-19 public health emergency. Based upon the combined data, the City has melded ARPA eligible uses with the five (5) Equity Pillars, and prioritized eligible programs, services, and interventions based on identified community needs. The resulting Community Assessment Priorities and eligible uses can be found in Appendix A of this Notice of Funding Opportunity. In alignment with the City's strategic plan, the City is inviting community partners to request ARPA funding for programs, projects, and interventions that will address community challenges in one or more of the following Community Assessment Priorities: Economic Stability and Resilience In response to the economic challenges for City residents and businesses magnified by the COVID-19 public health emergency, the City is seeking proposals that will identify and address current vulnerabilities, support short and long-term recovery efforts, and mitigate the effects of future economic FY 2022 ARPA Funding Application Page 797 of 896 disruptions. Proposed projects should demonstrate how they will reduce economic disparities and provide pathways to prosperity to economically disadvantaged populations, small and minority businesses. Some examples of initiatives include small business grants and loans, supporting businesses that did not qualify for federal programs, technical assistance support, job training assistance, direct payments to households, food assistance to low -to -moderate income households, etc. Housing Affordability and Homeownership Homeownership is the primary means to wealth building and financial stability for low- and moderate - income families. Boynton Beach aims to be a city where working families across the wage -spectrum can live and thrive. Significant disparities in homeownership and cost -burden exist for many Boynton Beach residents. In the current housing market and with pressures from families relocating from elsewhere, homeownership may become unattainable for many working families. Proposed projects should demonstrate impact on ameliorating the affordability challenges for current residents by providing pathways to homeownership, or homeowner and renter stability. Some examples of initiatives include rental and mortgage assistance, affordable housing development, utility assistance, housing counseling, home rehabilitation, homelessness services etc. Educational Opportunities and Job Skills Development Education contributes to community stability by promoting equity, providing for a sense of self dependence and confidence, and creating opportunities for economic mobility. Economic opportunity and mobility are directly connected with educational attainment, as differences in educational attainment contribute to and perpetuate economic disparities. Projects should address barriers to educational equity and ensure pathways to prosperity for diverse populations. Some examples of initiatives include expanding broadband access, internship and mentorship programs, literacy programs, Art/Enrichment programs, entrepreneurship training, workforce development programs, short-term credentialing, and job placement etc. Healthcare Access and Health Outcomes The COVID-19 public health emergency exacerbated health disparities in Boynton Beach as it further illuminated the effect that nonmedical social needs, or social determinants of health (SDOH), have on individual health outcomes. Some factors that strongly influence health outcomes include access to medical care, nutritious foods, clean water, education and health literacy, housing and transportation, exposure to violence, neighborhood safety and recreational facilities, occupation and job security, and socioeconomic status. The city is seeking projects that improve health outcomes either short-term or lead to behavioral change that will reduce health disparities in the long-term. Some examples of initiatives include mental health services, health risk awareness initiatives, vaccine outreach, supporting physical education programs at schools, expanding healthcare access, childcare, home visiting programs, substance and domestic abuse prevention and assistance, support for community health worker programs etc. Criminal Justice and Safety Safe neighborhoods signify stronger and happier communities. Boynton Beach aims to create neighborhoods in which parents are free to raise their children without having to worry about crime, businesses can thrive and expand, and residents are comfortable to connect with each other - all extremely important to building a strong sense of community. Proposed programs should focus on community-based approaches for violence reduction. Some examples of initiatives include Community Violence Intervention (CVI) programs, enhanced services for foster youths, at -risk youth engagement and intervention programs, crime diversion and reintegration programs etc. FY 2022 ARPA Funding Application Page 798 of 896 The Boynton Beach City Commission held a Special Meeting on Tuesday, November 30, 2021 and adopted the ARPA Master Spending Plan, allocating City Fiscal Recovery Funds to the five (5) Community Assessment Priorities as follows: Economic Stability and Resilience $2,000,000 Housing Affordability and Homeownership $2,000,000 Educational Opportunities and Job Skills Development $1,500,000 Healthcare Access and Health Outcomes $1,000,000 Criminal Justice and Safety $500,000 REPAYMENT Funding from this grant program is subject to federal, state and local audit. If a determination is made that these grant funds were used in a manner inconsistent with program guidelines, for an ineligible expense or for expenses reimbursed by another federal, state or local grant/loan program then the awarded entity will reimburse the City of Boynton Beach these funds. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the City of Boynton Beach to any third party. The City is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award loan funding. FY 2022 ARPA Funding Application Page 799 of 896 Agency Name: Project(s): APPLICATION Submit Electronic Application Only Application is signed and dated. By Director, and Board Chairperson. 501(c) (3) is attached (if applicable), or EIN/Tax ID attached (if applicable) City of Boynton Beach Business Tax Receipt attached (if applicable). Board Member list. Copy of latest audit. All funding sources for this project identified. ADDITIONAL ATTACHMENTS Attachment 1 Agency Articles of Incorporation, Agency By-laws, and Tax Documents submitted to the Internal Revenue Service (IRS). Attachment 2 Copies of current license(s) needed to operate (as applicable to the funded activity) including City of Boynton Beach Business Tax Receipt (if applicable) Attachment 3 Documentation of all additional funding sources for program(s)/project(s) listed in application (if applicable) A description/schedule of fees charged to the targeted Attachment 4 beneficiaries of the programs/services/facilities to be funded (if applicable) A job description for each position for which funds are being Attachment 5 requested (explain role/responsibilities within each program/project) Minority/Women Owned Business (MWOB). A company that is at Attachment 6 least 51% owned and operated by an individual that is a female or at least 25% African American, Asian, Hispanic, or Native American. Attach Certification if applicable. FY 2022 ARPA Funding Application Page 800 of 896 ARPA SCORING CRITERIA All applications received by the Submission Deadline will be reviewed, scored, and ranked based up the Scoring Criteria below. Incomplete applications will be rejected and will not receive a score or ranking for consideration of funding. SCORING CRITERIA AVAILABLE POINTS 1) Responds to COVID-19 Public Health Emergency 20 Available Points The proposed program, project, or services responds to an identified need or negative impact of the COVID-19 public health emergency. The applicant has identified how the evidence - based program, service, or other intervention addresses the need or impact. (See Appendix B —from the "CSLFRF Compliance and Reporting Guidance" on evidence -based intervention) 2) Risk Assessment 20 Available Points Applicants are expected to demonstrate that they are eligible, capable, and responsible in the management of federal funds. Costs covered by federal awards must be compliant with the terms and conditions of the award, and necessary and reasonable for the completion of the activity of the award. Fiscal and administrative oversight, internal controls, policies, procedures must be clearly documented. Number of years in operation will be considered. 3) Equity 15 Available Points The applicant provides a description on how the project aims to reach underserved populations and/or those disproportionately affected by the pandemic. 4) Future Model Sustainability & Support 15 Available Points The applicant describes the intended outcome of the project and how project success would be measured. The proposal describes how sustainability can be achieved to continue to develop and provide hybrid service options. The applicant includes a plan for handling ongoing expenses. 5) Activity Management & Implementation 15 Available Points Applicants have provided documentation and information showing the goals, objectives, and resources needed to implement the proposed activity are available and ready, and that the commitment for operation and maintenance, where applicable, has been certified. This criterion takes into consideration factors that may accelerate or slow down the ability to implement the activity in a timely manner. 6) Cost Reasonableness & Effectiveness 10 Available Points The activity will be evaluated in terms of its impact on the identified need, its implementation costs and budget funding request relative to the financial and human resources. Evaluation will include the cost incurred per person or per unit and the justification for a particular level of funding. Programs that are requesting support of administrative costs can range from 0- 15%. Programs that request 10% or below for administrative costs will be awarded 1 additional point in this category. 7) Not -for -Profit Preference 5 Available Points Applications will receive five (5) points for non-profit status and (0) points if otherwise. FY 2022 ARPA Funding Application Page 801 of 896 Certifications and Affirmations Applicant Signature: Title: Date: FY 2022 ARPA Funding Application Page 802 of 896 I certify that I am authorized to submit this application on behalf of the applicant agency. I certify that the information provided in this application and the information provided in all supporting documents and forms is true and accurate. I understand that knowingly making a false statement in this application may subject me to criminal prosecution and penalties in accordance with applicable law. I further understand that, if it is determined that any of the requirements of the federal American Rescue Plan Act are found to not be satisfied in connection with my application and/or grant award, the City of Boynton Beach retains the right to seek reimbursement of any disbursed funds. I affirm that the award and payment of grant funds are subject to the sole and absolute discretion of the City of Boynton Beach City Commission without recourse. By submitting this application, I waive any and all claims related to the City of Boynton Beach ARPA Not-for- Profit/For-Profit Subrecipient Grant Program and specifically agree to indemnify and hold the City, its employees, officers, agents, and representatives harmless from any and all claims which may be in any way related to any City of Boynton Beach ARPA Not-for-Profit/For-Profit Subrecipient Grant Program award, payment, and/or denial. I affirm that due to the public health emergency with respect to COVID-19, this grant is necessary to respond to the negative impact of COVID-19 and addresses an identified need or impact. If funded, I affirm the applicant agency will continue service operations in the City of Boynton Beach. I affirm that the tax documents provided in this application are identical to those I have submitted to the Internal Revenue Service. I certify that my agency was established and operating in the City of Boynton Beach on or before March 1, 2020. I acknowledge that, if this grant is approved, any amount my agency receives may be considered taxable income by the Internal Revenue Service. I acknowledge that if this grant application is approved, the City of Boynton Beach may request and I must produce my business records related to use of the grant funds and related business expenditures from the time of grant award through December 31, 2029. I acknowledge that, if this grant application is approved, my name, my agency name, and my grant award amount may be made public by the City of Boynton Beach. I acknowledge that, as an applicant for grant funds, my application and any business records related to use of grant funds will be subject to public access in accordance with Florida Sunshine Law. Applicant Signature: Title: Date: FY 2022 ARPA Funding Application Page 802 of 896 A Pre -Submittal Application Workshop will be held on January 13, 2022 in the City of Boynton Beach City Hall located at 100 E. Ocean Avenue, Boynton Beach, Florida 33435 at 4:00-5:30 P.M. Attendance is encouraged and proof of attendance will be indicated by the agency representative's signature on the attendance sheet provided at the Workshop. Questions submitted after the Workshop will be posted on the City of Boynton Beach ARPA website with responding answers. Applicants will not receive personal/direct answers to questions after January 13, 2022. 1 l • To submit an application, complete A — G, Attachments 1-5 requested. Do not include any items that are not requested. to Carisse LeJeune (lejeunec@bbfl.us) City Manager's Office Beach, FL 33435 IIby 4:0013u°gym, [�"ebiruairy 4, 2022. Please rev Guidance" for assistance with completing the application (if applicable) and any other items Submit .IILe.ft.r.o iii°m.iii.f:..........1' ..IIC .III iii„2„a iii.o iii:.... .11l ..L . , 100 East Ocean Avenue, Boynton iew the "Compliance and Reporting and reporting requirements. For assistance, please email Carisse LeJeune at lejeunec�bbfl.us or call 561-202-7554, Monday - Friday, 8:00 am — 5:00 pm. If approved for funding, additional information may be requested prior to award. A. GENERAL INFORMATION 2 3 Name of Applicant: Non-profit [Tax ID#: ] For -Profit [Tax ID#: ] (Check the appropriate box and provide copy of your IRS ruling providing tax exempt status under Section 501(c) (3) of the 1986 IRS Code if you are a non-profit) Recipients of City of Boynton Beach ARPA award funds will be required to have or obtain a Federal DUNS number (Data Universal Numbering System Number is a unique nine -digit business identifier that is required for applying for any grants from the federal government) per Section B.3.e of the Coronavirus State and Local fiscal Recovery Funds Guidance on Recipient Compliance and Reporting Responsibilities. Name of Project: Area or Location of Project: 4. Contact Person/Title: (Preferably Pres. /Director) Email Address: Additional Contact Person/Title: (Preferably Person responsible for preparing reports) Alternate Email Address: Mailing Address/Zip: Telephone: Fax: FY 2022 ARPA Funding Application Page 803 of 896 5. Grant Request COMMUNITY ASSESSMENT PRIORITY (Activity Area): (Check all that apply) (See Appendix A. for eligible uses under each Initiative) Economic Stability and Resilience Housing Affordability and Home Ownership Educational Opportunities and Job Skills Development Healthcare Access and Health Outcomes Criminal Justice and Safety 6. Total Amount of ARPA Funds Requested for Project(s): 7. Total Amount of Additional (non-ARPA) Funds for Project(s): Source of Additional Funding: 0 Cash 0 In -Kind 0Other Grants Chonations Identify Source of Additional Funding: 8. How many years has your organization been in operation? Is this project: A new service; or A quantifiable increase in the level of an existing service which has been provided by the applicant. 9. Has the applicant received State or local government funds in the 12 months preceding the submission of this application for the project(s) for which the applicant is requesting ARPA funds? Yes No If Yes, what is the funding source? 10. Could this project occur without these funds? 11 Yes 0 No 11. Will this project continue after ARPA funding ends? 0 Yes 0 No If Yes, describe how the applicant will guarantee the sustainability of the project/program after ARPA funds have been spent. B. PROPOSED PROJECT: Project Description: In three sentences concisely describe your project. This description will be used in future publications should your application be approved. If proposing multiple projects, list each individual project/program and limit the description of each project to three sentences. (Attach separate sheet if necessary). FY 2022 ARPA Funding Application Page 804 of 896 C. STRATEGY: Check the COMMUNITY ASSESSMENT PRIORITY for which you are requesting funding, and enter the eligible program/project, the metric being used to measure success, and the desired outcome of the project/program. (Check all that apply) D. PROJECT SUMMARY Provide a detailed description of the proposed project/activity to be funded, including a plan of action explaining in detail how the agency (and who, specifically) will implement the activity: i.e. intake procedures, required documentation, etc. Describe how this activity relates to the overall organizational structure. Be very specific how the ARPA funds are proposed to be used. (Attach additional sheets if necessary) FY 2022 ARPA Funding Application Page 805 of 896 COMMUNITY PROGRAM/PROJECT METRIC DESIRED OUTCOMES ASSESSMENT PRIORITY Economic Stability & Resilience Housing Affordability & Home Ownership Educational Opportunities & Job Skills Development Healthcare Access & Health Outcomes Criminal Justice & Safety D. PROJECT SUMMARY Provide a detailed description of the proposed project/activity to be funded, including a plan of action explaining in detail how the agency (and who, specifically) will implement the activity: i.e. intake procedures, required documentation, etc. Describe how this activity relates to the overall organizational structure. Be very specific how the ARPA funds are proposed to be used. (Attach additional sheets if necessary) FY 2022 ARPA Funding Application Page 805 of 896 Explain how this program fits with your mission. How will it impact your current operation? How does this program mitigate and/or respond to the negative impacts of the COVID-19 public health emergency? Does this program serve a disproportionately impacted population, community, or Qualified Census Tract? Describe population and provide justification. Will program income be generated from this activity? If yes, how will the program income be used? Where will the program take place and is it within the City of Boynton Beach municipal boundaries? Are you working with other organizations in a cooperative effort on the program? If yes, please list the other organizations and their role and responsibilities. FY 2022 ARPA Funding Application Page 806 of 896 Goals/Objectives/Activity Measures: (Descriptive narrative. For multiple projects, please use separate Goal Sheet for each individual project). Project/Program Title: Goal: Objective #1 Resources Needed & Available: Start Date & Duration: Objective #2 — Resources Needed & Available: Start Date & Duration: Objective #3 — Resources Needed & Available: Start Date & Duration: Goal: Objective #1— Resources Needed & Available: Start Date & Duration: Objective #2 — Resources Needed & Available: Start Date & Duration: Objective #3 — Resources Needed & Available: Start Date & Duration: FY 2022 ARPA Funding Application Page 807 of 896 E. PROJECT BUDGET Please list applicant's anticipated expenditures, detailing requested funds and additional funding. Please place C=Cash, 1=In-Kind, O=Other Grants, D=Donations beside each amount under "Other Project Funds" to denote the type of funds being used. If funding request is for multiple programs/projects, please provide a separate PROJECT BUDGET for each program/project and indicate which COMMUNITY ASSESSMENT PRIORITY the program/project falls under. (See Appendix A for eligible projects/programs under individual Community Assessment Priorities) Project/Program Title: Line ltem ARPA Funds Requested, Other Project Funds Total Project Budget ADMINISTRATION: Personnel (# ) Payroll Taxes Employee Benefits Office Supplies Copy Supplies Postage Telephone Professional Services Vehicle Fuel/Mileage Other (Insurance, etc.) COMMUNITY ASSESSMENT PRIORITY Economic Stability & Resilience Housing Affordability & Home Ownership Educational Opportunities & job Skills Development Healthcare Access and Health Outcomes Criminal Justice & Safety TOTALS FY 2022 ARPA Funding Application Page 808 of 896 F. APPLICANT INFORMATION: (Provide a brief description of each) Mission Statement: Will all ARPA funds awarded be maintained in a mannerthat theywill be accounted for separately and distinctly from other sources of revenue or funding? Provide a brief description of the applicant's policies and procedures that ensure funds will be tracked appropriately. Does the applicant have written policies and procedures? How often are these policies and procedures updated? Provide a brief list of the topics covered in the applicant's policies and procedures. The City of Boynton Beach may request a copy for review during the application and award process or as part of the grant monitoring process. _ _ Is the applicant's financial management system able to track actual expenditures and outlays with budgeted amounts for each grant or subgrant? Provide a brief summary of the organization's process for tracking expenditures, including tracking budgeted versus actual amounts. Does the applicant have effective internal controls in place to ensure that federal funds are used solely for authorized purposes? Provide a brief description of the applicant's internal controls that will provide reasonable assurance that the award funds will be managed properly. Does the applicant have a documented records retention policy? If so, briefly describe the policy and confirm that the policy complies with federal regulations. Information on Records Retention and Access can be found at 2 C.F.R § 200.333-200-337. FY 2022 ARPA Funding Application Page 809 of 896 APPLICANT INFORMATION (cont.) Is the individual primarily responsible for fiscal and administrative oversight of grant awards familiar with the applicable grant management rules, principles, and regulations including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200)? Provide a short list of the individuals qualifications and experience. Does the applicant have policies and procedures in place to manage subawards and monitor activities of subrecipients as necessary to ensure that subawards are used for authorized purposes in compliance with laws, regulations, and terms and conditions of the award and that established subaward performance goals are achieved (2 C.F.R. §§200.330-200.332)? Provide a brief description of the organization's policies and procedures on subrecipient monitoring and management. Does the applicant currently require employees to maintain time distribution records that accurately reflect the work performed on specific activities or cost objectives in order to support the distribution of employees' salaries among federal awards or other activities (2 C.F.R. §200.430)? Budget estimates do not qualify as support for charges to federal awards. Provide a brief description of the organization's established timekeeping policies and procedures. Is the project/program an evidence -based intervention with strong or moderate evidence? If yes, please describe the supported causal conclusions and positive findings on outcomes. APPENDIX 8 (attached) provides definitions of Strong, Moderate, and Preliminary evidence. APPENDIX C (attached) denotes areas where subrecipients must report the total funds that are allocated to evidence -based interventions N and areas where subrecipients must report on whether projects are Primarily serving disadvantaged communities (A). FY 2022 ARPA Funding Application Page 810 of 896 G. Conflict of Interest Federal law (24 CFR § 570.611) prohibits persons who exercise or who have exercised any functions or responsibilities with respect to the above grant ... or who are in a position to participate in a decision making process or to gain inside information with regard to such activities, may obtain a financial interest or benefit from an assisted activity... either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 1. Is there any member of the applicant's staff, member of the applicant's Board of Directors, or office who currently is or has/have been within one year of the date of this application a City employee, or a member of the City Commission? Yes 0Ar If yes, please list names: 2. Is there any member of the applicant's staff, member(s) of the Board of Directors, or officer(s) who are business partners or immediate family of a City employee, or a member of the City Commission? Yes No If yes, please list names: 3. Will the funds requested by the applicant be used to pay the salaries of any of the applicant's staff or award a subcontract to any individual who is or has been within one year of the date of this application a City employee, or a member of the City Commission? Yes No If yes, please list names: The applicant certifies to the best of his/her knowledge and belief that the data in this application is true and correct and that the filing of the application has been duly authorized by the governing body of the applicant (if applicable) and that the applicant will comply with all the requirements of this grant if the application is approved. Name: _ Signature: Title: Date: Name: Signature: Title: Date: FY 2022 ARPA Funding Application Page 811 of 896 H. Drug Free Workplace Certification 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 an employee for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees from drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that under this solicitation a copy of the statement specified in subsection (1) above. 4. In the statement specified in section (1), notify the employees that, as a condition of working in the commodities or contractual services that are under this solicitation, the employees will Abide by the terms of the statement and will notify the employee of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or if and controlled substance law of the United States or any state, for a violation occurring in the work place 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, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Signature of Respondent Witness FY 2022 ARPA Funding Application Page 812 of 896 APPENDIX A— Eligible Uses The following is not an exhaustive list of potential projects or programs, but are provided as examples of eligibility, based upon the City of Boynton Beach Qualified Public Survey Response. Any questions regarding eligibility of projects or programs, please contact Carisse LeJeune, ARPA Project Manager at leieunec@bbfl.us. COMMUNITY ASSESSMENT PRIORITIES ELIGIBLE PROJECTS/PROGRAMS Economic Stability & Resilience • Small business grants and loans • Target hardest hit industries, ex. fishing and art industries • Supporting businesses that did not qualify for federal programs • Technical assistance support • Job training assistance • Direct payments to households • Food assistance • Prioritize low -to -moderate income families Housing Affordability & Home Ownership • Rental and mortgage assistance • Affordable housing • Utility assistance • Housing counseling • Home rehabilitation • Homelessness services Educational Opportunities &Job Skills • Broadband infrastructure Development • Internship and mentorship programs • Literacy programs • Art/Enrichment programs • Prioritizing children that experienced at-home learning challenges • Entrepreneurship training Healthcare Access and Health Outcomes • Mental health services • Vaccine programs • Supporting Physical Education programs at schools • Public Health Clinics • Childcare • Home visiting programs • Substance and domestic abuse • Community health workers Criminal Justice & Safety • Community Violence Intervention (CVI) programs • Enforcement efforts to reduce gun violence • Investing in technology and equipment for law enforcement • Enhanced services for foster youths FY 2022 ARPA Funding Application Page 813 of 896 APPENDIX B - Evidenced -Based Intervention Additional Information What is evidence -based? For the purposes of the SLFRF, evidence -based refers to interventions with strong or moderate evidence as defined below: Strong evidence means the evidence base that can support causal conclusions for the specific program proposed by the applicant with the highest level of confidence. This consists of one or more well-designed and well -implemented experimental studies conducted on the proposed program with positive findings on one or more intended outcomes. Moderate evidence means that there is a reasonably developed evidence base that can support causal conclusions. The evidence base consists of one or more quasi -experimental studies with positive findings on one or more intended outcomes OR two or more nonexperimental studies with positive findings on one or more intended outcomes. Examples of research that meet the standards include: well-designed and well -implemented quasi -experimental studies that compare outcomes between the group receiving the intervention and a matched comparison group (i.e., a similar population that does not receive the intervention). Preliminary evidence means that the evidence base can support conclusions about the program's contribution to observed outcomes. The evidence base consists of at least one nonexperimental study. A study that demonstrates improvement in program beneficiaries over time on one or more intended outcomes OR an implementation (process evaluation) study used to learn and improve program operations would constitute preliminary evidence. Examples of research that meet the standards include: (1) outcome studies that track program beneficiaries through a service pipeline and measure beneficiaries' responses at the end of the program; and (2) pre- and post-test research that determines whether beneficiaries have improved on an intended outcome. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance FY 2022 ARPA Funding Application Page 814 of 896 APPENDIX C — Expenditure Categories (For Treasury Reporting) The Expenditure Categories (EC) listed below must be used to categorize each project for Quarterly Reporting to the US Treasury. The term "Expenditure Category" refers to the detailed level (e.g., 1.1 COVID-19 Vaccination). When referred to at the summary level (e.g., EC 1) it includes all Expenditure Categories within that summary level. For example, EC 1 at the summary level is Public Health. (*) Denotes areas where recipients must identify the amount of the total funds that are allocated to evidence -based interventions (see Use of Evidence section above for details) (") Denotes areas where recipients must report on whether projects are primarily serving disadvantaged communities (see Project Demographic Distribution section above for details) Public Health 1.1 COVID-19 Vaccination" 1.2 COVID-19 Testing " 1.3 COVID-19 Contact Tracing 1.4 Prevention in Congregate Settings (Nursing Homes, Prisons/Jails, Dense Work Sites, Schools, etc.)* 1.5 Personal Protective Equipment 1.6 Medical Expenses (including Alternative Care Facilities) 1.7 Capital Investments or Physical Plant Changes to Public Facilities that respond to the COVID-19 public health emergency 1.8 Other COVID-19 Public Health Expenses (including Communications, Enforcement, Isolation/Quarantine) 1.9 Payroll Costs for Public Health, Safety, and Other Public Sector Staff Responding to COVI D-19 1.10 Mental Health Services* 1.11 Substance Use Services* 1.12 Other Public Health Services Negative Economic Impacts 2.1 Household Assistance: Food Programs* " 2.2 Household Assistance: Rent, Mortgage, and Utility Aid* " 2.3 Household Assistance: Cash Transfers* " 2.4 Household Assistance: Internet Access Programs* " 2.5 Household Assistance: Eviction Prevention* " 2.6 Unemployment Benefits or Cash Assistance to Unemployed Workers* 2.7 Job Training Assistance (e.g., Sectoral job -training, Subsidized Employment, Employment Supports or Incentives)* " 2.8 Contributions to UI Trust Funds 2.9 Small Business Economic Assistance (General)* " 2.10 Aid to Nonprofit Organizations* 2.11 Aid to Tourism, Travel, or Hospitality 2.12 Aid to Other Impacted Industries 2.13 Other Economic Support* " 2.14 Rehiring Public Sector Staff Services to Disproportionately Impacted Communities 3.1 Education Assistance: Early Learning*" 3.2 Education Assistance: Aid to High -Poverty Districts" FY 2022 ARPA Funding Application Page 815 of 896 3.3 Education Assistance: Academic Services ^ 3.4 Education Assistance: Social, Emotional, and Mental Health Services ^ 3.5 Education Assistance: Other* ^ 3.6 Healthy childhood environments: Child Care* ^ 3.7 Healthy Childhood environments Home Visiting* ^ 3.8 Healthy Childhood Environments: Services to Foster Youth or Families Involved in Child Welfare System* ^ 3.9 Healthy Childhood Environments: Other* ^ 3.10 Housing Support: Affordable Housing* ^ 3.11 Housing Support: Services for Unhoused Persons* ^ 3.12 Housing Support: Other Housing Assistance* ^ 3.13 Social Determinants of Health: Other* ^ 3.14 Social Determinants of Health: Community Health Workers or Benefits Navigators* ^ 3.15 Social Determinants of Health: Lead Remediation ^ 3.16 Social Determinants of Health: Community Violence Interventions* ^ Administrative 7.1 Administrative Expenses 7.2 Evaluation and Data Analysis 7.3 Transfers to Other Units of Government 7.4 Transfers to Non -entitlement Units (States and territories only) Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance FY 2022 ARPA Funding Application Page 816 of 896 CITY OF - Ewa 5wi NTON B E A C H City of Boynton Beach American Recovery Plan Act (ARPA) Small Business Assistance Program Administration Subrecipient Application SUBMISSION February 4, 2022, no later than mm T Boynton Beach, FL 33435 (No applications will be accepted after 4:30PM on February 4, 2022) FOR MORE INFORMATION OR QUESTIONS, PLEASE CONTACT: Cali "Q:2 T@Yi II til II Carisse LeJeune, ARPA Project Manager City Manager's Office 100 East Ocean Avenue Boynton Beach, Florida 33435 leieunec�bbfl,us 561-202-7554 Page 817 of 896 OVERVIEW On March 11, 2021, the American Rescue Plan Act was signed into law, and established the Coronavirus State Fiscal Recovery Funds and Coronavirus Local Fiscal Recovery Funds, which together make up the Coronavirus State and Local Fiscal Recovery Funds ("SLFRF") program. This program is intended to provide support to State, territorial, local, and Tribal governments in responding to the economic and public health impacts of COVID-19 and in their efforts to contain impacts on their communities, residents, and businesses. The US Treasury Department established four (4) funding objectives to respond to the COVID-19 public health emergency: • Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control. • Replace lost revenue for eligible state, local, territorial, and Tribal governments to strengthen support for vital public services and help retain jobs. • Support immediate economic stabilization for households and businesses. • Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic. On May 17, 2021, the Secretary of the US Treasury Department issued an Interim Final Rule as the rules and regulations for implementing the Fiscal Recovery Funds. SLFRF funds can be used for: • Support public health expenditures in response to COVID-19. • Address negative economic impacts caused by the public health emergency and provide aid to those communities and populations hardest hit by the crisis. • Replace lost public sector revenue. • Provide premium pay for essential workers. • Invest in water, sewer, and broadband infrastructure. The City of Boynton Beach (the "City") embraced the importance of public input, transparency, and accountability for the implementation of the Fiscal Recovery Funds. In 2020, the City partnered with Florida International University (FIU) in undertaking the Boynton Beach Equity Initiative. The initiative provides the analytical framework and recommended action/policy items in five interconnected equity pillars - Economic Development, Education, Housing, Criminal Justice and Safety, and Public Health. In addition, in 2021, the City invited residents and businesses to participate in a city-wide survey to identify the greatest needs and concerns related to the COVID-19 public health emergency. Based upon the combined data, the City has melded ARPA eligible uses with the five (5) Equity Pillars, and prioritized eligible programs, services, and interventions based on identified community needs. The resulting Community Assessment Priorities and eligible uses can be found in Appendix A of this Notice of Funding Opportunity. In alignment with the City's strategic plan, the City is inviting community partners to request ARPA funding for programs, projects, and interventions that will address community challenges in one or more of the following Community Assessment Priorities: Economic Stability and Resilience In response to the economic challenges for City residents and businesses magnified by the COVID-19 public health emergency, the City is seeking proposals that will identify and address current vulnerabilities, support short and long-term recovery efforts, and mitigate the effects of future economic FY 2022 ARPA Funding Application Page 818 of 896 disruptions. Proposed projects should demonstrate how they will reduce economic disparities and provide pathways to prosperity to economically disadvantaged populations, small and minority businesses. Some examples of initiatives include small business grants and loans, supporting businesses that did not qualify for federal programs, technical assistance support, job training assistance, direct payments to households, food assistance to low -to -moderate income households, etc. Housing Affordability and Homeownership Homeownership is the primary means to wealth building and financial stability for low- and moderate - income families. Boynton Beach aims to be a city where working families across the wage -spectrum can live and thrive. Significant disparities in homeownership and cost -burden exist for many Boynton Beach residents. In the current housing market and with pressures from families relocating from elsewhere, homeownership may become unattainable for many working families. Proposed projects should demonstrate impact on ameliorating the affordability challenges for current residents by providing pathways to homeownership, or homeowner and renter stability. Some examples of initiatives include rental and mortgage assistance, affordable housing development, utility assistance, housing counseling, home rehabilitation, homelessness services etc. Educational Opportunities and Job Skills Development Education contributes to community stability by promoting equity, providing for a sense of self dependence and confidence, and creating opportunities for economic mobility. Economic opportunity and mobility are directly connected with educational attainment, as differences in educational attainment contribute to and perpetuate economic disparities. Projects should address barriers to educational equity and ensure pathways to prosperity for diverse populations. Some examples of initiatives include expanding broadband access, internship and mentorship programs, literacy programs, Art/Enrichment programs, entrepreneurship training, workforce development programs, short-term credentialing, and job placement etc. Healthcare Access and Health Outcomes The COVID-19 public health emergency exacerbated health disparities in Boynton Beach as it further illuminated the effect that nonmedical social needs, or social determinants of health (SDOH), have on individual health outcomes. Some factors that strongly influence health outcomes include access to medical care, nutritious foods, clean water, education and health literacy, housing and transportation, exposure to violence, neighborhood safety and recreational facilities, occupation and job security, and socioeconomic status. The city is seeking projects that improve health outcomes either short-term or lead to behavioral change that will reduce health disparities in the long-term. Some examples of initiatives include mental health services, health risk awareness initiatives, vaccine outreach, supporting physical education programs at schools, expanding healthcare access, childcare, home visiting programs, substance and domestic abuse prevention and assistance, support for community health worker programs etc. Criminal Justice and Safety Safe neighborhoods signify stronger and happier communities. Boynton Beach aims to create neighborhoods in which parents are free to raise their children without having to worry about crime, businesses can thrive and expand, and residents are comfortable to connect with each other - all extremely important to building a strong sense of community. Proposed programs should focus on community-based approaches for violence reduction. Some examples of initiatives include Community Violence Intervention (CVI) programs, enhanced services for foster youths, at -risk youth engagement and intervention programs, crime diversion and reintegration programs etc. FY 2022 ARPA Funding Application Page 819 of 896 The Boynton Beach City Commission held a Special Meeting on Tuesday, November 30, 2021 and adopted the ARPA Master Spending Plan, allocating City Fiscal Recovery Funds to the five (5) Community Assessment Priorities as follows: Economic Stability and Resilience $2,000,000 Housing Affordability and Homeownership $2,000,000 Educational Opportunities and Job Skills Development $1,500,000 Healthcare Access and Health Outcomes $1,000,000 Criminal Justice and Safety $500,000 REPAYMENT Funding from this grant program is subject to federal, state and local audit. If a determination is made that these grant funds were used in a manner inconsistent with program guidelines, for an ineligible expense or for expenses reimbursed by another federal, state or local grant/loan program then the awarded entity will reimburse the City of Boynton Beach these funds. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the City of Boynton Beach to any third party. The City is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award loan funding. Agency Name: Project(s): FY 2022 ARPA Funding Application Page 820 of 896 APPLICATION Submit Electronic Application Only Application is signed and dated. By Director, and Board Chairperson. 501(c) (3) is attached (if applicable), or EIN/Tax ID attached (if applicable) City of Boynton Beach Business Tax Receipt attached (if applicable). Board Member list (if applicable). Copy of latest audit. All funding sources for this project identified. ADDITIONAL ATTACHMENTS Attachment 1 Agency Articles of Incorporation, Agency By-laws, and Tax Documents submitted to the Internal Revenue Service (IRS). Attachment 2 Copies of current license(s) needed to operate (as applicable to the funded activity) including City of Boynton Beach Business Tax Receipt (if applicable) Attachment 3 Documentation of all additional funding sources for program(s)/project(s) listed in application (if applicable) A description/schedule of fees charged to the targeted Attachment 4 beneficiaries of the programs/services/facilities to be funded (if applicable) A job description for each position for which funds are being Attachment 5 requested (explain role/responsibilities within each program/project) Minority/Women Owned Business (MWOB). A company that is at Attachment 6 least 51% owned and operated by an individual that is a female or at least 25% African American, Asian, Hispanic, or Native American. Attach Certification if applicable. FY 2022 ARPA Funding Application Page 821 of 896 ARPA SCORING CRITERIA All applications received by the Submission Deadline will be reviewed, scored, and ranked based up the Scoring Criteria below. Incomplete applications will be rejected and will not receive a score or ranking for consideration of funding. SCORING CRITERIA AVAILABLE POINTS 1) Responds to COVID-19 Public Health Emergency 25 Available Points The proposed program, project, or services responds to an identified need or negative impact of the COVID-19 public health emergency. The applicant has identified how the evidence - based program, service, or other intervention addresses the need or impact. (See Appendix B —from the "CSLFRF Compliance and Reporting Guidance" on evidence -based intervention) 2) Risk Assessment 25 Available Points Applicants are expected to demonstrate that they are eligible, capable, and responsible in the management of federal funds. Costs covered by federal awards must be compliant with the terms and conditions of the award, and necessary and reasonable for the completion of the activity of the award. Fiscal and administrative oversight, internal controls, policies, procedures must be clearly documented. Number of years in operation will be considered. 3) Equity 15 Available Points The applicant provides a description on how the project aims to reach underserved populations and/or those disproportionately affected by the pandemic. 4) Activity Management & Implementation 20 Available Points Applicants have provided documentation and information showing the goals, objectives, and resources needed to implement the proposed activity are available and ready, and that the commitment for operation and maintenance, where applicable, has been certified. This criterion takes into consideration factors that may accelerate or slow down the ability to implement the activity in a timely manner. 5) Cost Reasonableness & Effectiveness 15 Available Points The activity will be evaluated in terms of its impact on the identified need, its implementation costs and budget funding request relative to the financial and human resources. Evaluation will include the cost incurred per person or per unit and the justification for a particular level of funding. Programs that are requesting support of administrative costs can range from 0- 15%. Programs that request 10% or below for administrative costs will be awarded 1 additional point in this category. Certifications and Affirmations FY 2022 ARPA Funding Application Page 822 of 896 I certify that I am authorized to submit this application on behalf of the applicant agency. I certify that the information provided in this application and the information provided in all supporting documents and forms is true and accurate. I understand that knowingly making a false statement in this application may subject me to criminal prosecution and penalties in accordance with applicable law. I further understand that, if it is determined that any of the FY 2022 ARPA Funding Application Page 822 of 896 Applicant Signature: Title: Date: A Pre -Submittal Application Workshop will be held on January 13, 2022 in the City of Boynton Beach City Commission Chambers located at 100 E. Ocean Avenue, Boynton Beach, Florida 33435 at 4:00 P.M. Attendance is encouraged and proof of attendance will be indicated by the agency representative's signature on the attendance sheet provided at the Workshop. Questions submitted after the Workshop will be posted on the City of Boynton Beach ARPA website with responding answers. Applicants will not receive personal/direct answers to questions after January 13, 2022. FY 2022 ARPA Funding Application Page 823 of 896 requirements of the federal American Rescue Plan Act are found to not be satisfied in connection with my application and/or grant award, the City of Boynton Beach retains the right to seek reimbursement of any disbursed funds. I affirm that the award and payment of grant funds are subject to the sole and absolute discretion of the City of Boynton Beach City Commission without recourse. By submitting this application, I waive any and all claims related to the City of Boynton Beach ARPA Not-for- Profit/For-Profit Subrecipient Grant Program and specifically agree to indemnify and hold the City, its employees, officers, agents, and representatives harmless from any and all claims which may be in any way related to any City of Boynton Beach ARPA Not-for-Profit/For-Profit Subrecipient Grant Program award, payment, and/or denial. I affirm that due to the public health emergency with respect to COVID-19, this grant is necessary to respond to the negative impact of COVID-19 and addresses an identified need or impact. If funded, I affirm the applicant agency will continue service operations in the City of Boynton Beach. I affirm that the tax documents provided in this application are identical to those I have submitted to the Internal Revenue Service. I certify that my agency was established and operating in the City of Boynton Beach on or before March 1, 2020. I acknowledge that, if this grant is approved, any amount my agency receives may be considered taxable income by the Internal Revenue Service. I acknowledge that, if this grant application is approved, the City of Boynton Beach shall have access to my business records, including business records to document expenditures from the time of grant award through December 31, 2024. I acknowledge that, if this grant application is approved, my name, my agency name, and my grant award amount may be made public by the City of Boynton Beach. I acknowledge that, if this grant application is approved, my agency will be subject to Florida Sunshine Law, FL State Statute 119.0701 Applicant Signature: Title: Date: A Pre -Submittal Application Workshop will be held on January 13, 2022 in the City of Boynton Beach City Commission Chambers located at 100 E. Ocean Avenue, Boynton Beach, Florida 33435 at 4:00 P.M. Attendance is encouraged and proof of attendance will be indicated by the agency representative's signature on the attendance sheet provided at the Workshop. Questions submitted after the Workshop will be posted on the City of Boynton Beach ARPA website with responding answers. Applicants will not receive personal/direct answers to questions after January 13, 2022. FY 2022 ARPA Funding Application Page 823 of 896 PROGRAM DESCRIPTION The City of Boynton Beach (the "City") recognizes that small businesses have suffered substantial financial loss due to the economic impacts caused by the COVID-19 pandemic. In response to the negative economic impacts on our local businesses and the Boynton Beach economy, the City has created the City of Boynton Beach ARPA Small Business Assistance Grant Program (the "Program"). The Program is intended to provide direct financial assistance to businesses that were negatively impacted by the COVID-19 pandemic. The goal of this program is to help small businesses keep their doors open, protect local jobs, support community recovery, and increase the resiliency of local businesses in our community. Through the Program, eligible businesses with receive a grant of up to $10,000. Grant funding will be based on loss revenue caused by the pandemic. Businesses must meet all of the eligibility requirements to qualify for grant funding. The small business grant program guidelines, eligibility requirements, and required documentation can be found on APPENDIX D - City of Boynton Beach ARPA Small Business Assistance Grant Program. The City is looking for a qualified organization to administer the ARPA Small Business Assistance Program to provide direct financial relief to Boynton Beach small businesses. The selected organization will disperse the funds directly to approved small businesses. The administrative fee for the administration at this program is capped at 15%. To submit an application, complete A — G, Attachments 1-5 (if applicable) and any other items requested. Do not include any items that are not requested. SubmitIectroilil°miij I .IIC .IIliica iioiiI UNLY to Carisse LeJeune (lejeunec@bbfl.us) City Manager's Office, 100 East Ocean Avenue, Boynton Beach, FL 33435 Ilby 43013iin, [�"ebiruairy 4, 2022. Please review the "Subrecipient Guide" for the reporting requirements and timelines. For assistance, please email Carisse LeJeune at lejeunec�bbfl.us or call 561-202-7554, Monday -Friday, 8:00 am — 5:00 pm. If approved for funding, additional information may be requested prior to award. A. GENERAL INFORMATION Name of Applicant: Non-profit [Tax ID#: ] For -Profit [Tax ID#: ] (Check the appropriate box and provide copy of your IRS ruling providing tax exempt status under Section 501(c) (3) of the 1986 IRS Code if you are a non-profit) Recipients of City of Boynton Beach ARPA award funds will be required to hove or obtain o Federal DUNS number (Data Universal Numbering System Number is o unique nine -digit business identifier that is required for applying for any grants from the federal government) per Section B.3.e of the Coronavirus State and Locol fiscal Recovery Funds Guidance on Recipient Compliance and Reporting Responsibilities. 2. Area or Location of Project: FY 2022 ARPA Funding Application Page 824 of 896 3. Contact Person/Title: (Preferably Pres. /Director) Email Address: Additional Contact Person/Title: (Preferably Person responsible for preparing reports) Alternate Email Address: Mailing Address/Zip: Telephone: Fax: 4. Total Amount of ARPA Funds Requested for Program Administration(s): 5. Total Amount of Additional (non-ARPA) Funds for Project(s): Source of Additional Funding: 0 Cash 0 In -Kind 0Other Grants Chonations Identify Source of Additional Funding: 6. Is this project: A new service; or A quantifiable increase in the level of an existing service which has been provided by the applicant. 7. Has the applicant received State or local government funds in the 12 months preceding the submission of this application for the project(s) for which the applicant is requesting ARPA funds? Yes No If Yes, what is the funding source? 8. Could this project occur without these funds? 13 Yes 0 No 9. Will this project continue after ARPA funding ends? 0 Yes 0 No If Yes, describe how the applicant will guarantee the sustainability of the project/program after ARPA funds have been spent. B. PROPOSED PROJECT: Project Description: In three sentences concisely describe your project. This description will be used in future publications should your application be approved. FY 2022 ARPA Funding Application Page 825 of 896 C. STRATEGY: Check the COMMUNITY ASSESSMENT PRIORITY for which you are requesting funding, and enter the eligible program/project, the metric being used to measure success, and the desired outcome of the project/program. D. PROJECT SUMMARY Provide a detailed description of the proposed project/activity to be funded, including a plan of action explaining in detail how the agency (and who, specifically) will implement the activity: i.e. intake procedures, grant application evaluation, etc. Describe how this activity relates to the overall organizational structure. Be very specific how the ARPA funds are proposed to be used. Please provide a list of references (if applicable) of agencies you have administered similar program for (at least 2). (Attach additional sheets if necessary) FY 2022 ARPA Funding Application Page 826 of 896 COMMUNITY PROGRAM/PROJECT METRIC DESIRED OUTCOMES ASSESSMENT PRIORITY Economic Stability & Resilience Housing Affordability & X X X Home Ownership Educational Opportunities X X X & Job Skills Development Healthcare Access & X X X Health Outcomes Criminal Justice & Safety X X X D. PROJECT SUMMARY Provide a detailed description of the proposed project/activity to be funded, including a plan of action explaining in detail how the agency (and who, specifically) will implement the activity: i.e. intake procedures, grant application evaluation, etc. Describe how this activity relates to the overall organizational structure. Be very specific how the ARPA funds are proposed to be used. Please provide a list of references (if applicable) of agencies you have administered similar program for (at least 2). (Attach additional sheets if necessary) FY 2022 ARPA Funding Application Page 826 of 896 Explain how this program fits with your mission. How will it impact your current operation? How does this program mitigate and/or respond to the negative impacts of the COVID-19 public health emergency? Where will the program take place and is it within the City of Boynton Beach municipal boundaries? Are you working with other organizations in a cooperative effort on the program? If yes, please list the other organizations and their role and responsibilities. Goals/Objectives/Activity Measures: (Descriptive narrative. For multiple projects, please use separate Goal Sheet for each individual project). Project/Program Title: FY 2022 ARPA Funding Application Page 827 of 896 Goal: Objective #1 Resources Needed & Available: Start Date & Duration: Objective #2 — Resources Needed & Available: Start Date & Duration: Objective #3 — Resources Needed & Available: Start Date & Duration: Goal: Objective #1— Resources Needed & Available: Start Date & Duration: Objective #2 — Resources Needed & Available: Start Date & Duration: Objective #3 — Resources Needed & Available: Start Date & Duration: E. PROJECT BUDGET FY 2022 ARPA Funding Application Page 828 of 896 Please list applicant's anticipated expenditures, detailing requested funds and additional funding. Please place C=Cash, 1=In-Kind, O=Other Grants, D=Donations beside each amount under "Other Project Funds" to denote the type of funds being used. If funding request is for multiple programs/projects, please provide a separate PROJECT BUDGET for each program/project and indicate which COMMUNITY ASSESSMENT PRIORITY the program/project falls under. (See Appendix A for eligible projects/programs under individual Community Assessment Priorities) Project/Program Title: Line ltem ARPA Funds Requested, Other Project Funds Total Project Budget ADMINISTRATION: Personnel (# ) Payroll Taxes Employee Benefits Office Supplies Copy Supplies Postage Telephone Professional Services Vehicle Fuel/Mileage Other (Insurance, etc.) COMMUNITY ASSESSMENT PRIORITY Economic Stability & Resilience Housing Affordability & Home Ownership X X X Educational Opportunities & job Skills Development X X X Healthcare Access and Health Outcomes X X X Criminal Justice & Safety X X X TOTALS F. APPLICANT INFORMATION: (Provide a brief description of each) Mission Statement: FY 2022 ARPA Funding Application Page 829 of 896 Will all ARPA funds awarded be maintained in a manner that they will be accounted for separately and distinctly from other sources of revenue or funding? Provide a brief description of the applicant's policies and procedures that ensure funds will be tracked appropriately. Does the applicant have written policies and procedures? How often are these policies and procedures updated? Provide a brief list of the topics covered in the applicant's policies and procedures. The City of Boynton Beach may request a copy for review during the application and award process or as part of the grant monitoring process. _ _ Is the applicant's financial management system able to track actual expenditures and outlays with budgeted amounts for each grant or subgrant? Provide a brief summary of the organization's process for tracking expenditures, including tracking budgeted versus actual amounts. Does the applicant have effective internal controls in place to ensure that federal funds are used solely for authorized purposes? Provide a brief description of the applicant's internal controls that will provide reasonable assurance that the award funds will be managed properly. Does the applicant have a documented records retention policy? If so, briefly describe the policy and confirm that the policy complies with federal regulations. Information on Records Retention and Access can be found at 2 C.F.R § 200.333-200-337. Is the individual primarily responsible for fiscal and administrative oversight of grant awards familiar with the applicable grant management rules, principles, and regulations including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200)? Provide a short list of the individuals qualifications and experience. FY 2022 ARPA Funding Application Page 830 of 896 Does the applicant have policies and procedures in place to manage subawards and monitor activities of subrecipients as necessary to ensure that subawards are used for authorized purposes in compliance with laws, regulations, and terms and conditions of the award and that established subaward performance goals are achieved (2 C.F.R. §§200.330-200.332)? Provide a brief description of the organization's policies and procedures on subrecipient monitoring and management. Does the applicant currently require employees to maintain time distribution records that accurately reflect the work performed on specific activities or cost objectives in order to support the distribution of employees' salaries among federal awards or other activities (2 C.F.R. §200.430)? Budget estimates do not qualify as support for charges to federal awards. Provide a brief description of the organization's established timekeeping policies and procedures. Is the project/program an evidence -based intervention with strong or moderate evidence? If yes, please describe the supported causal conclusions and positive findings on outcomes. APPENDIX 8 (attached) provides definitions of Strong, Moderate, and Preliminary evidence. APPENDIX C (attached) denotes areas where subrecipients must report the total funds that are allocated to evidence -based interventions N and areas where subrecipients must report on whether projects are Primarily serving disadvantaged communities (A). FY 2022 ARPA Funding Application Page 831 of 896 G. Conflict of Interest Federal law (24 CFR § 570.611) prohibits persons who exercise or who have exercised any functions or responsibilities with respect to the above grant ... or who are in a position to participate in a decision making process or to gain inside information with regard to such activities, may obtain a financial interest or benefit from an assisted activity... either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 1. Is there any member of the applicant's staff, member of the applicant's Board of Directors, or office who currently is or has/have been within one year of the date of this application a City employee, or a member of the City Commission? Yes 0Ar If yes, please list names: 2. Is there any member of the applicant's staff, member(s) of the Board of Directors, or officer(s) who are business partners or immediate family of a City employee, or a member of the City Commission? Yes No If yes, please list names: 3. Will the funds requested by the applicant be used to pay the salaries of any of the applicant's staff or award a subcontract to any individual who is or has been within one year of the date of this application a City employee, or a member of the City Commission? Yes No If yes, please list names: The applicant certifies to the best of his/her knowledge and belief that the data in this application is true and correct and that the filing of the application has been duly authorized by the governing body of the applicant (if applicable) and that the applicant will comply with all the requirements of this grant if the application is approved. Name: _ Signature: Title: Date: Name: Signature: Title: Date: FY 2022 ARPA Funding Application Page 832 of 896 H. Drug Free Workplace Certification 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 an employee for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees from drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that under this solicitation a copy of the statement specified in subsection (1) above. 4. In the statement specified in section (1), notify the employees that, as a condition of working in the commodities or contractual services that are under this solicitation, the employees will Abide by the terms of the statement and will notify the employee of any conviction of, or pleas of guilty or nolo contendere to, any violation of Chapter 893 or if and controlled substance law of the United States or any state, for a violation occurring in the work place 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, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Signature of Respondent Witness FY 2022 ARPA Funding Application Page 833 of 896 APPENDIX A— Eligible Uses The following is not an exhaustive list of potential projects or programs, but are provided as examples of eligibility, based upon the City of Boynton Beach Qualified Public Survey Response. Any questions regarding eligibility of projects or programs, please contact Carisse LeJeune, ARPA Project Manager at leieunec@bbfl.us. COMMUNITY ASSESSMENT PRIORITIES ELIGIBLE PROJECTS/PROGRAMS Economic Stability & Resilience • Small business grants and loans • Target hardest hit industries, ex. fishing and art industries • Supporting businesses that did not qualify for federal programs • Technical assistance support • Job training assistance • Direct payments to households • Food assistance • Prioritize low -to -moderate income families Housing Affordability & Home Ownership • Rental and mortgage assistance • Affordable housing • Utility assistance • Housing counseling • Home rehabilitation • Homelessness services Educational Opportunities &Job Skills • Broadband infrastructure Development • Internship and mentorship programs • Literacy programs • Art/Enrichment programs • Prioritizing children that experienced at-home learning challenges • Entrepreneurship training Healthcare Access and Health Outcomes • Mental health services • Vaccine programs • Supporting Physical Education programs at schools • Public Health Clinics • Childcare • Home visiting programs • Substance and domestic abuse • Community health workers Criminal Justice & Safety • Community Violence Intervention (CVI) programs • Enforcement efforts to reduce gun violence • Investing in technology and equipment for law enforcement • Enhanced services for foster youths FY 2022 ARPA Funding Application Page 834 of 896 APPENDIX B - Evidenced -Based Intervention Additional Information What is evidence -based? For the purposes of the SLFRF, evidence -based refers to interventions with strong or moderate evidence as defined below: Strong evidence means the evidence base that can support causal conclusions for the specific program proposed by the applicant with the highest level of confidence. This consists of one or more well-designed and well -implemented experimental studies conducted on the proposed program with positive findings on one or more intended outcomes. Moderate evidence means that there is a reasonably developed evidence base that can support causal conclusions. The evidence base consists of one or more quasi -experimental studies with positive findings on one or more intended outcomes OR two or more nonexperimental studies with positive findings on one or more intended outcomes. Examples of research that meet the standards include: well-designed and well -implemented quasi -experimental studies that compare outcomes between the group receiving the intervention and a matched comparison group (i.e., a similar population that does not receive the intervention). Preliminary evidence means that the evidence base can support conclusions about the program's contribution to observed outcomes. The evidence base consists of at least one nonexperimental study. A study that demonstrates improvement in program beneficiaries over time on one or more intended outcomes OR an implementation (process evaluation) study used to learn and improve program operations would constitute preliminary evidence. Examples of research that meet the standards include: (1) outcome studies that track program beneficiaries through a service pipeline and measure beneficiaries' responses at the end of the program; and (2) pre- and post-test research that determines whether beneficiaries have improved on an intended outcome. Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance FY 2022 ARPA Funding Application Page 835 of 896 APPENDIX C — Expenditure Categories (For Treasury Reporting) The Expenditure Categories (EC) listed below must be used to categorize each project for Quarterly Reporting to the US Treasury. The term "Expenditure Category" refers to the detailed level (e.g., 1.1 COVID-19 Vaccination). When referred to at the summary level (e.g., EC 1) it includes all Expenditure Categories within that summary level. For example, EC 1 at the summary level is Public Health. (*) Denotes areas where recipients must identify the amount of the total funds that are allocated to evidence -based interventions (see Use of Evidence section above for details) (") Denotes areas where recipients must report on whether projects are primarily serving disadvantaged communities (see Project Demographic Distribution section above for details) Public Health 1.1 COVID-19 Vaccination" 1.2 COVID-19 Testing " 1.3 COVID-19 Contact Tracing 1.4 Prevention in Congregate Settings (Nursing Homes, Prisons/Jails, Dense Work Sites, Schools, etc.)* 1.5 Personal Protective Equipment 1.6 Medical Expenses (including Alternative Care Facilities) 1.7 Capital Investments or Physical Plant Changes to Public Facilities that respond to the COVID-19 public health emergency 1.8 Other COVID-19 Public Health Expenses (including Communications, Enforcement, Isolation/Quarantine) 1.9 Payroll Costs for Public Health, Safety, and Other Public Sector Staff Responding to COVI D-19 1.10 Mental Health Services* 1.11 Substance Use Services* 1.12 Other Public Health Services Negative Economic Impacts 2.1 Household Assistance: Food Programs* " 2.2 Household Assistance: Rent, Mortgage, and Utility Aid* " 2.3 Household Assistance: Cash Transfers* " 2.4 Household Assistance: Internet Access Programs* " 2.5 Household Assistance: Eviction Prevention* " 2.6 Unemployment Benefits or Cash Assistance to Unemployed Workers* 2.7 Job Training Assistance (e.g., Sectoral job -training, Subsidized Employment, Employment Supports or Incentives)* " 2.8 Contributions to UI Trust Funds 2.9 Small Business Economic Assistance (General)* " 2.10 Aid to Nonprofit Organizations* 2.11 Aid to Tourism, Travel, or Hospitality 2.12 Aid to Other Impacted Industries 2.13 Other Economic Support* " 2.14 Rehiring Public Sector Staff Services to Disproportionately Impacted Communities 3.1 Education Assistance: Early Learning*" 3.2 Education Assistance: Aid to High -Poverty Districts" FY 2022 ARPA Funding Application Page 836 of 896 3.3 Education Assistance: Academic Services ^ 3.4 Education Assistance: Social, Emotional, and Mental Health Services ^ 3.5 Education Assistance: Other* ^ 3.6 Healthy childhood environments: Child Care* ^ 3.7 Healthy Childhood environments Home Visiting* ^ 3.8 Healthy Childhood Environments: Services to Foster Youth or Families Involved in Child Welfare System* ^ 3.9 Healthy Childhood Environments: Other* ^ 3.10 Housing Support: Affordable Housing* ^ 3.11 Housing Support: Services for Unhoused Persons* ^ 3.12 Housing Support: Other Housing Assistance* ^ 3.13 Social Determinants of Health: Other* ^ 3.14 Social Determinants of Health: Community Health Workers or Benefits Navigators* ^ 3.15 Social Determinants of Health: Lead Remediation ^ 3.16 Social Determinants of Health: Community Violence Interventions* ^ Administrative 7.1 Administrative Expenses 7.2 Evaluation and Data Analysis 7.3 Transfers to Other Units of Government 7.4 Transfers to Non -entitlement Units (States and territories only) Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance FY 2022 ARPA Funding Application Page 837 of 896 APPENDIX D — City of Boynton Beach Small Business Assistance Grant Program Program Overview The City of Boynton Beach (the "City") recognizes that small businesses have suffered substantial financial loss due to the economic impacts caused by the COVID-19 pandemic. In response to the negative economic impacts on our local businesses and the Boynton Beach economy, the City has created the City of Boynton Beach ARPA Small Business Assistance Grant Program (the "Program"). The Program is intended to provide direct financial assistance to businesses that were negatively impacted by the COVID-19 pandemic. The goal of this program is to help small businesses keep their doors open, protect local jobs, support community recovery, and increase the resiliency of local businesses in our community. Through the Program, the City will provide eligible businesses with a grant of up to $10,000. Grant funding will be based on loss revenue caused by the pandemic. Businesses must meet all of the eligibility requirements to qualify for grant funding. Priority will be given to businesses that have not received any government relief support funding. This includes but is not limited to: The Paycheck Protection Program (PPP), SBA's COVID EIDL Program, Palm Beach County's Restart Business Grant Program, and the Boynton Beach Community Redevelopment Agency's Small Business Disaster Relief Forgivable Loan Program. Program Funding Amount The total amount requested for this program is $345,000. Of the total amount requested, $300,000 will go directly to small businesses in the form of a grant with the remaining funds going toward an administrative fee capped at 15% equaling $45,000. Eligibility Requirements • Business must be a for-profit business that has been in operation (as evidenced by a Certificate of Occupancy and/or City of Boynton Beach Business Tax Receipt) prior to March 1, 2020. • Business must be located within the city limits of the City of Boynton Beach. • Business has to have between 1 and 25 employees with an annual gross revenue of $3,000,000 or less. Non-profit organizations are not eligible for funding. • Business must have experienced a loss of revenue due to the COVID-19 pandemic and be able to demonstrate this loss with documentation. • Business must be properly licensed by all necessary levels of government and professional associations or agencies, including City and County Business Tax Receipts (BTRs). • If any individual is the Principal/Owner for more than one eligible business, the Principal/owner may only sign the application on behalf of one business. (Note: this means that if one or more eligible businesses have a Principal/Owner in common, only FY 2022 ARPA Funding Application Page 838 of 896 one of those businesses may apply for the Program, even if the business(es) has(have) more than one Principal/Owner). Eligible Uses The grant may be used for any of the following options: • Revenue loss mitigation — Funds may be used to mitigate financial hardship such as declines in revenues or impacts of periods of business closure, for example by supporting payroll and benefits costs, costs to retain employees, mortgage, rent, or utilities costs, and other operating costs • Facilities — Funds may be used to implement COVID-19 prevention or mitigation tactics, such as physical plant changes to enable social distancing, enhanced cleaning efforts, barriers or partitions, or COVID-19 vaccination, testing, or contact tracing programs • Business Planning — Funds may be used to obtain technical assistance, counseling, or other services to assist with business planning needs due to impacts from the COVID-19 pandemic. Ineligible Uses Grant funds may not be use for the following: • Paying off non -business debt, such as personal credit cards for purchases not associated with the business • Personal expenses not associated with the business • Direct financing to political activities or paying off taxes and fines • The purchase of drugs, tobacco, and/or alcohol • Food and entertainment • Bonuses • Travel not associated with direct business operations • Any other expenses the City determines does not meet the eligible use requirements of the American Rescue Plan Act (ARPA) Application Process Grants will be awarded on a first-come, first-served basis with priority given to those businesses that have not received any government relief support funding. Once your completed application is received with all required documentation and eligibility has been verified, staff will process your application for City Commission approval. All required documentation must be submitted before staff can approve your application. Required Documentation in Application Package All applicants must submit the following documentation with your application: 1. Completed and signed application 2. Completed W9 Form (included in this application package if needed) 3. Copy of City of Boynton Beach Business Tax Receipt FY 2022 ARPA Funding Application Page 839 of 896 4. Copy of "Active" State of Florida Division of Corporations Record as shown on SunBiz.org. Grant applicant must be the business entity (or d/b/a) named on the corporate documents. 5. Completed Certifications and Affirmations Form 6. Business Financials Sole Proprietors o 2019 and 2020 Individual Income Tax Returns (Form 1040) including Schedule C and all other schedules/statements submitted with the tax returns to IRS; and o Profit and Loss Statement from any quarter in 2020 and/or 2021 indicating a loss in revenue (please sue the attached template if needed); or o Bank statements from any quarter in 2020 and/or 2021 indicating a loss in revenue Corporations and LI -Cs o 2019 and 2020 Corporate Income Tax Return (Form 1120 or 1120-S); and o Employer's Quarterly Federal Tax Return for any quarter indicating a loss in revenue (IRS Form 941); or o Profit and Loss Statement from any quarter in 2020 and/or 2021 indicating a loss in revenue (please sue the attached template if needed); or o Bank statements from any quarter in 2020 and/or 2021 indicating a loss in revenue Partnerships o 2019 and 2020 Return of Partnership Income (Form 1065); and o Employer's Quarterly Federal Tax Return for any quarter indicating a loss (IRS Form 941); or o Profit and Loss Statement from any quarter in 2020 and/or 2021 indicating a loss in revenue (please sue the attached template if needed); or o Bank statements from any quarter in 2020 and/or 2021 indicating a loss in revenue 7. Additional documentation that demonstrates the business experienced a negative economic impact. REPAYMENT Funding from this grant program is subject to federal, state and local audit. If a determination is made that these grant funds were used in a manner inconsistent with program guidelines, for an ineligible expense or for expenses reimbursed by another federal, state or local grant/loan program then the business or business owner will reimburse the City of Boynton Beach these funds. See list of eligible and ineligible uses above. FY 2022 ARPA Funding Application Page 840 of 896 SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the City of Boynton Beach to any third party. The City is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award grant funding. FY 2022 ARPA Funding Application Page 841 of 896 City of Boynton Beach ARPA Small Business Assistance Grant Program Certifications and Affirmations Applicant Signature: Title: FY 2022 ARPA Funding Application Page 842 of 896 I certify that I am authorized to submit this application on behalf of the applicant business. I certify that the information provided in this application and the information provided in all supporting documents and forms is true and accurate. I understand that knowingly making a false statement in this application may subject me to criminal prosecution and penalties in accordance with applicable law. I further understand that, if it is determined that any of the requirements of the federal American Rescue Plan Act are found to not be satisfied in connection with my application and/or grant award, the City of Boynton Beach retains the right to seek reimbursement of any disbursed funds. I affirm that the award and payment of grant funds are subject to the sole and absolute discretion of the City of Boynton Beach City Commission without recourse. By submitting this application, I waive any and all claims related to the City of Boynton Beach ARPA Small Business Assistance Grant Program and specifically agree to indemnify and hold the City, its employees, officers, agents, and representatives harmless from any and all claims which may be in any way related to any City of Boynton Beach ARPA Small Business Assistance Grant Program award, payment, and/or denial. I affirm that due to the public health emergency with respect to COVID-19, this grant is necessary to support the ongoing operations for the applicant business. If funded, I affirm the applicant business will continue business operations in the City of Boynton Beach. I affirm that the tax documents are identical to those I have submitted to the Internal Revenue Service. I certify my business has an active City of Boynton Beach Business Tax Receipt OR is exempt from filing a Business Tax Receipt with the City of Boynton Beach. I certify that my business was established and operating in the City of Boynton Beach on or before March 1, 2020. I acknowledge that, if this grant is approved, any amount my business receives may be considered taxable income by the Internal Revenue Service. I acknowledge that, if this grant application is approved, the City of Boynton Beach shall have access to my business records, including business records to document expenditures from the time of grant award through December 31, 2024. I acknowledge that, if this grant application is approved, my name, my business name, and my grant award amount may be made public by the City of Boynton Beach. Applicant Signature: Title: FY 2022 ARPA Funding Application Page 842 of 896 Date: FY 2022 ARPA Funding Application Page 843 of 896 Profit and Loss Statement For Period: Applicant's Name: Applicant's Company Name: Applicant's Company Address: Revenue: Sales: Income: Other Total income: Expenses: Automobile: Fuel: Insurance: Supplies: Rent: Telephone: Other Other Other Total Expenses: Total Income minus Total Expense: Name of person who prepared Profit & Loss: Company Name (if applicable): Telephone Number: Signature: Date: Amount: Warning: Florida Statute817.03 Making false statement to obtain property or credit. Any person who shall make or cause to be made any false statement, in writing, relating to his or her financial condition, assets or liabilities, or relating to financial condition, assets or liabilities of any firm or corporation in which such person has a financial interest, or for whom he or she is acting, with fraudulent intent of obtaining credit, goods money or other property, and shall be such false statement obtain credit, goods, money or other property, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. FY 2022 ARPA Funding Application Page 844 of 896 Office of Economic Development and Strategy 100 E. Ocean Ave. Boynton Beach, Florida 33435 (P): 561-742-6014 1 (F): 561-742-6011 www. bovnton-beach.oro December 23, 2021 Re: ARPA Partnership Funding Request — Small Business Technical Assistance Program Dear Mayor, Vice Mayor and Commissioners: The attached funding request is a partnership with Florida Atlantic University (FAU) Tech Runway for the Small Business Technical Assistance Program. This program will allow FAU Tech Runway to administer free, personalized technical assistance programs to assistance small businesses and entrepreneurs with starting and growing their business. This funding request will go towards scholarships for local business owners, employees and entrepreneurs to participate in the technical assistance programs. A more detailed description of the technical assistance programs, funding request, and eligibility requirements can be found in the attached document. The Small Business Technical Assistance Program is a separate ARPA program from the Small Business Assistance Grant Program, which will administer grants to existing small businesses that have experienced a negative economic impact due to the COVID-19 pandemic. Sincerely, John Durgan Economic Development Manager City of Boynton Beach Page 845 of 896 CITY OF- IIIA B E A C H CITY OF BOYNTON BEACH ARPA SMALL BUSINESS TECHNICAL ASSISTANCE PROGRAM ARPA Spending Priority: Economic Stability and Resilience Funding Amount: $60,000 Purpose/Goal: To provide local Boynton Beach entrepreneurs and small business owners, who have been economically impacted by the COVID-19 pandemic, access to personalized training programs that will help individuals build a business or grow an existing business. FAU Tech Runway has a vast network of resources and access to experts that can help entrepreneurs take that next step and develop their business and/or assist existing business owners with expanding/refining their operations to grow their business and adapt to the pandemic recovery. Funding Description: The funding will go directly to scholarships for 100 individuals to participate in two (2) of FAU's training programs. The total cost to participate in both of FAU's programs is $600 per person. This program would fund scholarships for 100 individuals to participate in these programs for a total cost of $60,000. Cost of Two (2) Training Programs Number of Participants Eligible Through this Program Total Cost of the Program $600 100 $60,000 Page 846 of 896 Program Overview The City of Boynton Beach recognizes that small businesses have suffered substantial financial loss due to the economic impacts caused by the COVID-19 pandemic. The pandemic has also impacted entrepreneurs looking to start a business by making it difficult to access credit, losing expected startup capital, and increasing the costs to start a business. In response to the negative economic impacts on our local businesses and entrepreneurs, the City has created the City of Boynton Beach Small Business Technical Assistance Program. The Program is intended to provide local entrepreneurs and business owners with access to free technical assistance training programs, administered by Florida Atlantic University (FAU) Tech Runway, to help build and grow their business. Through this Program, FAU Tech Runway will provide entrepreneurs and small business owners who experienced a negative economic impact due to the COVID-19 pandemic free access to training programs that will help entrepreneurs create a thriving business and existing small business owners grow their business while mitigating the economic impact of the pandemic. The City is requesting $60,000 to support entrepreneurs and small business owners to participate in two (2) different technical assistance training programs administered by FAU Tech Runway. The funds will provide the opportunity for 100 entrepreneurs and/or small business owners/employees to participate in both of FAU Tech Runway's technical assistance programs: Entrepreneurship Bootcamp and Market Validation Program (MVP). Participants will have the option of participating in one or both of the programs. Eligibility Requirements • Business/potential business must be a for-profit business. • Business/potential business must be located within the city limits of the City of Boynton Beach. • Entrepreneur/small business must have experienced a negative economic impact due to the COVID-19 pandemic and be able to demonstrate this with documentation. Technical Assistance Programs Market Validation Program (MVP) The Market Validation Program is a customer discovery program that challenges participants to define their product market fit by talking to customers. Participation in MVP will help entrepreneurs clearly communicate the following: what is your product, who is your customer and why do they care? This is accomplished through a 4 -week program where entrepreneurs talk to potential customers to uncover pain points, challenges, and needs. The program consists Page 847 of 896 of a kickoff workshop (in person), two office hour check -ins (30 minutes each, can be virtual) and a finale presentation (in person). A total of 25 customer discovery interviews will be conducted throughout the program as well as weekly presentations. After completing this program, participants will be able to: • Identify or validate unmet market needs • Discover your product market fit (i.e. who is your customer and what needs are you fulfilling) • Refine your business thesis and value proposition • Identify gaps and assumptions in your business model canvas • De -risk your company/startup by conducting customer discovery interviews • Gather qualitative data which can be used in future pitches/meetings/company pivots • Search for grant funding mechanisms • Obtain a free consultation with a Small Business Development Center (SBDC) consultant • Build a network of potential early adopters/partners/customers • Learn about FAU Tech Runway, ACE Business Plan Competition, ACE Entrepreneurial Bootcamp, FAU Wave, and SBDC at FAU Cost: $100/participant Entrepreneurship Boot Camp The Entrepreneurship Boot Camp will provide a comprehensive and systematic approach to starting and growing a business. Individuals can begin this program at any phase in their business development. This is an intensive 8 -week certificate program that will be administered through a 3 -hour class once a week. Participants will also receive access to mentors for business support. All participants will receive a Florida Atlantic University Certificate upon satisfactory completion of all sessions. This program is designed to develop a thorough understanding of the following: • How to deliver value to your customer • How to validate an effective business model • How to write an effective business plan • How to pitch a plan to investors • How to determine sales methods and how to project sales revenues and expenses • How to find seed funding for your new venture • Discover the most effective research tools available, from using databases in researching competition to understanding customer segments • How to create a valuable marketing plan Page 848 of 896 • How to gain investor attention from family and friends, crowdsourcing, SBA, and institutional funding. Cost: $500/participant Page 849 of 896 Office of Economic Development and Strategy 100 E. Ocean Ave. Boynton Beach, Florida 33435 (P): 561-742-6014 1 (F): 561-742-6011 www. bovnton-beach.oro December 21, 2021 Re: ARPA Partnership Funding Request — Palm Beach County School District Dear Mayor, Vice Mayor and Commissioners: The attached Project Charters are part of a partnership with the Palm Beach County School District. The Charters include a STEAM classroom, STEM Club, and an Enrichment Project that will provide our local students with important extracurricular activities that support their academic, physical, and emotional well-being. These extracurricular activities play an important role as they will provide additional opportunities for the students and support the regular school curriculum. Below is a breakdown of each school's funding request and the total cost of the partnership. School Project Name Funding Request Freedom Shores Elementary STEM Club $8,000 Forest Park Elementary Forest Park Enrichment Project $20,000 Citrus Cove Elementary Citrus Cove Elementary STEAM Classroom $15,500 Total Amount Requested $43,500 The Project Charters will provide a more detailed description of each project's mission, objectives, and deliverables. Sincerely, PV,M Dav" John Durgan Economic Development Manager City of Boynton Beach Page 850 of 896 CITY CF - IJ �B_OYNTON B E A C H Project Charter Project STEM Club Created By Michael Sabotino Date 11-12-21 Phone 561-804-3100 Email Michael.sabatino@ a1mbeac hschool ".or Mission Our vision is to connect scientific concepts and standards to hands-on projects and experiments so the students have a visual experience of what they are learning. Through the use of Robotics the students can develop these skills and learn to apply them as well. Objectives By the students actively participating in creating programs to control the Robots they can make connections to the standards they are learning in the classroom which will help to clarify what is being learned in the classroom. This will also develop more background knowledge about the standards. Deliverables This project will allow the students to use coding skills along with computer knowledge to control robots. They will also develop the robots so many different standards will be developed. Stakeholders This will be done be students in an afterschool club sponsored by our STEM teacher and other science teachers at our school. Roles and The kits that we would like to order come with instructions for many different Responsibilities applications, so the teachers would be able to focus lesson on various standards when building the robotics. The students would work together in small groups and collaborate their ideas. High -Level Work The project will be an ongoing task until it is completed, then the students can Breakdown develop a more intricate device to further enhance their understanding. Structure Assumptions The students' interest levels are a main focus with this project, since they are very attentive to computer based applications and robots. Communications Communication will be done through phone calls and written notes. There will be permission slips so the parents will be as accountable as the students and the club will meet weekly. Risks The highest risks will be parent pick-ups, but this is addressed through the permission slips which clearly state that two late pick-ups would lead to termination from the club. Documentation The teachers of the club will keep a binder with notes about the students' accomplishments. The students will also have a journal so they can track ideas that were successful as well as those that were not so they can make necessary improvements. Boundaries There may be some items that would be needed to increase the levels of the projects being done by the students such as materials to build tracks. Decision Making The decisions would be made by the teachers and they would assist the Process children in developing their project. Signatures See attachment I I PO age e 851 of 896 "r-CITY of BOYNTON Project Charter Project Forest Park Enrichment Project Created By Nancy Robinson Date 12-17-21 Phone 561-292-6903 Email Nancy. robinson@palmbea chschools.org toni.mcmillan@paim beach schools.orq Funding Request $20,000 Mission Provide enrichment opportunities for Forest Park students in academics, physical and emotional well being Objectives • Performing arts- Expand musical theater experience in an afterschool club • Physical Fitness - Promote healthy lifestyle and healthy choice in an afterschool club • Social Emotional Learning - Enhance school environment to promote social and emotional wellbeing throughout the school day • Citizenship - Expand our IB Ambassador club to promote good citizenship in the school community throughout the school day and afterschool club • Academic Acceleration - Provide enrichment opportunities for primary students in the area of math and science in an afterschool club and/or summer camp • Behavioral - Provide a Girls' Club and Boys' Club to promote positive behavior in an afterschool club Deliverables Performing arts Students will participate in a musical theater production Physical Fitness Students will participate in fitness program Social Emotional Learning Students will benefit from a room that support social emotional needs of students Citizenship Students will have opportunities to participate in school marketing and school events that focus on IB traits Academic Acceleration Students will participate in challenging project -based math and science learning Behavioral Students will have an opportunity to apply lessons from their club in a real- life setting Stakeholders The selected students/parents and club sponsors are stakeholders in the project. 1'°a°de 852 of 896 lr6- �. O �A 'I Roles and The admin team will meet regularly with club sponsors/teachers to Responsibilities monitor commitment to the project and measure deliverables High -Level Work The enrichment project has six components. Administration will monitor Breakdown all components for compliance. Structure ,W Assumptions The funding will strength the clubs and provide financial resources Communications Communication will be conveyed through newsletters, flyers, phone calls emails and social media. Risks Limited risk due to majority of activities are campus- based Documentation Each sponsor of each club will be responsible for their budget, attendance and program evaluation. The admin team will oversee the implementation. Boundaries Participation boundaries are limited to the students of Forest Park. Decision Making The sponsors of each club will meet with administration periodically to Process address concerns. Signatures Nancy Robinson, Principal and Toni McMillan, Assistant Principal 2'°a°de 853 of 896 '(CITY OF BOYNTON B E A C H Project Charter Project Citrus Cove Elementary STEAM Classroom Created By Adina Kerr Date 11/23/21 Phone 561-292-7000 Email adina.kerr@palmbeachschools.org Mission Our project mission is to reach and educate all of our students with a STEAM classroom that can be utilized PreK-5. In our STEAM classroom there will be computers, hands on science materials, art supplies, 3D printers, music instruments and math manipulatives for teachers and students to use on a rotating basis for project -based learning, which gives all classes the opportunity to explore the five components of STEAM. Due to the global pandemic, students experienced an academic decline which this classroom would assist in helping students connect what they are learning to hands on , real world experiences. Objectives We want to allow our students to be creative, plan and test their hypothesis and have fun leaming about different aspects of the careers that will be available to them in the future. We have found that using this model has helped individual learning growth and enhanced the leaming experience with the ability to work in groups. Students have become more independent and responsible for their learning. Having a STEAM classroom available, all items will be at the teachers and students' finger tips. There will be no need to transport materials from classroom to classroom. Deliverables Our STEAM classroom will allow students to become independent thinkers and guide them through the problem -solving process. It will give all students the opportunity to explore the arts in an environment that is structured to help the beginning student to grow to an advanced student. This will help our diverse students achieve learning goals in reading, math and science. As well as, allowing the students who do not have the opportunity to be enriched in after school programs to experience that enrichment like their peers. We will expose students to tools and skills related to careers that fall under the STEAM umbrella, such as engineering or science. This can be measured through gains of formal assessments. Stakeholders We will have a team put in place including our administration, STEAM committee which is comprised of teachers from each grade level, an appointed member from our PTO and SAC committees to have a well-balanced team. Adina Kerr, music director and SAC chair will be the sponsor a ina. egaalmbeachschools,org natalie,cromwel almbeachschools,org michelle.richar s(d),oalmbeachschools,ori 1 "06ge 854 of 896 "I C)F- BOYNTON A Roles and Project Manager: Adina Kerr, develops schedule, task roster, and delegates to Responsibilities leads Administration: Natalie Cromwell, approves all purchases made Bookkeeper: Cara Monteith, will purchase all items necessary to create our STEAM classroom. Committee Lead: Michelle Richards, STEAM Committee Chair will meet with the STEAM committee and Fine Arts teachers to discuss what items may be needed for the classroom to enhance the students learning experience. PTO Representative: communicate with the PTO board about the STEAM classroom SAC Representative: Sophia Youngberg, community stakeholder, communicates with the School Advisory Council about the STEAM classroom High -Level Work The classroom will be designed by project manager and fine arts team and they Breakdown will present the plan to the project committee leads. We will break down the Structure project into smaller tasks that each lead will then execute with their assigned group. The STEAM committee will be responsible for compiling a list of items needed for the room to be functioning as a STEAM classroom. All other project team members are there to support and help with the organization of volunteers for set up/ work days. Assumptions We will have all project members attend the meetings. All of our volunteers will have the skills needed to perform any duty. All materials will be in working order and no delays on items purchased. Communications All information will be communicated through the project manager to each team member. All final approvals will come from administration. We have a great team of administration, teachers, support staff, parents and community members. Our relationships are strong and their goal is to make our school community the best in Palm Beach County. Out team will meet for the presentation of the project, a planning meeting, update on team volunteers, workday schedule meeting, and final completion of project meeting. We will value and consider all opinions from a variety of viewpoints. Risks Plan will be clearly defined; all teachers and staff will be trained in the use of materials. Documentation All documentation will be kept on a Google Sheet by teachers utilizing the STEAM classroom. As items/activities change, the Google Sheet will be updated. We will be keeping track of the number of hours and number of students used the STEAM classroom. Boundaries The school will provide the space and set up for the STEAM classroom. Decision Making All decisions will be voted on at our presentation and planning meetings by our Process project team by a simple majority. 50% plus 1 Signatures We will have the committee sign a final version of the charter once agreed-upon. 21 "06ge 855 of 896 ARPA Notice of Funding Opportunity FY 2022 COMPLIANCE AND REPORTING GUIDANCE On June 17, 2021, the US Treasury released Compliance and Reporting Guidance for State and Local Fiscal Recovery Funds. Then on November 5, 2021, the Treasury released updated Guidance on Recipient Compliance and Reporting Responsibilities for the Coronavirus State and Local Fiscal Recovery Funds (CSLFRF). This guidance provides detail and clarification on recipients' compliance and reporting responsibilities. The City of Boynton Beach (the "City") is the recipient for Local Fiscal Recovery Funds and intends to provide funding for services, programs, and interventions either directly or through existing evidence -based program agencies and non-profit Notice of Funding Opportunities. Eligibility. Under this program, recipients are responsible for ensuring funds are used for eligible purposes. Generally, recipients must develop and implement policies and procedures, and record retention, to determine and monitor implementation of criteria for determining the eligibility of beneficiaries and/or subrecipients. The City, and if applicable, the subrecipient(s) administering a program on behalf of the City, will need to maintain procedures for obtaining information evidencing a given beneficiary, subrecipient, or contractor's eligibility including a valid SAM.gov registration. Implementing risk-based due diligence for eligibility determinations is a best practice to augment your organization's existing controls. Subrecipient Monitoring. SLFRF recipients that are pass-through entities as defined under 2 CFR 200.1 are required to manage and monitor their subrecipients to ensure compliance with requirements of the SLFRF award pursuant to 2 CFR 200.332 regarding requirements for pass-through entities. First, the City must clearly identify to the subrecipient: (1) that the award is a subaward of SLFRF funds; (2) any and all compliance requirements for use of SLFRF funds; and (3) any and all reporting requirements for expenditures of SLFRF funds. Next, the City will need to evaluate each subrecipient's risk of noncompliance based on a set of common factors. These risk assessments may include factors such as: • prior experience in managing Federal funds, • previous audits, • personnel, and • policies or procedures for award execution and oversight. Ongoing monitoring of any given subrecipient should reflect its assessed risk and include: • monitoring, • identification of deficiencies, and • follow-up to ensure appropriate remediation. The City is developing written policies and procedures for subrecipient monitoring and risk assessment and maintenance of records of all award agreements identifying or otherwise documenting subrecipients' compliance obligations. 1I Page^ ARPA Notice of Funding Opportunity Compliance and Reporting Guidance City of Boynton Beach FY 2022 Page 856 of 896 Table 1: Internal Controls Best Practices Best Practice Description Example Written policies and procedures Formal documentation of Documented procedure for recipient policies and determining worker eligibility procedures for premium pay Written standards of conduct Formal statement of mission, Documented code of conduct / values, principles, and ethics for subcontractors professional standards Risk-based due diligence Pre -payment validations Enhanced eligibility review of conducted according to an subrecipient with imperfect assessed level of risk performance history Risk-based compliance Ongoing validations conducted Higher degree of monitoring for monitoring according to an assessed level projects that have a higher risk of risk of fraud, given program characteristics Record maintenance and Creation and storage of Storage of all subrecipient retention financial and non-financial payment information. records. For the following eligible use categories, recipients must identify the amount of the total funds that are allocated to evidence -based interventions, and recipients must report on whether projects are primarily serving disadvantaged communities. • Mental Health Services • Substance Use Services • Household Assistance: Food Programs • Household Assistance: Rent, Mortgage, and Utility Aid • Household Assistance: Cash Transfers • Household Assistance: Internet Access Programs • Household Assistance: Eviction Prevention • Unemployment Benefits or Cash Assistance to Unemployed Workers • Job Training Assistance (e.g., Sectoral job -training, Subsidized Employment, Employment Supports or Incentives) • Small Business Economic Assistance (General) • Aid to Nonprofit Organizations • Other Economic Support • Education Assistance: Early Learning • Education Assistance: Academic Services • Education Assistance: Social, Emotional, and Mental Health Services • Education Assistance: Other • Healthy Childhood Environments: Child Care • Healthy Childhood Environments: Home Visiting 21 Page^ ARPA Notice of Funding Opportunity Compliance and Reporting Guidance City of Boynton Beach FY 2022 Page 857 of 896 • Healthy Childhood Environments: Services to Foster Youth or Families Involved in the Child Welfare System • Healthy Childhood Environments: Other • Housing Support: Affordable Housing • Housing Support: Services for Unhoused Persons • Housing Support: Other Housing Assistance • Social Determinants of Health: Other • Social Determinants of Health: Community Health Workers or Benefits Navigators • Social Determinants of Health: Community Violence Interventions For the purposes of the SLFRF, evidence -based refers to interventions with strong or moderate evidence as defined below: Strong evidence means the evidence base that can support causal conclusions for the specific program proposed by the applicant with the highest level of confidence. This consists of one or more well-designed and well -implemented experimental studies conducted on the proposed program with positive findings on one or more intended outcomes. Moderate evidence means that there is a reasonably developed evidence base that can support causal conclusions. The evidence base consists of one or more quasi -experimental studies with positive findings on one or more intended outcomes OR two or more non -experimental studies with positive findings on one or more intended outcomes. 00- Information required in Project and Expenditure Reports for 66 Sub -Categories: 00- Project: project expenditure category, description, & status of completion. 00- Expenditures: current & cumulative obligations, and current & cumulative expenditures. Project Status: not started; completed <50%; completed >50%; completed. Project Demographic Distribution: identify whether the project is serving an economically disadvantaged community. 00- Subawards: detailed obligation & expenditure information for contracts, grants, loans, transfers, and direct payments made by the recipient greater or equal to $50,000. 00- Required Programmatic Data: structure & objectives of assistance program, number served, approach to ensuring that aid responds to a negative economic impact of Covid- 19. Financial records and supporting documents related to the award must be retained for a period of five years after all funds have been expended or returned to Treasury, whichever is later. Subrecipient records related to use of the grant funds and related business expenditures must be retained from the time of grant award through December 31, 2029. Any business records related to use of grant funds will be subject to public access in accordance with Florida Sunshine Law. 31 Page^ ARPA Notice of Funding Opportunity Compliance and Reporting Guidance City of Boynton Beach FY 2022 Page 858 of 896 Project and expenditure reporting is required quarterly and will be due January 2022 and will cover the period of March 3, 2021 to December 31, 2021. The subsequent quarterly reports will cover one calendar quarter and must be submitted to Treasury within 30 days after the end of each calendar quarter. Subrecipients will be required to submit quarterly project and expenditure reports to the City no later than 15 days after the end of each calendar quarter. In general, subrecipients will be asked to provide the following information: • Subrecipient identifying and demographic information (e.g., DUNS number and location) • Grant Award number (provided by the City) • Award date, type, amount, and description • Award payment method (reimbursable or lump sum payment(s)) • Primary place of performance • Related project name(s) • Related project identification numbers (created by the City) • Period of performance start date • Project status (not started, completed less than 50%, completed 50% or more, completed) • Period of performance end date • Quarterly obligation amount • Quarterly expenditure amount • Projects • Additional programmatic performance indicators for select Expenditure Categories (see Appendix C in the Subrecipient Grant Application) • Compliance with Title VI of the Civil Rights Act of 1964 (on an annual basis) The City has adopted and incorporated 2 CFR Part 200 into its City-wide Procurement Policy. The following sections are relevant excerpts from 2 CFR 200 that define and highlight the requirements for reporting and compliance. § 200.1 DEFINITIONS Advance payment means a payment that a Federal awarding agency or pass-through entity makes by any appropriate payment mechanism, including a predetermined payment schedule, before the non -Federal entity disburses the funds for program purposes. Allocation means the process of assigning a cost, or a group of costs, to one or more cost objective(s), in reasonable proportion to the benefit provided or other equitable relationship. The process may entail assigning a cost(s) directly to a final cost objective or through one or more intermediate cost objectives. Budget means the financial plan for the Federal award that the Federal awarding agency or pass-through entity approves during the Federal award process or in subsequent amendments to the Federal award. It may include the Federal and non -Federal share or only the Federal share, as determined by the Federal awarding agency or pass-through entity. Budget period means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which recipients are authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to § 200.308. 41 P a g e ARPA Notice of Funding Opportunity Compliance and Reporting Guidance City of Boynton Beach FY 2022 Page 859 of 896 Capital expenditures means expenditures to acquire capital assets or expenditures to make additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital assets that materially increase their value or useful life. Closeout means the process by which the Federal awarding agency or pass-through entity determines that all applicable administrative actions and all required work of the Federal award have been completed and takes actions as described in 200.344. Corrective action means action taken by the auditee that: (1) Corrects identified deficiencies; (2) Produces recommended improvements; or (3) Demonstrates that audit findings are either invalid or do not warrant auditee action. Disallowed costs mean those charges to a Federal award that the Federal awarding agency or pass- through entity determines to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. Expenditures means charges made by a non -Federal entity to a project or program for which a Federal award was received. (1) The charges may be reported on a cash or accrual basis, as long as the methodology is disclosed and is consistently applied. (2) For reports prepared on a cash basis, expenditures are the sum of: (i) Cash disbursements for direct charges for property and services; (ii) The amount of indirect expense charged; (iii) The value of third -party in-kind contributions applied; and (iv) The amount of cash advance payments and payments made to subrecipients. (3) For reports prepared on an accrual basis, expenditures are the sum of: (i) Cash disbursements for direct charges for property and services; (ii) The amount of indirect expense incurred; (iii) The value of third -party in-kind contributions applied; and (iv) The net increase or decrease in the amounts owed by the non -Federal entity for: (A) Goods and other property received; (B) Services performed by employees, contractors, subrecipients, and other payees; and (C) Programs for which no current services or performance are required such as annuities, insurance claims, or other benefit payments. Fixed amount awards mean a type of grant or cooperative agreement under which the Federal awarding agency or pass-through entity provides a specific level of support without regard to actual costs incurred under the Federal award. This type of Federal award reduces some of the administrative burden and record-keeping requirements for both the non -Federal entity and Federal awarding agency or pass- through entity. Accountability is based primarily on performance and results. See §§ 200.102(c), 200.201(b), and 200.333. Grantagreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non -Federal entity that, consistent with 31 U.S.C. 6302, 6304: (1) Is used to enter into a relationship the principal purpose of which is to transfer anything of value to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to 51 Page^ ARPA Notice of Funding Opportunity Compliance and Reporting Guidance City of Boynton Beach FY 2022 Page 860 of 896 acquire property or services for the Federal awarding agency or pass-through entity's direct benefit or use; (2) Is distinguished from a cooperative agreement in that it does not provide for substantial involvement of the Federal awarding agency in carrying out the activity contemplated by the Federal award. (3) Does not include an agreement that provides only: (i) Direct United States Government cash assistance to an individual; (ii) A subsidy; (iii) A loan; (vi) A loan guarantee; or (v)Insurance. Internal controls for non -Federal entities means: (1) Processes designed and implemented by non -Federal entities to provide reasonable assurance regarding the achievement of objectives in the following categories: (i) Effectiveness and efficiency of operations; (ii) Reliability of reporting for internal and external use; and (iii) Compliance with applicable laws and regulations. Pass-through entity (PTE) means a non -Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program. Period of performance means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions, or budget periods. Identification of the period of performance in the Federal award per § 200.211(b)(5) does not commit the awarding agency to fund the award beyond the currently approved budget period. Program income means gross income earned by the non -Federal entity that is directly generated by a supported activity or earned as a result of the Federal award during the period of performance except as provided in § 200.307(f). (See the definition of period of performance in this section.) Program income includes but is not limited to income from fees for services performed, the use or rental or real or personal property acquired under Federal awards, the sale of commodities or items fabricated under a Federal award, license fees and royalties on patents and copyrights, and principal and interest on loans made with Federal award funds. Interest earned on advances of Federal funds is not program income. Project cost means total allowable costs incurred under a Federal award and all required cost sharing and voluntary committed cost sharing, including third -party contributions. Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Subrecipient means an entity, usually but not limited to non -Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 61 P a g e ARPA Notice of Funding Opportunity Compliance and Reporting Guidance City of Boynton Beach FY 2022 Page 861 of 896 Termination means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance. A lack of available funds is not a termination. Third -party in-kind contributions means the value of non-cash contributions (i.e., property or services) that - (1) Benefit a federally -assisted project or program; and (2) Are contributed by non -Federal third parties, without charge, to a non -Federal entity under a Federal award. § 200.331 SUBRECIPIENT AND CONTRACTOR DETERMINATIONS The non -Federal entity may concurrently receive Federal awards as a recipient, a subrecipient, and a contractor, depending on the substance of its agreements with Federal awarding agencies and pass- through entities. Therefore, a pass-through entity must make case-by-case determinations whether each agreement it makes for the disbursement of Federal program funds casts the party receiving the funds in the role of a subrecipient or a contractor. The Federal awarding agency may supply and require recipients to comply with additional guidance to support these determinations provided such guidance does not conflict with this section. (a) Subrecipients. A subaward is for the purpose of carrying out a portion of a Federal award and creates a Federal assistance relationship with the subrecipient. See definition for Subaward in § 200.1 of this art. Characteristics which support the classification of the non -Federal entity as a subrecipient include when the non -Federal entity: (1) Determines who is eligible to receive what Federal assistance; (2) Has its performance measured in relation to whether objectives of a Federal program were met; (3) Has responsibility for programmatic decision-making; (4) Is responsible for adherence to applicable Federal program requirements specified in the Federal award; and (5) In accordance with its agreement, uses the Federal funds to carry out a program for a public purpose specified in authorizing statute, as opposed to providing goods or services for the benefit of the pass-through entity. (b) Contractors. A contract is for the purpose of obtaining goods and services for the non -Federal entity's own use and creates a procurement relationship with the contractor. See the definition of contract in §_290.1 of this part. Characteristics indicative of a procurement relationship between the non -Federal entity and a contractor are when the contractor: (1) Provides the goods and services within normal business operations; (2) Provides similar goods or services to many different purchasers; (3) Normally operates in a competitive environment; (4) Provides goods or services that are ancillary to the operation of the Federal program; and (5) Is not subject to compliance requirements of the Federal program as a result of the agreement, though similar requirements may apply for other reasons. (c) Use of judgment in making determination. In determining whether an agreement between a pass- through entity and another non -Federal entity casts the latter as a subrecipient or a contractor, the substance of the relationship is more important than the form of the agreement. All of the characteristics listed above may not be present in all cases, and the pass-through entity must use judgment in classifying each agreement as a subaward or a procurement contract. (g) Compliance responsibility for contractors. In most cases, the auditee's compliance responsibility for contractors is only to ensure that the procurement, receipt, and payment for goods and services comply 71 Page^ ARPA Notice of Funding Opportunity Compliance and Reporting Guidance City of Boynton Beach FY 2022 Page 862 of 896 with Federal statutes, regulations, and the terms and conditions of Federal awards. Federal award compliance requirements normally do not pass through to contractors. However, the auditee is responsible for ensuring compliance for procurement transactions which are structured such that the contractor is responsible for program compliance or the contractor's records must be reviewed to determine program compliance. Also, when these procurement transactions relate to a major program, the scope of the audit must include determining whether these transactions are in compliance with Federal statutes, regulations, and the terms and conditions of Federal awards. (h) For-profit subrecipient. Since this part does not apply to for-profit subrecipients, the pass-through entity is responsible for establishing requirements, as necessary, to ensure compliance by for-profit subrecipients. The agreement with the for-profit subrecipient must describe applicable compliance requirements and the for-profit subrecipient's compliance responsibility. Methods to ensure compliance for Federal awards made to for-profit subrecipients may include pre -award audits, monitoring during the agreement, and post -award audits. See also 200.332. [78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75887, Dec. 19, 2014; 85 FR 49571, Aug. 13, 2020] § 200.332 REQUIREMENTS FOR PASS-THROUGH ENTITIES All pass-through entities must: (a) Ensure that every subaward is clearly identified to the subrecipient as a subaward and includes the following information at the time of the subaward and if any of these data elements change, include the changes in subsequent subaward modification. When some of this information is not available, the pass-through entity must provide the best information available to describe the Federal award and subaward. Required information includes: (1) Federal award identification. (i) Subrecipient name (which must match the name associated with its unique entity identifier); (ii) Subrecipient's unique entity identifier; (iii) Federal Award Identification Number (FAIN); (iv) Federal Award Date (see the definition of Federal award date in § 200.1 of this part) of award to the recipient by the Federal agency; (v) Subaward Period of Performance Start and End Date; (vi) Subaward Budget Period Start and End Date; (vii) Amount of Federal Funds Obligated by this action by the pass-through entity to the subrecipient; (viii) Total Amount of Federal Funds Obligated to the subrecipient by the pass-through entity including the current financial obligation; (ix) Total Amount of the Federal Award committed to the subrecipient by the pass-through entity; (x) Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA); (xi) Name of Federal awarding agency, pass-through entity, and contact information for awarding official of the Pass-through entity; (xii) Assistance Listings number and Title; the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listings Number at time of disbursement; (xiii) Identification of whether the award is R&D; and (xiv) Indirect cost rate for the Federal award (including if the de minimis rate is charged) per § 200.414. 81 P a g e ARPA Notice of Funding Opportunity Compliance and Reporting Guidance City of Boynton Beach FY 2022 Page 863 of 896 (2)Al I requirements imposed by the pass-through entity on the subrecipient sot hat the Federal award is used in accordance with Federal statutes, regulations and the terms and conditions of the Federal award; (3) Any additional requirements that the pass-through entity imposes on the subrecipient in order for the pass-through entity to meet its own responsibility to the Federal awarding agency including identification of any required financial and performance reports; (4) (i) An approved federally recognized indirect cost rate negotiated between the subrecipient and the Federal Government. If no approved rate exists, the pass-through entity must determine the appropriate rate in collaboration with the subrecipient, which is either: (A) The negotiated indirect cost rate between the pass-through entity and the subrecipient; which can be based on a prior negotiated rate between a different PTE and the same subrecipient. If basing the rate on a previously negotiated rate, the pass-through entity is not required to collect information justifying this rate, but may elect to do so; (B) The de minimis indirect cost rate. (ii) The pass-through entity must not require use of a de minimis indirect cost rate if the subrecipient has a Federally approved rate. Subrecipients can elect to use the cost allocation method to account for indirect costs in accordance with § 200.405(d). (5) A requirement that the subrecipient permit the pass-through entity and auditors to have access to the subrecipient's records and financial statements as necessary for the pass-through entity to meet the requirements of this part; and (6) Appropriate terms and conditions concerning closeout of the subaward. (b) Evaluate each subrecipient's risk of noncompliance with Federal statutes, regulations, and the terms and conditions of the subaward for purposes of determining the appropriate subrecipient monitoring described in paragraphs (d) and (e) of this section, which may include consideration of such factors as: (1) The subrecipient's prior experience with the same or similar subawards; (2) The results of previous audits including whether or not the subrecipient receives a Single Audit in accordance with Subpart F of this part, and the extent to which the same or similar subaward has been audited as a major program; (3) Whether the subrecipient has new personnel or new or substantially changed systems; and (4) The extent and results of Federal awarding agency monitoring (e.g., if the subrecipient also receives Federal awards directly from a Federal awarding agency). (c) Consider imposing specific subaward conditions upon a subrecipient if appropriate as described in § 200.208. (d) Monitor the activities of the subrecipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with Federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. Pass-through entity monitoring of the subrecipient must include: (1) Reviewing financial and performance reports required by the pass-through entity. (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 the pass-through entity detected through audits, on-site reviews, and written confirmation from the subrecipient, highlighting the status of actions planned or taken to address Single Audit findings related to the particular subaward. (3) Issuing a management decision for applicable audit findings pertaining only to the Federal award provided to the subrecipient from the pass-through entity as required by § 200.521. (4) The pass-through entity is responsible for resolving audit findings specifically related to the subaward and not responsible for resolving crosscutting findings. If a subrecipient has a current Single 91 Page^ ARPA Notice of Funding Opportunity Compliance and Reporting Guidance City of Boynton Beach FY 2022 Page 864 of 896 Audit report posted in the Federal Audit Clearinghouse and has not otherwise been excluded from receipt of Federal funding (e.g., has been debarred or suspended), the pass-through entity may rely on the subrecipient's cognizant audit agency or cognizant oversight agency to perform audit follow- up and make management decisions related to cross -cutting findings in accordance with section § 200.513(a)(3)(vii). Such reliance does not eliminate the responsibility of the pass-through entity to issue subawards that conform to agency and award -specific requirements, to manage risk through ongoing subaward monitoring, and to monitor the status of the findings that are specifically related to the subaward. (e) Depending upon the pass-through entity's assessment of risk posed by the subrecipient (as described in paragraph (b) of this section), the following monitoring tools may be useful for the pass-through entity to ensure proper accountability and compliance with program requirements and achievement of performance goals: (1) Providing subrecipients with training and technical assistance on program -related matters; and (2) Performing on-site reviews of the subrecipient's program operations; (3) Arranging for agreed -upon -procedures engagements as described in § 200.425. (f) Verify that every subrecipient is audited as required by Subpart F of this part 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. (g) Consider whether the results of the subrecipient's audits, on-site reviews, or other monitoring indicate conditions that necessitate adjustments to the pass-through entity's own records. (h) Consider taking enforcement action against noncompliant subrecipients as described in § 200.339 of this part and in program regulations. [85 FR 49543, Aug. 13, 2020, as amended at 86 FR 10440, Feb. 22, 2021] § 200.501 AUDIT REQUIREMENTS (a) Audit required. A non -Federal entity that expends $750,000 or more during the non -Federal entity's fiscal year in Federal awards must have a single or program -specific audit conducted for that year in accordance with the provisions of this part. (b) Single audit. A non -Federal entity that expends $750,000 or more during the non -Federal entity's fiscal year in Federal awards must have a single audit conducted in accordance with 200.514 except when it elects to have a program -specific audit conducted in accordance with paragraph (c)_ of this section. (c) Program -specific audit election. When an auditee expends Federal awards under only one Federal program (excluding R&D) and the Federal program's statutes, regulations, or the terms and conditions of the Federal award do not require a financial statement audit of the auditee, the auditee may elect to have a program -specific audit conducted in accordance with 200.507. A program -specific audit may not be elected for R&D unless all of the Federal awards expended were received from the same Federal agency, or the same Federal agency and the same pass-through entity, and that Federal agency, or pass- through entity in the case of a subrecipient, approves in advance a program -specific audit. (d) Exemption when Federal awards expended are less than $750,000. A non -Federal entity that expends less than $750,000 during the non -Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in § 200.503 but records must be available 101 P a g e ARPA Notice of Funding Opportunity Compliance and Reporting Guidance City of Boynton Beach FY 2022 Page 865 of 896 for review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO). (e) Federally Funded Research and Development Centers (FFRDC). Management of an auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for purposes of this part. (f) Subrecipients and contractors. An auditee may simultaneously be a recipient, a subrecipient, and a contractor. Federal awards expended as a recipient or a subrecipient are subject to audit under this part. The payments received for goods or services provided as a contractor are not Federal awards. Section 200.331 sets forth the considerations in determining whether payments constitute a Federal award or a payment for goods or services provided as a contractor. P"�S"III"III'f .iC"III"IIIOIP"�S III'O R AIII' III`'A AIII` III` IIL.JIICA"1"IIIOIP'3 (READ ALL INSTRUCTIONS BEFORE COMPLETING APPLICATION FORM) These instructions are keyed to the numbered sections of the application form. Application must be submitted Electronically to IeiieunecCibbfLus no later than 4:30 p.m., on February 4, 2022. Applications that do not meet the established deadline will not be considered. All blanks must be completed. Any missing or incorrect information will negatively impact your application. Use "N/A" where response is not applicable. Attach additional sheets if necessary, and identify the Section addressed. SubrnsMon....p[..:tile ....3..VIS.1.�..�..3.:t'...p.0........:'fi n a.L..:. Funding period for which application is being considered: October 2021— September 2022. PLEASE CALL [561] 202-7554 IF YOU NEED ASSISTANCE IN COMPLETING THE APPLICATION. OVERVIEW Description of the American Recovery Plan Act and funding priorities for the City of Boynton. Section also includes application checklist for submission documentation, the ARPA subrecipient grant scoring criteria, and Certifications and Affirmations that must be read and signed by the legal representative of the applicant or applicant's organization. A. GENERAL INFORMATION Legal name of applicant, name of primary organizational unit that will undertake the activity, complete address of the applicant and name and telephone and fax numbers of the person to contact on matters related to this application. The appropriate person must sign application as follows: • Agencies..................................................................... by Chairperson, Board of Directors • Other.......................................................................... by President Unsigned applications will not be considered. 111 P a g e ARPA Notice of Funding Opportunity Compliance and Reporting Guidance City of Boynton Beach FY 2022 Page 866 of 896 B. PROPOSED PROJECT: Concisely describe your project. Brevity is key, while documenting the main activities and anticipated outcomes as they respond to the COVID-19 public health emergency. There is additional opportunity in the application to provide more detailed information. If proposing multiple projects, list each individual project/program and limit the description of each project to three sentences. (Attach separate sheet if necessary). C. STRATEGY: There are five (5) funding priorities as described in the Overview section of this grant application. Appendix A also lists the five (5) funding priorities referred to as COMMUNITY ASSESSMENT PRIORITIES, and potential eligible programs for each. This is not an exclusive list. Check the box for the priority which you are requesting funding, and enter the eligible program/project, the metric being used to measure success, and the desired outcome of the project/program. If your program addresses more than one priority, or if you have multiple programs, check all that apply. D. PROJECT SUMMARY: The first part of this section is to provide a detailed description of the proposed project/activity to be funded, including a plan of action explaining in detail how the agency (and who, specifically) will implement the activity: i.e. intake procedures, required documentation, etc. Describe how this activity relates to the overall organizational structure. Be very specific how the ARPA funds are proposed to be used. (Attach additional sheets if necessary). The following set of questions are self-explanatory. Provide as much detail as possible. If the question is not applicable to your project, write "N/A" in the space provided. The goals, objectives, and activity measures should be filled out completely. There is room for two (2) goals and three (3) objectives under each goal. It is not required to have the same number of goals and objectives listed on the application. Place "N/A" if you do not have a goal or objective in that section. It is permissible to have more than two (2) goals with three (3) objectives each. Additional sheets are permissible if this section needs to be expanded and label them Goals/Objectives/Activity Measures: (Continued). Think of a goal as an overarching principle that guides decision-making, and objectives as specific, measurable steps that can be taken to meet the goal. Listing the resources needed to achieve the individual goals and objectives, as well as the availability of the resources is important for vetting the proposed budget and the proposed timeline for the project. E. PROJECT BUDGET: This section is the justification for the funding request. Please be as accurate and detailed as possible. Additional funding will not be available if the Project Budget has been underestimated. Funds awarded for the Project Budget that have not been spent as indicated must be returned to the City. Any changes to the Project Budget during the life -cycle of the grant will need to be approved by the City Commission at a public meeting. The applicant must document anticipated expenditures, detailing requested funds and additional funding. Any additional funding being received for a project in this application must be documented in the Project Budget. Please place C=Cash, 1=In-Kind, O=Other Grants, D=Donations beside each amount under "Other Project Funds" to denote the type of funds being used. If funding request is 121 Page^ ARPA Notice of Funding Opportunity Compliance and Reporting Guidance City of Boynton Beach FY 2022 Page 867 of 896 for multiple programs/projects, please provide a separate PROJECT BUDGET for each program/project and indicate which COMMUNITY ASSESSMENT PRIORITY the program/project falls under. (See Appendix A for eligible projects/programs under individual Community Assessment Priorities) F. APPLICANT INFORMATION: The information in this section will be used for a mandatory pre -award risk assessment. Failure to provide this information or to respond to questions could result in the applicant being removed from consideration or a delay in access to the funds. Provide complete responses that address all questions. Additional sheets can be used if necessary. Writing "N/A" in this section could reduce the overall scoring of the project. If the answer to a question is "no", then indicate "no" and any measures that the applicant may be taking in the near future to comply with the question. G. CONFLICT OF INTEREST This section is required by law and must be completed and signed by the legal representative of the applicant or applicant organization. Failure to complete and sign this section could result in the applicant being removed from consideration or a delay in access to the funds. H. DRUG FREE WORKPLACE CERTIFICATION This is a self -certification that the applicant organization complies fully with the drug-free workplace requirements as listed in this section. APPENDICES are additional information and resources to assist the applicant in the completion of the grant application. 131 Page^ ARPA Notice of Funding Opportunity Compliance and Reporting Guidance City of Boynton Beach FY 2022 Page 868 of 896 13.A. Future Agenda Items 1/4/2022 Requested Action by Commission: Proclamation declaring January 23- 29, 2022 Boynton Beach School Choice Week. Ron McCarthy, Principal of Quantum High School, will accept the proclamation. - January 18, 2022 Explanation of Request: All children in Boynton Beach should have access to the highest -quality education possible and the City recognizes the important role that an effective education plays in preparing all students to be successful adults. Quality education is critically important to the economic vitality of Boynton Beach. The City is home to a multitude of high quality public and nonpublic schools from which parents can choose for their children, in addition to families who educate their children in the home. Educational variety not only helps diversify the economy, but also enhances the vibrancy of the community. Boynton Beach has many high-quality teaching professionals in all types of school settings who are committed to educating children. School Choice Week is celebrated across the country by millions of students, parents, educators, schools and organizations to raise awareness of the need for effective educational options. 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 869 of 896 Type Flirocbirnatioin Description Flroclla irnaboin Schod ChoiCE) VVE)E)k Page 870 of 896 pro e I CGAM Cation WHEREAS, all children in Boynton Beach should have access to the highest -quality education possible and Boynton Beach recognizes the important role that an effective education plays in preparing all students to be successful adults; and, WHEREAS, quality education is critically important to the economic vitality of Boynton Beach; and, WHEREAS, Boynton Beach is home to a multitude of high quality public and nonpublic schools from which parents can choose for their children, in addition to families who educate their children in the home; and, WHEREAS, educational variety not only helps to diversify our economy, but also enhances the vibrancy of our community; and, WHEREAS, Boynton Beach has many high-quality teaching professionals in all types of school settings who are committed to educating our children; and, WHEREAS, School Choice Week is celebrated across the country by millions of students, parents, educators, schools and organizations to raise awareness of the need for effective educational options. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim January 23 — 29, 2022, as: Boynton Beach School Choice Week and I call this observance to the attention of all of our citizens. 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 4th day of January, Two Thousand Twenty - Two. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC, City Clerk 13. B. Future Agenda Items 1/4/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 1/4/2022 Requested Action by Commission: Proclamation recognizing January 4, 2022 as World Braille Day. The proclamation will be accepted by Larry McDowell, President of the Braille Club of Palm Beach County Inc. - January 18, 2022 Explanation of Request: The City of Boynton Beach continues to support individuals who are blind or visually impaired and welcomes the Braille Club of Palm Beach County Inc. to its new home in Boynton Beach. 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 D Fliroca irna bola Description FlirtaaJa irna bola for World IBiralillIE) IDay Page 872 of 896 pro e I CGAM Cation Whereas, January 4th is recognized as World Braille Day Whereas, Louis Braille, born in France on January 4, 1509 suffered an eye injury at the age of three that resulted in him losing sight in both eyes by the time he was five. At the age of 15, he invented braille as a reading and writing system for people who are visually impaired. Whereas, braille is a tactile representation of alphabetic and numerical symbols using six dots to represent each letter and number, and even musical, mathematical and scientific symbols. Whereas, braille is used in nearly every country in the world, and there is a braille code for almost every language. World Braille Day is a reminder of the importance of accessibility and independence for people who are blind or visually impaired. Whereas, Braille Club of Palm Beach County, Inc. has been serving the blind and visually impaired residents of Palm Beach County since 1935. Whereas, the City of Boynton Beach pledges to continue to support individuals who are blind or visually impaired and we welcome the Braille Club to the City of Boynton Beach. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim January 4th as: World Braille 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 4th day of January, Two Thousand Twenty -Two. Steven B. Grant, Mayor ATTEST: Crystal Gibson City Clerk 13.C. Future Agenda Items 1/4/2022 Requested Action by Commission: Announcement of Florida Association for Education and Rehabilitation of the Blind and Visually Impaired Award Winners by Stephanie Soplop. - January 18, 2022 Explanation of Request: Theodore (Ted) Goodenough, ADA Coordinator Assistant won the award for Outstanding Achievement by a Person with a Visual Impairment and Debbie Majors, retired Grants and ADA Coordinator won The Leadership in Government Award. These awards are great recognition of the City of Boynton Beach's efforts toward inclusion, as well as a testament of the hard work put in by these two individuals. 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 874 of 896 13.D. Future Agenda Items 1/4/2022 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 875 of 896 13. E. Future Agenda Items 1/4/2022 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 876 of 896 13. F. Future Agenda Items 1/4/2022 Requested Action by Commission: Climate Action Plan Annual Update - 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 877 of 896 13.G. Future Agenda Items 1/4/2022 Requested Action by Commission: Tessy LaCroix, Grants Manager to present FY 2020/2021 Grants Report to the City Commission - 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 878 of 896 13. H. Future Agenda Items 1/4/2022 Requested Action by Commission: Mayor Grant has requested a discussion regarding naming the urban orchard at Sara Sims Park for Latosha Clemons - 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 896 13.1. Future Agenda Items 1/4/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 1/4/2022 Requested Action by Commission: Award Contract for Public Lands Tree Inventory, RFQ No. UTL22-006 - 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 896 13.J. Future Agenda Items 1/4/2022 Requested Action by Commission: Mayor Grant has requested a discussion on creating a Citizens Review Committee for Police Department - 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 896 13. K. Future Agenda Items 1/4/2022 Requested Action by Commission: Update on the City Hall Cafe RFP - 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 882 of 896 13. L. Future Agenda Items 1/4/2022 Requested Action by Commission: School Board Member Erica Whitfield to present the 2021-2022 School Year State of Education Report to the City Commission. - February 1, 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 883 of 896 13. M. Future Agenda Items 1/4/2022 Requested Action by Commission: Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections -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 884 of 896 13. N. Future Agenda Items 1/4/2022 City of Boynton Beach '• Agenda Item Request Form Commission Meeting Date: 1/4/2022 Requested Action by Commission: Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD Explanation of Request: On July 19, 2021, the City received a letter of intent (see attached Exhibit "A") to purchase the vacant 3.62 acre parcel adjacent to Leisureville and west of SW 8th Street. Property Property Control Number Address or Legal Description PBC Property Appraiser Assessed Value Zoning 29-45-43, E 330.70 FT OF W LY 660.16 FT OF SLY 08-43-45-29-00-000-1040 672.12 FT OF NLY 1252.12 R1 AA -Single 1 FT (LESS N 499.34 FT OF $271,500 Family E 126.90 FT) OF TH PT OF NE 1/4LYGSOFSR 804 According to Chapter 2 Article IV. 2-56 of the City of Boynton Beach Code of Ordinance, the City Commission can sell property, which is determined to be in the best interest of the City: Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. Additionally, members of staff have researched other municipal disposition processes and have attached sample code language (see attached Exhibit "B") to discuss potential changes. How will this affect city programs or services? Disposition of the property may provide new housing in the City and reduce the number of vacant parcels currently being maintained by the City. Fiscal Impact: The sale of the property can potentially increase the City's tax base (new housing) and reduce the maintenance costs associated with vacant lots. The City spent approximately $10,000 last year for the maintenance of the parcel which includes: Lot mowing, trash removal, and tree trimming. Alternatives: Reject the letter of intent. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 885 of 896 Is this a grant? Grant Amount: Attachments: Type Ddhilblit 11 ocafion IMalp Alta clhirneint Ddhilblit Description 11 efteir (.)i 11 intent (IDdhilblit ""All") 11 ocafion IMalp Flirolpeirty IDeLilill Sairnple IlMUnliclilpallDisposlifion C.ode 11 aingUage (E)dhilblit "B') Page 886 of 896 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 887 of 896 Access: Buyer, by appointment only, shall have full access to the Property prior to Closing for the purpose of conducting all studies and surveys required by Buyer. To the extent of the deposit, Buyer will hold Seller harmless from and indemnify Seller against any liability or loss by virtue of such entry. Assignability: Buyer reserves the right to assign the Agreement to any entity owned or controlled by or affiliated with Buyer or its principals. Zoning: The Agreement shall be contingent on the Property being properly zoned for the buyers use. Other Provisions: The Agreement shall contain other provisions dealing with such matters as allocation of closing expenses, conditions of closing, delivery of possession, examination of title, prorations of rents and taxes, transfer of Leases, if necessary, warranties and representations of Seller with respect to the Property, and other matters typically found in transactions of this nature. Expenses shall be borne as follows: REQUIREMENT RESPONSIBILITY Survey Title Search Title Insurance Commitment and Policy Documentary Stamps and Surtax Inspection Costs Attorneys' Fees Hazardous Waste Studies Seller Seller Seller Seller Buyer Each pays Own Buyer as to Phase I Seiler as to Phase II, (if necessary) Binding Agreement: It is understood and agreed that this letter is merely a non-binding summary of the terms of a proposed transaction and, while we agree in principle to these terms and conditions and agree to proceed promptly and in good faith to work out a definitive agreement for the transaction, any legal obligations shall arise only as set forth in an executed Agreement signed by both parties. The Agreement shall be in form and substance satisfactory to both of us and will contain all usual and appropriate covenants and conditions. Validity: This proposal shall be valid until AUGUST 1ST, 2021. Per: ALAN SPERLING LLC ACCEPTED AND AGREED TO: By Print name: Title: — Dated: MIMI 711912021 https://www.pbcgay.org/papa/AspsIPropertyDetaii/PrinterfriendlyPropertyPrint.aspx?parcel=08434529000001040 ;Property Detail.. 1n.........._ ................ .........._.. ......w._w._.........,......_....._....... _,_�, Location Address Municipality BOYNTON BEACH Parcel Control Number 08-43-45-29-00-000-1040 Subdivision Official Records Book 06652 Page 1315 Sale Date NOV-1990 Legal Description 29-45-43, L 330.70 FT OF WILY 660.16 FT OF SLY 672.12 FT OF NLY 1252.12 FT (LESS N 499.34 FT OF E 126.90 FT) OF TH PT OF NE 1/4 LYG 5 OF SR 804 Owner Information Owners BOYNTON BEACH CITY OF SalesInformation.._._......................__.M....._..__..__.._._.._....._._.............................. Sales Date Price OR Book/Page NOV-1990 $100 06652 / 01315 ;Exemption Information Applicant/Owner Year 2021 Mailing address PO BOX 310 BOYNTON BEACH FL 33425 0310 Sale Type WARRANTY DEED Detai I Appraisals Tax Year 2020 2019 improvement Value $0 $0 Land Value $271,500 5271 ,500 Total Market Value $271,500 S271,500 AR values are as of January 7 s each year Assessed and Taxable Values Tax Year 2020 2019 Assessed Value $271,500 $271,500 Exemption Amount 8271, 500 $271, 500 Tom. W= V=1i is to $0 Taxes Owner if ,)II, na� PAPA Banner l oic,atmm.mmm Addimss SlmualimwiiillCamlllm�y BOYNTON BEACH Emarcclll t oiiiimhm.mlll Ilmaiuiialer, 08-43-45-29-00-000-1040 Snmilnmlln iii^; iiimmmin OltourmalllE.n im.m.mmnh Em.mm.mlllm,: 06652 Emxgc1315 Sale Date NOV-1990 29-45-43, E 330.70 FT OF WLY 660.16 FT OF SLY 672.12 FT I vgAa Um icmilptilim.mmim OF NLY 1252.12 FT (LESS N 499.34 FT OF E 126.90 FT) OF TH PT OF NE 1/4 LYG S OF SR 804 - - - Malliiiming anlmlun,ss Ilmmivrs PO BOX 310 BOYNTON BEACH CITY OF - BOYNTON BEACH FL 33425 0310 Sallks Date I�riiillmv OR Pm.mm.mlllm�"llhxgn° Sallk I"%Iv Ilmmivr, NOV-1990 $100 06652 / 01315 WARRANTY DEED Lanmmmptmm.mmnWar Dee. iiil BOYNTON BEACH CITY OF 2021 FULL MUNICIPAL GOVERNMENT LL I"m.m�alll 0 I�dmmmmmlmmm m�ml Llmnm�.' 0 n' Il�nn� n um mm licsv �� 3.62 8900- RIAA- RIAA SINGLEFAMILY, 5.5 DU/AC Use m.mnla. MUNICIPAL Sim°immmnS (08-BOYNTON BEACH) I"aa Sn a m 2020 "ill l ml 201.14". lmmmpmm.mananemimt Valtic $0 $0 $0 l,amai;l Valmamc $271,500 $271,500 $271,500 I"m.w Aa Mar°lli:nm Valtic $271,500 $271,500 $271,500 All values are as of January 1 st each year I"aa Sn a m° 2020 201 ml 201 14 Assessed Valtic $271,500 $271,500 $271,500 Exc mmmlmtlm.mmim ARnomuummt. $271,500 $271,500 $271,500 I"aaallmin Valtic $0 $0 $0 I"aa Sn a m° 2020 201 ml 20114 Ad VaIllm.mmviii nim $0 $0 $0 dm.mmn Ad VaIllm.mmvminim $0 $0 $0 I"mmtalll taros $0 $0 $0 Page 891 of 896 Disposal of city real property. (a) Power to sell. The City Commission may authorize by Resolution the sale, transfer, and swap any real property, improved or unimproved, now owned or hereafter acquired by or owned by the city, as provided herein. These procedures supplement any other procedures that may now or in the future be applicable as provided by law or regulation. (b) Disposal of property which is sufficient in size and of such character as to comprise an independent building site and which will involve a conveyance of the city's fee simple interest. These parcels typically enjoy access to a public right-of-way, and are developable as building sites. (1) Resolution declaring surplus. Before any improved or unimproved property owned by the city shall be sold or otherwise disposed of pursuant to this subsection (b), the governing body shall adopt a resolution declaring same surplus. (2) Determination concerning surplus. a. The city governing body shall review and consider the following: 1. The legal description (by reference to a recorded plat or government survey); 2. The property address by street number, if there be any; 3. A description of all improvements located upon the land; 4. How said land has been used since same has belonged to the city; 5. The current use of the property; 6. How the property was acquired and financed; 7. The needs of the city; 8. Whether disposal is consistent with the city comprehensive plan; 9. The estimated property value; 10. Any relevant property history; 11. The property's title; and 12. Whether the disposal of the property is precluded by grant provisions of other agencies. (3) Public hearing. The city governing body shall hold one (1) public hearing prior to adopting a resolution declaring property as surplus. An advertisement for such public hearing shall appear once in a newspaper of general circulation at least ten (10) days prior to the hearing. The advertisement will contain the resolution title and the date, time and place of the hearing. The city clerk shall advertise the proposed resolution for public hearing by placing it on the city council agenda and posting such agenda at least three (3) business days prior to the city council meeting. (4) When appraisals are needed. a. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by two (2) independent appraisers, who are designated members of the Appraisal Institute, if the property is estimated to have a value that exceeds one million dollars ($1,000,000.00). b. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by one (1) independent appraiser, who is designated member of the Appraisal Institute, if the property is estimated to have a value between five hundred thousand dollars ($500,000.00) and one million dollars ($1,000,000.00). c. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) with an estimated value below five hundred thousand dollars ($500,000.00) shall not require an appraisal. 100460579.1306-90018211 Page 892 of 896 Notwithstanding subparagraphs a., b., and c. above, no appraisal shall be needed: Where the city acquired the property from Palm Beach County as a result of the tax sale process and is returning such asset to the former owner or its successors and assigns; 2. Where the city transfers the property to another governmental entity or agency; or 3. Where the city is exchanging such real property with the private sector for a replacement parcel determined by the city governing body to have similar utility and where the public interests would be served. (5) Methods of disposal. a. Methods. The city may dispose of property pursuant to this subsection (b) utilizing the following methods: negotiation, trade with other governmental entities or agencies, request for letters of intent, sealed bids, or request for proposals. The city may retain professional real estate services to aid in the disposal of property. 1. Negotiation. The city may negotiate the sale of real property with a particular person or entity, and no further advertising will be needed to effect a transfer. 2. Sealed bids, requests for letters of intent, and request for proposals. At any time no more than ninety (90) days after adoption of resolution declaring the property surplus, the land may be offered for public disposition, and a notice shall be published by the city in a newspaper of general circulation in the city once not less than ten (10) days before sealed bids, letters of intent, or proposals are due. The notice shall state, at a minimum, the date when sealed bids, letters of intent, or proposals shall be received and whether the sale is with or without reservation. Sealed bids, letters of intent, and proposals shall be received accompanied by cashier's checks or certified checks payable to the city in an amount equal to at least ten (10) percent of the disposition price. 3. Transfer to governmental agencies. The city may sell or transfer any of its property to any other governmental agency, if the city governing body determines that: i. A transfer of the property to the other governmental agency shall provide a benefit to the city; and ii. That the terms received by the city are fair and equitable. 4. Land swap with any private or public land owner provided the properties are appraised at substantially the same value. In determining substantial value the City may take into consideration the potential increase in value following the swap. (6) Proceeds from sale or transfer. Any proceeds derived from the sale of any land, as authorized in this subsection (b), shall be deposited in the general fund of the city, or such other fund or account of the city as is determined by the finance director. (7) Conveyance. In order to convey property pursuant to this subsection (b) the city governing body shall be required to adopt a resolution authorizing the conveyance. Notwithstanding anything possibly to the contrary, the city may reject any and all offers, bids, letters of intent, or proposals, or terminate negotiations at any time and choose not to dispose of property, and nothing shall obligate the city governing body to adopt any necessary resolution. 100460579.1306-90018211 Page 893 of 896 13.0. Future Agenda Items 1/4/2022 Requested Action by Commission: Proposed Ordinance No. 21-025 First Reading. Approve DevelopmentAgreement 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 896 13.R Future Agenda Items 1/4/2022 Requested Action by Commission: Mayor Grant has requested a discussion on J KM lawsuit - 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 896 13.Q. Future Agenda Items 1/4/2022 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 896 of 896