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Agenda 08-04-15 Page 1 of 662 Page 2 of 662 Page 3 of 662 Page 4 of 662 Page 5 of 662 Page 6 of 662 Page 7 of 662 Page 8 of 662 Page 9 of 662 Page 10 of 662 Page 11 of 662 Page 12 of 662 Page 13 of 662 Page 14 of 662 Page 15 of 662 Page 16 of 662 Page 17 of 662 Page 18 of 662 Page 19 of 662 Page 20 of 662 Page 21 of 662 Page 22 of 662 Page 23 of 662 Page 24 of 662 Page 25 of 662 Page 26 of 662 Page 27 of 662 Page 28 of 662 Page 29 of 662 Page 30 of 662 Page 31 of 662 Page 32 of 662 Page 33 of 662 Page 34 of 662 Page 35 of 662 Page 36 of 662 Page 37 of 662 Page 38 of 662 Page 39 of 662 Page 40 of 662 Page 41 of 662 Page 42 of 662 Page 43 of 662 Grantee Name:City of Boynton Beach CPMP Version 2.0 Aid to Victims of Domestic Abuse, Inc. Project Name: FL 120264 Description:IDIS Project #:1UOG Code: Location:Priority Need Category Post Office Box 6161, Delray Beach, Florida Select one: Explanation: School programs for counseling children at risk of becoming abused; Expected Completion Date: domestic abuse & bullying prevention. 9/30/2016 Objective Category Decent Housing Suitable Living Environment Economic Opportunity Specific Objectives Outcome Categories 1 Availability/Accessibility 2 Affordability Sustainability 3 Proposed100Proposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete Proposed OutcomePerformance MeasureActual Outcome Proposed Amt.$10,000Proposed Amt. Actual AmountActual Amount Proposed Amt.Proposed Amt. Actual AmountActual Amount Proposed UnitsProposed Units Actual UnitsActual Units Proposed UnitsProposed Units Actual UnitsActual Units Project (1) Page 44 of 662 Grantee Name:City of Boynton Beach CPMP Version 2.0 Boynton Beach Faith-Based Community Development Corporation Project Name: FL 120264 Description:IDIS Project #:2UOG Code: Location:Priority Need Category 2191 N. Seacrest Blvd., Boynton Beach, FL 33435 Select one: Explanation: Assist City in affordable housing needs to include the Heart of Expected Completion Date: Boynton-Model Block Project. This HUD approved housing 9/30/2016 Objective Category counseling agency is a Community Based Development Organization Decent Housing (CBDO). Suitable Living Environment Economic Opportunity Specific Objectives Outcome Categories 1 Availability/Accessibility 2 Affordability Sustainability 3 Proposed35Proposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete Proposed OutcomePerformance MeasureActual Outcome Proposed Amt.$130,000Proposed Amt. Actual AmountActual Amount Proposed Amt.Proposed Amt. Actual AmountActual Amount Proposed UnitsProposed Units Actual UnitsActual Units Proposed UnitsProposed Units Actual UnitsActual Units Project (2) Page 45 of 662 Grantee Name:City of Boynton Beach CPMP Version 2.0 City of Boynton Beach Recreation Department Project Name: FL 120264 Description:IDIS Project #:3UOG Code: Location:Priority Need Category 100 East Boynton Beach Blvd., Boynton Beach, FL 33435 Select one: Explanation: Provide partial scholarships for various summer camps for low Expected Completion Date: income students eligible for free or reduced lunches. 9/30/2016 Objective Category Decent Housing Suitable Living Environment Economic Opportunity Specific Objectives Outcome Categories 1 Availability/Accessibility 2 Affordability Sustainability 3 Proposed30Proposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete Proposed OutcomePerformance MeasureActual Outcome Proposed Amt.$10,000Proposed Amt. Actual AmountActual Amount Proposed Amt.Proposed Amt. Actual AmountActual Amount Proposed UnitsProposed Units Actual UnitsActual Units Proposed UnitsProposed Units Actual UnitsActual Units Project (3) Page 46 of 662 Grantee Name:City of Boynton Beach CPMP Version 2.0 Community Caring Center of Greater Boynton Beach Project Name: FL 120264 Description:IDIS Project #:4UOG Code: Location:Priority Need Category 145 N.E. 4th Avenue, Boynton Beach, FL 33435 - Services Select one: citywide Explanation: Agency provides food, rent & mortgage payment assistance, and Expected Completion Date: medicine & transportation vouchers for low income people. Assists 9/30/2016 Objective Category clients with Medicare & Food Stamp applications; volunteer Decent Housing caregiving for the frail & elderly, with training sessions for volunteer Suitable Living Environment & primary caregivers. Economic Opportunity Specific Objectives Outcome Categories 1 Availability/Accessibility 2 Affordability Sustainability 3 Proposed1,000Proposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete Proposed OutcomePerformance MeasureActual Outcome Proposed Amt.$50,906Proposed Amt. Actual AmountActual Amount Proposed Amt.Proposed Amt. Actual AmountActual Amount Proposed UnitsProposed Units Actual UnitsActual Units Proposed UnitsProposed Units Actual UnitsActual Units Project (4) Page 47 of 662 Grantee Name:City of Boynton Beach CPMP Version 2.0 Housing Rehabilitation Project Name: FL 120264 Description:IDIS Project #:5UOG Code: Location:Priority Need Category 100 East Boynton Beach Blvd., Boynton Beach, FL 33435 - Select one: various properties located citywide Explanation: Rehabilitation of single family, detached dwellings to meet local Expected Completion Date: housing code standards, to include roof repair & replacement, 9/30/2016 Objective Category energy efficient doors and windows, and energy efficient retro Decent Housing fitting. Homeowner occupied low income residents that do not own Suitable Living Environment other properties. Economic Opportunity Specific Objectives Outcome Categories 1 Availability/Accessibility 2 Affordability Sustainability 3 Proposed10Proposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete Proposed OutcomePerformance MeasureActual Outcome Proposed Amt.$250,000Proposed Amt. Actual AmountActual Amount Proposed Amt.Proposed Amt. Actual AmountActual Amount Proposed UnitsProposed Units Actual UnitsActual Units Proposed UnitsProposed Units Actual UnitsActual Units Project (5) Page 48 of 662 Grantee Name:City of Boynton Beach CPMP Version 2.0 Housing Rehabilitation Adminstration Project Name: FL 120264 Description:IDIS Project #:6UOG Code: Location:Priority Need Category 100 East Boynton Beach Blvd., Boynton Beach, FL 33435 Select one: Explanation: Inspections, supplies, work write-ups, uniforms, and other items Expected Completion Date: necessary to deliver this activity. 9/30/2016 Objective Category Decent Housing Suitable Living Environment Economic Opportunity Specific Objectives Outcome Categories 1 Availability/Accessibility 2 Affordability Sustainability 3 ProposedProposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete Proposed OutcomePerformance MeasureActual Outcome Proposed Amt.$100,000Proposed Amt. Actual AmountActual Amount Proposed Amt.Proposed Amt. Actual AmountActual Amount Proposed UnitsProposed Units Actual UnitsActual Units Proposed UnitsProposed Units Actual UnitsActual Units Project (6) Page 49 of 662 Grantee Name:City of Boynton Beach CPMP Version 2.0 Planning and Adminstration Project Name: FL 120264 Description:IDIS Project #:7UOG Code: Location:Priority Need Category 100 East Boynton Beach Blvd., Boynton Beach, FL 33435 Select one: Explanation: General program administration of the Community Development Expected Completion Date: Block Grant Program. 9/30/2016 Objective Category Decent Housing Suitable Living Environment Economic Opportunity Specific Objectives Outcome Categories 1 Availability/Accessibility 2 Affordability Sustainability 3 ProposedProposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete Proposed OutcomePerformance MeasureActual Outcome Proposed Amt.$90,542Proposed Amt. Actual AmountActual Amount Proposed Amt.Proposed Amt. Actual AmountActual Amount Proposed UnitsProposed Units Actual UnitsActual Units Proposed UnitsProposed Units Actual UnitsActual Units Project (7) Page 50 of 662 Grantee Name:City of Boynton Beach CPMP Version 2.0 Economic Development Project Name: FL 120264 Description:IDIS Project #:8UOG Code: Location:Priority Need Category Citywide Select one: Explanation: Funds to be used as matching grant funds for businesses that will Expected Completion Date: relocate and/or create jobs for residents of the City. 9/30/2016 Objective Category Decent Housing Suitable Living Environment Economic Opportunity Specific Objectives Outcome Categories 1 Availability/Accessibility 2 Affordability Sustainability 3 Proposed10Proposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete Proposed OutcomePerformance MeasureActual Outcome Proposed Amt.$100,000Proposed Amt. Actual AmountActual Amount Proposed Amt.Proposed Amt. Actual AmountActual Amount Proposed UnitsProposed Units Actual UnitsActual Units Proposed UnitsProposed Units Actual UnitsActual Units Project (8) Page 51 of 662 Grantee Name: City of Boynton Beach CPMP Version 2.0 Heart of Boynton - Model Block Project Project Name: FL 120264 Description:IDIS Project #:9UOG Code: Location:Priority Need Category "Heart of Boynton" = Northwest 10th and 11th Avenues, Boynton Select one: Beach, FL 33435 Explanation: Construction costs incurred for City staff required upgrades for the Expected Completion Date: Model Block projects. 9/30/2016 Objective Category Decent Housing Suitable Living Environment Economic Opportunity Specific Objectives Outcome Categories 1 Availability/Accessibility 2 Affordability Sustainability 3 ProposedProposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete Proposed OutcomePerformance MeasureActual Outcome Proposed Amt.$150,000Proposed Amt. Actual AmountActual Amount Proposed Amt.Proposed Amt. Actual AmountActual Amount Proposed UnitsProposed Units Actual UnitsActual Units Proposed UnitsProposed Units Actual UnitsActual Units Project (9) Page 52 of 662 Grantee Name:City of Boynton Beaach CPMP Version 2.0 Legal Aid Society - Fair Housing Project Project Name: FL 120264 Description:IDIS Project #:10UOG Code: Location:Priority Need Category Citywide Select one: Explanation: To provide community outreach, education, advocacy, and assist in Expected Completion Date: the enforcement of housing laws for residents of the City of Boynton 9/30/2016 Objective Category Beach. Decent Housing Suitable Living Environment Economic Opportunity Specific Objectives Outcome Categories 1 Availability/Accessibility 2 Affordability Sustainability 3 Proposed35Proposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete ProposedProposed UnderwayUnderway CompleteComplete Proposed OutcomePerformance MeasureActual Outcome Proposed Amt.$4,000Proposed Amt. Actual AmountActual Amount Proposed Amt.Proposed Amt. Actual AmountActual Amount Proposed UnitsProposed Units Actual UnitsActual Units Proposed UnitsProposed Units Actual UnitsActual Units Project (10) Page 53 of 662 SF 424 8LI7*MWTEVXSJXLI'414%RRYEP%GXMSR4PER7*JSVQ JMIPHWEVIMRGPYHIHMRXLMWHSGYQIRX+VERXIIMRJSVQEXMSRMWPMROIH JVSQXLI'414\PWHSGYQIRXSJXLI'414XSSP SF 424 Complete the fillable fields (blue cells) in the table below. The other items are pre-filled with values from the Grantee Information Worksheet. %YKYWX8]TISJ7YFQMWWMSR Date Submitted Applicant Identifier %TTPMGEXMSR4VIETTPMGEXMSR Date Received by stateState Identifier Date Received by HUDFederal IdentifierConstructionConstruction &1' Non ConstructionNon Construction %TTPMGERX-RJSVQEXMSR 'MX]SJ&S]RXSR&IEGLUOG Code*0 )&S]RXSR&IEGL&SYPIZEVH*8& Organizational DUNS 1YRMGMTEP Organizational Unit &S]RXSR&IEGL*PSVMHE(IZIPSTQIRX Department 'SQQYRMX]-QTVSZIQIRX Division )QTPS]IV-HIRXMJMGEXMSR2YQFIV )-2 4EPQ&IEGL County  Program Year Start Day (MM/DD) %TTPMGERX8]TI7TIGMJ]3XLIV8]TIMJRIGIWWEV] 1YRMGMTEP 97(ITEVXQIRXSJ 4VSKVEQ*YRHMRK,SYWMRKERH9VFER(IZIPSTQIRX Catalogue ofFederal Domestic Assistance Numbers; Descriptive Title of Applicant Project(s); Areas Affected by Project(s) (cities, Counties, localities etc.); Estimated Funding 'SQQYRMX](IZIPSTQIRX&PSGO+VERX 14.218 Entitlement Grant CDBG Project Titles,SYWMRKVILEFMPMXEXMSRTYFPMG Description of Areas Affected by CDBG Project(s) WIVZMGIWXSPS[QSHIVEXIMRGSQILSYWILSPHWERH'MX][MHIERHSXLIVQENSVXEVKIXIHPS[MRGSQI TIVWSRWXLVSYKLSYX&S]RXSR&IEGLIGSRSQMGEVIEW HIZIPSTQIRX  $CDBG Grant Amount $Additional HUD Grant(s) LeveragedDescribe $Additional Federal Funds Leveraged$Additional State Funds Leveraged $Locally Leveraged Funds$Grantee Funds Leveraged $Anticipated Program IncomeOther (Describe) Total Funds Leveraged for CDBG-based Project(s) 2% 14.239 HOME Home Investment Partnerships Program HOME Project TitlesDescription of Areas Affected by HOME Project(s) $HOME Grant Amount$Additional HUD Grant(s) LeveragedDescribe $Additional Federal Funds Leveraged$Additional State Funds Leveraged SF 424City of Boynton Beach Page 54 of 662 $Locally Leveraged Funds$Grantee Funds Leveraged $Anticipated Program IncomeOther (Describe) Total Funds Leveraged for HOME-based Project(s) 14.241 HOPWA2% Housing Opportunities for People with AIDS HOPWA Project TitlesDescription of Areas Affected by HOPWA Project(s) $HOPWA Grant Amount$Additional HUD Grant(s) LeveragedDescribe $Additional Federal Funds Leveraged$Additional State Funds Leveraged $Locally Leveraged Funds$Grantee Funds Leveraged $Anticipated Program IncomeOther (Describe) Total Funds Leveraged for HOPWA-based Project(s) 14.231 ESG2% Emergency Shelter Grants Program ESG Project TitlesDescription of Areas Affected by ESG Project(s) $ESG Grant Amount$Additional HUD Grant(s) LeveragedDescribe $Additional Federal Funds Leveraged$Additional State Funds Leveraged $Locally Leveraged Funds$Grantee Funds Leveraged $Anticipated Program IncomeOther (Describe) Total Funds Leveraged for ESG-based Project(s) Congressional Districts of:Is application subject to review by state Executive Order 12372 Process? Applicant DistrictsProject Districts Is the applicant delinquent on any federal debt? If YesThis application was made available to the “Yes” please include an additional document state EO 12372 process for review onDATE explaining the situation.2S Program is not covered byEO 12372 2S YesN/AProgram has not been selected by the state for review Person to be contacted regarding this application First Name0SVMLast Name0E:IVVMIVI Middle Initial Title 'MX]1EREKIVPhoneFax 0E:IVVMIVIP$FFJPYW Email Grantee Website www.boynton-beach.org Signature of Authorized RepresentativeDate Signed SF 424City of Boynton Beach Page 55 of 662 CPMP Non-State Grantee Certifications Many elements of this document may be completed electronically, however a signature must be manually applied and the document must be submitted in paper form to the Field Office. This certificationdoes not apply. This certification is applicable. NON-STATE GOVERNMENT CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing--The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan--It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace--It will or will continue to provide a drug-free workplace by: 1.Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2.Establishing an ongoing drug-free awareness program to inform employees about – a.The dangers of drug abuse in the workplace; b.The grantee's policy of maintaining a drug-free workplace; c.Any available drug counseling, rehabilitation, and employee assistance programs; and d.The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3.Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4.Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will – a.Abide by the terms of the statement; and b.Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5.Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6.Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted – a.Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b.Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7.Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. CPMP Non-State Grantee Certifications Page 56 of 662 City of Boynton Beach Anti-Lobbying--To the best of the jurisdiction's knowledge and belief: 8.No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 9.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 10.It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction--The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan--The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3--It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized OfficialDate Lori LaVerriere Name City Manager Title 100 E. Boynton Beach Boulevard Address Boynton Beach, Florida 33435 City/State/Zip (561) 742-6010 Telephone Number CPMP Non-State Grantee Certifications Page 57 of 662 City of Boynton Beach This certification does not apply. This certification is applicable. Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation --It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan --Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan --It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds --It has complied with the following criteria: 11.Maximum Feasible Priority -With respect to activities expected to be assistedwith CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 12.Overall Benefit -The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2015, 2016, 2017, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 13.Special Assessments -It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made againstthe property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force --It has adopted and is enforcing: 14.A policy prohibiting the use of excessiveforce by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 15.A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facilityor location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; CPMP Non-State Grantee Certifications Page 58 of 662 City of Boynton Beach Compliance With Anti-discrimination laws --The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964(42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint --Its activities concerning lead-based paint will comply with the requirements of part35, subparts A, B, J, K and R, of title 24; Compliance withLaws --It will comply with applicable laws. Signature/Authorized OfficialDate Lori LaVerriere Name City Manager Title 100 E. Boynton Beach Boulevard Address Boynton Beach, Florida 33435 City/State/Zip (561) 742-6010 Telephone Number CPMP Non-State Grantee Certifications Page 59 of 662 City of Boynton Beach This certification does not apply. This certification is applicable. OPTIONAL CERTIFICATION CDBG Submit the following certification only when one or more of the activities in the action plan are designed to meet other community development needs having a particular urgency as specified in 24 CFR 570.208(c): The grantee hereby certifies that the Annual Plan includes one or more specifically identified CDBG-assisted activities, which are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs. Signature/Authorized OfficialDate N/A Name N/A Title N/A Address N/A City/State/Zip N/A Telephone Number CPMP Non-State Grantee Certifications Page 60 of 662 City of Boynton Beach This certification does not apply. This certification is applicable. Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance --If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs --it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance --before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized OfficialDate N/A Name N/A Title N/A Address N/A City/State/Zip N/A Telephone Number CPMP Non-State Grantee Certifications Page 61 of 662 City of Boynton Beach This certification does not apply. This certification is applicable. HOPWA Certifications The HOPWA grantee certifies that: Activities --Activities funded under the program will meet urgent needs that are not being met by available public and private sources. Building --Any building or structure assisted under that program shall be operated for the purpose specified in the plan: 1.For at least 10 years in the case of assistance involving new construction, substantial rehabilitation, or acquisition of a facility, 2.For at least 3 years in the case of assistance involving non-substantial rehabilitation or repair of a building or structure. Signature/Authorized OfficialDate N/A Name N/A Title N/A Address N/A City/State/Zip N/A Telephone Number CPMP Non-State Grantee Certifications Page 62 of 662 City of Boynton Beach This certification does not apply. This certification isapplicable. ESG Certifications I, N/A, Chief Executive Officer of N/A, certify that the local government will ensure the provision of the matching supplemental funds required by the regulation at 24 CFR576.51. I have attached to this certification a description of the sources and amounts of such supplemental funds. I further certify that the local government will comply with: 1.The requirements of 24 CFR576.53 concerning the continued use of buildings for which Emergency Shelter Grants are used for rehabilitation or conversion of buildings for use as emergency shelters for the homeless; or when funds are used solely for operating costs or essential services. 2.The building standards requirement of 24 CFR576.55. 3.The requirements of 24 CFR576.56, concerning assurances on services and other assistance to the homeless. 4.The requirements of 24 CFR576.57, other appropriate provisions of 24 CFRPart 576, and other applicable federal laws concerning nondiscrimination and equal opportunity. 5.The requirements of 24 CFR576.59(b) concerning the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 6.The requirement of 24 CFR576.59 concerning minimizing the displacement of persons as a result of a project assisted with these funds. 7.The requirements of 24 CFRPart 24 concerning the Drug Free Workplace Act of 1988. 8.The requirements of 24 CFR576.56(a) and 576.65(b) that grantees develop and implement procedures to ensure the confidentiality of records pertaining to any individual provided family violence prevention or treatment services under any project assisted with ESG funds and that the address or location of any family violence shelter project will not be made public, except with written authorization of the person or persons responsible for the operation of such shelter. 9.The requirement that recipients involve themselves, to the maximum extent practicable and where appropriate, homeless individuals and families in policymaking, renovating, maintaining, and operating facilities assisted under the ESG program, and in providing services for occupants of these facilities as provided by 24 CFR 76.56. 10.The requirements of 24 CFR576.57(e) dealing with the provisions of, and regulations and procedures applicable with respect to the environmental review responsibilities under the National Environmental Policy Act of 1969 and related CPMP Non-State Grantee Certifications Page 63 of 662 City of Boynton Beach authorities as specified in 24 CFRPart 58. 11.The requirements of 24 CFR576.21(a)(4) providing that the funding of homeless prevention activities for families that have received eviction notices or notices of termination of utility services will meet the requirements that: (A) the inability of the family to make the required payments must be the result of a sudden reduction in income; (B) the assistance must be necessary to avoid eviction of the family or termination of the services to the family; (C) there must be a reasonable prospect that the family will be able to resume payments within a reasonable period of time;and(D) the assistance must not supplant funding for preexisting homeless prevention activities from any other source. 12.The new requirement of the McKinney-Vento Act (42USC11362) to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. I further understand that state and local governments are primarily responsible for the care of these individuals, and that ESG funds are not to be used to assist such persons in place of state and local resources. 13.HUD’s standards for participation in a local Homeless ManagementInformation System (HMIS) and the collection and reporting of client-level information. I further certify that the submission of a completed and approved Consolidated Plan with its certifications, which act as the application for an Emergency Shelter Grant, is authorized under state and/or local law, and that the local government possesses legal authority to carry out grant activities in accordance with the applicable laws and regulations ofthe U. S. Department of Housing and Urban Development. Signature/Authorized OfficialDate N/A Name N/A Title N/A Address N/A City/State/Zip N/A Telephone Number CPMP Non-State Grantee Certifications Page 64 of 662 City of Boynton Beach This certification does not apply. This certification is applicable. APPENDIX TO CERTIFICATIONS Instructions Concerning Lobbying and Drug-Free Workplace Requirements Lobbying Certification Thiscertification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Drug-Free Workplace Certification 1.By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2.The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendereda false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3.Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4.Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highwaydepartment while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5.If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency ofthe change(s), if it previously identified the workplaces in question (see paragraph three). 6.The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check if there are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 21. Place NameStreetCityCounty State Zip City of Boynton Beach100 E. Boynton Boynton BeachPalm BeachFL33435 Beach Blvd. 7.Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act(21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility todetermine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal CPMP Non-State Grantee Certifications Page 65 of 662 City of Boynton Beach criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: a.All "direct charge" employees; b.all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and c.temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meeta matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Note that by signing these certifications, certain documents must completed, in use, and on file for verification. These documents include: 1. Analysis of Impediments to Fair Housing 2. Citizen Participation Plan 3. Anti-displacement and Relocation Plan Signature/Authorized OfficialDate Lori LaVerriere Name City Manager Title 100 E. Boynton Beach Boulevard Address Boynton Beach, Florida 33435 City/State/Zip (561) 742-6010 Telephone Number CPMP Non-State Grantee Certifications Page 66 of 662 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND AID TO VICTIMS OF DOMESTIC ABUSE, INC. THIS AGREEMENT, entered into this ______ day of ________________, 2015, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and AID TO VICTIMS OF DOMESTIC ABUSE, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at Post Office Box 6161, Delray Beach, Florida33482and its Federal Tax Identification Number as 59-2486620. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and AID TO VICTIMS OF DOMESTIC ABUSE, INC.desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage AID TO VICTIMS OF DOMESTIC ABUSE, INC.to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A.Definitions: 1)“City” means City of Boynton Beach 2)“CDBG” means Community Development Block Grant Program of the City of Boynton Beach 3)“CID” means Community Improvement Division 4)“The Agency” means AID TO VICTIMS OF DOMESTIC ABUSE, INC. Page 1of 17 Page 67 of 662 5)“CID Approval” means the written approval of the Director of Developmentor designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6)“U.S. HUD”means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7)“Low and Moderate Income Persons” means the definition set by U.S. HUD B.Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low-and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit “A”, and submit invoices using the cover sheet in Exhibit “B”, both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A.Maximum Compensation The Agency agrees to accept as full payment foreligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $10,000.00for the period of October l, 2015through September 30, 2016. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twentypercent on a cumulative basis of the contract amount during the contract period. Page 2of 17 Page 68 of 662 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twentypercent must be approved by the Commission of the City of Boynton Beach. B.Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant, CFDA No. 14.218, AwardNo.B-15-MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement retroactive with the effective date of October 1, 2015or receipt of an Order to Proceed in writing from CID.In any event, all services required hereunder shall be completed by the Agency by September 30, 2016. C.Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices mustbe submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate October 1, 2015. Page 3of 17 Page 69 of 662 D.Conditions on which Payment is contingent: 1)Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the Agency’s personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-fundedprojects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2)Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3)Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4of 17 Page 70 of 662 4)Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110, A-122,and A-133incorporated herein by reference. 5)Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthlyand/or quarterly) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6)Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7)Prior Written Approvals -Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a)All subcontracts and agreements pursuant to this Agreement; b)All capital equipment expenditures of $1,000 or more; c)All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d)All change orders; and e)Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8)Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5of 17 Page 71 of 662 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9)Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID’s prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach’s Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A.Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B.Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6of 17 Page 72 of 662 C.Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit “A” of this Agreement. The Agency shall provide written verification of compliance to CID upon CID’s request. D.Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City’s designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E.Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7of 17 Page 73 of 662 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program musthave a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records mustbe available for review. These agencies are required to submit “reduced scope” audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance withfederal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency’s choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F.Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for four(4) years after expiration of this Agreement. Page 8of 17 Page 74 of 662 G.Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and theCity. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actualor threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney’s fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency’s aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents,servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. The Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H.Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency’s services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I.Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9of 17 Page 75 of 662 The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J.Citizen Participation The Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K.Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearlyidentified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the Agency will make a good faith effort to recognize City’s support for all activities made possible with fundsavailable under this agreement. The Agency Marketing Plan shall include materials in Spanish & Creole and be promoted through churches, synagogues, mosques, and other houses of worship that are inclusive of Hispanic and Haitian communities. The Agency Marketing Plan will also include materials that provide information on how to request reasonable accommodations and will list TTY or Florida Relay Service number. L.Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract asif they were set forth verbatim and at length herein: 1)This Agreement including its Exhibits 2)Office of Management and Budget Circulars A-110, A-122 and A-133 Page 10of 17 Page 76 of 662 3)Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4)Executive Orders 11246, 11478, 11625, 12432,13166,the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5)Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 6)Florida Statutes, Chapter 112 and 768.28 7)Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 8)The City of Boynton BeachProcurement Policy& 24 CFR 85.36 -Procurement 9)The Agency’s Personnel Policies and Job Descriptions 10)The Agency’s Incorporation Certificate and Articles of Incorporation 11)The Agency’s by-laws 12)The Agency’s Certificate of Insurance and Bonding 13)The Agency’s Limited English Proficiency (LEP) Plan 14)The Agency’s Affirmative Marketing Plan 15)Current list of the Agency’s Officers and members of Board of Directors 16)Proof of Agency’s 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Improvement. Item 8 will be furnished to the Agency by CID. Items 9 through 16above shall be transmitted to CID by the Agency. M.Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as theexact amount of damages due to the City from the Agency is determined. 1)Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) Page 11of 17 Page 77 of 662 calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2)Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3)In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N.Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O.Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P.Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Page 12of 17 Page 78 of 662 Q.Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R.Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S.Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. T.Public Records The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes. The Agencyshall comply with Florida’s Public Records Law. Specifically, theAgencyshall: 1)Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2)Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3)Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4)Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the Agency. Page 13of 17 Page 79 of 662 The failure of Agencyto comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Part IV, Section M of the Agreement. U.Counterparts of This Agreement This Agreement, consisting of fourteenenumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the ________________ day of _________________, 2015. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: _______________________________BY: _________________________________ CITY CLERKCITY MANAGER APPROVED AS TO FORM: ___________________________________ CITY ATTORNEY AID TO VICTIMS OF DOMESTIC ABUSE, INC. BY:____________________________________ [CORPORATE SEAL] Page 14of 17 Page 80 of 662 AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT A WORK NARRATIVE I.The Agency agrees to, within the time line of October 1, 2015through September 30, 2016to: A.Identify children living in homes where domestic abuse is present.Children who are identified as being affected by domestic violence are given the opportunity to participate in a support group. th grade designed to prevent domestic B.Provide programs in schools to students in Pre-K to 12 violence. C.Goals of the programs include: 1.Provide domestic violence education presentations for 167students in the municipality of Boynton Beach. 2.Provide advanced, intensive domestic violence preventioncurriculawith community impact projectsfor 17students in the municipality of Boynton Beachon a weekly basis. 3.Provide safety planning to students atpresentations. D.Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II.The City Agrees to: A.Reimburse the Agency for the following budget items: Salaries& Benefits..........................................................................$10,000.00 TOTAL........................................................................................$10,000.00 B.Provide technical assistance to ensure compliance with CID, U.S.HUD and applicable Federal, State and City regulations to this Agreement. C.Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D.Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15of 17 Page 81 of 662 AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT B LETTERHEAD STATIONERY To:Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From:[Name of Sub-grantee] [Address] [Telephone] Subject:INVOICE REIMBURSEMENT Attached, you will find Invoice #________, requesting reimbursement in the amount of $________. The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT –Octavia S. Sherrod Page 16of 17 Page 82 of 662 AID TO VICTIMS OF DOMESTIC ABUSE, INC. EXHIBIT C PART IV.L: CONTRACT DOCUMENTS 1)This Agreement including its Exhibits 2)Office of Management and Budget Circulars A-110, A-122 and A-133 http://www.whitehouse.gov/omb/circulars_a110/ http://www.whitehouse.gov/omb/circulars_a122_2004/ http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_2011 3)Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 http://www.justice.gov/crt/about/cor/coord/titlevi.php http://www.archives.gov/education/lessons/civil-rights-act/ http://www2.ed.gov/policy/rights/guid/ocr/ageoverview.html http://www.ada.gov/pubs/ada.htm 4)Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/EXO11246 http://www.archives.gov/federal-register/codification/executive-order/11478.html http://www.archives.gov/federal-register/codification/executive-order/11625.html http://www.archives.gov/federal-register/codification/executive-order/12432.html http://www.justice.gov/crt/about/cor/13166.php http://www.dol.gov/whd/govcontracts/dbra.htm http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/109 5)Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/EXO11063 http://www.archives.gov/federal-register/codification/executive-order/12259.html http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/EXO12892 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights 6)Florida Statutes, Chapter 112 and 768.28 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0112/0112PartIContentsIndex.html&StatuteYear=2011&Title=%2D%3E2011%2D%3EChapter%20112%2D%3EP art%20I http://www.flsenate.gov/Laws/Statutes/2011/768.28 7)Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended http://law.justia.com/cfr/title24/24-3.1.1.3.4.html Page 17of 17 Page 83 of 662 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION THIS AGREEMENT, entered into this ______ day of ________________, 2015, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION, a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 2191 N. Seacrest Boulevard, Boynton Beach, Florida 33435and its Federal Tax Identification Number as 65-0971509. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I ofthe Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATIONto implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A.Definitions: 1)“City” means City of Boynton Beach 2)“CDBG” means Community Development Block Grant Program of the City of Boynton Beach 3)“CID” means Community Improvement Division 4)“The Agency” means BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION Page 1of 17 Page 84 of 662 5)“CID Approval”means the written approval of the Director of Developmentor designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6)“U.S. HUD” means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7)“Low and Moderate Income Persons” means the definition set by U.S. HUD B.Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low-and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit “A”, and submit invoices using the cover sheet in Exhibit “B”, both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A.Maximum Compensation The Agency agrees to accept as full payment foreligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $130,000.00for the period of October l, 2015through September 30, 2016. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twentypercent on a cumulative basis of the contract amount during the contract period. Page 2of 17 Page 85 of 662 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twentypercent must be approved by the Commission of the City of Boynton Beach. B.Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant, CFDA No. 14.218, AwardNo.B-15-MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement retroactive with the effective date of October 1, 2015or receipt of an Order to Proceed in writing from CID.In any event, all services required hereunder shall be completed by the Agency by September 30, 2016. C.Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered properdocumentation. In the case of direct payments, original invoices mustbe submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate October 1, 2015. Page 3of 17 Page 86 of 662 D.Conditions on which Payment is contingent: 1)Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the Agency’s personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-fundedprojects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2)Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3)Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4of 17 Page 87 of 662 4)Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110, A-122,and A-133incorporated herein by reference. 5)Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthlyand/or quarterly) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6)Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7)Prior Written Approvals -Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a)All subcontracts and agreements pursuant to this Agreement; b)All capital equipment expenditures of $1,000 or more; c)All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d)All change orders; and e)Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8)Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5of 17 Page 88 of 662 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9)Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID’s prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach’s Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A.Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B.Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6of 17 Page 89 of 662 C.Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit “A” of this Agreement. The Agency shall provide written verification of compliance to CID upon CID’s request. D.Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City’s designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E.Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7of 17 Page 90 of 662 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program musthave a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records mustbe available for review. These agencies are required to submit “reduced scope” audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance withfederal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency’s choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F.Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for four(4) years after expiration of this Agreement. Page 8of 17 Page 91 of 662 G.Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and theCity. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actualor threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney’s fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency’s aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents,servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. The Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H.Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency’s services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I.Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9of 17 Page 92 of 662 The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J.Citizen Participation The Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K.Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearlyidentified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the Agency will make a good faith effort to recognize City’s support for all activities made possible with fundsavailable under this agreement. The Agency Marketing Plan shall include materials in Spanish & Creole and be promoted through churches, synagogues, mosques, and other houses of worship that are inclusive of Hispanic and Haitian communities. The Agency Marketing Plan will also include materials that provide information on how to request reasonable accommodations and will list TTY or Florida Relay Service number. L.Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1)This Agreement including its Exhibits 2)Office of Management and Budget Circulars A-110, A-122 and A-133 Page 10of 17 Page 93 of 662 3)Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4)Executive Orders 11246, 11478, 11625, 12432,13166,the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5)Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 6)Florida Statutes, Chapter 112 and 768.28 7)Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 8)The City of Boynton BeachProcurement Policy& 24 CFR 85.36 -Procurement 9)The Agency’s Personnel Policies and Job Descriptions 10)The Agency’s Incorporation Certificate and Articles of Incorporation 11)The Agency’s by-laws 12)The Agency’s Certificate of Insurance and Bonding 13)The Agency’s Limited English Proficiency (LEP) Plan 14)The Agency’s Affirmative Marketing Plan 15)Current list of the Agency’s Officers and members of Board of Directors 16)Proof of Agency’s 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Improvement. Item8 will be furnished to the Agency by CID. Items 9 through 16above shall be transmitted to CID by the Agency. M.Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as the exact amount of damages due to the City from the Agency is determined. 1)Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) Page 11of 17 Page 94 of 662 calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2)Termination for Convenience At any time during the term of this Agreement, either partymay, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3)In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N.Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O.Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P.Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by writtenamendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Page 12of 17 Page 95 of 662 Q.Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R.Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S.Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. T.Public Records The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes. The Agencyshall comply with Florida’s Public Records Law. Specifically, the Agencyshall: 1)Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2)Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3)Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4)Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the Agency. Page 13of 17 Page 96 of 662 The failure of Agencyto comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Part IV, Section M of the Agreement. U.Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the ________________ day of _________________, 2015. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: _______________________________BY: _________________________________ CITY CLERKCITY MANAGER APPROVED AS TO FORM: ___________________________________ CITY ATTORNEY BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION BY:____________________________________ [CORPORATE SEAL] Page 14of 17 Page 97 of 662 BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION EXHIBIT A WORK NARRATIVE I.The Agency agrees, within the time line of October 1, 2015through September 30, 2016, to provide the following services: Complete pre-purchase Homebuyer Counselingfor 150 prospective homebuyers. A. Acquire, renovate/construct, and sell or lease four (4)vacant/abandoned foreclosedproperties to B. low-to-moderate income families. Complete construction/rehabilitation and sale of all remaining NSP-3 homes. C. Identify and secure tenvacant lots in the Model Block redevelopment area through donations D. from the City to construct tenaffordable housing units. Complete construction and sale of not less than five (5) new affordable homes. E. Secure construction financing for new home constructionproject. F. Market and sell all units to eligible first time homebuyers. G. Report the receipt of any income earned by the Agency to the CID Manager within five (5) H. workingdays before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II.The City Agrees to: A.Reimburse the Agency for the following budget items: Executive Director...............................................................................$21,500.00 Project Manager...................................................................................19,000.00 Homebuyer Coordinator.........................................................................32,000.00 Administrative Assistant.........................................................................20,000.00 Benefits/FICA Medicaid............................................................................7,500.00 Health Insurance..................................................................................10,000.00 Accounting/Bookkeeping........................................................................20,000.00 TOTAL.......................................................................................$130,000.00 B.Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C.Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D.Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15of 17 Page 98 of 662 BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION EXHIBIT B LETTERHEAD STATIONERY To:Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From:[Name of Sub-grantee] [Address] [Telephone] Subject:INVOICE REIMBURSEMENT Attached, you will find Invoice #________, requesting reimbursement in the amount of $________. The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT –Octavia S. Sherrod Page 16of 17 Page 99 of 662 BOYNTON BEACH FAITH-BASED COMMUNITY DEVELOPMENT CORPORATION EXHIBIT C PART IV.L: CONTRACT DOCUMENTS 1)This Agreement including its Exhibits 2)Office of Management and Budget Circulars A-110, A-122 and A-133 http://www.whitehouse.gov/omb/circulars_a110/ http://www.whitehouse.gov/omb/circulars_a122_2004/ http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_2011 3)Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 http://www.justice.gov/crt/about/cor/coord/titlevi.php http://www.archives.gov/education/lessons/civil-rights-act/ http://www2.ed.gov/policy/rights/guid/ocr/ageoverview.html http://www.ada.gov/pubs/ada.htm 4)Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/EXO11246 http://www.archives.gov/federal-register/codification/executive-order/11478.html http://www.archives.gov/federal-register/codification/executive-order/11625.html http://www.archives.gov/federal-register/codification/executive-order/12432.html http://www.justice.gov/crt/about/cor/13166.php http://www.dol.gov/whd/govcontracts/dbra.htm http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/109 5)Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/EXO11063 http://www.archives.gov/federal-register/codification/executive-order/12259.html http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/EXO12892 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights 6)Florida Statutes, Chapter 112 and 768.28 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0112/0112PartIContentsIndex.html&StatuteYear=2011&Title=%2D%3E2011%2D%3EChapter%20112%2D%3EP art%20I http://www.flsenate.gov/Laws/Statutes/2011/768.28 7)Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended http://law.justia.com/cfr/title24/24-3.1.1.3.4.html Page 17of 17 Page 100 of 662 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. THIS AGREEMENT, entered into this ______ day of ________________, 2015, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC., a non-profit corporation duly organizedand existing by virtue of the laws of th the State of Florida, having its principal office at 145 N.E. 4Avenue, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65-0447796. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing andCommunity Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC.to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A.Definitions: 1)“City” means City of Boynton Beach 2)“CDBG” means Community Development Block Grant Program of the City of Boynton Beach 3)“CID” means Community Improvement Division 4)“The Agency” means COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. Page 1of 17 Page 101 of 662 5)“CID Approval” means the written approval of the Director of Developmentor designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6)“U.S. HUD” means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7)“Low and Moderate Income Persons” means the definition set by U.S. HUD B.Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low-and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit “A”, and submit invoices using the cover sheet in Exhibit “B”, both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A.Maximum Compensation The Agency agrees to accept as full payment foreligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $50,906.00for the period of October l, 2015through September 30, 2016. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twentypercent on a cumulative basis of the contract amount during the contract period. Page 2of 17 Page 102 of 662 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twentypercent must be approved by the Commission of the City of Boynton Beach. B.Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant, CFDA No. 14.218, AwardNo.B-15-MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement retroactive with the effective date of October 1, 2015or receipt of an Order to Proceed in writing from CID.In any event, all services required hereunder shall be completed by the Agency by September 30, 2016. C.Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices mustbe submitted to CID. Proof of payments tovendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate October 1, 2015. Page 3of 17 Page 103 of 662 D.Conditions on which Payment is contingent: 1)Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the Agency’s personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-fundedprojects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2)Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3)Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4of 17 Page 104 of 662 4)Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110, A-122,and A-133incorporated herein by reference. 5)Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthlyand/or quarterly) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6)Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7)Prior Written Approvals -Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a)All subcontracts and agreements pursuant to this Agreement; b)All capital equipment expenditures of $1,000 or more; c)All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d)All change orders; and e)Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8)Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5of 17 Page 105 of 662 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9)Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID’s prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach’s Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A.Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B.Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6of 17 Page 106 of 662 C.Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit “A” of this Agreement. The Agency shall provide written verification of compliance to CID upon CID’s request. D.Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City’s designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E.Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7of 17 Page 107 of 662 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program musthave a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records mustbe available for review. These agencies are required to submit “reduced scope” audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance withfederal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency’s choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F.Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for four(4) years after expiration of this Agreement. Page 8of 17 Page 108 of 662 G.Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and theCity. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actualor threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney’s fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency’s aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents,servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. The Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H.Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency’s services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I.Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9of 17 Page 109 of 662 The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J.Citizen Participation The Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K.Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearlyidentified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the Agency will make a good faith effort to recognize City’s support for all activities made possible with fundsavailable under this agreement. The Agency Marketing Plan shall include materials in Spanish & Creole and be promoted through churches, synagogues, mosques, and other houses of worship that are inclusive of Hispanic and Haitian communities. The Agency Marketing Plan will also include materials that provide information on how to request reasonable accommodations and will list TTY or Florida Relay Service number. L.Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract asif they were set forth verbatim and at length herein: 1)This Agreement including its Exhibits 2)Office of Management and Budget Circulars A-110, A-122 and A-133 Page 10of 17 Page 110 of 662 3)Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4)Executive Orders 11246, 11478, 11625, 12432,13166,the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5)Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 6)Florida Statutes, Chapter 112 and 768.28 7)Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 8)The City of Boynton BeachProcurement Policy& 24 CFR 85.36 -Procurement 9)The Agency’s Personnel Policies and Job Descriptions 10)The Agency’s Incorporation Certificate and Articles of Incorporation 11)The Agency’s by-laws 12)The Agency’s Certificate of Insurance and Bonding 13)The Agency’s Limited English Proficiency (LEP) Plan 14)The Agency’s Affirmative Marketing Plan 15)Current list of the Agency’s Officers and members of Board of Directors 16)Proof of Agency’s 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Improvement. Item 8 will be furnished to the Agency by CID. Items 9 through 16above shall be transmitted to CID by the Agency. M.Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as theexact amount of damages due to the City from the Agency is determined. 1)Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) Page 11of 17 Page 111 of 662 calendar days to remedy the failure or violation. Inthe event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2)Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3)In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N.Severabilityof Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O.Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P.Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Page 12of 17 Page 112 of 662 Q.Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R.Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and thatits employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S.Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. T.Public Records The City of Boynton Beach is public agency subject to Chapter 119, FloridaStatutes. The Agencyshall comply with Florida’s Public Records Law. Specifically, the Agencyshall: 1)Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2)Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3)Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4)Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. Page 13of 17 Page 113 of 662 The failure of Agencyto comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Part IV, Section M of the Agreement. U.Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the ________________ day of _________________, 2015. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: _______________________________BY: _________________________________ CITY CLERKCITY MANAGER APPROVED AS TO FORM: ___________________________________ CITY ATTORNEY COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. BY:_____________________________________ [CORPORATESEAL] Page 14of 17 Page 114 of 662 COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. EXHIBIT A WORK NARRATIVE I.The Agency agrees, within the time line of October 1, 2015through September 30, 2016, to provide the following services: A.Provide emergency Food Pantryat the Community Caring Centeroffice B.Provide Emergency Disaster Assistance: Pre-and Post-activity, as needed C.Provide financial aid for the following: Emergency transportation/Gas/Bus Passes Utility bill pay assistance Rent/mortgage assistance Prescriptions and medication assistance Temporary emergency lodging vouchers D.Senior, frail, and elderly caregiving program E.Referral services for homeless, job placement and tax information F.Provide assistance for applying to State of Florida access for SSI, food stamps, prescription drug, and disability G.Provide health related classes –nutrition & chronic illness management H.Report the receipt of any income earned by the Agency to the CID Manager within five (5)working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and HUD regulations and this agreement. II.The City Agrees to: A.Reimburse the Agency forthe following budget items: Salaries..........................................................................................$41,906.00 Insurances........................................................................................4,000.00 Audit.................................................................................................5,000.00 TOTAL....................................................................................$50,906.00 A.Provide technical assistance to ensure compliance with CID, U.S.HUD and applicable Federal, State and City regulations to this Agreement. B.Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. C.Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15of 17 Page 115 of 662 COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. EXHIBIT B LETTERHEAD STATIONERY To:Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O.Box 310 Boynton Beach, Florida 33425-0310 From:[Name of Sub-grantee] [Address] [Telephone] Subject:INVOICE REIMBURSEMENT Attached, you will find Invoice #________, requesting reimbursement in the amount of $________. The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT –Octavia S. Sherrod Page 16of 17 Page 116 of 662 COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC. EXHIBIT C PART IV.L: CONTRACT DOCUMENTS 1)This Agreement including its Exhibits 2)Office of Management and Budget Circulars A-110, A-122 and A-133 http://www.whitehouse.gov/omb/circulars_a110/ http://www.whitehouse.gov/omb/circulars_a122_2004/ http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_2011 3)Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 http://www.justice.gov/crt/about/cor/coord/titlevi.php http://www.archives.gov/education/lessons/civil-rights-act/ http://www2.ed.gov/policy/rights/guid/ocr/ageoverview.html http://www.ada.gov/pubs/ada.htm 4)Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/EXO11246 http://www.archives.gov/federal-register/codification/executive-order/11478.html http://www.archives.gov/federal-register/codification/executive-order/11625.html http://www.archives.gov/federal-register/codification/executive-order/12432.html http://www.justice.gov/crt/about/cor/13166.php http://www.dol.gov/whd/govcontracts/dbra.htm http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/109 5)Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/EXO11063 http://www.archives.gov/federal-register/codification/executive-order/12259.html http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/EXO12892 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights 6)Florida Statutes, Chapter 112 and 768.28 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0112/0112PartIContentsIndex.html&StatuteYear=2011&Title=%2D%3E2011%2D%3EChapter%20112%2D%3EP art%20I http://www.flsenate.gov/Laws/Statutes/2011/768.28 7)Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended http://law.justia.com/cfr/title24/24-3.1.1.3.4.html Page 17of 17 Page 117 of 662 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. THIS AGREEMENT, entered into this ______ day of ________________, 2015, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., a non-profit corporation duly organized and existing by virtue of the laws of the State of Florida, having its principal office at 423 Fern Street, Suite 200, West Palm Beach, Florida 33401, and its Federal Tax Identification Number as 59-6046994. Whereas, The City of Boynton Beach has entered into an agreement withthe United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC.desire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC.to implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A.Definitions: 1)“City” means City of Boynton Beach 2)“CDBG” means Community Development Block Grant Program of the City of Boynton Beach 3)“CID” means Community Improvement Division 4)“The Agency” means LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. Page 1of 17 Page 118 of 662 5)“CID Approval” means the written approval of the Director of Developmentor designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6)“U.S. HUD” means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7)“Low and Moderate Income Persons” means the definition set by U.S. HUD B.Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute a majority (51%) of low-and moderate-income persons. PART II SCOPE OF SERVICES The Agency shall, in a satisfactory and proper manner as determinedby CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit “A”, and submit invoices using the cover sheet in Exhibit “B”, both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A.Maximum Compensation The Agency agrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Directorof Development or designee-approved expenditures and encumbrances made by the Agency under this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $4,000.00for the period of October l, 2015through September 30, 2016. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twentypercent on a cumulative basis of the contract amount during the contract period. Page 2of 17 Page 119 of 662 Such requests for changes must be made in writing by the Agency to the Community Improvement Manager. Budget changes in excess of this twentypercent must be approved by the Commission of the City of Boynton Beach. B.Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant, CFDA No. 14.218, AwardNo.B-15-MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon execution of this Agreement retroactive with the effective date of October 1, 2015or receipt of an Order to Proceed in writing from CID.In any event, all services required hereunder shall be completed by the Agency by September 30, 2016. C.Method of Payment The City agrees to make payments and/or to reimburse the Agency for all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Agency or any Subcontractor hereunder. Requests by the Agency for direct payments or reimbursements shall be accompanied by proper documentation of expenditures and final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Agency and CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices mustbe submitted to CID. Proof of payments tovendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Agency must adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate October 1, 2015. Page 3of 17 Page 120 of 662 D.Conditions on which Payment is contingent: 1)Implementation of Project According to Required Procedures The Agency shall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the Agency’s personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-fundedprojects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Agency shall notify CID in writing within thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2)Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Agency by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Agency to fiscally manage the project in accordance with Federal, State, and City requirements. 3)Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4of 17 Page 121 of 662 4)Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110, A-122,and A-133incorporated herein by reference. 5)Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthlyand/or quarterly) will be due within the time prescribed by this Agreement and the attachments hereto following the execution of this Agreement. 6)Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7)Prior Written Approvals -Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a)All subcontracts and agreements pursuant to this Agreement; b)All capital equipment expenditures of $1,000 or more; c)All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d)All change orders; and e)Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8)Program Generated Income All income earned by the Agency from activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Agency shall report to Page 5of 17 Page 122 of 662 CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A- 110, and other applicable regulations incorporated herein by reference. 9)Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID’s prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach’s Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A.Opportunities for Residents and Civil Rights Compliance The Agency agrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B.Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Agency shall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Agency shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6of 17 Page 123 of 662 C.Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit “A” of this Agreement. The Agency shall provide written verification of compliance to CID upon CID’s request. D.Evaluation and Monitoring The Agency agrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Agency agrees to furnish upon request to CID, the City or City’s designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Agency shall submit on a monthly and/or quarterly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Agency shall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E.Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Agency to CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency will permit CID, the City, U.S. HUD, or the Comptroller General Page 7of 17 Page 124 of 662 to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program musthave a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records mustbe available for review. These agencies are required to submit “reduced scope” audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance withfederal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federal and city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Agency to submit an audit by a Certified Public Account of the Agency’s choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Agency. The City will be responsible for providing technical assistance to the Agency, as deemed necessary by either party. F.Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Agency for the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Agency at any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CID, if requested. In any event, the Agency shall keep all documents and records for four(4) years after expiration of this Agreement. Page 8of 17 Page 125 of 662 G.Indemnification and Insurance The Agency recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and theCity. The Agency shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actualor threatened. The Agency shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney’s fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Agency will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Agency. The Agency’s aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents,servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Agency shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. The Agency shall provide for thirty (30) days notice of cancellation, non- renewal, or any adverse change in coverage. H.Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Agency’s services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I.Conflict of Interest The Agency agrees to abide by and be governed by Office of Management and Budget Circulars A-110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference herein. Page 9of 17 Page 126 of 662 The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J.Citizen Participation The Agency shall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Agency in carrying out the provisions of this Agreement. Representatives of the Agency shall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K.Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearlyidentified as to funding source. The Agency will include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the Agency will make a good faith effort to recognize City’s support for all activities made possible with fundsavailable under this agreement. The Agency Marketing Plan shall include materials in Spanish & Creole and be promoted through churches, synagogues, mosques, and other houses of worship that are inclusive of Hispanic and Haitian communities. The Agency Marketing Plan will also include materials that provide information on how to request reasonable accommodations and will list TTY or Florida Relay Service number. L.Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract asif they were set forth verbatim and at length herein: 1)This Agreement including its Exhibits 2)Office of Management and Budget Circulars A-110, A-122 and A-133 Page 10of 17 Page 127 of 662 3)Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4)Executive Orders 11246, 11478, 11625, 12432,13166,the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5)Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 6)Florida Statutes, Chapter 112 and 768.28 7)Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 8)The City of Boynton BeachProcurement Policy& 24 CFR 85.36 -Procurement 9)The Agency’s Personnel Policies and Job Descriptions 10)The Agency’s Incorporation Certificate and Articles of Incorporation 11)The Agency’s by-laws 12)The Agency’s Certificate of Insurance and Bonding 13)The Agency’s Limited English Proficiency (LEP) Plan 14)The Agency’s Affirmative Marketing Plan 15)Current list of the Agency’s Officers and members of Board of Directors 16)Proof of Agency’s 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Improvement. Item 8 will be furnished to the Agency by CID. Items 9 through 16above shall be transmitted to CID by the Agency. M.Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Agency with CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Agency shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Agency, and the City may withhold any payment to the Agency until such time as theexact amount of damages due to the City from the Agency is determined. 1)Termination for Cause If through any cause the Agency shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Agency with written notice specifying the exact nature of the failure or violation. Thereafter, the Agency has (30) Page 11of 17 Page 128 of 662 calendar days to remedy the failure or violation. In the event that the Agency does not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2)Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Agency for services rendered pursuant to this Agreement through and including the date of termination. 3)In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N.Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O.Leveraging The Agency agrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P.Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Page 12of 17 Page 129 of 662 Q.Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Agency when delivered to its office at the address listed on Page One of this Agreement. R.Independent Contractor Except as duly noted in Part III, Section D(9), the Agency agrees that, in all matters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S.Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. T.Public Records The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes. The Agencyshall comply with Florida’s Public Records Law. Specifically, theAgencyshall: 1)Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2)Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3)Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4)Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the Agency. Page 13of 17 Page 130 of 662 The failure of Agencyto comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Part IV, Section M of the Agreement. U.Counterparts of This Agreement This Agreement, consisting of fourteenenumerated pages and the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the ________________ day of _________________, 2015. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: _______________________________BY: _________________________________ CITY CLERKCITY MANAGER APPROVED AS TO FORM: ___________________________________ CITY ATTORNEY LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. BY:____________________________________ [CORPORATE SEAL] Page 14of 17 Page 131 of 662 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. EXHIBIT A WORK NARRATIVE I.The Agency agrees to, within the time line of October 1, 2015through September 30, 2016to: A.Provide advice, counsel and/or representation for residents of Boynton Beach with landlord tenant matters, fair housing enforcement, and foreclosure prevention services. B.Conduct a minimum of three (3) workshops on landlord tenant issues, fair housing laws or foreclosure prevention issues. C.Report the receipt of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of the income. Any income earned by the Agency will be considered program income and will be subject to CID and U.S. HUD regulations and this Agreement. II.The City Agrees to: A.Reimburse the Agency for the following budget items: Legal representation for seven (7) cases............................................$3,220.00 Conduct three (3) education & outreach events.......................................780.00 TOTAL..........................................................................................$4,000.00 B.Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. C.Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. D.Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 15of 17 Page 132 of 662 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. EXHIBIT B LETTERHEAD STATIONERY To:Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From:[Name of Sub-grantee] [Address] [Telephone] Subject:INVOICE REIMBURSEMENT Attached, you will find Invoice #________, requesting reimbursement in the amount of $________. The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT –Octavia S. Sherrod Page 16of 17 Page 133 of 662 LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. EXHIBIT C PART IV.L: CONTRACT DOCUMENTS 1)This Agreement including its Exhibits 2)Office of Management and Budget Circulars A-110, A-122 and A-133 http://www.whitehouse.gov/omb/circulars_a110/ http://www.whitehouse.gov/omb/circulars_a122_2004/ http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_2011 3)Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 http://www.justice.gov/crt/about/cor/coord/titlevi.php http://www.archives.gov/education/lessons/civil-rights-act/ http://www2.ed.gov/policy/rights/guid/ocr/ageoverview.html http://www.ada.gov/pubs/ada.htm 4)Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/EXO11246 http://www.archives.gov/federal-register/codification/executive-order/11478.html http://www.archives.gov/federal-register/codification/executive-order/11625.html http://www.archives.gov/federal-register/codification/executive-order/12432.html http://www.justice.gov/crt/about/cor/13166.php http://www.dol.gov/whd/govcontracts/dbra.htm http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/109 5)Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/EXO11063 http://www.archives.gov/federal-register/codification/executive-order/12259.html http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/EXO12892 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights 6)Florida Statutes, Chapter 112 and 768.28 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0112/0112PartIContentsIndex.html&StatuteYear=2011&Title=%2D%3E2011%2D%3EChapter%20112%2D%3EP art%20I http://www.flsenate.gov/Laws/Statutes/2011/768.28 7)Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended http://law.justia.com/cfr/title24/24-3.1.1.3.4.html Page 17of 17 Page 134 of 662 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH THIS AGREEMENT, entered into this ______ day of ________________, 2015, by and between the City of Boynton Beach, a political subdivision of the State of Florida, for the use and benefit of its Community Development Block Grant Program and THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH, having its principal office at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 59-2486620. Whereas, The City of Boynton Beach has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of the City of Boynton Beach, pursuant to Title I of the Housing and Community Development Act of 1974, (as amended); And Whereas, certain City of Boynton Beach Citizen Participation Structures, the Commission of the City of Boynton Beach and THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACHdesire to provide the activities specified in Part II of this contract; And Whereas, the City of Boynton Beach desires to engage THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACHto implement such undertakings of the Community Development Block Grant Program. Now, therefore, in consideration of the mutual premises and covenants herein contained, it is agreed as follows: PART I DEFINITION AND PURPOSE A.Definitions: 1)“City” means City of Boynton Beach 2)“CDBG” means Community Development Block Grant Program of the City of Boynton Beach 3)“CID” means Community Improvement Division 4)“The Department” means THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH Page 1of 17 Page 135 of 662 5)“CID Approval” means the written approval of the Director of Developmentor designee after a request or a report has been properly processed in accordance with the CID Policies Procedures 6)“U.S. HUD” means the Secretary of the U.S. Department of Housing and Development or a person authorized to act on U.S. HUD behalf 7)“Low and Moderate Income Persons” means the definition set by U.S. HUD B.Purpose: The purpose of this Agreement is to state the covenants and conditions under which the Department will implement the Scope of Services set forth in Part II of this Agreement. The beneficiaries of a project funded under this Agreement must constitute amajority (51%) of low-and moderate-income persons. PART II SCOPE OF SERVICES The Departmentshall, in a satisfactory and proper manner as determined by CID, perform the tasks necessary to conduct the program outlined in the Work Program Narrative and Proposed Budget, Exhibit “A”, and submit invoices using the cover sheet in Exhibit “B”, both of which are attached hereto and made a part hereof. PART III COMPENSATION, TIME OF PERFORMANCE, METHOD AND CONDITIONS OF PAYMENT A.Maximum Compensation The Departmentagrees to accept as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee- approved expenditures and encumbrances made by the Departmentunder this Agreement. Said service shall be performed in a manner satisfactory to CID. In no event shall the total compensation or reimbursement to be paid hereunder exceed the maximum and total authorized sum of $10,000.00for the period of October l, 2015through September 30, 2016. Page 2of 17 Page 136 of 662 Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twentypercent on a cumulative basis of the contract amount during the contract period. Such requests for changes must be made in writing by the Departmentto the Community Improvement Manager. Budget changes in excess of this twentypercent must be approved by the Commission of the City of Boynton Beach. B.Time of Performance The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project in U.S. HUD Community Development Block Grant, CFDA No. 14.218, AwardNo.B-15-MC-12-0043. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Departmentshall commence upon execution of this Agreement retroactive with the effective date of October 1, 2015or receipt of an Order to Proceed in writing from CID.In any event, all services required hereunder shall be completed by the Departmentby September 30, 2016. C.Method of Payment The City agrees to make payments and/or to reimburse the Departmentfor all eligible budgeted costs permitted by Federal, State, and City guidelines. In no event, shall the City provide advance funding to the Departmentor any Subcontractor hereunder. Requests by the Departmentfor direct payments or reimbursements shall be accompanied by proper documentation of expenditures and final payment shall be submitted to CID for approval no later than thirty (30) days after the end of the contract date. Payment shall be made by the City of Boynton Beach Finance Department upon proper presentation of invoices and reports approved by the Departmentand CID. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. In the case of direct payments, original invoices mustbe submitted to CID. Proof of payments to vendors must be submitted in the form of cancelled checks paid invoices and delivery slips if applicable, proof of payment must be received if any additional funds are to be disbursed. When original documents cannot be presented, the Departmentmust adequately justify their absence, in writing, and furnish copies. Invoices shall not be honored if received by the City of Boynton Beach Page 3of 17 Page 137 of 662 Finance Department later than thirty (30) days after the expiration date of this Agreement, nor will any invoices be honored that predate October 1, 2015. D.Conditions on which Payment is contingent: 1)Implementation of Project According to Required Procedures The Departmentshall implement this Agreement in accordance with applicable Federal, State and City laws, ordinances and codes and with the procedures outlined in the CID Policies, and amendments and additions thereto as may be made from time to time. The Federal, State and City laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth in the CID Policies and Procedures. No reimbursements will be made without evidence of appropriate insurance required by this Agreement on file with CID in accordance with Part IV, Section G of this Agreement. No payments will be made until the Department’s personnel policies are approved by the Director of Development Services or his designee CID Manager. No payments for multi-funded projects will be made until a cost allocation plan has been approved by the CID Manager or his designee and placed on file with CID. Should a project receive additional funding after the commencement of this Agreement, the Departmentshall notify CID in writingwithin thirty (30) days of their notification by the funding source and submit an approved cost allocation plan within forty-five (45) days of said official notification. 2)Financial Accountability The City may have a financial system analysis and an internal fiscal control evaluation of the Department by an independent auditing firm employed by the City or by the City Internal Audit Department at any time the City deems necessary to determine the capability of the Departmentto fiscally manage the projectin accordance with Federal, State, and City requirements. 3)Subcontracts Any work or services subcontracted hereunder shall be specifically by written contract, written agreement, or purchase order and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Departmentto CID and approved by CID prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject toFederal, State, and City laws and regulations. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the CID Manager or his designee. Page 4of 17 Page 138 of 662 4)Purchasing All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the City of Boynton Beach Purchasing Procedures Manual, Federal Management Circulars A-110, A-122,and A-133incorporated herein by reference. 5)Reports, Audits, and Evaluations Payment will be contingent on the receipt and approval of reports required by this agreement, the satisfactory evaluation of the project by CID and the City and satisfactory audits by the Internal Audit Department of the City and Federal Government if required. All reports (monthlyand/or quarterly) will be due within the time prescribed by this Agreement and the attachments heretofollowing the execution of this Agreement. 6)Additional CID, CITY and U.S. HUD Requirements CID shall have the right under this Agreement to suspend or terminate payments until the Department complies with any additional conditions that may be imposed by CID, the City or U.S. HUD at any time. 7)Prior Written Approvals -Summary The following includes, but is not limited to, activities that require the prior written approval of the CID Manager or his designee to be eligible for reimbursement or payment: a)All subcontracts and agreements pursuant to this Agreement; b)All capital equipment expenditures of $1,000 or more; c)All out-of-town-travel (travel shall be reimbursed in accordance with the provisions of Florida Statutes, Chapter 112.061); d)All change orders; and e)Requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A. 8)Program Generated Income All income earned by the Departmentfrom activities financed in whole or in part by CDBG funds must be reported to CID. Such income would include, but not be limited to income from service fees, sale of commodities, and rental or usage fees. In addition to reporting said income, the Departmentshall Page 5of 17 Page 139 of 662 report to CID the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Departmentthrough this Agreement, the prior written approval of the Director of Development or his designee will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circulars A-110, and other applicable regulations incorporated herein by reference. 9)Salary Rates and Increases All rates of pay and pay increases paid out of CDBG funds, whether they be for the reason of merit or cost of living increase, are subject to CID’s prior approval. Pay rates and increases paid out of CDBG funds shall be consistent with the City of Boynton Beach’s Personnel Department, and subject to prior established guidelines. PART IV GENERAL CONDITIONS A.Opportunities for Residents and Civil Rights Compliance The Departmentagrees that no person shall, on the grounds of race, color, mental or physical disability, national origin, religion or sex be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and tothe greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. B.Opportunities for Small, and Minority/Women Owned Business Enterprises In the procurement of supplies, equipment, construction, or services to implement this Agreement, the Departmentshall make a positive effort to utilize small and minority/women-owned business enterprises as sources of supplies and services, and provide these enterprises the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. In the maximum extent feasible, these small and minority/women-owned business enterprises shall be located in or owned byresidents of the CDBG areas designated by the City of Boynton Beach in its Annual Consolidated Plan approved by U. S. HUD. At a minimum, the Departmentshall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. Page 6of 17 Page 140 of 662 C.Project Beneficiaries At least 51 percent (51%) of the beneficiaries of a project funded through this agreement must be low- and moderate-income persons. Since the project is located in an entitlement city, as defined by U.S. HUD, or serves beneficiaries citywide, all of the beneficiaries assisted through the use of funds under this Agreement must reside in the City of Boynton Beach. The project funded under this agreement shall assist beneficiaries as defined above for the time period designated in Exhibit “A”of this Agreement. The Departmentshall provide written verification of compliance to CID upon CID’s request. D.Evaluation and Monitoring The Departmentagrees that CID will carry out periodic monitoring and evaluation activities as determined necessary by CID or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluation will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports and output measures. The Departmentagrees to furnish upon request to CID, the City or City’s designees and make copies or transcriptions of such records and information in connection with services to be provided hereunder. The Departmentshall submit on a monthly and/or quarterly basis, and at other times upon the request of CID, information and status reports required by CID, the City, or U.S. HUD on forms approved by CID. Grantee Performance Reports 4949.2 (Activity Summary) and 4949.5 (Direct Benefit Activities) will be required. This information will include: (1) detailed information on the status of the project(s) and status of funds; (2) the number of clients served by census tracts; (3) the number of low-and moderate-income persons; (4) racial breakdown; and (5) the number of female-headed households. In the event that this Agreement should provide funds for capital improvements projects, the Departmentshall be responsible for providing all necessary and pertinent information to CID in order to allow for completion of Grantee Performance Reports. However, this exception shall apply only to capital improvements activities. E.Audits and Inspections At any time during normal business hours and as often as CID, the City, U.S. HUD or the Comptroller General of the United States may deem necessary, there shall be made available by the Departmentto CID, the City, U.S. HUD or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Departmentwill permit CID, the City, U.S. HUD, or the Page 7of 17 Page 141 of 662 Comptroller General to audit and examine all contracts, invoices, materials, payroll, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program musthave a program specific audit performed audit performed, in accordance with OMB A-133. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required to submit “reduced scope” audits (e.g. financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other Federaland city agencies. The City will require when applicable, in accordance with OMB Circulars A-110, A-133 and other applicable regulations, the Departmentto submit an audit by a Certified Public Account of the Department’s choosing, subject to CID within one hundred and eighty (180) days after the expiration of this agreement. The cost of said audit should be borne by the Department. The City will be responsible for providing technical assistance to the Department, as deemed necessary by either party. F.Data Becomes City Property All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled or completed by the Departmentfor the purpose of this Agreement shall become the property of the City without restriction, reservation or limitation of their use and shall be made available by the Departmentat any time upon request by the City or CID. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating tothis Agreement shall be surrendered to CID, if requested. In any event, the Departmentshall keep all documents and records for four(4) years after expiration of this Agreement. Page 8of 17 Page 142 of 662 G.Indemnification and Insurance The Departmentrecognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The Departmentshall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance ofthis Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The Departmentshall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney’s fees, and shall defendall suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the Departmentwill hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the Department. The Department’s aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the Departmentshall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. The Departmentshall provide for thirty (30) days notice of cancellation, non-renewal, or any adverse change in coverage. H.Maintenance of Effort The intent and purpose of this Agreement is to increase the availability of the Department’s services. This Agreement is not to substitute for or replace existing or planned projects or activities of the Department. The Departmentagrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. I.Conflict of Interest The Departmentagrees to abide by and be governed by Office of Management and Budget Circulars A- 110 pursuant to conflict of interest. Said circulars are attached hereto and incorporated by reference Page 9of 17 Page 143 of 662 herein. The Departmentfurther covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the Department. Any possibleconflict of interest on the part of the Departmentor its employees shall be disclosed in writing to CID provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement, that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. J.Citizen Participation The Departmentshall cooperate with CID in informing the appropriate CDBG Citizen Participation Structures, including the appropriate Area Committees, of the activities of the Departmentin carrying out the provisions of this Agreement. Representatives of the Departmentshall attend meetings of the appropriate Committees and Citizen Participation Structures upon the request of CID or the City. K.Project Publicity All facilities purchased or constructed pursuant to this Agreement should be clearly identified as to funding source. The Departmentwill include a reference to the financial support herein provided by City of Boynton Beach and/or HUD in all publications and publicity. In addition, the Departmentwill make a good faith effort to recognize City’s support for all activities made possible with fundsavailable under this agreement. The DepartmentMarketing Plan shall include materials in Spanish &Creole and be promoted through churches, synagogues, mosques, and other houses of worship that are inclusive of Hispanic and Haitian communities. The DepartmentMarketing Plan will also include materials that provide information on how to request reasonable accommodations and will list TTY or Florida Relay Service number. L.Contract Documents The following documents are herein incorporated by reference and made part hereof, and shall constitute and be referred to as the contract; and all of said documents taken as a whole constitute the contract between the parties hereto and are as fully a part of the contract as if they were set forth verbatim and at length herein: 1)This Agreement including its Exhibits Page 10of 17 Page 144 of 662 2)Office of Management and Budget Circulars A-110, A-122 and A-133 3)Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 4)Executive Orders 11246, 11478, 11625, 12432,13166,the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 5)Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 6)Florida Statutes, Chapter 112 and 768.28 7)Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended 8)The City of Boynton BeachProcurement Policy& 24 CFR 85.36 -Procurement 9)The Department’s Personnel Policies and Job Descriptions 10)The Department’s Incorporation Certificate and Articles of Incorporation 11)The Department’s by-laws 12)The Department’s Certificate of Insurance and Bonding 13)The Department’s Limited English Proficiency (LEP) Plan 14)The Department’s Affirmative Marketing Plan 15)Current list of the Department’sOfficers and members of Board of Directors 16)Proof of Department’s 501©(3) certification from Internal Revenue Service (IRS). All of these documents are filed and will be maintained on file at the office of Community Redevelopment. Item8 will be furnished to the Departmentby CID. Items 9 through 16above shall be transmitted to CID by the Department. M.Termination In the event of termination for any of the following all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and capital equipment secured by the Departmentwith CDBG funds under this Agreement shall be returned to the City of Boynton Beach. In the event of termination, the Departmentshall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by the Department, and the City may withhold any payment to the Departmentuntil such time as the exact amount of damages due to the City from the Departmentis determined. 1)Termination for Cause If through any cause the Departmentshall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Departmentshall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall provide the Departmentwith Page 11of 17 Page 145 of 662 written notice specifying the exact nature of the failure or violation. Thereafter, the Departmenthas (30) calendar days to remedy the failure or violation. In the event that the Departmentdoes not remedy the failure or violation, within the thirty (30) day calendar period, the City then has the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Departmentof such termination or suspension of payment and specify the effective date thereof, at least five (5) working days before the effective date of termination or suspension. 2)Termination for Convenience At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the Departmentfor services rendered pursuant to this Agreement through and including the date of termination. 3)In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. N.Severability of Provisions If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. O.Leveraging The Departmentagrees to seek additional supportive or replacement funding from at least two (2) other funding sources. This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to CID. P.Amendments The City may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or U.S. HUD guidelines, directives and objectives. Such amendments shall be incorporated by written amendment as part of this Agreement and shall be subject to approval by the City of Boynton Beach Commissioners. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the City Commission and signed by both parties. Page 12of 17 Page 146 of 662 Q.Notice All notice required to be given under this Agreement shall be sufficient when delivered to CID at its office at 100 E. Boynton Beach Blvd, Boynton Beach, Florida, 33435, and to the Departmentwhen delivered to its office at the address listed on Page One of this Agreement. R.Independent Contractor Except as duly noted in Part III, Section D(9), the Departmentagrees that, in allmatters relating to this Agreement, it will be acting a an independent contractor and that its employees are not City of Boynton Beach employees and are not subject to the City Provisions of the law applicable to City employees relative to employment compensation and employee benefits. S.Public Entity Crimes As provided in F.S. 287.132-133, by entering into this contractor or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. F. S. 287.133(3)(a) requires this notice. T.Public Records The City of Boynton Beach is public agency subject to Chapter 119, Florida Statutes. The Department shall comply with Florida’s Public Records Law. Specifically, the Departmentshall: 1)Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2)Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed thatprovided in chapter 119, Fla. Stat., or as otherwise provided by law; 3)Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4)Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the Department. Page 13of 17 Page 147 of 662 The failure of Departmentto comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Part IV, Section M of the Agreement. U.Counterparts of This Agreement This Agreement, consisting of fourteen enumerated pages and the exhibits referencedherein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. WITNESS our Hands and Seals on the ________________ day of _________________, 2015. ATTEST: JANET PRAINITO, CMC CITY CLERK, CITY OF BOYNTON BEACH, FLORIDA Political Subdivision of the State of Florida BY: _______________________________BY: _________________________________ CITY CLERKCITY MANAGER APPROVED AS TO FORM: ___________________________________ CITY ATTORNEY THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH BY:__________________________________ Wally Majors, Recreation & Parks Director Page 14of 17 Page 148 of 662 THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH EXHIBIT A WORK NARRATIVE I.The Department agrees to, within the time line of October 1, 2015through September 30, 2016to: A.Process applications for CDBG assistancefor up to 30eligible low and moderate-income families and keep files with supporting documentation for each of said families. CDBG eligibility may be based on the Department’s review of income information such as tax returns and pay stubs or may use eligibility for other government assistance such as free school lunches. In the absence of any of the above, the Department may require the family to sign a document attesting to their income information and status. B.Provide a determination that applicant households are income eligible under HUD guidelines based on income and household size, using the Florida Income Eligibility Guidelines for free/reduced price meals. C.Admit children of eligible families to summer camp activities. D.Coordinate summer camp activities. E.Provide reports to the Community Improvement Division regarding income and family size of assisted families. II.The City Agrees to: A.Determine the eligibility of the activity for CDBG funding and establish the National Objective to be met by the activity as set forth in 24 CFR Part 570. B.Allocate TenThousandDollars ($10,000) in CDBG funding to the Recreation and Parks Department for use in providing scholarships to children of low and moderate income families. C.Inform the Recreation and Parks Department of any changes in CDBG regulations or program limits that affect the program. D.Review income documentation and process payments for scholarships. E.Provide technical assistance to ensure compliance with U.S. HUD, and applicable State and Local regulations. F.Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. G.Monitor the Recreation and Parks Department at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by Community Improvement and will serve to ensure compliance with U.S.HUD and other regulations and to verify the accuracy of reporting procedures on program activities as described. Page 15of 17 Page 149 of 662 THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH EXHIBIT B LETTERHEAD STATIONERY To:Octavia S. Sherrod, Community Improvement Manager Community Improvement Division City of Boynton Beach P. O. Box 310 Boynton Beach, Florida 33425-0310 From:[Name of Sub-grantee] [Address] [Telephone] Subject:INVOICE REIMBURSEMENT Attached, you will find Invoice #________, requesting reimbursement in the amount of $________. The expenditures for this invoice cover the period [date] through [date]. You will also find attached back up, original documentation relating to the expenditures being involved. ----------------------------------------------------------- APPROVED FOR PAYMENT –Octavia S. Sherrod Page 16of 17 Page 150 of 662 THE RECREATION AND PARKS DEPARTMENT, CITY OF BOYNTON BEACH EXHIBIT C PART IV.L: CONTRACT DOCUMENTS 1)This Agreement including its Exhibits 2)Office of Management and Budget Circulars A-110, A-122 and A-133 http://www.whitehouse.gov/omb/circulars_a110/ http://www.whitehouse.gov/omb/circulars_a122_2004/ http://www.whitehouse.gov/omb/circulars/a133_compliance_supplement_2011 3)Title VI of the Civil Rights Act of 1964, Age Discrimination Act of 1964, Age Discrimination Act of 1975, and Title II of Title VI of the Civil Rights Act of 1964, Age Discrimination the Americans With Disabilities Act of 1990 http://www.justice.gov/crt/about/cor/coord/titlevi.php http://www.archives.gov/education/lessons/civil-rights-act/ http://www2.ed.gov/policy/rights/guid/ocr/ageoverview.html http://www.ada.gov/pubs/ada.htm 4)Executive Orders 11246, 11478, 11625, 12432, 13166, the Davis Bacon Act of 1988 and Section 109 of the Housing and Community Development Act of 1974 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/EXO11246 http://www.archives.gov/federal-register/codification/executive-order/11478.html http://www.archives.gov/federal-register/codification/executive-order/11625.html http://www.archives.gov/federal-register/codification/executive-order/12432.html http://www.justice.gov/crt/about/cor/13166.php http://www.dol.gov/whd/govcontracts/dbra.htm http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/109 5)Executive Orders 11063, 12259, 12892, and the Fair Housing Act of 1988 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/EXO11063 http://www.archives.gov/federal-register/codification/executive-order/12259.html http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/EXO12892 http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights 6)Florida Statutes, Chapter 112 and 768.28 http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100- 0199/0112/0112PartIContentsIndex.html&StatuteYear=2011&Title=%2D%3E2011%2D%3EChapter%20112%2D%3EP art%20I http://www.flsenate.gov/Laws/Statutes/2011/768.28 7)Federal Community Development Block Grant Regulations (24 CFR Part 570), as amended http://law.justia.com/cfr/title24/24-3.1.1.3.4.html Page 17of 17 Page 151 of 662 Page 152 of 662 Page 153 of 662 Page 154 of 662 Page 155 of 662 Page 156 of 662 Page 157 of 662 Page 158 of 662 Page 159 of 662 Page 160 of 662 Page 161 of 662 Page 162 of 662 Page 163 of 662 Page 164 of 662 Page 165 of 662 Page 166 of 662 Page 167 of 662 Page 168 of 662 )<,-&-8 % '-8=3*&3=2832&)%',*036-(% +)2)6%0*92(%2%0=7-7 78%8)1)283*6):)29)7'314%6%8-:)&9(+)883%'89%0 *MWGEP=IEV4IVMSH)RHIH.YRI  SJ*MWGEP=IEV 6):)29)7 *=*=83(%8)*=83(%8) *= %''39287 6):)29) 6):)29) 6)%0->)(6)%0->)( 6)%0->)(6)%0->)( %4463:)(%4463:)( %(:%036)18%<)7RIX  0)778-*8%<)783'6%        2)88%<)7838,)'-8=  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$70,000 $69,347 $64,531 $60,000 $54,304 $58,023 $49,469$53,514 $50,000 $48,961 $45,001 $40,703 $44,759 $40,000 $36,385 $40,202 $35,750 $32,047 $30,000 $31,418 $26,017 $21,511 $25,510 $20,000 $17,074 $20,817 $16,320 $10,000 $6,086 $0 OctNovDecJanFebMarAprMayJunJulAugSep Cumulative201314ActualCumulative201415Actual201415Budget Page 170 of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ctNovDecJanFebMarAprMayJunJulAugSep Cumulative201314ActualCumulative201415Actual201415Budget Page 171 of 662 S:\Finance\Financial Reports\Monthly Financial Reports\FY2014-2015\Budget Review - UF - thru Jun 15 Summarized 2401 Rev Sum )<,-&-8( '-8=3*&3=2832&)%',*036-(% 98-0-8=*92(%2%0=7-7 78%8)1)283*)<4)2(-896)7'314%6%8-:)&9(+)883%'89%0 *MWGEP=IEV4IVMSH)RHIH.YRI  SJ*MWGEP=IEV )<4)2(-896)7 *=83(%8)*=83(%8) *=*= %''39287 &9(+)8 &9(+)8 )<4)2()()<4)2()( )<4)2()()<4)2()( %4463:)(%4463:)( ;%8)6(-786-&98-32  49&0-';%8)686)%81)28  1)8)66)%(-2+   ;%78);%8)6'300)'8-32  ;%78);%8)64914-2+78%827  7);%+)86)%81)28  ;%8)659%0-8=  98-0-8=%(1-2-786%8-32  98-0-8)7)2+-2))6-2+  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OutRequest 108Commerce Road, Boynton Beach, Florida 33426 Street Address Steven Dornblasersteve@driftwoodales.com Contact Name Email 561-320-1522 561-320-1522 Phone#Cell# DOCUMENTATION YES N/ACOMMENTS Complete & signed application X W9 Form 1 X 2 Business Tax Receipt – City Pending Business Tax Receipt – County Pending 3 Corporate Documents 4 X Executed/Proposed Multi-Year 5 X Commercial Lease Agreement Resume or qualifications of all 6 X owners [describing experience & track record] Two [2] years of Corporate Tax 7 X Returns [existing businesses] Two [2] years of Personal Tax 2013 & 2014 7 X Returns [new businesses] Jobs to be Created 8 [new business] Job Descriptions X Pay Range Weekly Schedule 8 Jobs Established [existing business] Job Descriptions X Pay Range Weekly Schedule BUSINESS EXPANSION 9 Design/floor plan and/or construction plans associated with proposed improvements, X indicating the existing and proposed square footage size [expansion size must be minimum 30% of existing] Additional information 10 Page 190 of 662 Page 191 of 662 Page 192 of 662 Page 193 of 662 Page 194 of 662 Page 195 of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’’  Page 196 of 662   Page 197 of 662 Page 198 of 662 Page 199 of 662 Page 200 of 662 Page 201 of 662 Page 202 of 662 Page 203 of 662 Page 204 of 662 Page 205 of 662 Page 206 of 662 Page 207 of 662 Page 208 of 662 Page 209 of 662 Page 210 of 662 Page 211 of 662 Page 212 of 662 Page 213 of 662 Page 214 of 662 Page 215 of 662 Page 216 of 662 Page 217 of 662 Page 218 of 662 Page 219 of 662 Page 220 of 662 Page 221 of 662 Page 222 of 662 Page 223 of 662 Page 224 of 662 Page 225 of 662 Page 226 of 662 Page 227 of 662 Page 228 of 662 Page 229 of 662 Page 230 of 662 Page 231 of 662 Page 232 of 662 Page 233 of 662 Page 234 of 662 Page 235 of 662 Page 236 of 662 Page 237 of 662 Page 238 of 662 Page 239 of 662 Page 240 of 662 Page 241 of 662 Page 242 of 662 Page 243 of 662 Page 244 of 662 Page 245 of 662 Page 246 of 662 Page 247 of 662 Page 248 of 662 Page 249 of 662 Page 250 of 662 Page 251 of 662 Page 252 of 662 Page 253 of 662 Page 254 of 662 Page 255 of 662 Page 256 of 662 Page 257 of 662 Page 258 of 662 Page 259 of 662 Page 260 of 662 Page 261 of 662 Page 262 of 662 Page 263 of 662 Page 264 of 662 Page 265 of 662 Page 266 of 662 Page 267 of 662 Page 268 of 662 Page 269 of 662 Page 270 of 662 Page 271 of 662 Page 272 of 662 Page 273 of 662 Page 274 of 662 Page 275 of 662 Page 276 of 662 Page 277 of 662 Page 278 of 662 Page 279 of 662 Page 280 of 662 Page 281 of 662 Page 282 of 662 Page 283 of 662 Page 284 of 662 Page 285 of 662 Page 286 of 662 Page 287 of 662 Page 288 of 662 Page 289 of 662 Page 290 of 662 Page 291 of 662 Page 292 of 662 Page 293 of 662 Page 294 of 662 Contractors / Research Laboratory Supplies / Alternate Contract Source / State Contracts and Agreements / Vendor Information / State Purchasing / Business Operations / Florida Department of Management Se... SITE MAPCONTACT DMSMYFLORIDAHOME Business OperationsWorkforce OperationsAgency AdministrationOther ProgramsAbout Us Florida Department of Management Services > Business Operations > State Purchasing > Vendor Information > State Contracts and Agreements > Alternate Contract Source > Research Laboratory Supplies > Contractors Search Search Current Location Only 7IEVGL << Return Research Laboratory Research Laboratory Supplies Supplies 41120000-15-ACS Contractors Contractors Contractors - Fisher Florida Scientific Company, ClimateUtilizes L.L.C Recycled Coverage NameCBE CodeFriendlyAuthorized ProductsArea PreferredResellers Complete Contract - Products Microsoft Word Complete Contract - PDF A - Non-MinorityNoNoNoStatewide Fisher Scientific Company, L.L.C Return to State Contracts and Agreements Terms and Conditions | Privacy Statement | Accessibility Statement | Copyright ©2015 Department of Management Services - State of Florida Page 295 of 662 http://www.dms.myflorida.com/...s_operations/state_purchasing/vendor_information/state_contracts_and_agreements/alternate_contract_source/research_laboratory_supplies/contractors[7/28/2015 4:22:20 PM] Contractors - Fisher Scientific Company, L.L.C / Contractors / Research Laboratory Supplies / Alternate Contract Source / State Contracts and Agreements / Vendor Information / State Purchasing / Business Ope... SITE MAPCONTACT DMSMYFLORIDAHOME Business OperationsWorkforce OperationsAgency AdministrationOther ProgramsAbout Us Florida Department of Management Services > Business Operations > State Purchasing > Vendor Information > State Contracts and Agreements > Alternate Contract Source > Research Laboratory Supplies > Contractors > Contractors - Fisher Search Search Current Location Only 7IEVGL Scientific Company, L.L.C Fisher Scientific Company, L.L.C Research Laboratory Supplies Florida Contractors ClimateUtilizes RecycledCoverage CBE CodeFriendlyAuthorized Contractors - Fisher ProductsArea Scientific Company, PreferredResellers L.L.C Products Complete Contract - A - Non-MinorityNoNoNoStatewide Microsoft Word ORDERING INSTRUCTIONS Complete Contract - PDF Person responsible for administering the contract: Name: Mark Mullins Return to State Contracts and Title: Regional Manager Agreements Phone Number(s): 305-528-0672 Ordering Information: Name: Fisher Scientific Company L.L.C Title: Customer Service Street Address or P.O. Box: 3970 Johns Creek Court, Suite 500 City, State, Zip: Atlanta, GA 30024 Phone Number: 770-871-4500 Atlanta Customer Service Toll Free Number: 800-766-7000 Customer Service Ordering Fax Number: 800-926-1166 Customer Service Internet Address: www.fishersci.com Federal ID Number: 23 – 2942737 Remit Address: On Invoice Terms and Conditions | Privacy Statement | Accessibility Statement | Copyright ©2015 Department of Management Services - State of Florida Page 296 of 662 http://www.dms.myflorida.com/...ation/state_contracts_and_agreements/alternate_contract_source/research_laboratory_supplies/contractors/contractors_fisher_scientific_company_l_l_c[7/28/2015 4:22:55 PM] Page 297 of 662 Page 298 of 662 Page 299 of 662 Page 300 of 662 Page 301 of 662 Page 302 of 662 Page 303 of 662 Page 304 of 662 Page 305 of 662 Page 306 of 662 Page 307 of 662 Page 308 of 662 Page 309 of 662 Page 310 of 662 Page 311 of 662 Page 312 of 662 Page 313 of 662 Page 314 of 662 Page 315 of 662 Page 316 of 662 Page 317 of 662 Page 318 of 662 Page 319 of 662 Page 320 of 662 Page 321 of 662 Page 322 of 662 794%%-6%2(,)%8-2' 7XVMPMRK6SEH7YMXI% ,SPP][SSH*0 8IP *E\ [[[WYTEEMVGSQ [[[WYTEEMVLIEXXLIFPYIFSSOGSQ WYTTEEMV$LSXQEMPGSQ .YP] 7YTE%MVERH,IEXMWTPIEWIXSTVIWIRXEFMHSRXLIJSPPS[MRKTVSNIGX4PIEWIGEPPJSVJYVXLIVHIWGVMTXMSR EXER]XMQIJSVXLMWTVSNIGX .SF2EQI&S]RXSR&IEGL%VX'IRXIV 4VSNIGX1EREKIV/IZMR6EQWI]8IP -2'09() 8EK(EXEz8*PI\%MV,ERHPMRK9RMX 5X] -XIQ8EK W 5X] %%,9 4VSHYGX(EXEz8*PI\%MV,ERHPMRK9RMX -XIQ%5X] 1YPXM^SRI8*PI\%MV,ERHPMRK9RMX vJYPPTIVMQIXIVFEWIVEMP vHSYFPI[EPPGSRWXVYGXMSR *PEXJMPXIVQSHYPIzvJMPXIVVEGO JMPXIVF]GSRXVEGXSV *MPXIVEGGIWWHSSV &-(;(-*ER ,4 -RXIVREPWTVMRKMWSPEXSVW *EREGGIWWHSSV 1YPXM^SRIWIGXMSR 6(<GSSPMRKGSMP VS[W 7XEMRPIWWWXIIPHVEMRTER ^SRIWHEQTIVW EGXYEXSVWF]SXLIVW Page 323 of 662 8EK(EXEz7TPMX7]WXIQ%MV'SRHMXMSRMRK9RMXW 0EVKI 5X] -XIQ8EK W 5X](IWGVMTXMSR1SHIP 2YQFIV &2S8EK8SR9RMXEV]'SRHIRWMRK9RMX88%  4VSHYGX(EXEz7TPMX7]WXIQ%MV'SRHMXMSRMRK9RMXW 0EVKI  -XIQ&5X] 88%%MV'SRHIRWMRK3YXHSSV9RMX 8SR2SQMREP'SSPMRK'ETEGMX]6 (YEP'SQTVIWWSVWz6 :SPX4LEWI,IVX^ 4EGOIH7XSGO)PIGXVSQIGLERMGEP &MH8SXEPiiiiiiiiiiiiiiiiiiiiiiiiiii Page 324 of 662 6)40%')1)283*8,),:%'7=78)1*368,)%68')28)6 "Offers from the vendors listed herein are the only offers BID DUE DATE: MONDAY, APRIL 6, 2015 received timely as of the above receiving date and time. BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID No.: 035-2413-15/JMA if any, are hereby rejected as late" VENDORSCEDARS ELECTRO-MECHANICAL, INC.D.A.C. AIR CONDITIONING CORP.SUPA AIR AND HEAT INC. 1712 S. Dixie Highway12440 SW 128th Street, Suite 62840 Stirling Road Lake Worth, FL 33460Miami, FL 33186Hollywood, FL 33020 Tel: (561) 588-4088Tel: (786) 293-9009Tel: (954) 929-0619 Fax: (561) 588-4087Fax: (786) 293-9010Fax: (954) 929-0667 E-mail: debra@cedarsinc.comE-mail: mario@dacair.netE-mail: suppaair@hotmail.com Contact: Debra L. ChalhoubContact: Mario L. DiazContact: Gregg Williams ORIGINAL AND TWO (2) COPIESYESYESYES SUBMITTED BIDDER ACKNOWLEDGEMENT YESYESYES SUBMITTED STATEMENT OF BIDDER'S QUALIFICATIONSYESYESYES SUBMITTED 5% BID BOND SUBMITTEDYES/Endurance ReinsuranceYES/Westchester FireYES/Cashier's Check - Corporation of AmericaInsurance Company$2,332.50 NAME OF SURETY 46-')463437%079&1-88)( ;%66%28=*36)59-41)283RI]IEVJSVIZIV]XLMRK3RI]IEVTEVXW3RI=IEV JMZI]IEVWJSV'SQTVIWWSVTEVXWJMZI]IEVW'SQTVIWWSV ;%66%28=*360%&363RI=IEV3RI=IEV3RI=IEV '%0)2(%6(%=783'3140)8) ;36/ SCHEDULE OF SUBCONTRACTORSYES/TWO SUBCONTRACTORSYES/NONEYES/NONE SUBMITTED Page 325 of 662 Page 1 6)40%')1)283*8,),:%'7=78)1*368,)%68')28)6 "Offers from the vendors listed herein are the only offers BID DUE DATE: MONDAY, APRIL 6, 2015 received timely as of the above receiving date and time. BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID No.: 035-2413-15/JMA if any, are hereby rejected as late" VENDORSCEDARS ELECTRO-MECHANICAL, INC.D.A.C. AIR CONDITIONING CORP.SUPA AIR AND HEAT INC. 1712 S. Dixie Highway12440 SW 128th Street, Suite 62840 Stirling Road Lake Worth, FL 33460Miami, FL 33186Hollywood, FL 33020 Tel: (561) 588-4088Tel: (786) 293-9009Tel: (954) 929-0619 Fax: (561) 588-4087Fax: (786) 293-9010Fax: (954) 929-0667 E-mail: debra@cedarsinc.comE-mail: mario@dacair.netE-mail: suppaair@hotmail.com Contact: Debra L. ChalhoubContact: Mario L. DiazContact: Gregg Williams ACKNOWLEDGEMENT OF ADDENDUM No. 1YESYESYES SUBMITTED ACKNOWLEDGEMENT OF ADDENDUM No. 2YESYESYES BIDDER'S SITE INSPECTION CONFIRMATIONYESYESYES SUBMITTED NON COLLUSION AFFIDAVIT SUBMITTEDYESYESYES ANTI-KICKBACK AFFIDAVIT SUBMITTEDYESYESYES CONFIRMATION OF MINORITY OWNED YES/WOMAN OWNEDYES/HISPANIC OWNEDYES/BLACK OWNED BUSINESS SUBMITTEDBUSINESSBUSINESSBUSINESS CONFIRMATION OF DRUG FREE YESYESYES WORKPLACE SUBMITTED PALM BEACH COUNTY INSPECTOR YESYESYES GENERAL ACKNOWLEDGEMENT SUBMITTED. COMMENTSCopies of Licenses attached. Page 326 of 662 Page 2 6)40%')1)283*8,),:%'7=78)1*368,)%68')28)6 "Offers from the vendors listed herein are the only offers BID DUE DATE: MONDAY, APRIL 6, 2015 received timely as of the above receiving date and time. BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID No.: 035-2413-15/JMA if any, are hereby rejected as late" VENDORSTHERMO AIR INC. 2875 N. 20th Avenue Hollywood, FL 33020 Tel: (954) 927-9333 Fax: (954) 923-8003 E-mail: Jimn@thermo-air.com Contact: Jim Neveils ORIGINAL AND TWO (2) COPIESYES SUBMITTED BIDDER ACKNOWLEDGEMENT YES SUBMITTED STATEMENT OF BIDDER'S QUALIFICATIONSYES SUBMITTED 5% BID BOND SUBMITTEDYES/American Southern Insurance Company NAME OF SURETY 46-')463437%079&1-88)( ;%66%28=*36)59-41)283RI=IEV ;%66%28=*360%&363RI=IEV '%0)2(%6(%=783'3140)8) ;36/ SCHEDULE OF SUBCONTRACTORSYES/TWO SUBMITTED Page 327 of 662 Page 3Tab Sheet - 2 6)40%')1)283*8,),:%'7=78)1*368,)%68')28)6 "Offers from the vendors listed herein are the only offers BID DUE DATE: MONDAY, APRIL 6, 2015 received timely as of the above receiving date and time. BID: DUE TIME: 2:30 P.M. All other offers submitted in response to this solicitation, BID No.: 035-2413-15/JMA if any, are hereby rejected as late" VENDORSTHERMO AIR INC. 2875 N. 20th Avenue Hollywood, FL 33020 Tel: (954) 927-9333 Fax: (954) 923-8003 E-mail: Jimn@thermo-air.com Contact: Jim Neveils ACKNOWLEDGEMENT OF ADDENDUM No. 1YES SUBMITTED ACKNOWLEDGEMENT OF ADDENDUM No. 2YES BIDDER'S SITE INSPECTION CONFIRMATIONYES SUBMITTED NON COLLUSION AFFIDAVIT SUBMITTEDYES ANTI-KICKBACK AFFIDAVIT SUBMITTEDYES CONFIRMATION OF MINORITY OWNED YES/NOT A MINORITY BUSINESS SUBMITTEDOWNED BUSINESS CONFIRMATION OF DRUG FREE YES WORKPLACE SUBMITTED PALM BEACH COUNTY INSPECTOR YES GENERAL ACKNOWLEDGEMENT SUBMITTED. COMMENTS Page 328 of 662 Page 4Tab Sheet - 2 Page 329 of 662 Page 330 of 662 Page 331 of 662 Page 332 of 662 Page 333 of 662 Page 334 of 662 Page 335 of 662 Page 336 of 662 Page 337 of 662 Page 338 of 662 Page 339 of 662 Page 340 of 662 Page 341 of 662 )<,-&-8& 7+(%**5283//& 6/26/2015 Date To:Lori Grossfeld - Clerk III City of Ft. Lauderdale Code Enforcement (954) 828-4653LGrossfeld@fortlauderdale.gov &S]RXSR&IEGL,7 Re:DEMO SERVICES, ANNUAL CONTRACTProject # 1CBS1-1500 SF$ 3.25 x=$0.00 CBS1501-3000 SF$ 3.25 x=$0.00 CBS3001-6000 SF$ 3.00 x=$0.00 CBS6001 SF+$ 3.00 x30,970=$92,910.00 2WOOD FRAME1-1500 SF$ 3.25 x=$0.00 WOOD FRAME1501-3000 SF$ 3.25 x=$0.00 WOOD FRAME 3001-6000 SF$ 2.00 x=$0.00 WOOD FRAME6001 SF+$ 2.00 x=$0.00 3EMERGENCY SVCS SURCHG--24 HR$ - x=$0.00 4EMERGENCY SVCS SURCHG--3 DAY$ - x=$0.00 5REMOVAL/DISPOSAL OF EXCESS DEBRISCY$ 30.00 x800=$24,000.00 6PUMP OUT SEPTIC TANK/GREASE TRAPEACH$ 300.00 x1=$300.00 7CAP SEWER LINESEACH$ 500.00 x1=$500.00 8RAT FREE CERTIFICATIONEACH$ 100.00 x1=$100.00 9REMOVAL OF MISC STRUCTURESSMALL$ 10.00 x=$0.00 10REMOVAL OF ASPHALT SLABSSF$ 0.20 x15,263=$3,052.60 11REMOVAL OF CONCRETE & BRICK PAVER SLABSSF$ 0.30 x2,208=$662.40 12REMOVE PAVED SUB-GRADE BASE MATERIAL 1'CUBIC YD$ 0.75 x=$0.00 13REMOVE ALL FENCINGLINEAR FOOT$ 1.00 x=$0.00 14HVAC REFRIGERANT RECOVERYLB$ 10.00 x=$0.00 15REMOVAL/DISPOSAL OF CONCRETE WALLSSF$ 3.00 x=$0.00 16REMOVAL/DISPOSAL OF HAZARDOUS WASTECUBIC YD$ 50.00 x=$0.00 17REMOVAL/DISPOSAL OF WOOD DOCKSSF$ 10.00 x=$0.00 18REMOVAL/DISPOSAL OF DOCK PILINGSEACH$ 50.00 x$0.00 19REMOVAL/DISPOSAL OF SWIMMING POOLS/SPASSF$ 2.00 x$0.00 20PROVIDE CLEAN FILL TO BACKFILL POOLSCUBIC YD$ 10.00 x$0.00 21PROVIDE SODSF$ 0.35 38,870$13,604.50 1REMOVAL OF ASB RELATED FLOOR TILESF$ 1.60 x=$0.00 2REMOVAL OF ASB RELATED TILE & MASTICSF$ 2.00 x4=$8.00 3REMOVAL OF ASB RELATED VINYLSF$ 1.60 x=$0.00 4REMOVAL OF CARPET AS ACMSF$ 1.60 x=$0.00 5REMOVAL OF ROOFING MATERIAL AS ACMSF$ 3.00 x18,760=$56,280.00 6REMOVAL OF SURFACE MATERIAL AS ACMSF$ 7.00 x$0.00 7REMOVAL OF CEILING TILE AS ACMSF$ 3.50 x$0.00 8REMOVAL OF CEMENTITIOUS COMPOSITE AS ACMSF$ 3.00 x14$42.00 9THERMAL SYSTEM INSULATION MATERIAL AS ACMSF$ 9.00 x$0.00 8SXEP&MHEQSYRX Please let us know if there is anything else you require. We look forward to your notice to proceed. Sincerely, Steve Greenberg ,SPPERH(VMZI7YMXI&SGE6EXSR*0*E\ Page 342 of 662 Precision Contracting Services, Inc )<,-&-8' 311 W Indian Town Road561-743-9737 Phone: 561-743-0775 Jupiter, FL 33458 Fax: To:City Of Boynton BeachContact:Charles Stevens Address:100 E. Boynton Beach Blvd.Phone:561-644-4214 Boynton Beach, FL 33425-0310 USAFax:561-742-6090 Project Name:15.06.29 City Of Boynton Beach FO & CU ReworkBid Number: Project Location:City Hall, Boynton Beach, FLBid Date:6/29/2015 Line #Item DescriptionEstimated QuantityUnitUnit PriceTotal Price Base Proposal 1.011.00LS$250.00$250.00 Mobilization And Documentation 1.022.00HR$125.00$250.00 Comm Electronics Technician (Re-Work FOTC At City Hall) 1.031.00EACH$975.00$975.00 Handhole, Comp 24"x36"(F & I) (Repl Existing 17x30 Pullbox) 1.041.00EACH$1,375.00$1,375.00 FO Splice Closure 12F, Aerial/UG (F & I) 1.051.00EACH$425.00$425.00 CU Splice Closure 50pr (F&I) Total Price for above Base Proposal Items:$3,275.00 Alternate - Replace Existing MM Cabling With SM Cabling 2.01Mobilization And Documentation1.00LS$250.00$250.00 2.02Remove Existing FO Cable 1,200.00LF$0.85$1,020.00 2.03FO Cable 12F, SM, LT, UG (F & I)1,200.00LF$1.35$1,620.00 2.04Handhole, Comp 24"x36"(F & I) (Repl Existing 17x30 Pullbox)1.00EACH$975.00$975.00 2.05FO Splice Closure 12F, Aerial/UG (F & I)1.00EACH$1,375.00$1,375.00 2.06FO Splice-Termination Unit 6F (F&I) (Both Out Buildings)2.00EACH$725.00$1,450.00 2.07FO Splice-Term. Cabinet, 12F, Wall/Rack (F&I)(CityHall)1.00EACH$1,395.00$1,395.00 2.08CU Splice Closure 50pr (F&I)1.00EACH$425.00$425.00 Total Price for above Alternate - Replace Existing MM Cabling With SM Cabling Items:$8,510.00 Notes: Location: City of Boynton Beach, FL. FO Modifications At City Hall and nearby buildings. • BASE PROPOSAL • * PCS quotes the replacement of existing pullbox with splice vault outside the building to be demolished. * PCS to pullback existing copper & fiber cabling approx 50 ft and provide splice closures for both to make splices at the new vault. * Have allowed tech time to rework fiber at the existing City Hall FOTC. ALTERNATE PROPOSAL • * PCS quotes to remove existing cabling between the 3 buildings and replace with 12F SM FO cabling. * Have allowed for the replacement splice vault and for both copper & fiber splices at this location. * Alternate proposal allows for 12F terminations at City Hall and 6F terminations at the two out buildings. All prices quoted are UNIT PRICES. PCS will invoice based upon actual field measurements for quantities installed on project. Payments to PCS • shall also be based upon actual quantities installed on the project. • Sales or use tax has been included for all materials if required. • Proposed pricing is based on award of all items bid upon. PCS reserves the to modify unit prices if all quoted items are not awarded. • PCS is not responsible for damage by others to FO Cable or other equipment after placement by PCS. Payment Terms: Payment terms: NET 30 Days and 18% APR for balances exceeding 30 Days. ACCEPTED:CONFIRMED: Precision Contracting Services, Inc The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer: Signature:Authorized Signature: Robert Sanford Date of Acceptance:Estimator: 561-743-9737, ext. 7101 rsanford@pcsfiber.com Page 1 of 1 6/29/2015 10:56:15 AM Page 343 of 662 )<,-&-8( Page 344 of 662 Page 345 of 662 Page 346 of 662 Page 347 of 662 Page 348 of 662 Page 349 of 662 Page 350 of 662 Page 351 of 662 Page 352 of 662 Page 353 of 662 Page 354 of 662 Page 355 of 662 Page 356 of 662 Page 357 of 662 Page 358 of 662 Page 359 of 662 Page 360 of 662 Page 361 of 662 Page 362 of 662 Page 363 of 662 Page 364 of 662 EMSLOrder:561400841 )170%REP]XMGEP-RG CustomerID:EEG50 ;IWX']TVIWW'VIIO6SEH7YMXI&*SVX0EYHIVHEPI*0 CustomerPO: Phone/Fax:(954)786-9331 / (954)941-4145 http://www.EMSL.compompanobeachlab@emsl.com ProjectID: Attn:6MGL+VYTIRLSJJ Phone:(305)374-8300 Fax: )) + Received:03/21/142:25PM 1MEQM0EOIW(VMZI)EWX AnalysisDate:3/24/2014 1MEQM0EOIW*0 Collected:3/20/2014 Project:&S]RXSR,76I'IVX 8IWX6ITSVX%WFIWXSW%REP]WMWSJ&YPO1EXIVMEPWZME)4%61IXLSHYWMRK 4SPEVM^IH0MKLX1MGVSWGST] 2SR%WFIWXSW %WFIWXSW 7EQTPI(IWGVMTXMSR%TTIEVERGI *MFVSYW 2SR*MFVSYW 8]TI 140320BM-1-SkimPlasterWhite100%Non-fibrous(other)2SRI(IXIGXIH Coat Non-Fibrous  Homogeneous 140320BM-1-RoughPlasterGray2%Hair98%Non-fibrous(other)2SRI(IXIGXIH Coat Fibrous % Homogeneous 140320BM-2-SkimPlasterWhite100%Non-fibrous(other)2SRI(IXIGXIH Coat Non-Fibrous  Homogeneous 140320BM-2-RoughPlasterGray2%Hair98%Non-fibrous(other)2SRI(IXIGXIH Coat Fibrous % Homogeneous 140320BM-3-SkimPlasterWhite100%Non-fibrous(other)2SRI(IXIGXIH Coat Non-Fibrous  Homogeneous 140320BM-3-RoughPlasterGray2%Hair98%Non-fibrous(other)2SRI(IXIGXIH Coat Fibrous % Homogeneous 140320BM-4ChalkBoardBrown/Green90%Cellulose10%Non-fibrous(other)2SRI(IXIGXIH Fibrous  Homogeneous Analyst(s) %RRI4EYP  AmritaPaul,LaboratoryManager orotherapprovedsignatory EMSLmaintainsliabilitylimitedtocostofanalysis.Thisreportrelatesonly to thesamplesreportedandmaynotbereproduced,exceptin full,withoutwrittenapprovalbyEMSL.EMSLbearsno responsibility forsamplecollectionactivitiesoranalyticalmethodlimitations.Interpretationanduseof testresultsaretheresponsibilityof theclient.Thisreportmustnotbeusedby theclient toclaim productcertification,approval,orendorsementby NVLAP, NISToranyagencyof the federalgovernment. Non-friableorganicallyboundmaterialspresentaproblemmatrixand thereforeEMSL recommendsgravimetricreductionprior toanalysis.Samplesreceivedingoodconditionunlessotherwisenoted.Estimatedaccuracy,precisionanduncertaintydataavailableuponrequest. Unless requestedby theclient,buildingmaterialsmanufacturedwithmultiplelayers(i.e.linoleum,wallboard,etc.)arereportedasasinglesample. Reportinglimitis1% SamplesanalyzedbyEMSLAnalytical,Inc.FortLauderdale,FL Initialreportfrom03/24/201411:42:15 Page 365 of 662 1 TestReportPLM-7.28.9Printed:3/24/201411:42:15AM EMSLOrder:561400841 )170%REP]XMGEP-RG CustomerID:EEG50 ;IWX']TVIWW'VIIO6SEH7YMXI&*SVX0EYHIVHEPI*0 CustomerPO: Phone/Fax:(954)786-9331 / (954)941-4145 http://www.EMSL.compompanobeachlab@emsl.com ProjectID: Attn:6MGL+VYTIRLSJJ Phone:(305)374-8300 Fax: )) + Received:03/21/142:25PM 1MEQM0EOIW(VMZI)EWX AnalysisDate:3/24/2014 1MEQM0EOIW*0 Collected:3/20/2014 Project:&S]RXSR,76I'IVX 8IWX6ITSVX%WFIWXSW%REP]WMWSJ&YPO1EXIVMEPWZME)4%61IXLSHYWMRK 4SPEVM^IH0MKLX1MGVSWGST] 2SR%WFIWXSW %WFIWXSW 7EQTPI(IWGVMTXMSR%TTIEVERGI *MFVSYW 2SR*MFVSYW 8]TI 140320BM-5ChalkBoardBrown/Green90%Cellulose10%Non-fibrous(other)2SRI(IXIGXIH Fibrous  Homogeneous 140320BM-6ChalkBoardBrown/Green90%Cellulose10%Non-fibrous(other)2SRI(IXIGXIH Fibrous  Homogeneous 140320BM-7MasticonCTBrown100%Non-fibrous(other)2SRI(IXIGXIH Non-Fibrous  Homogeneous 140320BM-8-FloorFloorTileBrown/Beige95%Non-fibrous(other) 'LV]WSXMPI /95%f(r) ' 140320BM8FlFlTileBBigeNibthLXMPI ooroorrwooneonrousoeVWS roV]V r --- Tile TTileNon-Fibrous NFib onrous -    Homogeneous H omogeneous Homogeneous 140320BM-8-MasticFloorTileYellow/Clear100%Non-fibrous(other)2SRI(IXIGXIH Non-Fibrous % Homogeneous 140320BM-9MortarBlocksGray100%Non-fibrous(other)2SRI(IXIGXIH Non-Fibrous  Homogeneous 140320BM-10InsulationWhite100%Non-fibrous(other)2SRI(IXIGXIH Non-Fibrous  Homogeneous Analyst(s) %RRI4EYP  AmritaPaul,LaboratoryManager orotherapprovedsignatory EMSLmaintainsliabilitylimitedtocostofanalysis.Thisreportrelatesonly to thesamplesreportedandmaynotbereproduced,exceptin full,withoutwrittenapprovalbyEMSL.EMSLbearsno responsibility forsamplecollectionactivitiesoranalyticalmethodlimitations.Interpretationanduseof testresultsaretheresponsibilityof theclient.Thisreportmustnotbeusedby theclient toclaim productcertification,approval,orendorsementby NVLAP, NISToranyagencyof the federalgovernment. Non-friableorganicallyboundmaterialspresentaproblemmatrixand thereforeEMSL recommendsgravimetricreductionprior toanalysis.Samplesreceivedingoodconditionunlessotherwisenoted.Estimatedaccuracy,precisionanduncertaintydataavailableuponrequest. Unless requestedby theclient,buildingmaterialsmanufacturedwithmultiplelayers(i.e.linoleum,wallboard,etc.)arereportedasasinglesample. Reportinglimitis1% SamplesanalyzedbyEMSLAnalytical,Inc.FortLauderdale,FL Initialreportfrom03/24/201411:42:15 Page 366 of 662 8,-7-78,)0%784%+)3*8,)6)43682 TestReportPLM-7.28.9Printed:3/24/201411:42:15AM 3VHIV-( Page 367 of 662 4EKI3J Page 368 of 662 Page 369 of 662 ACM BEIGE VFT <4SF @ STAGE STEPS Page 370 of 662 Page 371 of 662 Page 372 of 662 Page 373 of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age 374 of 662 NVLAP-01C (REV. 2009-01-28) 7'34)3*%''6)(-8%8-3283-73-)' )170%REP]XMGEP-RG ;IWX']TVIWW'VIIO6SEH &PHK&7YMXI *SVX0EYHIVHEPI*0 1W/MQ;EPPEGI 4LSRI  *E\   )1EMPO[EPPEGI$IQWPGSQ 960[[[IQWPGSQ &90/%7&)7837*-&)6%2%0=7-7 401 2:0%40%&'3() 2:0%4'SHI(IWMKREXMSR(IWGVMTXMSR %)4%1-RXIVMQ1IXLSHJSVXLI(IXIVQMREXMSRSJ%WFIWXSWMR&YPO-RWYPEXMSR 7EQTPIW %)4%61IXLSHJSVXLI(IXIVQMREXMSRSJ%WFIWXSWMR&YPO&YMPHMRK1EXIVMEPW XLVSYKL )JJIGXMZIHEXIW*SVXLI2EXMSREP-RWXMXYXISJ7XERHEVHWERH8IGLRSPSK] Page 375 of 662 4EKISJ NVLAP-01S (REV. 2005-05-19) Page 376 of 662 Page 377 of 662 Page 378 of 662 Page 379 of 662 Page 380 of 662 Page 381 of 662 Page 382 of 662 Page 383 of 662 Page 384 of 662 Page 385 of 662 Page 386 of 662 Page 387 of 662 Page 388 of 662 Page 389 of 662 Page 390 of 662 Page 391 of 662 )\LMFMX) Page 392 of 662 Page 393 of 662 Page 394 of 662 Page 395 of 662 Page 396 of 662 Page 397 of 662 Page 398 of 662 Page 399 of 662 Page 400 of 662 Page 401 of 662 Page 402 of 662 Page 403 of 662 Page 404 of 662 Page 405 of 662 Page 406 of 662 )\LMFMX* 7)'8-32 6)+%6',-8)'896%0%2%0=7-7 'YVVIRX'SRHMXMSRW2EVVEXMZI4LSXSW 6IJIVIRGI4PERW7MXI%IVMEP Page 407 of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(IWGVMTXMSRd\dd\d[SSHVEJXIVWEXdSRGIRXIV[MXLd\d[SSHTPERO HIGOMRKERHd\dWXMGO[SSHXVYWWIWEXdSRGIRXIV[MXLd\d [SSHTPEROHIGOMRK 'SQQIRXW8LIVSSJJVEQMRKMWWYJJMGMIRXXSWYTTSVXXLITVIWIRXKVEZMX]PSEHW 8MIHS[RWWXVETWJSVVIWMWXMRK[MRHYTPMJXPEXIVEPPSEHWEVIRSX TVIWIRX8LId\d[SSHTPEROW[MPPEPWSVIUYMVIEHHMXMSREP JEWXIRIVWXSVIWMWX[MRHYTPMJXPSEHW  Page 432 of 662 6ITEMVW,YVVMGERI[MRHXMIHS[RWXVETWXMIHS[RWEVIVIUYMVIHXSVIWMWX XLIYTPMJXPEXIVEP[MRHPSEHWSJXLITVIWIRX*PSVMHE&YMPHMRK'SHI WIIc8]TMGEP,YVVMGERI8MI(S[R(IXEMPWd  %YHMXSVMYQ+]QREWMYQ;MRK (IWGVMTXMSR7XVYGXYVEPWXIIPVMZIXIHcFS[dXVYWWIWLIEZ]XMQFIVVSSJTYVPMRW [MXL[SSHTPEROHIGOMRK7XIIPc-dFIEQW[MXL[SSHVEJXIVWERH [SSHTPEROHIGOMRKSZIVXLIWXEKIEVIE(IWMKRMRJSVQEXMSR[EW RSXJSYRHSRXLIVSSJWXIIP[SSHJVEQMRKSZIVXLIWXEKIEVIEXLMW EVIE[EWEPWSMREGGIWWMFPI 'SQQIRXW%YHMXSVMYQK]QREWMYQVSSJJVEQMRKMWWYJJMGMIRXXSWYTTSVXXLI TVIWIRXKVEZMX]PSEHMRK2SXMIHS[RWWXVETWXSVIWMWX[MRHYTPMJX PSEHMRKEVITVIWIRX 6ITEMVW,YVVMGERI[MRHXMIHS[RWXVETWEVIVIUYMVIHXSVIWMWXXLIYTPMJX[MRH PSEHWSJXLITVIWIRX*PSVMHE&YMPHMRK'SHI WIIc,YVVMGERI8MI (S[R(IXEMPWd   Page 433 of 662 +)2)6%0238)7 The information is this report is based on information transmitted by your office. We were commissioned to make a limited visual review of the structure and provide general methods of repair. This report is based upon clearly, visible, open and unobstructed areas of the premises on the date of our site visits. No opinion is rendered with regard to structural elements, which are concealed.Our report attempts to establish theareas and the amount of repair that is necessary. This limited review does not guarantee the structural integrity of the premises under its current use nor any proposed alterations. If you have any questions, please feel free to contact our office. 3v(322)002%''%6%831-+23+2% %'/732-2' Joseph F. Mincuzzi, P.E. John W. Dawson, BSCE VicePresident Project Manager STATE OF FLORIDA RegisteredProfessional Engineer No. 38162 RegisteredProfessional Special Inspector No. 0952 RegisteredBuilding Inspector No. BN-0002673 13 Page 434 of 662 4,383+6%4,7 )\LMFMX )\LMFMX Page 435 of 662 )\LMFMX )\LMFMX Page 436 of 662 )\LMFMX )\LMFMX Page 437 of 662 )\LMFMX )\LMFMX Page 438 of 662 )\LMFMX )\LMFMX Page 439 of 662 )\LMFMX )\LMFMX Page 440 of 662 )\LMFMX )\LMFMX Page 441 of 662 )\LMFMX )\LMFMX Page 442 of 662 )\LMFMX )\LMFMX Page 443 of 662 )\LMFMX )\LMFMX Page 444 of 662 )\LMFMX )\LMFMX Page 445 of 662 )\LMFMX )\LMFMX Page 446 of 662 )\LMFMX )\LMFMX Page 447 of 662 )\LMFMX )\LMFMX Page 448 of 662 )\LMFMX )\LMFMX Page 449 of 662 )\LMFMX )\LMFMX Page 450 of 662 )\LMFMX )\LMFMX Page 451 of 662 )\LMFMX )\LMFMX Page 452 of 662 )\LMFMX )\LMFMX Page 453 of 662 )\LMFMX )\LMFMX Page 454 of 662 Page 455 of 662 Page 456 of 662 Page 457 of 662 Page 458 of 662 Page 459 of 662 Page 460 of 662 Page 461 of 662 Page 462 of 662 Page 463 of 662 Page 464 of 662 Page 465 of 662 Page 466 of 662 7)'8-32 80')2+-2))6-2+1)4%2%0=7-7 Page 467 of 662 30(&3=2832&)%',,-+,7',330 &9-0(-2+7,)00():)0341)28 80')2+-2))6-2+*36%6',-8)'896) (M\SR&SYPIZEVH 'SGSE*PSVMHE  [[[ [[1113,2264,1163,2321][12][,,][Arial]] [[1126,2264,1176,2321][12][,,][Arial]]X [[1143,2264,1207,2321][12][,,][Arial]]PG [[1185,2264,1235,2321][12][,,][Arial]] [[1201,2264,1251,2321][12][,,][Ari al]]I [[1229,2264,1340,2321][12][,,][Arial]]RKM [[1304,2264,1354,2321][12][,,][Arial]]R [[1335,2264,1385,2321][12][,,][Arial]]I [[1363,2264,1413,2321][12][,,][Arial]]I [[1391,2264,1441,2321][12][,,][ Arial]]V [[1410,2264,1460,2321][12][,,][Arial]]W [[1438,2264,1488,2321][12][,,][Arial]] [[1451,2264,1501,2321][12][,,][Arial]]G [[1479,2264,1559,2321][12][,,][Arial]]SQ *IFVYEV] Page 468 of 662 Old Boynton Beach High School -Building Shell Development (for future fit out preparation) Mechanical – HVAC Any existing mechanical equipment is to be removed as part of the shell preparation. Estimated cooling loads for the building are approximately 90 tons. As part of the shell building phase, TLC recommends providing minimal outside air to prevent infiltration, and temperature control to maintain acceptable humidity levels to protect the building interior. We recommend that the shell preparation HVAC be handled in one of two alternate ways. Option 1:Provide four nominal 10,000 cfm modular split system air handlers (electric heat), with minimal main trunk ductwork, and four associated 25 ton direct expansion (DX) condensing units. These air handlers would be placed in dedicated mechanical rooms on first and second floors, with fresh air louvers on exterior walls. Minimal controls will be provided (thermostats) to maintain temperature and humidity conditions. Units this size can be operated as variable air volume (VAV). Thus when tenant/user fitout decisions are completed the associated VAV boxes can be added as required and final duct runouts can be added. This option provides all the required cooling plant equipment as part of the shell preparation, and limits construction cost in the final tenant/user fitout phase. Flexibility is limited based on the purchase of all airside equipment in the shell phase. Option 2: Provide a 100 ton nominal air cooled chiller and pump package and 4 inch preinsulated PVC chilled water piping loop. Two nominal 5,000 cfm outdoor air modular air handlers (electric heat) would be placed, one on each floor, to provide fresh air for the future tenant/user fitout. These units would be located in mechanical areas adjacent to exterior walls. Minimal distribution ductwork would be provided. A temporary return duct would be added, and these units would be used to maintain humidity control in the shell state. The system would require a small digital control system. The main advantage of this system is flexibility. As spaces are added, small fan coil units can be placed in the ceilings and simply piped to the chilled water loop. The air handlers placed into the shell would provide code required fresh air. This system would operate more efficiently than a comparable DX system and ultimately provide enhanced humidity control. Ultimately, however, in the 100 ton size range, the completed system has a higher cost per square foot. Plumbing Demolish all existing plumbing fixtures and cap piping. Provide new 2” backflow preventer and stub piping to building utility entrance. Provide a valve and cap piping. Sanitary piping should be removed from all above grade areas. Existing piping can be capped at the slab and abandoned. As an option, a new 4” sanitary main can be placed. It is anticipated tenant/user 2.4.2011 Page 1 Page 469 of 662 fitouts may require concrete slab cutting. Installation of the sanitary infrastructure may be premature, depending on tenants. Demolish existing roof drainage system. It is anticipated that the roof will be replaced. Provide new roof drains, approximately ten 6” roof drains with 6” rainwater leaders. Install a new underslab storm drainage system to site connections. Either two 8” leaders or a single 12” leader should be used. Floor sinks for air handling unit condensate should be installed and connected to this system (2 – 4 drains). Fire Protection For basic occupancy, a fire protection system must be installed. It is anticipated that a 6” fire protection main will be required, however this may be downsized to 4” if site flow conditions are favorable. Install a 6” monitored backflow preventer and 6” fire main in a dedicated entrance at the exterior wall. If the stage is to be used as a working stage, two 4” standpipes on either side of the stage must be installed. The remainder of the system can be protected with light hazard fire protection. It is assumed ceilings will be demolished and upright heads will be installed. During final tenant/user fitout, the final head layout will be changed to accommodate tenants/users. Electrical Electrical main switchboard, panels etc are recommended to be replaced (age, lack of replacement breakers, compliance with current codes etc). Estimate new service 1000Amps at 480V/3-phase/4- wire. Install one switchboard, one lighting panel, one step down transformer and receptacle panel. Remove all light fixtures - decorative fixtures that are functional should be salvaged for re-use/re-sale. Ceilings are anticipated to be removed, with subsequent installation of chain-hung or surface mounted general purpose industrial strips (T-8 lamps) for the Shell configuration. Control with occupancy sensors. Egress lighting, may use either integral battery packs or wall mounted emergency units (bug-eyes), or a combination of the two in large spaces. Fixtures can be reused in utility spaces (janitor, closets, mechanical and electrical rooms, etc) in the new tenant/user fit out phase. Receptacles/devices in walls to remain, remove wire and device, leave conduit (if installed) and backbox. Provides maximum flexibility if wall remains in fit-out stage (can be power receptacle or tel/data). Receptacles/devices in walls to be removed will be removed. There should be one new receptacle installed at the following locations: electrical room, within 25 feet of HVAC equipment and spaced in the building so you can reach one with a 25 foot extension cord from anywhere in the building (this can serve as temporary/construction power during fit out phase). Recommend putting all receptacles on dedicated circuits for two reasons 1) the receptacle can handle large power tool use and 2) during 2.4.2011 Page 2 Page 470 of 662 tenant/user fit-out the circuit can be extended to new local general purpose receptacles (reducing number of circuits run from electrical room during fit out). The fire alarm system is assumed to be non-functional and will need to be replaced. A new system with sufficient capacity (or capability to be expanded) to handle all the devices necessary when the building is fit out should be installed (to prevent re-work during tenant/user fit-out phase). In the shell phase, telephone system will only be necessary for fire alarm communications to exterior monitoring stations/fire department. Conduit for telephone, data, cable TV should be run underground out to a connection location (coordinate with local utility). If existing underground conduits are installed, they should be evaluated to determine viability for re-use during the fit out phase. 2.4.2011 Page 3 Page 471 of 662 )\LMFMX, 7)'8-32 )'3%(:-7367)2:-6321)28%0%77)771)28 Page 472 of 662 )2:-6321)28%0,%>%6(7%77)771)28 30(&3=2832&)%',,-+,7',330 )%783')%2%:)29) &3=2832&)%',*036-(% 4VITEVIHJSV 6)+%VGLMXIGXW 307 Evernia Street, 4th Floor West Palm Beach, Florida 33401 Contact: Mr. Vincent Käfer Telephone: (561) 659-2383 4VITEVIHF] )GS%HZMWSVW00' 3931 RCA Blvd., Suite 3114 Palm Beach Gardens, Florida 33410 Contact: David Johanson, CIE Telephone: (561) 627-1810 February 2011 Page 473 of 662 )\IGYXMZI7YQQEV] Eco Advisors, LLC is pleased to present our Environmental Hazards Assessment (EHA) of the Old Boynton Beach High School, 127 East Ocean Avenue (Site), Boynton Beach, Florida. Mr. Vincent Käfer, representing REG Architects, retained Eco Advisors to assess for environmental hazards and conditions that may affect the planned renovation including: suspect materials containing asbestos and lead paint, indoor issues (water intrusion and associated mold), hazardous materials and on-site petroleum tanks. The client also requested recommendations for reconstruction of the interior perimeter walls to control anticipated condensation moisture. The building condition is deteriorated with water and suspect visible mold (SVM) damage to a substantial amount of the interior ceiling and wall materials. Pigeons, in the building for years, cover certain exposed structures and floors with waste, a health risk for demolition/renovation contractors. Friable air cell pipe insulation in poor condition in the crawl space under the southern half of the building, all window frame FDXONDQGWKHZLQGRZSDQHFDXONIRUWKH¶[¶ pane windows contain asbestos. Suspect air cell pipe insulation may be present on a pipeline from the boiler room to the south under the floor. The insulation was inaccessible, identified 3 feet inside a clay tile pipe in the wall. The roofing materials (to be removed using wet demolition methods) and kiln and kitchen equipment (to be removed intact) are assumed to contain asbestos. Lead-Based Paint (LBP) materials (above 0.50% by weight) covers the entry doors, frames, decorative entry trim and arches, all antique white doors and frames, the painted gym bleachers, green painted blackboards, and gray painted stairs. The paint on the gym roof deck and steel supports are assumed LBP. All other paints contained lead (above the laboratory method detection limit) invoking the OSHA Lead in Construction Standard for the general contractor and other trades who will work at the Site. There was no visual evidence of aboveground storage tanks on-site. There was visual evidence and records associated with an unregulated underground heating oil storage tank in the northwest corner of the building, which was reportedly removed; a 55-gallon drum of unknown product in the boiler room, and fluorescent bulbs, ballasts, and emergency lighting batteries. These items require proper disposal. Eco Advisors recommends: 1.Properly remove and segregate Asbestos Containing Materials (ACM) prior to demolition/renovation. 2.Recycle the mercury containing florescent light bulbs, ballasts and emergency lighting batteries. 3.Personal protective equipment and respiratory protection will protect workers from exposure to mold, pigeon waste, and lead during the removal of non-asbestos containing plaster ceilings, walls and wood structural components. Worker protection practices for Lead in Construction are provided within OSHA regulations 29 CFR 1926.62 to minimize exposure to lead and spread contamination to adjacent work areas and the environment. 4.Remove all damaged ceiling, wall, and floor materials. Clean exposed materials and treat with microbial disinfectant. 5.Avian waste affected areas to remain in place will require a scrubbing wash with a good detergent, followed by a microbial disinfectant application. Care should be taken not to over wet materials to promote quick drying of the area. 6.Retrieve tank removal records to obtain closure per FDEP regulations. Subsurface assessment may be required by FDEP. Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, BoyntonBeach, FL Executive Summary Page 474 of 662 7.TCLP analysis of lead paint or lead painted components will determine whether it is characteristic of a hazardous waste or if those components can be disposed of as a solid waste or construction and demolition debris. 8.Interior perimeter wall build-back design for moisture/mold control provided in report. 9.Analyze the contents of the 55-gallon drum in the boiler room to ascertain method of disposal. 10.Assess the southern portion of the building for adequate cross ventilation of the crawl space foundation for building code compliance and inspect for proper landscape grade to direct water away from the building. Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, BoyntonBeach, FL Executive Summary Page 475 of 662 8%&0)3*'328)287 1. Introduction..........................................................................................................................1 2. Background...........................................................................................................................1 3. Project Scope of Work..........................................................................................................2 4. IAQ and General Hazards.....................................................................................................2 4.1. Scope of Work.............................................................................................................2 4.2 IAQ and Water Intrusion Survey.................................................................................2 4.3 Hazardous Materials Survey.......................................................................................3 4.4 Aboveground and Underground Storage Tanks..........................................................3 5. Asbestos Survey...................................................................................................................4 5.1 Scope of Work.............................................................................................................4 5.2 Site Information...........................................................................................................4 5.3 Results.........................................................................................................................5 5.4 Regulatory Information...............................................................................................7 5.5 Document Content.......................................................................................................8 6. Lead Based Paint Survey......................................................................................................9 6.1 Scope of Work.............................................................................................................9 6.2 Site Summary..............................................................................................................9 6.3 Painted Components..................................................................................................10 6.4 Lead Results..............................................................................................................11 7. Recommendations..............................................................................................................12 7.1 IAQ and General Hazards.........................................................................................12 7.2 Asbestos....................................................................................................................13 7.3 Lead...........................................................................................................................13 8. Disclaimer/Closing.............................................................................................................14 APPENDICES Appendix A Site Photographs Appendix B Asbestos Laboratory Analytical Results Appendix C Lead Based Paint Laboratory Analysis Results Appendix D Signature Pages and Certifications - Asbestos and Lead Appendix E Site Sample Location Maps Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, Boynton Beach, FL Table of Contents Page 476 of 662 -RXVSHYGXMSR Eco Advisors, LLC is pleased to present our Environmental Hazards Assessment (EHA) at the Old Boynton Beach High School, 127 East Ocean Avenue (Site), Boynton Beach, Florida. Mr. Vincent Käfer, representing REG Architects, retained Eco Advisors to assess the Site for environmental hazards and conditions that may affect the planned renovation including: suspect materials containing asbestos and lead paint, indoor issues (water intrusion and associated mold), hazardous materials and on-site petroleum tanks. The client also requested recommendations for reconstruction of the interior perimeter walls to control anticipated condensation moisture. &EGOKVSYRH The former high school built in 1927, is a two-story Mediterranean Revival style building, with approximately 28,420 square feet of floor space constructed of terra cotta clay block and concrete built over a concrete slab foundation in the north portion, with a crawl space foundation in the south portion. The crawlspace area contains pipes with insulation. The building structure includes concrete, steel and wood framing. Vegetation and mold is evident within interior portions of the building. Pigeons, in the building for years on both floors, cover certain exposed structures and floors with waste in the restrooms, gym and stage areas. Both floors consist of classrooms, hallways, restrooms and offices. The first floor also has: a kiln room, dining area, kitchen area, entry foyers and a boiler pit. The second floor has a gymnasium, stage and storage areas under the bleachers. All of the classrooms have metal radiators with no insulation at the floor penetrations, and slate chalkboards with cork tack boards around them. In the hallways the transom glass windows into the classrooms and above the doorways have been replaced with gypsum board panels. The exterior of the building has a smooth stucco finish. The windows on the first floor have window frame caulk, and a few have window pane caulk. There was no access to the windows on the second floor. The roof was out of the scope of work, but visually was a combination of barrel tile, rolled asphalt and EXLOW±XSURRILQJ$FFHVVWR the crawlspace was located on the south side of the building. The interior of the building has mostly plaster ceilings with Z-Spline ceiling tiles glued onto the plaster ceiling in some of the classrooms and offices. The northern section of the building is formed concrete decking. The second floor gymnasium and stage have a wood ceiling with four large vents. The west entry to the stage was the only place with vinyl floor tile. The restrooms, shower areas and kiln room have ceramic floor tile over concrete and ceramic wall tile on plaster. Some of the wood flooring on both floors is badly deteriorated from water damage. There is concrete flooring in the entry foyers, several of the rooms on the first floor, and all of the stairwell areas. The office area rooms on both floors had wood paneling on the walls over plaster. Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, BoyntonBeach, FL Page 1 Page 477 of 662 4VSNIGX7GSTISJ;SVO Eco Advisors, LLC personnel David Johanson, CIE, LRA and Senior Project Manager, and Carol Gagnon, CIE, conducted the Scope of Work on January 27 and 28, 2011. The report is divided into sections for each discipline; IAQ, Asbestos, and Lead. The Scope of Work for each discipline is provided in the specified section. -%5ERH+IRIVEP,E^EVHW %TTIRHM\%%TTIRHM\) Site Photographs are included as . Moisture Damage Location Map is included as . 7GSTISJ;SVO A visual inspection of the interior and exterior of the Site with focus on water intrusion and IAQ mold, A visual inspection of the interior of the building to identify hazardous materials, and Visual inspection of the exterior for evidence of petroleum or hazardous material storage -%5ERH;EXIV-RXVYWMSR7YVZI] Building Exterior: A section of the west side wall has no stucco finish and reportedly had a roof as evidenced by the remaining flashing materials. Two wood louvered vent panels on the north side of the building are deteriorated. Exterior doors of the building are no longer functional. Rain gutters are in disrepair with missing downspouts. Building Interior: Severe water intrusion areas were identified. The roof sustained unknown damage (not in scope of work). Our infrared thermal imaging camera identified wet roofing materials which corresponded to wet water damaged ceilings, walls and wood flooring below these areas. Ceiling and wall plaster was severely water damaged with extensive plaster deterioration and suspect visible mold (SVM). The following rooms had water damage to ceiling materials: C, D, E, I, H, F, CC, W, AAA/Y, V, Q, R, N, O, FF, KK, HH, GG, OO, PP, QQ, RR, TT, WW, and the Gym. The following walls had SVM on ceiling materials: AA, ZZ, and T. The skylight areas of Rooms L/II and BB/UU were severely water damaged with algae and SVM on many surfaces. Algae was also on the floor of Room KK. The following rooms had water damage to the walls: J, I, CC, DD, V, O, M, HH, GG, OO, PP, QQ, WW, Gym, and the Stage. The following rooms had SVM on walls: B, E, UU/BB, AA, Z, W, X, AAA/Y, U, T, Q, R, P/BBB, N, FF, L/II, KK, and VV. Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, BoyntonBeach, FL Page 2 Page 478 of 662 The following rooms had staining on the wood floors: A, I and F or severe floor damage: E, N, HH, OO, PP, Gym, and the Stage. A small tree growing on the southwestern corner roof had a thirty foot root system inside the building with part of the roots pushed through a plaster wall. There were small window style air conditioning units in the office areas with non suspect black foam insulation. Multiple BARD units were seen for the classrooms. According to Mr. Vincent Käfer of REG Architects, future renovation plans include removal of the interior plaster finishes on perimeter walls to afford the addition of insulation and then new drywall. It is our opinion that installing drywall over the existing terra cotta block walls may create a moist condition between the drywall and the block. The original construction allowed moisture to pass through the exterior brick, into and through the plaster to the interior space. Plaster construction does not readily support microbial activity. Another issue is that the restoration project includes an air- conditioned interior space. With an air-conditioned interior space, the moisture will continually seek the path from hot (exterior) to cold (interior) and create a potential moist wall cavity. Our 7IGXMSR recommendations are in . ,E^EVHSYW1EXIVMEPW7YVZI] There was a plastic 55 gallon drum in Room X (boiler room) with unknown contents. Broken fluorescent tube light bulbs were throughout the building. Most fixtures in the classrooms, hallways, restrooms and office areas no longer contained bulbs but the ballasts may still remain, and emergency lighting fixtures may still have batteries. The gym has halogen lights and the stage has incandescent bulbs in three large suspended fixtures. Pigeons have had access to the building for years covering certain exposed structures and floors in avian waste presenting a health risk for demolition/renovation contractors. Health risks include Cryptococcosis, Encephalitis, Histoplasmosis, and Salmonellosis. %FSZIKVSYRHERH9RHIVKVSYRH7XSVEKI8EROW We did not identify any evidence for the presence of aboveground storage tanks on-site. A review of available Florida Department of Environmental Protection (FDEP) storage tank databases identified the property/facility (ID3508734598) as having an un-regulated 500gallon capacity underground storage tank (UST) for the storage of heating oil associated with the boiler room. The records show the tank as active not removed. Eco Advisors personnel interviewed a City of Boynton Beach maintenance supervisor which verified the UST was removed and identified the asphalt pad where the tank was previously located on the northwest corner of the building near the boiler room. Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, BoyntonBeach, FL Page 3 Page 479 of 662 %WFIWXSW7YVZI] David Johanson and Carol Gagnon, EPA Accredited Asbestos Inspectors for REP Associates, Inc., inspected for ACM on January 27 to 28, 2011. 7GSTISJ;SVO The scope of work for this project included the Site visit and interior inspection of both floors of the building to locate, identify, assess, and quantify friable ACM or suspect ACM, and transporting samples under chain of custody to a contracted laboratory, fully accredited by the National Voluntary Laboratory Accreditation Program (NVLAP), for bulk sample asbestos analysis utilizing Polarized Light Microscopy (PLM). The amount or area of each homogeneous material determined the number of samples. Homogeneous material is defined as similar in color and texture, and installed during the same time. All of the equipment in the building, including the boiler, gas water heater, kiln and various pieces of kitchen equipment, were not sampled as they should be will be removed intact from the building, and are assumed to contain asbestos on insulation or wiring. The roofing was not in the scope of work as renovation plans include replacing the roofing materials after removing the old roofing by wet demolition protocols, and is assumed to contain asbestos. 7MXI-RJSVQEXMSR Facility Usage: Former High School Facility Construction: Clay Block, Stucco Exterior Finish, Barrel tile and Built-up Roof Approximate Size: 28,420 square feet Survey Area Components Ceilings Plaster on wood lathe, concrete, z-Spline with mastic, wood paneling Walls Plaster on wood lathe, gypsum board panels, wood paneling, ceramic tile, clay block with mortar Roof Not included in scope Flooring Vinyl floor tile, wood, ceramic tile, concrete, tar paper Miscellaneous Slate and wood core chalkboards, cork tack boards, clay pipe, ceiling metal heater unit, metal radiators, fly fans, metal HVAC ducting, aircell pipe insulation, metal fume hood, metal ducting, wood bleachers, stage light wiring Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, BoyntonBeach, FL Page 4 Page 480 of 662 1EXIVMEPWRSXWYWTIGXIHSJGSRXEMRMRKEWFIWXSW Metal Glass Wood Ceramic tile Cork tack boards Slate and wood core chalkboards Fiberglass insulation Clay block Concrete 7YWTIGXEWFIWXSWGSRXEMRMRKQEXIVMEPW %'1  ´[´9LQ\l floor tile Exterior stucco Crawlspace aircell pipe insulation Stage light wiring insulation Main electrical feed wiring insulation Interior plaster ceilings Interior plaster walls Gypsum board panels in old window frames Window frame and pane caulk Door frame caulk Z-Spline with mastic Mortar between clay wall blocks Tar paper under wood flooring Slate chalkboard mastic Wood paneling mastic 6IWYPXW %TTIRHM\) Asbestos Sample Location Maps are included as . Table 1 on the following page tabulates the results of our Inspection. Listed is the suspect asbestos-containing materials (ACM) with type and content of asbestos for those materials determined by sampling to be asbestos- containing or previously identified as asbestos-containing; and the quantity (square or linear footage) of all ACM and assumed ACM. Appendix B presents the Laboratory Sample Analysis report. Asbestos-containing materials are the friable aircell pipe insulation in the crawl space under the southern half of the building, the window frame caulk for all windows on the building and the ZLQGRZSDQHFDXONIRUWKH¶x 1.5¶ pane windows. Assume second floor window caulk is similar to first floor. Suspect air cell pipe insulation may be present on a pipeline from the boiler room to the south under the floor. The insulation was inaccessible, identified 3 feet inside a clay tile pipe in the wall. Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, BoyntonBeach, FL Page 5 Page 481 of 662 8EFPI%WFIWXSW-RWTIGXMSR6IWYPXW 7EQTPI7EQTPI1EXIVMEP%WFIWXSW)WXMQEXIH  2S0SGEXMSR(IWGVMTXMSR'SRXIRX5YERXMX]  'LV]WSXMPI0* '+7SYXLGVE[PWTEGI%MVGIPPTMTIMRWYPEXMSR SFWIVZIH CG04-05 Main electrical feed wiring NAD NA Stage electrical panel CG06-07 Stage light wiring CG08-09 South side exterior NAD NA Exterior stucco CG10 North side exterior CG11 SE main entry doors NAD NA CG12 SW main entry doors Door frame caulk CG13 Room BB entry doors CG14 Room X door '+v\vTERIWM^I[MRHS[;MRHS[JVEQIGEYPO 'LV]WSXMPI%PP[MRHS[ JVEQIWSR v\vTERIWM^I 'LV]WSXMPI '+;MRHS[TERIGEYPO FYMPHMRK [MRHS[ v\vTERIWM^I 'LV]WSXMPI '+ [MRHS[;MRHS[JVEQIGEYPO '+v\vTERIWM^I[MRHS[ 'LV]WSXMPI CG23 Room P NAD NA CG24 Room GG CG25 Room VV CG26 Room Q CG27 Room PP Interior plaster wall system CG28 Room N CG29 Room LL CG30 Room J CG31 Room OO CG32 Room AA CG33 Room E NAD NA CG34 Room F CG35 Room FF CG36 Room UU CG37 Room HH Interior plaster ceiling system CG38 Room KK CG39 Room D CG40 Room PP CG41 Room QQ CG42 Room N CG43-44 Room N Z-Spline with brown NAD NA 1 Asbestos Content: No Asbestos Detected (NAD), Assumed ACM, or % and type of asbestos (Chrys or Amosite) Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, BoyntonBeach, FL Page 6 Page 482 of 662 7EQTPI7EQTPI1EXIVMEP%WFIWXSW)WXMQEXIH  2S0SGEXMSR(IWGVMTXMSR'SRXIRX5YERXMX] mastic CG45 Room AAA NAD NA CG46 Room X Mortar between clay block CG47 Stage walls CG48 Room ZZ CG49 Room XX CG50 Room HH NAD NA Gypsum board panel CG51 Room E CG52 Room F Tar paper under wood NAD NA CG53-54 Room N flooring 12¶[2´EUown vinyl NAD NA CG55-56 Stage west entry steps floor tile Slate chalkboard brown NAD NA CG57-58 Room Z mastic Wood paneling brown NAD NA CG59-60 Room D mastic All roofing Assumed asbestos NA Not in Scope of Work. containing Wiring and/or insulation associated with equipment 6IKYPEXSV]-RJSVQEXMSR )4%2)7,%4z%WFIWXSW '*64EVX  Requirements cited for building owners and contractors concerning inspections, renovations, o demolitions, removal, and disposal of ACM. Alternatives depend on categories of the ACM: friable, Category I non-friable ACM, Category II non-friable ACM, and Regulated ACM. Category I Non Friable ACM is packing, gaskets, resilient floor coverings and roofing products o that contain more than one percent asbestos. Category II Non Friable ACM is any material, excluding Category I Non-Friable ACM or o Regulated ACM (friable) that contains more than one percent asbestos. Regulated ACM (RACM) is: o All friable ACM that contains more than one percent asbestos; Category I Non Friable ACM that will or has been subject to sanding, grinding cutting or abrading; Category II Non Friable ACM that has become friable; and Category II Non Friable ACM with a high probability of being or has become crumbled, pulverized, or reduced to powder by forces expected to act on the material in the course of demolition or renovation. Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, BoyntonBeach, FL Page 7 Page 483 of 662 Friable materials containing less than 10% by PLM analysis are ACM unless the percentage is o verified by point counting. The Owner or Demolition Contractor must complete a Notice of Asbestos Renovation or o Demolition. Send Notification by mail or hand deliver to the Palm Beach County Health Department, FDEP Air Resource Management Division. Notification is required for all demolitions (includes renovations where a load bearing member is o removed) and removal of friable or regulated asbestos containing and presumed asbestos- containing material. The Contractor must wait ten (10) days from the postmarked date of mailing to commence demolition or removal. Changes in the start date of the demolition/removal require notification to the above agencies by o phone, followed by a written revision to the Notification Form. Send a courtesy notification for Category I or II Non-Friable materials removed in a manner that maintains the material in a non- friable condition. 37,%%WFIWXSW '*64EVXSV'*64EVX Regulates asbestos exposure in all work, including but not limited to: demolition or salvage of o structures where asbestos is present, construction, alteration, repair, maintenance, or renovation of structures, substrates, or portions thereof that contains asbestos. These regulations apply to all assumed or asbestos-containing materials EXCEPT asbestos- o containing asphalt roof coatings, cements, and mastics. Coverage under this standard is dependent on the nature of the work operation involving asbestos exposure and not the asbestos content within the building material, including but not limited to methods of compliance, record keeping, and waste disposal, regardless of the asbestos content or levels of exposure. Materials containing less than 1% asbestos require compliance with 1926.1101(g) (1) (2) (3) as an o Unclassified Work Activity. (SGYQIRX'SRXIRX If local knowledge indicates error, omissions, or inaccuracy, notify the consultant. The information contained in this report reflects the conditions present on the date of inspection. The knowledge of the consultant, Eco Advisors, LLC, is current information and research. The status of said information, research, and technology could change in the future, thus affecting the services provided. The %TTIRHM\( asbestos report section signature page is provided in . Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, BoyntonBeach, FL Page 8 Page 484 of 662 0IEH&EWIH4EMRX7YVZI] David Johanson, U.S. EPA Certified Lead Risk Assessor performed a walk-through inspection of the Site on January 27 to 28, 2011. 7GSTISJ;SVO Site visit and inspection to identify suspect LBP. Sampling and analysis of the designated suspect lead-based painted surfaces of the interior and exterior of the building. Sampling methodology for lead incorporated the collection of paint chips for analysis of lead percent by weight. EMSL Analytical Inc., in Orlando, FL, accredited by the National Environmental Laboratory Accreditation Conference (NELAC), analyzed all samples. Analysis was for percent lead by weight to determine components containing lead-based paint. EMSL Analytical, Inc. utilized Lead in Paint by Flame AAS EPA SW846- 3050B/7000B analysis method. 7MXI7YQQEV] There was no specific history of paint maintenance. The Site was built in 1927 with renovations over the years. The light yellow painted stucco walls and mauve colored trim paint on the exterior of the building appeared to be single layer. The plaster walls of the hallways are two-tone celery green with pink and teal green under layers. The hallway baseboards are a teal green with darker colors beneath. Older white paint covered the original hallway and classroom ceilings. The classrooms on the ground floor and second floor are considered homogenous painted areas with same under layer and surface colors. The classrooms have varnished wood floors, painted baseboards, walls, ceilings blackboard trim, doors and door frames. Colors used included white, blue and teal green. The slate blackboards have been painted green. The bathrooms are painted a light tan with ceramic tile base, walls and lavatory walls. The second floor gym bleachers are painted a dark brown and the associated side wall bead boards and rails are painted white. Support columns are painted white with a teal undercoat and a red primer coat. The gymnasium ceiling and steel frame support structure were not accessible due to bleacher instability and no access for lift or extension ladder. The roof wood decking was a gray in color; however wood grain and knots were visible which may indicate the gray color is from wood graying and not paint. The gym steel frame support structure was painted gray. %TTIRHM\) Paint Sample Location Maps are included as . The samples were paint chips (off the substrate) collected with a template having an approximate area of 4 square inches, utilizing standard paint sampling protocols. A razor scraper removed the paint and primer (where applicable) from the substrate. The samples were placed in plastic zip lock bags and transported under Chain of Custody to the laboratory for analysis. Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, BoyntonBeach, FL Page 9 Page 485 of 662 4EMRXIH'SQTSRIRXW Refer to Table 2 for the Lead Inspection Results and analytical data. Current regulatory standards for paint are set by Federal statutes. Lead-based paint contains 0.50% lead or greater by weight (5,000 milligram per kilogram (mg/kg)). The OSHA Lead in Construction Standard, 29 CFR 1926.62, is invoked if any lead is present in sample. The samples designated as lead-based paint are presented in bold, and samples exhibiting lead content above the laboratory detection limit are acknowledged in the OSHA Construction Standard Invoked column. 8EFPI0IEH%REP]WMW6IWYPXW SamPaint Location Paint Color Lead Concentration OSHA ple # In % by weight Construction Standard Invoked P1 Entry baseboard/Room E Teal green 0.084% yes P2 Entry hall wall/Room E Celery 0.15% yes P3 Class 1 door frame/Room F White 0.34% yes P4 Class 1 door/Room F White 0.20% yes P5 Class 1 baseboard/Room F White 0.33% yes P6 Class 1 wall/Room F White 0.14% yes P7 Class 2 wall/Room I Blue/white 0.23% yes P8 Class 2 door frame/Room I Blue 0.40% yes P9 Class 2 door/Room I Blue 0.096% yes P10 Ceiling White 0.015% yes P11 Floor Varnish Dark amber 0.40% yes P12 Utility room door frame Dark brown 0.35% yes P13 Utility room floor Light brown <0.010% no P14 Media door frame/Rm AA Pink 0.37% yes 4'PEWWFPEGOFSEVH6SSQ.+VIIR  PIEHFEWIHyes TEMRX 4*VSRXIRXV]JVEQIWERHXVMQ'LSGSPEXI  PIEHFEWIH yes FVS[RTEMRX P17 Area 5 column/Room W White, teal 0.34% yes and red primer 4&SMPIVVSSQHSSV6SSQ<3PH[LMXI  PIEHFEWIH yes TEMRX 42SVXLIRHHSSVJVEQIW3PH[LMXI  PIEHFEWIH yes TEMRX 4*VSRXHSSVW'LSGSPEXI  PIEHFEWIH yes TEMRX P21 Lunch room wall/Room N White and 0.054% yes Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, BoyntonBeach, FL Page 10 Page 486 of 662 SamPaint Location Paint Color Lead Concentration OSHA ple # In % by weight Construction Standard Invoked teal st P22 1 Floor GRR/ Room M Tan 0.45% yes P23 NW hall ceiling/Room P White 0.022% yes P24 NW stair rail/Room P Brown/mauve0.17% yes P25 Building exit Light yellow 0.089% yes st P26 1 Floor BRR/ Room CC Tan/white 0.15% yes P27 Exterior trim Mauve 0.14% yes P28 Media Wall Purple 0.39% yes 47XEMVW+VI] PIEHFEWIHyes TEMRX P30 North exterior door frame White 0.064% yes P31 Shower wall Tan 0.17% yes 4+]QFPIEGLIVW&VS[R  PIEHFEWIHyes TEMRX P33 Gym bead boards and rails White 0.13% yes P34 Area 5 ceiling/Room W White <0.010% no P35 Media room doors/Room AA White 0.18% yes P36 Black board wood trim White 0.22% yes P37 Gym wall and stage cap White 0.19% yes %WWYQI0&4 Gym ceiling wood deck Gray yes %WWYQI0&4 Gym ceiling steel framing Gray yes 0IEH6IWYPXW All paint contains lead except samples P13 and P34, the brown paint on the floor of the utility room and the ceiling paint in Area 5 Room W, respectively and therefore invoke the OSHA Lead in Construction Standard for the general contractor and other trades working at the Site. The painted surfaces of P15, P16, P18, P19, P20, P29, and P32, are above 0.50% by weight and are defined as lead-based paint subject to requiring additional regulatory standards. The (antique) white painted doors and door frames throughout the building are considered homRJHQRXVDQGKDYHOHDG±EDVHG paint, the exterior door frames throughout the building, the gymnasium stair exit doors and door frames, the boiler room door and frame. The exterior entry doors, door frame and decorative trim have lead-based paint. The same paints and undercoat layers were utilized on the second floor as on the first floor and as such assume all paints as lead-containing. The white ceramic tile base in the restrooms had lead-based pigment content by chemical lead stick analysis. The lead-based paint report %TTIRHM\( signature page is provided in . Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, BoyntonBeach, FL Page 11 Page 487 of 662 6IGSQQIRHEXMSRW Eco Advisors recommends the following action items based upon visual inspections, suspect materials sampling, and the results of laboratory analysis. -%5ERH+IRIVEP,E^EVHW Demolition/renovation contractors should be notified of the mold and pigeon (avian waste) and take precautions to protect their workers from these hazards. Remove all water/mold damaged wood flooring, plaster ceiling and wall areas to a distance of two feet beyond visible damage, and all water damaged wood lathe behind plaster. Assess the ceiling, wall cavity or floor cavity support members for rot and structural integrity after demolition activities are completed. Sand and treat support members to remain with a microbial disinfectant/encapsulant. Wash/clean remaining ceiling, wall and floor surfaces to remove surface mold and spray with a PLFURELDOGLVLQIHFWDQWWRPDQXIDFWXUHU¶VVSHFLILFDtions, after demolition activities are completed. To minimize moisture and associated mold activity within the perimeter wall new construction; Assure that the mechanical ventilation system creates a positive pressurization within the building at all times. Consider a separate mechanical system for rooms requiring a special thermal environment (i.e. very cold for historic documents) and locate those rooms to an interior space away from exterior walls. Consider using BASF 2lb FORVHGFHOOSXUSOH³(FR´VSUD\ foam vapor barrier/insulation with an R value of 5 per inch. Another closed cell spray foamLV'HOLOHF¶V3RODUIRDP6Rya or Heat Lok Soya 2lb soy based foam with an R value of 6 per inch. These products apply directly to the terra cotta block sealing all block holes and mortar holes providing an air barrier, vapor barrier and a high thermal resistance in one application. Use a paperless or glass/mat drywall with a moisture resistant gypsum core suchDV´*P Gypsum DensArmor Plus to inhibit mold germination and/or colonization. Water test new window installations prior to interior reconstruction. Do not use paneling or wallpaper in the reconstruction. Recycle the mercury containing florescent light bulbs, ballasts, and emergency lighting batteries. Analyze the contents of the 55-gallon drum in the boiler room to ascertain method of disposal. Retrieve tank removal records to obtain closure per FDEP regulations. Subsurface assessment may be required by FDEP. Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, BoyntonBeach, FL Page 12 Page 488 of 662 Assess the southern portion of the building for adequate cross ventilation of the crawl space foundation for building code compliance and inspect for proper landscape grade to direct water away from the building. %WFIWXSW Remove ACM or assumed ACM prior to any demolition/renovation activities. Removal must be performed by a State licensed asbestos removal contractor(s) in accordance with a written specification and contract. This work should be monitored to document appropriate work practices and standards are maintained during the course of the abatement project. The roofing materials can be removed utilizing wet demolition protocols. All boiler, kiln and kitchen equipment should be removed intact and either reused, recycled or properly disposed of. Immediately cease all work activity and secure the area should additional suspect building materials be discovered during the course of future repair, renovation or demolition activities until such time as these materials can be analyzed to determine asbestos content. Meet the notification requirements specified in the FDEP and OSHA construction regulations: 29 CFR 1926.1011 (Asbestos) prior to abatement activities. 0IEH During any activities which may disturb the aforementioned designated painted areas, the general contractor must take steps to protect his employees and all subcontractors from significant exposure to lead dust and fumes and to comply with 29 CFR 1926.62 OSHA Lead in Construction standard. The contractor will take precautions to reduce airborne emission of lead dust and debris and employ engineering and work practices that will minimize exposure to lead during renovation activities of these painted surfaces and spread of contamination to adjacent work areas and the environment. General construction work practices with LBP include: Hazard communication and notification with workers Use of appropriate Personal Protective Equipment (PPE) Do not pressure wash, hand or machine sand, sand blast or conduct hot work without approval and appropriate protection and containment Develop and initiate engineering and work practice controls to eliminate the release of paint chips and dust into the surrounding environment during pressure washing, abrasive work or sand blasting activities. Use HEPA filters on all vacuums and negative air machines USEPA hazardous waste regulations, (40CFR262.11), require a generator to determine if a waste is RCRA hazardous or not. Submit composite samples of debris waste for Toxicity Characteristic Leaching Procedure (TCLP) testing for leachable lead. Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, BoyntonBeach, FL Page 13 Page 489 of 662 Sample the paint on the gymnasium bleachers and antique white painted doors and door frames for disposal parameters TCLP analysis. Should the renovations require lead-based paint removal from historic woodworking or the restroom tile, the abatement must be performed by a Licensed Lead Abatement Contractor in accordance with a written specification and contract. This work should be monitored to document appropriate work practices and standards are maintained during the course of the abatement project. It was stated that the original doors and woodworking will be refurbished and re-utilized in the planned renovation. The paint on the doors can be professionally stripped chemically and prepared for re-painting but must be performed by a Licensed Lead Abatement Contractor. (MWGPEMQIV'PSWMRK Although every attempt has been made to do so, this report should not be construed as to have located all environmental concerns associated with the property. It should also be noted that in no way does Eco Advisors, LLC guarantee that all environmental concerns associated with the property have been identified. Eco Advisors, LLC is not responsible for any potential consequence that the Environmental Hazards Assessment has on any pending transactions regarding the subject property. This report was prepared for the exclusive use of the client. The contents of the report shall not be used or relied upon in any way by others without prior written approval of Eco Advisors, LLC. The opinions and recommendations presented herein are based upon information provided to Eco Advisors as of this date, conditions at the time of the inspection, and our professional expertise. Report Prepared By: Report Approved By: Eco Advisors, LLC Eco Advisors, LLC David C. Johanson, CIE, LRA Karen M. Meyer, CIH, CIEC Senior Project Manager Executive Vice President Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, BoyntonBeach, FL Page 14 Page 490 of 662 APPENDIX A Site Photographs Page 491 of 662 4LSXSz:MI[SJ6SSQ<4PEWXMG+EPPSR 4LSXSz:MI[SJ6SSQ''4PEWXIVERH (VYQ[MXL9RORS[R'SRXIRXWz-%5ERH ;SSH0EXLI'IMPMRK(EQEKIz-%5ERH +IRIVEP,E^EVHW +IRIVEP,E^EVHW 4LSXSz:MI[SJ7XEKI;SSH*PSSVMRK 4LSXS:MI[SJ6SSQ>7YWTIGX:MWMFPI (EQEKIz-%5ERH+IRIVEP,E^EVHW 1SPHSR;EPPz-%5ERH+IRIVEP,E^EVHW 'PMIRX6)+%VGLMXIGXW 0SGEXMSR3PH&S]RXSR&IEGL,MKL7GLSSP 6)46IJ)EWX3GIER%ZIRYI (EXISJTLSXSW.ERYEV] Page 492 of 662 4LSXSz:MI[3J'VE[P7TEGI7SYXL,EPJSJ 4LSXSz:MI[9RHIV*PSSV(IGO6SSQ) &YMPHMRK*VMEFPI(EQEKIH%MVGIPP-RWYPEXMSRz %MVGIPP-RWYPEXMSRz%WFIWXSW7YVZI] %WFIWXSW7YVZI] 4LSXSz7YWTIGX[LMXI%'1TMTIMRWYPEXMSR MRWMHIFSMPIVVSSQGPE]XMPI 4LSXSz:MI[SJv\v4ERI;MRHS[ 4LSXSz:MI[SJ8]TMGEP;MRHS[*VEQI 'EYPOz%WFIWXSW7YVZI] 'EYPOz%WFIWXSW7YVZI] 'PMIRX6)+%VGLMXIGXW 0SGEXMSR3PH&S]RXSR&IEGL,MKL7GLSSP 6)46IJ)EWX3GIER%ZIRYI (EXISJTLSXSW.ERYEV] Page 493 of 662 4LSXSz:MI[3J+]Q&VS[R&PIEGLIV 4LSXSz:MI[SJ+]Q;LMXI)RXV](SSVWz 4EMRXz0IEH4EMRX7YVZI] 0IEH4EMRX7YVZI] 4LSXSz:MI[SJ*VSRX(SSVW&VS[R8VMQ 4LSXSz:MI[SJ8]TMGEP7XEMV[IPP+VI] ERH;EPP4EMRXz0IEH4EMRX7YVZI] ;EPP4EMRXz0IEH4EMRX7YVZI] 'PMIRX6)+%VGLMXIGXW 0SGEXMSR3PH&S]RXSR&IEGL,MKL7GLSSP 6)46IJ)EWX3GIER%ZIRYI (EXISJTLSXSW.ERYEV] Page 494 of 662 APPENDIX B Asbestos Laboratory Analytical Results Page 495 of 662 Page 496 of 662 Page 497 of 662 Page 498 of 662 Page 499 of 662 Page 500 of 662 Page 501 of 662 Page 502 of 662 Page 503 of 662 Page 504 of 662 Page 505 of 662 Page 506 of 662 Page 507 of 662 Page 508 of 662 Page 509 of 662 Page 510 of 662 Page 511 of 662 Page 512 of 662 Page 513 of 662 Page 514 of 662 Page 515 of 662 Page 516 of 662 Page 517 of 662 Page 518 of 662 Page 519 of 662 APPENDIX C Lead-Based Paint Laboratory Analytical Results Page 520 of 662 )170%REP]XMGEP-RG %HERWSR7XVIIX7YMXI3VPERHS*0 4LSRI  *E\  )QEMPSVPERHSPEF$IQWPGSQ Attn: /EVIR11I]IV'-, Customer ID:REPA51 6)4%WWSGMEXIW-RG CustomerPO: 6'%&SYPIZEVH Received:01/28/1112:20PM 7YMXI EMSLOrder:341100776 4EPQ&IEGL+EVHIRW*0 Fax:(561)627-2270Phone:(561)627-1810 EMSLProj: Project:SPH&S]RXSR&IEGL,7 8IWX6ITSVX0IEHMR4EMRX'LMTWF]*PEQI%%7 7;&& 0IEH 'SPPIGXIH 'SRGIRXVEXMSR 0EF-( 'PMIRX7EQTPI(IWGVMTXMSR%REP]^IH P11/27/20112/2/20110.084%wt Site:entrybaseboard P21/27/20112/2/20110.15%wt Site:entryhallwall P31/27/20112/2/20110.34%wt Site:classroom1door framewhite P41/27/20112/2/20110.20%wt Site:classroom1doorwhite P51/27/20112/2/20110.33%wt Site:classroom1baseboardwhite P61/27/20112/2/20110.14%wt Site:classroom1wallwhite P71/27/20112/2/20110.23%wt Site:classroom2wallsblue/white P81/27/20112/2/20110.40%wt Site:classroom2door frameblue P91/27/20112/2/20110.096%wt Site:classroom2doorblue P101/27/20112/2/20110.015%wt Site:ceilingwhite P111/27/20112/2/20110.40%wt Site:floorvarnish P121/27/20112/2/20110.35%wt Site:doorframedarkbrown P131/27/20112/2/2011<0.010%wt Site:floorlightbrown Initialreportfrom02/02/201116:43:51 BlancaCortes,Ph.D.,LaboratoryManager orotherapprovedsignatory Reportinglimitis0.01%wt.TheQCdataassociatedwith theseresultsincludedin thisreportmeet themethodQCrequirements,unlessspecificallyindicatedotherwise.Unlessnoted, resultsin thisreportarenotblankcorrected.EMSLbearsnoresponsibilityforsamplecollectionactivities.Samplesreceivedingoodconditionunlessotherwisenoted.*slight modifications tomethodsapplied. SamplesanalyzedbyEMSLAnalytical,Inc.5125AdansonStreet,Suite900,OrlandoFLAIHA-LAP,LLCELLAP163563 Page1of 3 TestReportChmSnglePrm/nQC-7.21.0Printed:2/2/20114:43:51PM Page 521 of 662 )170%REP]XMGEP-RG %HERWSR7XVIIX7YMXI3VPERHS*0 4LSRI  *E\  )QEMPSVPERHSPEF$IQWPGSQ Attn: /EVIR11I]IV'-, Customer ID:REPA51 6)4%WWSGMEXIW-RG CustomerPO: 6'%&SYPIZEVH Received:01/28/1112:20PM 7YMXI EMSLOrder:341100776 4EPQ&IEGL+EVHIRW*0 Fax:(561)627-2270Phone:(561)627-1810 EMSLProj: Project:SPH&S]RXSR&IEGL,7 8IWX6ITSVX0IEHMR4EMRX'LMTWF]*PEQI%%7 7;&& 0IEH 'SPPIGXIH 'SRGIRXVEXMSR 0EF-( 'PMIRX7EQTPI(IWGVMTXMSR%REP]^IH P141/27/20112/2/20110.37%wt Site:mediadoorframepink P151/27/20112/2/20111.8%wt Site:classroom3blackboardpaint P161/27/20112/2/20111.2%wt Site:frontentryframesand trim P171/27/20112/2/20110.34%wt Site:area5supportcolumn P181/27/20112/2/20111.7%wt Site:boilerroomdoor P191/27/20112/2/20110.54%wt Site:Nenddoorframes P201/27/20112/2/20111.9%wt Site:frontdoors P211/27/20112/2/20110.054%wt Site:lunchroomwalls P221/27/20112/2/20110.45%wt Site:groundfloorwomenRRwalls P231/27/20112/2/20110.022%wt Site:NWhallceiling P241/27/20112/2/20110.17%wt Site:NWstairrail P251/27/20112/2/20110.089%wt Site:bldgexitlightyellow P261/27/20112/2/20110.15%wt Site:groundfloorboysRR Initialreportfrom02/02/201116:43:51 BlancaCortes,Ph.D.,LaboratoryManager orotherapprovedsignatory Reportinglimitis0.01%wt.TheQCdataassociatedwith theseresultsincludedin thisreportmeet themethodQCrequirements,unlessspecificallyindicatedotherwise.Unlessnoted, resultsin thisreportarenotblankcorrected.EMSLbearsnoresponsibilityforsamplecollectionactivities.Samplesreceivedingoodconditionunlessotherwisenoted.*slight modifications tomethodsapplied. SamplesanalyzedbyEMSLAnalytical,Inc.5125AdansonStreet,Suite900,OrlandoFLAIHA-LAP,LLCELLAP163563 Page2of 3 TestReportChmSnglePrm/nQC-7.21.0Printed:2/2/20114:43:51PM Page 522 of 662 )170%REP]XMGEP-RG %HERWSR7XVIIX7YMXI3VPERHS*0 4LSRI  *E\  )QEMPSVPERHSPEF$IQWPGSQ Attn: /EVIR11I]IV'-, Customer ID:REPA51 6)4%WWSGMEXIW-RG CustomerPO: 6'%&SYPIZEVH Received:01/28/1112:20PM 7YMXI EMSLOrder:341100776 4EPQ&IEGL+EVHIRW*0 Fax:(561)627-2270Phone:(561)627-1810 EMSLProj: Project:SPH&S]RXSR&IEGL,7 8IWX6ITSVX0IEHMR4EMRX'LMTWF]*PEQI%%7 7;&& 0IEH 'SPPIGXIH 'SRGIRXVEXMSR 0EF-( 'PMIRX7EQTPI(IWGVMTXMSR%REP]^IH P271/27/20112/2/20110.14%wt Site:extmauvecolor trim P281/27/20112/2/20110.39%wt Site:purplewall P291/27/20112/2/20111.4%wt Site:stairwellsgray P301/27/20112/2/20110.064%wt Site:Nextdoor/frame P311/27/20112/2/20110.17%wt Site:showerwall tan P321/27/20112/2/201112%wt Site:gymbleachersbrown P331/27/20112/2/20110.13%wt Site:gymbeadboardandrails P341/27/20112/2/2011<0.010%wt Site:area5ceiling P351/27/20112/2/20110.18%wt Site:mediaroomoldwhitedoors P361/27/20112/2/20110.22%wt Site:blackboardwood trim P371/27/20112/2/20110.19%wt Site:gymwallandstagecap Initialreportfrom02/02/201116:43:51 BlancaCortes,Ph.D.,LaboratoryManager orotherapprovedsignatory Reportinglimitis0.01%wt.TheQCdataassociatedwith theseresultsincludedin thisreportmeet themethodQCrequirements,unlessspecificallyindicatedotherwise.Unlessnoted, resultsin thisreportarenotblankcorrected.EMSLbearsnoresponsibilityforsamplecollectionactivities.Samplesreceivedingoodconditionunlessotherwisenoted.*slight modifications tomethodsapplied. SamplesanalyzedbyEMSLAnalytical,Inc.5125AdansonStreet,Suite900,OrlandoFLAIHA-LAP,LLCELLAP163563 Page3of 3 TestReportChmSnglePrm/nQC-7.21.0Printed:2/2/20114:43:51PM Page 523 of 662 Page 524 of 662 Page 525 of 662 Page 526 of 662 APPENDIX D Signature Pages and CertificaWLRQV±$VEHVWRVDQG/HDG Page 527 of 662 %WFIWXSW6ITSVX7IGXMSR7MKREXYVI4EKI Name: REP Associates, Inc. (an Eco Advisors, LLC company) Address: 3931 RCA Boulevard, Suite 3114 Palm Beach Gardens, Florida 33410 Inspectors: David Johanson Carol Gagnon Signatures: EPA Certification(s): 137211 100445-1467 ANALYTICAL DATA: Name: Dove Environmental Laboratories Address: 8910 Miramar Parkway, Suite 200 Miramar, Florida 33025 Analyst: Rajendranath Ramnath Requirements: This laboratory meets the applicable requirements of 40 CFR Part 763, Section 763.90 via EPA 600/R-93/116 Method using Polarized Light Microscopy FLORIDA CONSULTANT DATA: Name: Eco Advisors LLC/REP Associates, Inc. Address: 3931 RCA Boulevard, Suite 3114 Palm Beach Gardens, Florida 33410 Florida Business License No.: ZA0000088 Consultant: Karen M. Meyer, CIH Florida Consultant License No. AX0000033 Signature: Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, Boynton Beach, FL Asbestos Signature Page Page 528 of 662 Page 529 of 662 Page 530 of 662 Page 531 of 662 0IEH&EWIH4EMRX6ITSVX7IGXMSR7MKREXYVI4EKI -274)'8-32(%8% Site Name: Old Boynton Beach High School Site Address: 127 East Ocean Avenue Boynton Beach, Florida 33435 *036-(%97)4%0)%(6-7/%77)7736(%8% : Name: Eco Advisors, LLC Address: 3931 RCA Boulevard, Suite 3114 Palm Beach Gardens, Florida 33410 Lead Inspector: David Johanson FL-R-412-1 Signature: %2%0=8-'%0(%8% Name: EMSL Analytical, Inc. Address: 5125 Adanson Street, Suite 900 Orlando, Florida 32804 Analyst: Blanca Cortes Requirements: Lead in Paint chips by Flame AAS by EPA (SW 846 3050B/7000B) 6):-);)6 CIH: Karen M. Meyer ABIH 6953-CP Signature: 0)%(*-61')68-*-'%8-32 Name: Eco Advisors, LLC Address: 3931 RCA Boulevard, Suite 3114 Palm Beach Gardens, Florida 33410 Certification No.: FL-17993-1 Environmental Hazards Evaluation February 2011 Old Boynton Beach High School, 127 East Ocean Drive, Boynton Beach, FL Lead Signature Page Page 532 of 662 Page 533 of 662 Page 534 of 662 Page 535 of 662 APPENDIX E Site Location Maps Page 536 of 662 Page 537 of 662 Page 538 of 662 Page 539 of 662 Page 540 of 662 Page 541 of 662 Page 542 of 662 )\LMFMX- 7)'8-32 '378%2%0=7-7348-327 3TXMSRcd7XEFMPM^EXMSR0IZIP 7EQTPI4VSNIGX*X4MIVGI4SWX3JJMGI 3TXMSRcd7XEFMPM^EXMSR0IZIP 7EQTPI4VSNIGX7X%REWXEWME'LYVGL Page 543 of 662 Page 544 of 662 Page 545 of 662 Page 546 of 662 Page 547 of 662 Page 548 of 662 Page 549 of 662 Page 550 of 662 Page 551 of 662 Page 552 of 662 6)+%6',-8)'87-2' %6',-8)'896)-28)6-36()7-+240%22-2+ ,MWXSVMG7X%RRcW4EVMWL&YMPHMRKW (S[RXS[R;4& 4VSNIGX8]TI 'EXLSPMG4EVMWL 7GLSSP'EQTYW,MW XSVMG6IRSZEXMSR 6ILEFMPMXEXMSR 'PMIRX 7X%RR4EVMWL(MSGIWISJ4EPQ&IEGL 'SYRX] 'SRXEGX *V7IEQYW1YVXEKL4EWXSV 4LSRI  4VSNIGX7M^I 4LEWI-c4EVMWL3JJMGI6IWXSVEXMSRXSXEPWJ 4LEWI--c'LYVGL-RXIVMSV6IWXSVEXMSRcWJ 4LEWI---c%HQMRMWXVEXMZI;MRK-QTVSZIQIRXW$7X%RR7GLSSP MRGPYHMRK%(%GSQTPMERGI 4LEWI-:c6IWXSVEXMSRSJ,MWXSVMG4VMIWX6IWMHIRGI6IGXSV] 4VSNIGX'SWX QMPPMSRETTVS\EPPTLEWIW ;SVO(IWGVMTXMSR ,MWXSVMG6IWXSVEXMSR[SVOXLEXMRZSPZIHGSSVHMREXMSRSJ%(% GSHIWERHJSPPS[MRKXLI,MWXSVMG+YMHIPMRIWJSV,MWXSVMG6IWXSVE XMSR 6ILEFMPMXEXMSREW%VGLMXIGXERH-RXIVMSV(IWMKR*MVQ 'SQTPIXITPERRMRKEVGLMXIGXYVIERHMRXIVMSVWTVIWIRXEXMSRWGSTI Page 553 of 662 Page 554 of 662 Page 555 of 662 Page 556 of 662 Page 557 of 662 Page 558 of 662 Page 559 of 662 Page 560 of 662 Page 561 of 662 Page 562 of 662 Page 563 of 662 Page 564 of 662 Page 565 of 662 Page 566 of 662 Page 567 of 662 Page 568 of 662 Page 569 of 662 Page 570 of 662 Page 571 of 662 Page 572 of 662 Page 573 of 662 Page 574 of 662 Page 575 of 662 Page 576 of 662 Page 577 of 662 Page 578 of 662 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VIUYIWXETTVSZEPSJXLIEFERHSRQIRXETTPMGEXMSRJSVvYXMPMX]IEWIQIRX[MXLMRXLI M7XSVEKI6:FSEXWWMXI    Page 640 of 662 Page 641 of 662 Page 642 of 662 Page 643 of 662 Page 644 of 662 Page 645 of 662 Page 646 of 662 Page 647 of 662 Page 648 of 662 Page 649 of 662 Page 650 of 662 Page 651 of 662 Page 652 of 662 Page 653 of 662 Page 654 of 662 Page 655 of 662 Page 656 of 662 Page 657 of 662 Page 658 of 662 Page 659 of 662 Page 660 of 662 Page 661 of 662 Page 662 of 662